HELP TOPICS
To conduct a search on a civil case, click the first button on the Public Access Main Menu (Family Court).
There are five search options listed on the Civil Database Inquiry page: Case Number, Party Name, Filing Date, Event Date, and Disposition Date. All searches use drop-down list boxes wherever possible.
Case Number Search
If you are searching for a civil case by its Case Number,
you must enter the year in which the case was filed. Next, enter a case number from 1 to 999999 in the
"From" box. If you leave the "To" box blank, the search will attempt to locate only the one specific
case indicated in the "From" box. If you enter another case number in the "To" box, the system will
attempt to locate a sequence of cases ranging from the number entered in "From" through the number
entered in "To". The system will not accept a "To" number that is less than the "From" number.
If no records match your search criteria an appropriate message will be delivered to you.
Name Search
The full or partial party name search feature allows you to search for a civil case by the name of one of
the parties involved in the suit. A drop-down list box is available, and is used to indicate that you wish
to search by the name of the defendant, the name of the plaintiff or the name of an attorney. You will then
need to enter a full or partial name for the party. Names are retained on the system LAST NAME FIRST,
followed by a comma, then the first name, and finally a middle name or initial (other than the comma after
LAST NAME, no other punctuation is used). As an example, if you are looking for cases involving a party
named John Q. Public, the best and quickest search results will be obtained by entering Public, John Q .
If you aren't sure of the exact spelling of a name, you should probably try entering only the first part
of the name. For instance, if the name you're looking for is pronounced "Minnick", you should probably
enter "Min" and leave the rest of the box blank rather than trying every possible spelling of the name
(Minick, Minnic, Minnick, Minich, etc.) Company names are entered exactly as they occur, but are sometimes
mis-identified in paperwork. Thus, a search for "Brown Electrical Works Inc." might best be made by entering
only "Brown Electric", because the company name may have been recorded as "Brown Electrical",
"Brown Electrical Works", "Brown Electric Incorporated", etc.
Filing Date Search
You may also search for civil cases by Filing Date. Filing Date refers to the date on which the case was
filed with the Court. You may search on civil cases filed from January 1, 1988 up to the present day.
Civil cases filed prior to 1988 are not available on the Public Access system. In addition to a filing
date range, you may also indicate an OPTIONAL filing code. The filing code is used to indicate the
specific type of civil suit suit filed.
Event Date Search
This refers to the date on which some event is scheduled to occur in a civil case, or a date on which
an event already occurred. You may search for event dates set for the future, or already held, by entering
any range of event dates. You may narrow down your search by entering an OPTIONAL event code, representing
a specific type of event (such as a final hearing, motion hearing, or pre-trial conference).
Disposition Date Search
This refers to the date on which a civil case was disposed, or "adjudicated". You may search for cases
disposed from January 1, 1988 up to the present day. Civil cases disposed prior to 1988 are not available
via the Public Access system. You may narrow down your search by entering an OPTIONAL disposition code in
a box reserved for that purpose. Disposition codes refer to the specific manner in which a case was disposed.
After entering your search criteria, click on the Search button immediately to the right of the information in order to start your search.
The Case Selection Page
If the system is able to locate one or more civil cases which match the search criteria you entered,
a page containing a list of these cases will be displayed for you. This page contains enough basic
information about each case for you to narrow down your search and locate the case or cases you wish to
view in full.
If you click on a Case ID, you will be sent another page containing additional details of a specific civil case, and buttons which will allow you to view all parties, docketed entries, scheduled events, and properties involved in the suit. A button is available on the case's Docket Page for the purpose of obtaining a printed case "report".
The public should be aware that Charleston County does not warrant that the information contained
in the Public Access Case Search facility reflects the most current information in the official
files of the Clerk of Court, nor does the County warrant the accuracy of the information
provided by this system.
Please note that due to routine maintenance requirements, the Public Access Case Search facility is not available between
the hours of Midnight and 6:00 A.M. daily.
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Please note that ONLY judgments filed and indexed with the Family Court in Charleston County can be accessed through this search feature.
To conduct a search on the judgments index, click the third button on the Public Access Main Menu (Judgments Database Inquiry).
There are four search options listed on the Judgments Database Inquiry page: Case Number, Name, Filing Date, and Satisfaction Date. All searches use drop-down list boxes wherever possible.
