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Chapter 1 - Magistrates Generally
Section 22-1-10. Appointment; term and territorial jurisdiction; training, certification or recertification requirement. - (A) The Governor, by and with the advice and consent...
Section 22-1-15. Magistrates presently serving. - (A) The provisions of Section 22-1-10(B) do not apply to...
Section 22-1-16. Trial observation requirement for new magistrates who are not attorneys. - (A) A magistrate whose initial appointment begins on or after...
Section 22-1-17. Continuing education. - (A) The South Carolina Court Administration is authorized to establish...
Section 22-1-19. Advisory council on magistrate eligibility, certification examination, and continuing education; membership. - An advisory council shall be established in order to make...
Section 22-1-20. Oath. - Before entering upon the discharge of the duties of his...
Section 22-1-25. Mandatory retirement age. - Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10)...
Section 22-1-30. Suspension, removal or non-reappointment. - (A) A magistrate may be suspended or removed by order...
Section 22-1-40. Appearance as attorney in case once before magistrate. - It shall be unlawful for any magistrate to appear as...
Section 22-1-50. Administering oaths; taking renunciations of dower. - Every magistrate shall have power to administer any oath authorized...
Section 22-1-60. Issuance of receipts for moneys collected. - All magistrates in this State shall issue receipts for all...
Section 22-1-70. Disposition of fines and penalties imposed and collected in criminal cases. - All fines and penalties imposed and collected by magistrates in...
Section 22-1-80. Books required and disposition thereof in case of death, resignation and the like. - Each magistrate shall keep two books, one for civil and...
Section 22-1-90. Monthly reports of moneys collected; treasurer's record. - Every magistrate shall, on the first Wednesday in each month...
Section 22-1-100. Monthly report of criminal cases in counties with cities of 50,000 and over. - Each magistrate within a county containing a city of fifty...
Section 22-1-110. Submission of dockets to governing bodies of counties. - Each magistrate shall submit his dockets quarterly to the governing...
Section 22-1-120. Exhibit of original papers required with bills of costs. - The governing bodies of the several counties of this State...
Section 22-1-130. Records of books delivered to magistrates by court clerks. - The clerks of the courts of the respective counties shall...
Section 22-1-140. Return of books received by magistrate from court clerk at expiration of magistrate's term. - Upon the expiration of the term of office of any...
Section 22-1-150. Bond required of magistrates. - No person shall be commissioned, nor shall he continue to...
Section 22-1-160. Bond required of magistrates' employees. - No person shall be employed by a magistrate when the...
Section 22-1-170. Attorney's fees awards. - A magistrate may award attorney's fees in the same manner...
Section 22-1-200. Magistrates shall report disposition of each criminal case. - (A) Magistrates shall report the disposition of each criminal case...
Chapter 2 - Selection Of Magistrates And Magistrates' Jury
Section 22-2-5. Eligibility examinations for magistrates. - (A) The South Carolina Court Administration, in cooperation with the...
Section 22-2-10. Screening committee to assist in selection of magistrates. - A senatorial delegation in determining the persons to be recommended...
Section 22-2-15. Special election for nonpartisan preferential selection of magistrate. - Notwithstanding the provisions of Section 22-2-10, in the event a...
Section 22-2-20. Establishment of jury areas for juries serving courts of magistrates. - The General Assembly shall establish jury areas from which juries...
Section 22-2-30. Assistance in establishing jury areas; legislative adoption of jury areas. - In establishing the jury areas, the chief magistrate for administration...
Section 22-2-40. Number and location of magistrates in county; ministerial magistrates. - (A) The General Assembly shall provide for the number and...
Section 22-2-50. Preparation of jury lists. - In October of each year, the State Election Commission must...
Section 22-2-60. Preparation and custody of jury box. - A constable or other person appointed by a magistrate shall,...
Section 22-2-70. Jury trials following improper preparation of jury box. - If it is determined that the jury box has not...
Section 22-2-80. Selection of jury list. - (A) In all cases except as provided in Section 22-2-90...
Section 22-2-85. Optional postponement of jury service for students. - If a student selected for jury service during the school...
