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How To Conduct A Case Search

Civil Cases    Lis Pendens    Judgments Index    Criminal Cases


How To Request A Report

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Civil Case Search

To conduct a search on a civil case, click the first button on the Public Access Main Menu (Civil Case Database Inquiry).

There are seven search options listed on the Civil Database Inquiry page: Case Number, Party Name, Filing Date, Event Date, Disposition Date, Tax Map Number, and Master In Equity File Number. 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 will first need to select a case type and court location using the drop-down list box provided for this purpose.

Next, you must enter the year in which the case was filed. Common Pleas civil cases going back to 1988 are available on the database, as are Family Court cases back to 1992. Magistrates' civil and small claims cases have been available on the system since January 1, 1998.

Finally, 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 (for example, auto negligence, medical malpractice, or personal injury).

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 hearing, jury trial, motion hearing, or conference) and an OPTIONAL judge code. The judge code is used to represent the name of the judge who presided, or is scheduled to preside, at the event. You may use either, or both of these codes to narrow down your search.

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; for example "case dismissed for lack of prosecution", or "finding for plaintiff".

Tax Map Number Search

Because it is the nature of Lis Pendens suits to always involve property, a search by Tax Map Number is provided by the system for assistance in locating civil cases involving properties. A tax map number is a unique identification number assigned to a piece of property. You may, if you wish, enter a single, specific tax map number or a range of tax map numbers using both the "From" and "To" boxes provided. If you are searching for information on a single, specific piece of property and you know the tax map number, you may enter the number in the "From" box. Enter a range if you have only a partial number available, or if you are attempting to locate a piece of property within a subdivision, or if you are searching for information on a group of properties within an area.

Master In Equity File Number Search

You may search for civil cases which have been referred to the Master In Equity court by entering the Master's court file number in the "From" and "To" boxes provided for this purpose. The Master's file number search is conducted much like the Case ID search, except that case type, court location, and filing year are not required. ONLY cases referred to the Master's court are available through this search.

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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Lis Pendens Search

Please note that ONLY Lis Pendens may be accessed through this search feature. Simply put, a notice of lis pendens is a notice filed on public record with the Court for the purpose of warning all persons that the title to certain property is in litigation, or is about to be entered in litigation. A Lis Pendens is only active for five days, after which time it "expires", or is transferred to a Common Pleas case. Information displayed on the Lis Pendens inquiry screen will indicate the disposition of the suit; that is, whether it has expired or been transferred to Common Pleas. To conduct a search on Lis Pendens suits, click the second button on the Public Access Main Menu (Lis Pendens Database Inquiry).

There are six search options listed on the Lis Pendens Database Inquiry page: Case Number, Filing Date, Disposition Date, Name, Tax Map Number, and Release Date. All searches use drop-down list boxes wherever possible.

Case Number Search

If you are searching for a Lis Pendens by its Case Number you will not need to enter a case type and court location; the type ("LP" representing Lis Pendens) and location (10, representing Charleston County) are already displayed for you. You must enter the year in which the case was filed (Lis Pendens suits going back to 1988 are available on the database), and 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.

Filing Date Search

You may also search for Lis Pendens by Filing Date. Filing Date refers to the date on which the Lis Pendens was filed with the Clerk of Court. You may search on Lis Pendens suits filed from January 1, 1988 up to the present day. Lis Pendens suits 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 refers to the specific type of Lis Pendens suit filed. There are only two possible codes for Lis Pendens: code 4050 is a regular Lis Pendens matter, and code 4055 represents Lis Pendens matters in which the filing fee was waived.

Disposition Date Search

This refers to the date on which a Lis Pendens was transferred, expired, or otherwise closed (ended). You may search for cases disposed from January 1, 1988 up to the present day. Lis Pendens suits disposed prior to 1988 are not available via the Public Access system.

Name Search

The full or partial party name search feature allows you to search for a Lis Pendens 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.

Tax Map Number Search

Because it is the nature of Lis Pendens to always involve property, a search by Tax Map Number is also provided by the system. A tax map number is a unique identification number assigned to a piece of property. You may, if you wish, enter a single, specific tax map number or a range of tax map numbers using both the "From" and "To" boxes provided. If you are searching for information on a single, specific piece of property and you know the tax map number, you may simply enter the number in the "From" box. Enter a range if you have only a partial number available, or if you are attempting to locate a piece of property within a subdivision, or if you are searching for information on a group of properties within an area.