Case Number Search
If you are searching for a judgment by its Case Number , enter the year in which the judgment was filed
with the court. Judgments are indexed as far back as 1988. Then, enter a case number from 1 to 999999
in the "From" box. If you leave the "To" box blank, the search will attempt to locate only the one
specific case indicated in the "From" box. If you enter another case number in the "To" box, the system
will attempt to locate a sequence of cases ranging from the number entered in "From" through the number
entered in "To". The system will not accept a "To" number that is less than the "From" number. If no
records match your search criteria an appropriate message will be delivered to you.
Name Search
The full or partial party name search feature allows you to search for a judgment by the name of one of
the parties involved. A drop-down list box is available, and is used to indicate that you wish to search
by the name of the judgment debtor (that is, the person in the judgment who owes something to another party),
or the name of the person to whom the judgment was awarded. You will then need to enter a full or partial
name for the party. Names are retained on the system LAST NAME FIRST, followed by a comma, then the first
name, and finally a middle name or initial (other than the comma after LAST NAME, no other punctuation is used).
As an example, if you are looking for cases involving a party named John Q. Public, the best and quickest
search results will be obtained by entering Public, John Q . If you aren't sure of the exact spelling of
a name, you should probably try entering only the first part of the name. For instance, if the name you're
looking for is pronounced "Minnick", you should probably enter "Min" and leave the rest of the box blank
rather than trying every possible spelling of the name (Minick, Minnic, Minnick, Minich, etc.) Company
names are entered exactly as they occur, but are sometimes mis-identified in paperwork. Thus, a search
for "Brown Electrical Works Inc." might best be made by entering only "Brown Electric", because the
company name may have been recorded as "Brown Electrical", "Brown Electrical Works", "Brown Electric
Incorporated", etc.
Filing Date Search
You may also search for a Judgment by Filing Date. Filing Date refers to the date on which the judgment
was filed with the Clerk of Court, NOT the original filing date of the case. You may search on judgments
filed from January 1, 1988 up to the present day. Judgments filed prior to 1988 are not available on the
Public Access system.
Satisfaction Date Search
This refers to the date on which a judgment was satisfied. That is, the date on which the
particulars of the judgment were actually and fully complied with. You may search for judgments satisfied
from January 1, 1988 up to the present day. When a judgment contains no satisfaction date, it is a judgment that
has not been completely satisfied. Judgments which are not satisfied after a period of ten years are considered as
having expired. You may also indicate an OPTIONAL satisfaction code to narrow down your
search. The satisfaction code is used to represent the manner in which a judgment was satisfied or otherwise "disposed". For example, a
satisfaction code may indicate "judgment vacated", "satisfied", or "judgment rescinded".
After entering your search criteria, click on the Search button immediately to the right
of the information in order to start your search.
The Case Selection Page
If the system is able to locate one or more judgment which matches the search criteria you entered, a page
containing a list of these judgments will be displayed for you. This page contains enough basic information about each
judgment for you to narrow down your search and locate the particular judgment or judgments you wish to view in full. Oftentimes,
a single case ID will have two or more judgments associated with it. This means that in the single case, multiple defendants and/or plaintiffs
have had a judgment rendered for or against them. Although tracked under a single case ID, each judgment is handled on an individual basis.
Case ID and you will be sent another page containing all the details of a specific
judgment, including all involved parties and a history of actions taken.
The public should be aware that Charleston County does not warrant that the information contained
in the Public Access Case Search facility reflects the most current information in the official
files of the Clerk of Court, nor does the County warrant the accuracy of the information
provided by this system.
Please note that due to routine maintenance requirements, the Public Access Case Search facility is not available between
the hours of Midnight and 6:00 A.M. daily.
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To request a civil case report, first click the Report options button on the
Main Menu. You will be sent a page called the "Reports Menu".
If you wish to request a civil case report, you must know the complete case ID of the case for which you
want a report. If you don't know the case ID, you should obtain it through one of the various civil case search
methods provided through the Public Access System. If you are using one of the database search functions, you may request
a case report from the Docket Page associated with the case, once you have located it, without exiting and returning
to the Reports Menu.
- The case type "DR" (representing Domestic Relations) together with location "10" (representing Charleston County)
is used to identify Family Court cases. It is important to note that certain Family Court cases (such as adoptions and abuse)
are not available through Public Access.
- The case type "JU", represents Juvenile criminal matters. These
cases are secured and unavailable through the Public Access System.
Next, you must enter the year in which the case was filed.
Finally, enter a case number from 1 to 999999 in the "Case Number" box and click the "Submit" button. If a case cannot be located that
matches your request criteria, an appropriate message will be delivered to you.
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"A"
Affidavit
A written or printed declaration or statement of facts, made voluntary, and
confirmed by oath or affirmation of the party making it.
Answer
The paper in which the defendant answers the claims of the plaintiff.
