Understanding Civil Court Records in South Carolina

In South Carolina, civil court records are maintained by the state's judiciary. These records include documents filed or created during the adjudication of noncriminal disputes. According to South Carolina's Code, Title 30, Chapter 4, civil court records are all public. Unless a statute or court order provides otherwise, members of the public may inspect, copy, or receive electronic transmissions of these records.

Civil Court Record Statistics Reported by South Carolina Courts

South Carolina's Judicial Department reported 30,980 contract-type civil filings for the fiscal year 2024-2025. These included matters on debt collection and contract breaches in the state's Common Pleas Branch. The report also lists 32,395 Judgments/Settlement filings and 784 Administrative law relief matters. There were 11,679 Real Property filings, 13,788 Personal Injury filings, and 1,756 Appeals. Together, along with inmate petitions, special/complex issues, and professional malpractice cases, the state's courts recorded 93,817 civil action filings in the fiscal year.

How Civil Records Differ from Criminal Records in South Carolina

South Carolina civil court records differ from criminal records in the matters they pertain to. Civil court records contain documents and information related to non-criminal disputes, while criminal court records document cases involving criminal violations. The South Carolina Common Pleas Courts are the custodians of civil records, while the General Sessions Court maintains criminal records. The table below provides an overview of these differences:

Category	Civil Record	Criminal Record
Legal Focus	Private conflicts or liability claims	Addresses criminal violations
Case Titles	Individuals or entities suing each other	The state vs. the accused
Potential Outcome	Financial compensation, court orders, and custody arrangements	Sentences typically include fines, incarceration, or probation
Record Accessibility	Open to the public unless sealed per court order	Public, but with more confidentiality limitations
Standard of Proof	More likely than not	Guilt must be proven beyond a reasonable doubt

Structure of the Civil Court System in South Carolina

South Carolina's civil court system is considered part of the state's judicial branch, responsible for interpreting and upholding state laws. The state operates a unified court system comprising the Supreme Court, Court of Appeals, Circuit Courts, and lower Magistrate Courts.

In South Carolina, civil cases are filed in the trial courts of general jurisdiction, which follow civil procedures distinct from criminal practice, as promulgated by the South Carolina Supreme Court. The table below shows the different types of trial courts in SC and the types of civil cases they hear:

Court	Type of Civil Cases
Circuit Court (Court of Common Pleas)	These have general jurisdiction in all civil matters exclusively allocated elsewhere (S.C. Code § 14-5-310)
Family Court	Has exclusive jurisdiction over domestic or family cases, including adoption, alimony, marriage, divorce, termination of parental rights, legal separation, custody, visitation rights, support, division of marital property, and name change.
Probate Court	Jurisdiction over guardianships of incompetents, estates of deceased persons, conservatorships of estates of minors and incompetents. Probate courts also have concurrent jurisdiction with Circuit Courts over powers of attorney and exclusive jurisdiction over trusts.
Magistrate Court	Per S.C. Code § 22-3-10, they hear civil cases where the maximum amount in controversy is $7500

It is worth noting that magistrates' courts are not courts of record, and their civil jurisdiction is limited. On the other hand, the circuit court is the trial court of general jurisdiction for most matters, with appellate jurisdiction over lower courts. In South Carolina, civil cases follow the state's Rules of Civil Procedure.

Public Access to Civil Court Documents in South Carolina

Under the South Carolina Public Records Act, S.C. Code § 30-4-10 et seq., a natural person is authorized access to civil court records except as otherwise provided by law. The rules of public access to these records are further detailed in South Carolina Rule of Civil Procedure 41€‘1, which affirms the presumption of openness but allows the restriction of sensitive filings when justified.

A civil court record may be sealed or restricted when the motion to seal is granted under Rule 41-1; i.e., where a party can demonstrate good cause. A good cause may be shown when the document contains sensitive business data or the disclosure of the document's contents is deemed essential for personal or public safety.

Interested members of the public may search for South Carolina civil court records in three ways:

Online Searches

Record seekers may visit the state's official public index hosted by the South Carolina Judicial Branch for various counties. On the portal, inquirers may search for records of interest by party name, case number, attorney name, or the filing date of the document (depending on the county). Access is free for basic searches. However, some counties charge for downloads and typically require requestors to cover the cost of duplication or printing. However, cases or files that have been restricted from public disclosure will usually not appear in online searches. When they do, they may display limited information.

In-Person Searches

Inquirers query the clerk of the court office in the county where the civil case was filed to request these records. These offices typically allow for the inspection and copying of public court files, and office staff may assist with researching obscure documents. Alternatively, record seekers may utilize on-site public computer terminals at the county courthouse to view case dockets. In this case, however, they may only get docket entries rather than full documents.

Mail Requests

In South Carolina, County clerk offices typically process mail requests for civil court records heard by the county court. To request a record, inquirers must provide the custodian with information related to the record, including the names of the parties involved, the case number, the name of the attorney or legal representative, and the filing date of the document (if known).

Types of Civil Cases Filed in South Carolina Courts

In South Carolina, civil litigation covers a wide range of disputes governed primarily by Titles 14, 15, and 63 of the South Carolina Code of Laws. Most common civil disputes brought to SC courts are:

• Family law: These cases involve children and families, such as divorce, child support, termination of parental rights, and division of marital property, which are handled by Family Courts.
• Contract disputes involve a person suing another party due to a failure to perform, pay, deliver goods or services, or otherwise fulfill contractual obligations.
• Torts: These are claims arising from harm to a person (bodily injury), property damage, or other civil wrongs (negligence, intentional torts).
• Property disputes involve easements, boundary disputes, and title disputes.
• Landlord-tenant matters: These involve claims for possession of land, collection of rent, eviction, or damage to rental property.
• Probate and estates: Cases involving execution of wills, administration of estates, conservatorships/guardianships, trusts. These fall under the jurisdiction of the South Carolina Probate Court
• Small claims: Civil cases where the amount claimed does not exceed $7500.

All civil matters involving large amounts of compensation are handled by the South Carolina Circuit Court's Court of Common Pleas division, while the Magistrate's Courts handle smaller ones.

Information Captured in South Carolina Civil Court Files

Typical documents found in civil case files include complaints, summons, defendant counterclaims, motions, affidavits, and discovery materials. Other documents found in civil court files include orders, decrees, final judgments, exhibits, hearing notes, and court transcripts.

This information encompasses details that show how a case was filed, argued, and resolved. However, sensitive information may be redacted in accordance with Rule 41.2 and the state's administrative privacy directives.

Retention and Archiving of Civil Court Records in South Carolina

The preservation and archiving of civil court records in South Carolina are governed by the Records Management Policy of the South Carolina Judicial Department and the Records Retention Schedules issued by the South Carolina Department of Archives and History, as mandated by S.C. Code § 30-1-90.

Generally, small claims and other civil cases heard in Magistrates' Courts are kept for between 5 and 10 years before being transferred to state or county archives. On the other hand, family court and probate records are classified permanently under the state's judicial policy. In contrast, circuit court civil files are preserved for 10 years before being transferred to state or county archives.

References and Official Resources

The primary resources for accessing and managing South Carolina civil court records include;

• South Carolina Judicial Branch: This is the state-wide court system hub, including portals for case information and court administration
• Office of Court Administration: Administers the courts under the Chief Justice, including records policy and court operations
• County Clerk of Court Directory: A roster listing each county's elected clerk of court responsible for maintaining each county's civil court records
• Online Case Search System: The public access portal for viewing filed case records and docket information