Are South Carolina Court Records Public?
Title 30 Chapter 3 of the South Carolina Code of Laws, also known as the state's Freedom of Information Act, defines public records as all documentary materials, regardless of their physical form or characteristics, owned, prepared, in possession of, used, or retained by a public body. Per this law, which was enacted in 1978, South Carolina court records are considered public records, and members of the public have the right to inspect and copy them.
What Shows Up on a South Carolina Court Records Search
According to the South Carolina Freedom of Information Act (FOIA), South Carolina court records are generated during a judicial proceeding. The FOIA gives members of the public access to various government records, such as case information, judgment records, dockets, and court records. However, there are limitations to the disclosure of these records.
Court records provide extensive details of each court hearing, judgment, and document related to the case. They are important for preserving an accurate historical record of legal cases. They are used by judges, attorneys, members of the public, and legal scholars to understand the South Carolina legal system and make informed decisions.
A South Carolina court record search allows individuals access to government-owned court-related details for individual or legal purposes. South Carolina court records lookup services are operated by state-owned official repositories and custodians. These services offer inquirers access to many records, with a few exceptions. Members of the public can look up court records by using many different criteria, such as name, case number, date of birth, kind of court record, and county location.
How Do I Find Court Records in South Carolina?
The first step to take when obtaining court records in South Carolina is identifying the right court. South Carolina has two types of courts: Trial Courts and Appellate Courts. Trial Courts consist of Circuit, Family, Probate, Magistrate, and Municipal Courts, while the Appellate Courts consist of the state's Supreme Court and Court of Appeals. Any person wishing to find court records must identify the court where the case of interest was filed and heard.
The next step to take is to contact the appropriate record custodian. Appellate court records are maintained by the Clerk of the Supreme Court and the Clerk of the Court of Appeals, while the respective Clerks of Court maintain Trial Court records for the counties where the courts are located.
The Appellate Court Clerks of Court can be contacted using the information below:
Clerk of the Supreme Court
Supreme Court Building
1231 Gervais Street
Columbia, SC 29201
Phone: (803) 734-1080
Hours: 8:30 a.m. – 5:00 p.m., Mondays to Fridays
Clerk of the Court of Appeals
1220 Senate Street
Columbia, SC 29201
Phone: (803) 734-1890
Hours: 8:30 a.m. – 5:00 p.m., Mondays to Fridays
Individuals can obtain contact information for the Trial Court Clerks of Court from the state judicial system's online directory.
Before a court record can be accessed, the requester must provide certain information on the case. This information is necessary to aid the record custodian in speedily locating the requested records. It typically includes the names of the parties involved in the case or the case number. The requester may also be required to present a valid government-issued photo ID and pay any applicable fees before obtaining copies of these records. The fees charged for court records vary by county.
South Carolina Court Records Public Access
The South Carolina Judicial Branch also provides the public with online access to the trial and appellate court records through its Case Search and Search Opinions portals, respectively. Interested parties can access records through these portals by performing name-based or case number-based searches.
How to Conduct a South Carolina Court Record Search by Name
To conduct a South Carolina court record search by name, inquirers must visit the South Carolina Judicial Department's Public Index official website. On the website, choose between the county array and proceed to each county's case search page. On the page, the inquirer can search and court records by name. Here, they can input the full or partial name of any of the parties in the "Party Name" field. If the user has more details about a party-specific case, such as case type or case number, they can include them in their given fields. After that, click on the "Search" button, and the portal will generate a list of cases related to the queries provided. Each search result will display the case number, filing time and date, party names, essential details for the court hearing, and case type.
How to Get Court Records Online for Free
To get court records online for free, requesters may use the South Carolina Judicial Department's Public Index site or visit any county court and use its public terminals. The staff of the court where the case was heard is ready to assist members of the public in finding records of interest. It is worth noting that records that are classified, sealed, expunged, or classified under juvenile cases are not available remotely.
Some third-party websites provide low-cost methods of accessing court records online. These websites provide a more extensive set of information than the state-owned court records repositories. They also charge a very small fee for each page downloaded or viewed.
Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:
- The name of the person listed in the record. Juveniles are typically exempt from this search method.
- The last known or assumed location of the person listed in the record. This includes cities, counties, and states.
While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.
What Shows Up on South Carolina Judgment Records?
South Carolina judgment records are:
- Court documents detailing the court's determination of a lawsuit
- The specific issues adjudicated
- The remedies awarded or penalties imposed on case parties
The creation of a judicial record is the end of most cases in South Carolina unless the case continues via an appeal in a court of higher jurisdiction.
A judgment becomes official when the clerk of court files the judgment record into the court docket. This document also becomes public information per the South Carolina Freedom of Information Act. To obtain judgment records in South Carolina, find out the case identifying information, especially the case number and the names of the parties involved. Then, visit the clerk's office in person during business hours and submit an official request.
The court staff will require the case identifying information and payment of associated court fees before processing the request. Cash, money order, certified checks, and credit cards are acceptable payment options. Upon retrieving the case record, the court officer will make regular copies of the judgment record and hand them out to the requester. Regular copies suffice for most informational purposes, but certified copies of judgment records are also available upon request.
Are South Carolina Bankruptcy Records Public?
South Carolina bankruptcy records are open to the public. Such records provide public financial information about debtors who are unable to repay creditors. Filing for bankruptcy helps provide some financial relief for some debts. However, certain debts, such as government loans, school loans, and child support tax obligations, cannot be discharged by filing for bankruptcy. The most common bankruptcy filings in South Carolina are Chapter 7 and Chapter 13.