Argument
The presentation of the review of the evidence and summation
by the attorneys at the end of the case, after all of the evidence
is in and both parties have rested.
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"B"
Bailiff
The bailiff is an officer of the court who waits upon the court
and the jury, and maintains order.
Bond Hearing
A hearing at which a Magistrate (or Judge) notifies defendants of the charges
pending against them, advises them of their legal rights and sets bail. All law
enforcement agencies within Charleston County use this court.
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"C"
Civil Case
A lawsuit is called a "civil case" when it is between persons in
their private capacities or relations, or when the government,
whether federal, state, or local, or some department thereof, sues
an individual under the law, as distinguished from prosecuting a
criminal charge. It results generally in a verdict for the plaintiff or
for the defendant and, in many cases, involves the giving or denying
of damages.
Claim and Delivery
A Magistrate's civil case or the paperwork used to initiate such a case. This type
of suit (called a "claim") is filed when a person feels that his property is being
unlawfully held by another party. Such a case must be filed in the jurisdiction where the
party holding the property is located.
Clerk
The clerk sits at the desk in front of the judge, is an officer of
the court and keeps a record of papers filed. He has custody of
the pleadings and records of the trial of the case, orders made by
the court during the trial and the verdict at the end of the trial.
He also administers the oath to jurors and all witnesses before they testify.
Clerk of Court
A county-elected official who heads the office of the Clerk of Court. The Clerk of Court
provides administrative support for the Courts of Common Pleas, General Sessions, and Family Court.
Common Pleas Case
A case filed and adjudicated in the Court of Common Pleas. A Civil case that is not
applicable in Family Court, probably involving an amount or property value of $5000 or more.
Common Pleas, Court Of
The Court of Common Pleas is the court of general jurisdiction over civil cases in Charleston County,
excepting those cases in which the amount or value of property in dispute is less than $7,500.
The Court of Common Pleas and Court of General Sessions are, respectively,
the civil and criminal branches of the Circuit Court of South Carolina. Charleston and Berkeley Counties
form the 9th Judicial Circuit of the state's 16 circuits.
Complaint
The paper in which the person who brings the lawsuit sets forth his claims against the defendant.
Court Reporter
The court reporter takes down in shorthand or on a machine
everything that transpires, which constitutes the stenographic
record of the case. The notes so made are subject to transcription
later, should occasion, such as appeal, require a transcript. The court reporter
marks all exhibits when they are received in evidence.
Cross-Examination
The questions which a lawyer puts to the opposing party and his/her witnesses, as
opposed to simple "examination" or "direct examination".
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"D"
Defendant
In a civil case, the defendant is the person against whom the
lawsuit is brought.
In a criminal case, the defendant is the person charged with an offense.
Deposition
Testimony which is written out in question and answer form just
as it would have been given in court is called a "deposition" and
may be read at the trial. This is ordinarily done because of illness or absence of a party
who would otherwise give oral testimony in court.
Directed Verdict
A verdict handed down directly by a judge in a jury trial. Directed
verdicts are generally handed down because of a legal issue which makes it unnecessary to submit
the case to the jury.
Distress Warrant
An action filed in a Magistrate's court by a landlord, in order to seize the property
of a tenant. Once the property has been seized it is inventoried and sold at public
auction with the revenues used as payment of rent monies or arrearage.
Docket
1) In many courts, refers to the calendar maintained by the court. Thus, a schedule of jury trials
for a certain period of time might be referred to as the "Jury Trial Docket".
2) The term "docket" may also refer to a case record. Thus, the complete, historical register of actions
which have taken place in a case may be referred to as the "case docket".
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"E"
Examination or Direct Examination
The questions which the lawyer asks his own client or his own
witnesses are often referred to as "examination", "direct examination", or
"examination in chief", as opposed to "cross-examination".
Exhibit(s)
Objects, including pictures, books, letters and documents are
often received in evidence. These are called "exhibits" and are
generally given to the jury to take to the jury room for examination
while deliberating.
Expungement
The processs and paperwork by which the records of a criminal conviction
are destroyed or sealed after a certain length of time. This includes records in files, on computer, or in
any other depositories.
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"F"
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"G"
Garnishment
A statutory proceeding resorted to as a means of satisfying a debt or judgment action
by reaching credits, monies (including wages), or property of the debtor or judgment debtor.
General Sessions Case
A case filed and adjudicated in the Court of General Sessions, therefore a Criminal case which
is neither a traffic offense or a misdemeanor offense punishable by a fine less than $500 and/or 30 days
incarceration. Generally (though not always) a felony case.