Section 22-2-90. Additional procedure for selection of jury list in court which schedules terms for jury trials. - (A) In addition to the procedure for drawing a jury...
Section 22-2-100. Selection of primary and alternate jurors; peremptory challenges. - The names drawn pursuant to either Section 22-2-80 or Section...
Section 22-2-110. Time for exercise of peremptory challenges. - Parties shall exercise peremptory challenges in advance of the trial...
Section 22-2-120. Selection of additional jurors at time of trial. - If at the time set for the trial there are...
Section 22-2-130. Penalty for failure of duly summoned juror to appear; frequency of jury service. - If a juror duly summoned neglects or refuses to appear...
Section 22-2-135. Essential service to business excuse. - Upon furnishing an affidavit to the clerk of court requesting...
Section 22-2-140. Transfer of names between compartments of jury box. - After a jury has been drawn from Compartment A, the...
Section 22-2-150. Persons entitled to trial by jury. - Every person arrested and brought before a magistrate charged with...
Section 22-2-160. Compensation and mileage for service on coroner's and magistrate's juries. - Jurors serving in magistrate's court, and on coroner's juries shall...
Section 22-2-170. Trial of criminal cases in jury area where offense was committed; waiver of right by defendant. - Magistrates shall have jurisdiction throughout the county in which they...
Section 22-2-190. County jury areas. - The following jury areas for magistrates courts in the various...
Section 22-2-195. Authorization to draw magistrates' jurors by computer. - In lieu of the manner required by this chapter, jurors...
Section 22-2-200. Effect of accommodations tax revenue on number of magistrates. - The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10,...
Section 22-2-210. Increase in number of magistrates under certain conditions. - The number of magistrates in the counties below fifteen thousand...
Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts
Section 22-3-10. Concurrent civil jurisdiction. - Magistrates have concurrent civil jurisdiction in the following cases: (1)...
Section 22-3-20. Civil actions in which magistrate has no jurisdiction. - No magistrate shall have cognizance of a civil action: (1)...
Section 22-3-25. Interpleader actions. - (A) In compliance with Section 22-3-20(2) and Article 11 of...
Section 22-3-30. Counterclaim requiring transfer to court of common pleas. - When a counterclaim is filed which if successful would exceed...
Section 22-3-110 to 22-3-290. Omitted by 2008 Act No. 267, Section 1, eff June 4, 2008. - Editor's Note Former Section 22-3-110 was entitled "Forms of action,...
Section 22-3-300. Filing and docketing judgments of magistrates. - A magistrate, on the demand of a party in whose...
Section 22-3-310. Executions on magistrates' judgments; effect of appeal thereon. - Execution may be issued on a judgment heretofore or hereafter...
Section 22-3-320. Execution when judgment docketed. - If the judgment be docketed with the clerk of the...
Section 22-3-330. Courtesy summons. - Notwithstanding another provision of law, a person charged with any...
Section 22-3-340. Assessments on filings. - An assessment equal to twenty-five dollars is imposed on all...
Section 22-3-510. Criminal jurisdiction abolished in counties where county courts established. - The jurisdiction of magistrates in criminal cases in all counties...
Section 22-3-520. Jurisdiction limited to county. - Magistrates shall have and exercise within their respective counties all...
Section 22-3-530. Trial in district where offense committed. - In counties where magistrates are given separate and exclusive territorial...
Section 22-3-540. Exclusive and concurrent jurisdiction. - Magistrates shall have exclusive jurisdiction of all criminal cases in...
Section 22-3-545. Transfer of certain criminal cases from general sessions court. - (A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, a...
Section 22-3-546. Establishment of program for prosecution of first offense misdemeanor criminal domestic violence offenses. - A circuit solicitor, in a circuit with five or more...
Section 22-3-550. Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences. - (A) Magistrates have jurisdiction of all offenses which may be...
Section 22-3-560. Breaches of the peace. - Magistrates may punish breaches of the peace by a fine...
Section 22-3-570. Larceny by stealing property not exceeding certain value. - Magistrates have jurisdiction of petit larceny and all other larcenies...
Section 22-3-580. Receiving stolen goods. - Magistrates shall have jurisdiction of the offenses of buying, receiving...