Records of legal proceedings and contracts in South Carolina can be found in county courthouses across the state. These documents include bankruptcy papers, judgments, writs, and South Carolina liens. Interested persons may query the appropriate office to request these records. However, they will be required to provide information to facilitate the search.
How to Find Bankruptcy Records in South Carolina
A requester can find a bankruptcy record in South Carolina through offline and online methods. Physically, the state of South Carolina has three different courts where individuals can check for bankruptcy records. Thus, a requester must first identify the court where the case was filed. There are no state laws relating to bankruptcy records in South Carolina, though the United States Bankruptcy Code gives the federal government full authority over the bankruptcy records in the country.
Also, users can access bankruptcy information in South Carolina by using the PACER platform, which holds extensive records of all legal cases in the United States of America. Thus, inquirers must create an account and log in to use the services of this platform.
Alternatively, the Clerk of Court's office located in the district where the bankruptcy case was submitted can also provide members of the public access to the bankruptcy case records. They must submit a written request and pay a minimal fee for copies of the records.
In addition, some bankruptcy case records may be inaccessible to the public, and some may not be available online. So, these records may be available offline or via the Clerk of County's office. As a solution, the requester may need to visit or contact the court where the case was heard.
Also, while searching for bankruptcy case records, an inquirer must provide some important details related to the case, such as the case number, case name, creditor and debitor's names, date of filing, and even the jurisdiction where it was submitted. In addition, copies of a case record must be verified before they're used as legal evidence. Thus, the reason for requesting the document must be clearly stated before it is given. Requesters will also need to pay additional fees for notarization and/or certification.
Can You Look Up Court Cases in South Carolina?
Yes, interested persons can look up court cases in South Carolina by contacting the Clerk of Courts in the county where the matter was heard. Note that the payment of a fee is usually required before requesters can obtain copies of court records. The South Carolina Judicial Branch also maintains a Case Record Search portal that provides the public with access to some court records free of charge. With this portal, interested parties can search for court records via several criteria that include case number, name, court type, and case type. Finally, South Carolina court records can also be accessed and obtained by employing a third-party website's services.
South Carolina Court Case Lookup Exemptions
Court records that are usually exempt from public disclosure include juvenile records, expunged records, divorce records, child custody records, and civil harassment cases.
There are instances of extremely high public interest in criminal cases. The judge may provide remote online access to criminal records depending on circumstances. Typically, inquirers will need to visit the courthouses where the cases were filed, and hearings took place. The following set of individuals can be allowed access to restricted court case records:
- Parties to a specific case.
- Legal aid staff
- Party attorneys such as legal secretaries, paralegals, interns, and other kinds of attorneys.
- Individuals authorized by a party. Though, this doesn't apply to cases like juvenile justice, electronic records of criminal cases, and child welfare. While the party to a case is not permitted to authorize unrestricted access to an electronic court record, their attorney is typically permitted to access the record.
- The presiding court establishes third parties
- Certain government officials are required to access court records while handling their duties. These include attorneys, government agencies, law enforcement officers, probation officers, judges, and court personnel
How to Find a Court Docket in South Carolina
A South Carolina court docket records all the events, filings, and proceedings in a particular case. The docket includes a chronological list of all the documents that have been filed in the case, such as pleadings, motions, orders, and judgments, as well as any other actions that have taken place, such as hearings and conferences.
The court clerk's office maintains the court docket, which is a public record. A docket is a useful tool for tracking the progress of a case and understanding what has happened in the case up to a certain point in time. Attorneys and litigants may use the docket to prepare for upcoming court appearances, track deadlines, and ensure that all necessary documents have been filed.
Types of Courts in South Carolina
There are various types of courts in South Carolina, each with a specific jurisdiction and purpose. The South Carolina Supreme Court has the highest authority and handles constitutional challenges and issues between state agencies. The three main courts in South Carolina are the Supreme Court, the Court of Appeals, and the Circuit Court.
In addition to these three main courts, there are several other unique courts in South Carolina, such as the Family Court, the Probate Court, the Magistrate Court, and the Municipal Court. The South Carolina Circuit Court handles both civil and criminal cases and appeals from lower courts. However, there are certain cases that may be transferred to the Court of Appeals. For instance, A party to a civil case may appeal a judgment entered by a Circuit Court judge in a breach of contract case if they believe there was a legal error in the judge's decision. Also, some cases from the Court of Appeals may be transferred to the South Carolina Supreme Court based on certain situations. If the South Carolina Court of Appeals hears a case that involves a significant question of state or federal constitutional law, the Supreme Court may decide to take up the case on appeal.
The Family Court handles disputes related to domestic relations, such as child custody, child support, divorce, child abuse, and juvenile delinquency. The South Carolina Magistrate Court handles criminal cases below $7500 and misdemeanor criminal cases. The Municipal Court handles traffic violation court cases and misdemeanors that happen within the city's jurisdiction. Then, the Probate Court handles matters relating to conservatorship, estates administration, and guardianship.
Civil vs Small Claims Courts in South Carolina: Understanding the Difference
The South Carolina Circuit Courts have general jurisdiction over all civil matters heard in the state. South Carolina Small Claims Courts, divisions of Magistrate Courts, also have limited jurisdiction over certain civil matters, including small claims cases where the amounts in controversy do not exceed $7,500.
The procedure for trying small claims cases in the Magistrate Courts is generally simpler, less expensive, and less formal than the other courts' proceedings in the South Carolina judicial system. In most cases, the parties involved do not need to have their attorneys present. However, it is advisable to seek appropriate legal advice before filing a small claims case.