Release Date Search

You may search for Lis Pendens by the date in which the properties involved were released from the suit. "Release date" refers to a date on which a piece of property involved in litigation was "released", or no longer involved in the litigation. In any given Lis Pendens, individual properties may be released at different times and for different reasons, while others may continue to be disputed. The release date search allows you to look for released properties only, regardless of the status of any case in its entirety.

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 Lis Pendens 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 suit for you to narrow down your search and locate the case or cases you wish to view in full. Simply click on the Case ID and you will be sent another page containing all the details of a specific Lis Pendens, including all parties and properties involved in the suit.

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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Judgments Index Search

Please note that ONLY judgments filed and indexed with the Court of Common Pleas in Charleston County can be accessed through this search feature. When a judgment is rendered in a civil case, either in the Court of Common Pleas or in another court such as Small Claims, the judgment must be filed with the court in order to obtain execution of the judgment. There are two types of judgments indexed on the Civil System. Judgments rendered in the Court of Common Pleas in Charleston County are indexed under their original case ID and will have "CP" numbers. Cases heard in other courts, such as Small Claims, or in other counties, but which have judgments filed in the Court of Common Pleas in Charleston County, are indexed under a "JG" case id.

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 you must first enter a case type and court location; the type may be "JG" or "CP". There are two types of judgments indexed on the Civil System. Judgments rendered in the Court of Common Pleas in Charleston County are indexed under their original case ID and will have "CP" numbers. Cases heard in other courts, such as Small Claims, or in other counties, but which have judgments filed in the Court of Common Pleas in Charleston County, are indexed under a "JG" case id. Both will have the court location 10. Next, 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 (sometimes known as the "judgment payee"). 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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Criminal Case Search

To conduct a search on a criminal or traffic case, click the fourth button on the Public Access Main Menu (Criminal Case Database Inquiry).

There are eight search options listed on the Criminal Database Inquiry page: Case Number, Party Name, Arrest Date, Warrant Filed Date, Indictment Date, Event Date, Disposition Date, and Ticket or Warrant Number. All searches use drop-down list boxes wherever possible.

It is important to note that most criminal cases start out with SU83 case IDs (SU83 is the court code representing Bond Hearing Court), are transferred to Open Warrants ("OW") cases and are later transferred up to a General Sessions case ID. Thus, a name search that lists an SU83, OW10 and GS10 case for a single individual, has probably located a single case that has gone through two transfers.

Case Number Search

If you are searching for a criminal or traffic case by its Case Number you will first need to select a case type and court location using the drop-down list box provided for this purpose.

Next, you must enter the year in which the case was filed. General Sessions, Open Warrants and may Magistrate's criminal and traffic cases going back to 1991 are available on the database.

Finally, 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 criminal or traffic case by the name or alias name of the defendant. The Charleston County Courts do not record cases against multiple defendants in a case; each defendant is assigned his/her own case ID. However, multiple counts are often filed against a defenant under a single case ID. A drop-down list box is available, and is used to indicate that you wish to search by the name of the defendant, the defendant's attorney, or the name of a bondsman or bonding company or arresting officer. You may not conduct a search by the name of a victim or witness, as this information is secured from public access inquiry. When you search by the defendant's name, all records are inspected for matching aliases as well. There is no seperate search for an alias.
Next, you will 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.)

Arrest Date Search

You may search for criminal or traffic cases by the defendant's date of arrest. (In traffic cases, this date usually to the date on which the violation occurred.) You may search on criminal or traffic cases filed from January 1, 1991 up to the present day. Criminal case defendants arrested prior to 1991 are not available on the Public Access system.

In addition to an arrest date range, you may also indicate an OPTIONAL arresting agency code. Arresting agency codes are used to indicate a specific law enforcement agency empowered to arrest offenders within Charleston County. Such agencies may include the County Sheriff, any municipal police force in the county, a bonding agency, or SC State department of Probation and Parole, no name a few examples.

Warrant Filing Date Search

You may also search for criminal or traffic cases by Warrant Filed Date. In Criminal cases, this date search refers to the date on which a warrant was filed against the defendant in the case; in traffic situations it refers to the date the ticket was issued. You may search on criminal or traffic cases filed from January 1, 1991 up to the present day. Criminal cases filed prior to 1991 are not available on the Public Access system.

In addition to a warrant date range, you may also indicate an OPTIONAL report group code. Report Group codes are used to indicate a specific type of crime or offense for which the defendant has been charged (for example, arson, forgery, 2nd degree burglary, etc.).

Indictment Date Search

You may search for criminal case by Indictment Filed Date. Please note that this date is only present in cases involving a direct indictment of a defendant by the Grand Jury. In the majority of cases this date will not be present, but if you are restricting your search to cases in which there was a direct indictment, this search feature will assist you by bypassing all other criminal cases. The date refers to the date on which the indictment was formally filed.