Section 22-3-590. Obtaining property under false pretenses. - Magistrates shall have jurisdiction of the offenses of obtaining property...
Section 22-3-710. Proceedings commenced on information. - All proceedings before magistrates in criminal cases shall be commenced...
Section 22-3-720. Amendment of information. - The information may be amended at any time before trial....
Section 22-3-730. Proceedings are summary. - All proceedings before magistrates shall be summary or with only...
Section 22-3-740. Election on which of several offenses to try accused. - Whenever a person be accused of committing an act which...
Section 22-3-750. Procedure against corporations for violating criminal laws. - Whenever any person shall make an affidavit before any magistrate...
Section 22-3-760. Trial of corporation. - After the service the magistrate shall proceed with the trial...
Section 22-3-790. Recording and acknowledgement of testimony by witnesses. - In the trial of any case before a magistrate the...
Section 22-3-800. Suspension of imposition or execution of sentence in certain cases. - Notwithstanding the limitations of Sections 17-25-100 and 24-21-410, after a...
Section 22-3-910. Jurisdiction when magistrate becomes incapacitated. - In the event a magistrate who has separate and exclusive...
Section 22-3-920. Change of venue. - Whenever in a case in the court of a magistrate...
Section 22-3-930. Compelling attendance of witnesses and the giving of testimony. - Any magistrate, on the application of a party to a...
Section 22-3-940. Magistrates empowered to take testimony de bene esse. - In case it shall appear to the satisfaction of any...
Section 22-3-950. Power to punish for contempt. - Every magistrate shall have power to enforce the observance of...
Section 22-3-990. New trials. - Any magistrate may grant a new trial in any case...
Section 22-3-1000. Time for motion for new trial; appeal; exception. - (A) Except as provided in subsection (B), a motion for...
Section 22-3-1010. Itemized account of costs. - Any person, before paying any costs in any magistrate's court,...
Section 22-3-1110. Defense of questionable title in defendant's answer. - When the title to real property shall come in question...
Section 22-3-1120. Written undertaking by defendant in cases where title to real property will come in question. - At the time of answering the defendant shall deliver to...
Section 22-3-1130. Action discontinued upon delivery of undertaking; costs. - Upon the delivery of the undertaking to the magistrate the...
Section 22-3-1140. Procedure if undertaking not delivered. - If such an undertaking be not delivered to the magistrate...
Section 22-3-1150. Effect of plaintiff's showing developing an issue of title. - If, however, it appear on the trial from the plaintiff's...
Section 22-3-1160. Defense of questionable title as to one of several causes of action. - If, in an action before a magistrate, the plaintiff have...
Section 22-3-1170. New action in circuit court after discontinuance by delivery of answer and undertaking. - When a suit before a magistrate shall be discontinued by...
Section 22-3-1180. Costs in circuit court action. - If the judgment in the circuit court be for the...
Section 22-3-1310. Claiming immediate delivery of property by plaintiff. - The plaintiff in an action of claim and delivery before...
Section 22-3-1320. Affidavit of plaintiff in action of claim and delivery. - Before any process shall be issued in an action to...
Section 22-3-1330. Summons and notice of right to preseizure hearing in plaintiff's action of claim and delivery; order for seizure of property. - (a) On receipt of such affidavit and an undertaking in...
Section 22-3-1340. Defendant's exceptions to sureties in bond or undertaking. - The defendant may, at any time after such service and...
Section 22-3-1350. Purpose of preseizure hearing; allowing claim for immediate possession; action to be tried as others. - The purpose of the preseizure hearing is to protect the...
Section 22-3-1360. Notice and opportunity for preseizure hearing required; waiver. - No property shall be seized under the provisions of this...
Section 22-3-1370. Order restraining defendant from damaging, concealing or removing property. - The magistrate shall concurrently have served on the defendant, when...
Section 22-3-1380. Determination upon affidavit showing danger of destruction or concealment. - Upon a showing unto the magistrate supported by an affidavit...
Section 22-3-1390. Service of copy of affidavit of waiver or probability of damage or concealment. - If either an affidavit showing that the defendant has waived...
Section 22-3-1400. Procedure when defendant cannot be found. - If it shall appear by the return of a constable...