General Sessions, Court Of
The Court of General Sessions is the court of general jurisdiction over criminal cases in Charleston County,
excepting traffic offenses and most misdemeanor cases, which are usually adjudicated in the Magistrates' Courts.
The Court of Common Pleas and Court of General Sessions are, respectively,
the civil and criminal branches of the Circuit Court of South Carolina.
Charleston and Berkeley Counties form the 9th Judicial Circuit of the state's 16 circuits.
Grand Jury
A special jury charged with hearing evidence of felonies to determine whether
there is sufficient evidence to return an indictment against a defendant and cause
him/her to stand trial on the charges.
Guardian; Guardianship
A person lawfully invested with the power and charged with the duty of taking care of another person who,
for defect of age, understanding, or self-control is considered incapable of administering his own affairs.
In South Carolina, guardianship of an adult is generally limited to the care and management of
the person, not his or her estate.
Guardian Ad Litum
A special guardian appointed by the court to prosecute or defend, on behalf of
a minor or incompetent, a suit to which s/he is a party. Such guardian is considered an
officer of the court to represent the interests of another in litigation.
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"H"
Habeus Corpus (writ of)
Literal meaning "you have the body". The name given to a variety of writs, but
generally referring to a writ directed to a person who is detaining another and commanding him to produce the prisoner
or person detained. The purpose of the writ is to test the legality of the detention or
imprisonment, and has no bearing on the guilt or innocence of the prisoner.
Hearing
A court proceeding less formal than a trial, at which definite issues of fact
or of law are tried, in which witnesses are heard and parties proceeded against have a
right to be heard. A hearing may be held in a case to make a determination on pre-trial
motions, to set bond, to determine a cause of action, or may even result in a final order and
disposition of the case.
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"I"
Indictment
A formal document issued by a grand jury accusing a defendant of a crime. A criminal
action may be initiated by the issuance of a direct indictment, prior to arrest.
Instructions or "Charge" to Jury
The outline of the rules of law which the jury must follow in their deliberations
in deciding the factual issues submitted to them is
called either the judge's "charge" to the jury, or his "instructions"
to the jury.
Issue
A disputed question of fact is referred to as an "issue". It is
sometimes spoken of as one of the "questions" which the jury must answer
in order to reach a verdict.
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"J"
Judgment, or Judgement
An official and authentic decision of a court of justice upon the respective rights
and claims of the parties to an action or suit. The law's last word in a judicial controversy, it
being the final determination by a court. Under rules practice, the term "judgment" generally
includes "decree". The terms "decision" and "Judgment" are commonly used interchangeably. Both spellings
are technically correct.
Jury Panel
The whole number of prospective jurors from which the trial jury is
chosen.
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"K"
Known Heirs
In matters of probate, held to mean those persons who are known, and whose right to
inherit is dependent on the non-existence of other persons nearer or as near in ancestry
to the decedent.
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"L"
Lis Pendens
A pending suit. Jurisdiction, power, or control which courts acquire over
property in a suit pending action, and until final judgment. A notice of lis pendens is a notice
filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger
of being bound by an adverse judgment.
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"M"
Motion
An application made to a court or judge for the purpose of obtaining a rule or order directing some act
to be done. Motions are usually made within a framework of an existing action or proceeding and require
notice to all parties, but some types of motions may be made without notice.
Motion Hearing
A special type of hearing, held for the sole purpose of ruling on various motions made
in a case. A Motion Docket is generally a list or calendar of cases scheduled to
come before the court for rulings on motions.
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"N"
Nolle Prosequi
A formal entry upon the record by a prosecuting officer by which s/he
declares that s/he will not prosecute the case further. There may be many reasons
for a decision to "nolle prosequi" a case. Nolle Prosequi is often entered as a
type of criminal case disposition.
Nolo Contendre
A plea by the defendant in a criminal prosecution that, without admitting
guilt, subjects him or her to conviction.
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"O"
Objection
A term called out in court to indicate that a lawyer is
objecting to the asking of a question, or to the manner in which a
question is asked.
Objection Overruled
This term means that, in the judge's opinion, the lawyer's
objection is not well taken under the rules of law.
Objection Sustained
This term means that, in the judge's opinion, the lawyer's objection
was well taken under the rules of law.
Opening Statement(s)
Befor introducing evidence for his side of the case, a lawyer
is permitted to tell the jury what the case is about, and what evidence she expects
to bring in to prove his side of the case. Also referred to as "opening remarks".