In addition to an indictment date range, you may also indicate an OPTIONAL judge code. This codes is used to represent the judge to whom the case has been assigned.

Event Date Search

This refers to the date on which some event is scheduled to occur in a criminal or traffic 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 indicating a specific (OPTIONAL) event code, or judge code. An event code refers to a specific type of occurance in a case, such as Bench Trial, Jury Trial, Hearing, etc. The judge codes represent the name of the judge who presided over, or will preside over, the event. Either or both of these fields may be used to focus your search.

Disposition Date Search

This refers to the date on which a criminal or traffic case was disposed, or "adjudicated". You may search for cases disposed from January 1, 1988 up to the present day. Criminal cases disposed prior to 1988 are not available via the Public Access system. You may also OPTIONALLY indicate a disposition code in the box reserved for that purpose. Disposition Codes represent the specific manner in which a case was disposed; for example, "Not Guilty", "Case Transfered to another Court", "Dismissed for Lack of Prosecution", or "Defendant Pled to Another Charge".

Ticket or Warrant Number Search

All Criminal or traffic cases in Charleston County except those filed as a result of a direct indictment will have an associated warrant or ticket number. In situations where the citation (ticket) number or warrant number is known, but the case ID is not, this search can be used to locate the case. The search is conducted by entering the ticket or warrant numbers being inspected in the "From" and "To" boxes provided for this purpose. If you already know the exact ticket or warrant number, and only wish to view a single case, you may leave the "To" box blank.

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 criminal or traffic 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. Be careful not to assume the presence of more cases than actually exist; most criminal cases start out with SU83 (Bond Hearing Court) case IDs, are transferred to Open Warrants ("OW") cases and are later transferred up to a General Sessions case ID. Thus, a name search that lists an SU83, OW10 and GS10 case for a single individual, has probably located a single case that has gone through two transfers. In addition, most searches result in the individual display of each count in a multiple-count case. It may at first appear that five cases have been located involving a single defendant, when in reality there is only one case involving five counts. The count number is displayed as part of the case ID, and is positioned at the far right of the ID.

To view more information about a case, simply click on the Case ID and you will be sent another page containing additional details of a specific criminal or traffic case. On this page, you will see buttons that will allow you to view all parties, docketed entries, and scheduled events in the case. A printed case "report" may be obtained by clicking a button on the case Docket Page.

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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How To Request Reports

Civil Case Reports

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". You may request a civil or criminal case report, or a jury list from this page.

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.

To specify a civil Case Number you will first need to select a case type and court location using the drop-down list box provided for this purpose.

Next, you must enter the year in which the case was filed. Common Pleas civil cases going back to 1988 are available on the database, as are Family Court cases back to 1992. Magistrates' civil and small claims cases have been available on the system since January 1, 1998.

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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Criminal Case Reports

To request a criminal case report, first click the Report options button on the Main Menu. You will be sent a page called the "Reports Menu". From this page you may request a criminal or civil case report, or a jury list.

If you wish to request a criminal 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 criminal 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.

If you are requesting a case report for a criminal or traffic case you must enter a criminal Case Number. First, select a case type and court location using the drop-down list box provided for this purpose.

Next, you must enter the year in which the case was filed. General Sessions, Open Warrants and many Magistrate's criminal and traffic cases going back to 1991 are available on the database.

Finally, enter a case number from 1 to 999999 in the "Case Number" box, and click the "Submit" button. If a case matching your request criteria cannot be located on the database, an appropriate message will be delivered to you.

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Jury Lists

To request a jury list, first click the Report options button on the Main Menu. You will be sent a page called the "Reports Menu". You may request a jury list, or a civil or criminal case report from this page.

First, enter the court for which you wish to obtain a jury list. A drop-down box is presented for this purpose, and it contains a list of courts for which you may request a jury report. You may select a jury list for the Court of Common Pleas, Court of General Sessions and any one of the Magistrate's Courts. Jury lists are not available for Grand Juries.

Next, enter the date on which a jury term is scheduled to begin. Jurors are generally selected for terms of court from between four and six weeks in advance, and terms generally begin on Mondays. Jury terms are never scheduled for Mondays which are holidays, so you should consult a calendar prior to requesting a jury list if you are not completely certain of the courts' jury term start dates.

Finally, click on the "Submit" button. If you have attempted to run a report for an invalid (unscheduled) jury term date, an appropriate message will be sent to you notifying you of the error.

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Glossary

"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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