Section 22-3-1410. Service of copy of affidavit, summons and notice; taking of property by constable. - The constable to whom the affidavit, endorsement, notice of preseizure...
Section 22-3-1420. Taking property concealed in building or enclosure. - If the property, or any part thereof, be concealed in...
Section 22-3-1430. Care of property taken by constable. - When a constable shall have taken property as in this...
Section 22-3-1440. Return of property to defendant upon filing written undertaking for delivery if delivery be adjudged. - At any time before the return day of the summons...
Section 22-3-1450. Claim to taken property by third person. - If the property taken be claimed by any other person...
Section 22-3-1460. Judgment in actions for claim and delivery. - The judgment for the plaintiff may be for the possession,...
Section 22-3-1470. Execution on judgment. - An execution shall be issued on any such judgment and...
Section 22-3-1480. Judgment when property not delivered to plaintiff or when defendant claims return. - In all actions for the recovery of the possession of...
Chapter 5 - Magistrates' Powers And Duties In Criminal Matters
Section 22-5-10. Warrant to break open doors of gambling rooms. - Any magistrate residing in any incorporated city or town of...
Section 22-5-110. Arrest, examination and commitment or punishment; warrant; courtesy summons. - (A) Magistrates shall: (1) cause to be arrested all persons...
Section 22-5-115. Summons to appear; issuance; design and contents of form; tracking. - (A) Notwithstanding any other provision of law, a summary court...
Section 22-5-130. Magistrate as prosecutor when offense committed in his view. - Whenever there shall be an indictment for any offense committed...
Section 22-5-140. Arrests by magistrates to preserve the peace. - Any magistrate shall command all persons who, in his view,...
Section 22-5-150. Arrest of persons threatening breach of peace; trial or binding over. - Magistrates may cause to be arrested (a) all affrayers, rioters,...
Section 22-5-160. Appointment of special officer to arrest persons charged with offense above grade of misdemeanor. - Whenever a magistrate shall have issued a warrant for the...
Section 22-5-170. Duty of special officer appointed by magistrate. - Any person so selected shall forthwith proceed to execute the...
Section 22-5-180. Swearer of warrant precluded from serving it. - No magistrate shall deputize the person swearing out a warrant...
Section 22-5-190. Endorsement and execution of warrants issued in other counties or by municipal authorities. - (A) A magistrate may endorse a warrant issued by a...
Section 22-5-200. Disposition of persons arrested by deputy sheriffs without warrants. - When an arrest is made by a deputy sheriff without...
Section 22-5-210. Copy of arrest warrant to arrested person. - When any person is arrested in a criminal matter pursuant...
Section 22-5-310. Sitting as examining court in matters beyond magistrates' jurisdiction. - In criminal matters beyond their jurisdiction to try, magistrates shall...
Section 22-5-320. Defendant's demand for preliminary investigation; appearance by attorney. - Any magistrate who issues a warrant charging a crime beyond...
Section 22-5-330. Request for preliminary investigation when warrant for crime beyond jurisdiction issued by coroner. - In instances in which a warrant charging a crime beyond...
Section 22-5-340. Removal of hearing. - A defendant when first brought before a magistrate may demand...
Section 22-5-350. Return of papers pertaining to general sessions court; character of the papers. - All papers pertaining to the court of general sessions shall...
Section 22-5-360. Penalty for failing to hold preliminary examination. - If any magistrate fails to hold a preliminary examination or...
Section 22-5-510. Bail; bond hearing; conditions of release; information to be provided to court; contempt. - (A) Magistrates may admit to bail a person charged with...
Section 22-5-520. Amount of recognizance of accused. - If the offense charged be punishable with fine and imprisonment,...
Section 22-5-530. Deposits in lieu of recognizance; payment to jail or detention facility to secure immediate release. - (A) A person charged and to be tried before a...
Section 22-5-540. Return of papers to clerk of general sessions. - All magistrates before whom recognizances of witnesses, defendants or prosecutors...
Section 22-5-550. Arrest and committal of witness on refusal to enter into recognizance. - Upon information made of the materiality of any witness within...
Section 22-5-560. Arrest of witness on behalf of accused. - The accused shall, in felonies and in no other case,...