Order
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"P"
Parties; Party
Persons directly associated with a case. The plaintiff and defendant, who are also
often referred to as the "litigants"; however "parties" may also include the attornies
for the litigants, and other persons whose interests are involved in the outcome of
a case. Jurors, Judges, Clerks, Bailiffs and Court Reporters are not parties in a case.
Plaintiff
In a civil case, the person or persons who initiating a lawsuit.
In a criminal case, the "plaintiff" is automatically
the government, whether Federal, State, or local. The prosecuting attorney is not the plaintiff,
but represents the government, who is the true "plaintiff" in a criminal case.
Pleadings
The parties in a lawsuit must file in court papers stating their claims
against each other. In a civil case, these usually consist of a complaint filed by the plaintiff, an answer filed by
the defendant, and oftentimes a reply filed by the plaintiff.
Preliminary Hearing
The hearing at which a Magistrate (or Judge) determines if there is probable cause
to bind a case over for trial.
Probate
The legal process by which a will is proved to be valid or invalid. Probate also includes
the process of generally administering an estate, including the paying of creditors, distribution of assets,
and determination of legal heirs in situations where a deceased is intestate (died without
a will).
Probate Court
A court having general powers over the probate of wills and administration of estates.
In Charleston County, the Probate Court is also empowered to appoint conservators,
guardians and trustees, issue marriage licenses, and rule on involuntary commitments of
individuals incapacitated by reason of mental illness and/or drug and alcohol problems.
Pro Se
A person who choses to act as his or her own attorney by representing him/herself
before the court.
Prosecutor; Prosecution
One who prosecutes another for a crime in the name of the government. A "prosecutor" takes charge of the
case an performs the function of trial lawyer for the people. An elected official who prosecutes criminal
cases sometimes bears the title of "district attorney". In South Carolina, such an official is
called the Solicitor.
PTI
Pre-Trial Intervention. A diversionary program designed for first-time offenders of non-
violent crimes. The program requires participants to make restitution to the victim(s), perform
a period of community service and participate in court observations and prison tours. Participants may also be required to comply with othr conditions such as
drug testing. Upon completion of such a program, the defendant is generally eligible to have
his record expunged.
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"Q"
Quash
To overthrow, abate, vacate, or annul. To make void.
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"R"
Record
This refers to the pleadings, the exhibits, and the word-for-word record made
by the court reporter of all proceedings at a trial.
Remand
To send back. The sending back by an appellate court to the court from which
it came, for the purpose of having some further action taken on it there. When used in
reference to a person, it means to send back into custody.
Reply
The paper in which the plaintiff responds to any claims made by the defendant in
his/her answer.
Rest
A legal term which means that a lawyer has concluded the evidence
s/he wants to introduce at that stage of the trial.
Rule to Show Cause
A rule which commands a party to appear and show cause why s/he sould not be
compelled to do the act required, or why the object of the rule should not be enforced.
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"S"
Solicitor
In Charleston County, an elected official who's job it is to prosecute criminal cases.
The office of the Solicitor also sees to the scheduling of criminal cases for trial.
Strike; Striking (testimony)
On some occasions, after a witness has testified, the judge will
order certain evidence stricken from the record and will direct the jury
to disregard it. When this is done, the jury will treat the "stricken" evidence
as though it had never been presented.
Subpoena
The document which is issued for service upon a witness to compel his/her
appearance in court.
Summons
An instrument used to commence a civil action or special proceeding. Writ or process irected to the
sheriff or other proper officer, requiring him to notify the person named that an action has
been commenced against him and that he is required to appear on a day named, and
answer the complaint in such an action.
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"T"
Trial
A judicial examination and determination of issues between parties to action,
whether civil or criminal.
Trial Docket
A list of cases scheduled for trials during a certain term of court.
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"U"
URESA
Uniform Reciprocal Enforcement of Support Act. A federal act governing cases
wherein one parent lives in one state (e.g., South Carolina) and the other does not
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"V"
Verdict
The findings made by the jury on the issue submitted to them is the "verdict".
Voir Dire
The phrase "Voir Dire" literally means "to speak the truth". In court,
it refers to a process of determining whether a juror can serve fairly and
impartially in a given case by asking the juror various questions. These questions
are designed to let the court learn whether a juror has prior knowledge of the
case, is related to or employed by one of the parties in the case, and whether
the juror has prejudices and opinions which would make it impossible
for him/her to make an impartial decision in the case.
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"W"
Writ
An order issued by a court requiring the performance of a specified act,
or giving authority to have it done.
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"X Y Z"
"Y"
Yea and Nay
Yes and no. Affirmative and negative votes.
Yield
To give up, relinquish, or surrender.
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