Section 22-5-570. Amount of recognizance of witness. - The recognizance of any prosecutor or witness, in a case...
Section 22-5-580. Statewide pretrial classification program; bail-setting; Department of Probation, Parole and Pardon Services to promulgate regulations; "point-total" system. - (A) A statewide pretrial classification program is established to bring...
Section 22-5-710. Warrants, preliminary examinations and commitment in counties where county courts exist. - Magistrates in counties in which a county court has been...
Section 22-5-720. Recognizances of witnesses. - Magistrates in counties in which a county court has been...
Section 22-5-910. Expungement of criminal records. - (A) Following a conviction for a crime carrying a penalty...
Section 22-5-920. Conviction as a youthful offender. - (A) As used in this section, "conviction" includes a guilty...
Section 22-5-930. Expungement; first offense drug convictions. - (A) Following a first offense conviction for either simple possession...
Chapter 7 - Fees And Costs Of Magistrates
Section 22-7-40. Receipt of certain compensation in criminal cases; penalty. - It shall be unlawful for any salaried magistrate in this...
Chapter 8 - Magistrates' Compensation
Section 22-8-10. Definitions. - As used in this chapter: (1) "Chief magistrate" means the...
Section 22-8-20. Judicial functions. - Magistrates are judicial officers, and the hours they spend in...
Section 22-8-30. Facilities and personnel; compensation of constables. - (A) Each county shall provide sufficient facilities and personnel for...
Section 22-8-40. Full-time and part-time magistrates; salaries. - (A) A county is not required to have a full-time...
Section 22-8-50. Redress of classification, reclassification or compensation actions by county governing body. - (A) A magistrate aggrieved by a ruling or action taken...
Chapter 9 - Constables
Section 22-9-10. Constables; appointment, term, and residence. - Constables shall reside in the county, city or township for...
Section 22-9-20. Certificate of qualification; bond. - When any person shall be elected or appointed to the...
Section 22-9-30. Oath. - Every constable shall, before receiving the certificate provided for in...
Section 22-9-40. Removal upon conviction by indictment. - Upon the conviction of any constable by indictment, the judge...
Section 22-9-50. Entitlement to act throughout county. - When not otherwise specially provided by law every qualified constable...
Section 22-9-60. Execution of orders of governing bodies; fees. - Constables shall execute all legal orders to them directed by...
Section 22-9-70. Attending circuit courts; service as officer of court; compensation. - All or so many of the constables of any county...
Section 22-9-80. Execution of process and return. - A constable shall faithfully and promptly: (1) Execute all processes...
Section 22-9-90. Service of process. - The service by a constable of all process in the...
Section 22-9-100. Return of execution. - Every constable with whom an execution is lodged for collection...
Section 22-9-110. Return when personalty is levied on or attached; advertisement of sale. - When a constable may levy an execution or serve an...
Section 22-9-120. Liability for neglect to enforce or return executions. - When any constable fails to do his duty in the...
Section 22-9-130. Liability for failure to pay over funds. - In default of paying over the amount of any debt...
Section 22-9-140. Penalty for failing to execute process of magistrate's court. - A constable appointed by a magistrate must execute, when required,...
Section 22-9-150. Constable's causing magistrate to default in returning recognizances or other papers. - In all cases in which magistrates shall fail to lodge...
Section 22-9-160. Oppression in office or other misconduct; liability in civil action. - For oppression in office, whether by undue personal violence, cruelty...
Section 22-9-170. Oppression in office or other misconduct; punishment. - For oppression in office, whether by undue personal violence, cruelty...
Section 22-9-180. Certain constables authorized to carry pistols. - Notwithstanding any other provision of law, magistrates' constables who have...
Section 22-9-190. Criminal justice training. - Notwithstanding any other provision of law, all full-time magistrates' constables...
Section 22-9-200. Promulgation of rules and regulations. - The Chief of the South Carolina Law Enforcement Division shall...
Section 22-9-210. Effect on constables' common law authority. - Nothing in Sections 22-9-180 to 22-9-210 shall have the effect...
Section 22-9-320. Deduction of certain payments to others from constable's salary. - In all counties of the State wherein magistrates are allowed...