Functions

• Court of Common Pleas
• Court of General Sessions
• Family Court

General Information

The Court of Common Pleas and General Sessions are the civil and criminal branches of the Circuit Court of South Carolina. Lancaster County forms the 6th Judicial Circuit of the state's 16 circuits. 43 circuit judges rotate among the 16 circuits. Circuit Court judges are elected by the General Assembly and serve 6 year terms.

The Family Court was established by statute in 1976 and follows the territorial boundaries of the 16 judicial circuits. The 49 Family Court judges rotate assignments within this circuit. Family Court judges are elected to four-year terms by the General Assembly.

The Court of Common Pleas is the court of general jurisdiction over civil cases in Lancaster County, excepting those cases in which the amount or value of property in dispute is less than $7,500. Cases involving money or property totaling less than $7,500 are heard in Small Claims Magistrates' Courts.

The Court of General Sessions is the court of general jurisdiction over criminal cases in Lancaster County, excepting most misdemeanor cases, which are usually adjudicated in the Magistrates' Courts.

Unlike the Courts of Common Pleas or General Sessions, many Family Court case records are considered confidential and may only be inspected with special permission. Cases involving juvenile delinquency, adoptions, termination of paternal rights, abuse and neglect and any other case in which the records are ordered sealed by the court, are completely confidential. Files for these types of cases may not be inspected, and the cases are not available for access through the Clerk of Court's Public Access system.

Frequently Asked Questions

Q: How do I file a criminal case?

If you feel like you are the victim of a crime, you should contact the nearest police department in your care.

Q: What is an "expungement"?

An expungement of record is a process by which the records of a criminal conviction are destroyed or sealed. This includes records in files, on computer, or in any other depositories. Following an expungement, it is as if the criminal case never existed.

When a case is expunged in Lancaster County, the court's computer records are modified so that all references to the defendant's name are removed from the record. Typically, an expunged case record will contain a reference such as "June 1998 Expungement" in place of the name of the defendant, and will contain no references to the defendant's name, address, or any other personal information such as driver's license number, age, etc. The case number is left on the system in order to provide an accounting of all case numbers, and so that caseload statistics can be properly gathered. (For example, the court would still need to know how many criminal cases of a certain nature were disposed in a given year, so the case number is left on the computer database. But because the case is expunged, it will not be possible to tell who the defendant was in the case.

Q: How do I know if I'm eligible for an expungement?

You may be eligible to have a criminal case record expunged IF:

• You have never had a charge expunged before, AND
• The charges against you were dismissed, "nolle prossed", or you were found "not guilty", OR
• The charges were dismissed by the Solicitor because the defendant successfully completed a Pre-Trial Intervention (PTI) program, OR
• You were convicted of a Fraudulent Check Law violation, and no criminal activity has taken place for one year following the date of the conviction, OR
• You were convicted of a first offense simple possession of marijuana, received a conditional discharge, and has successfully complied with the terms of that sentence, OR
• You were convicted of a first offense in a Magistrate's or Municipal Court and no other criminal activity has taken place within three years following the date of conviction.

Q: How do I get my criminal record expunged?

You will need to contact Sixth Judicial Circuit Solicitor's Office located in Lancaster, S.C.

Q: Does the Clerk of Court have a complete schedule of all Criminal cases coming up for trial?

No, the function of scheduling Criminal cases for trial is a function of the Solicitor's Office.

Frequently Asked Questions - Common Pleas

Q: What is the cost for filing a civil case?

Parties instituting a civil action in a circuit court are required to pay the filing fee at the time the case is filed. The current fee is $150 for most civil actions; a fee of $10.00 is assessed for the filing of a Lis Pendens.

Q: Are bankruptcy proceedings handled in the Court of Common Pleas?

Bankruptcy proceedings are an action of the U.S. Bankruptcy Court for the District of South Carolina. For more information you should contact the US District Court Clerk's office.

Q: Do I file Small Claims cases in your office?

Small Claims cases are filed with the County Magistrates Office located at 761 Lancaster Bypass E. The phone number is (803) 283-3983.

Q: When is a case a matter for "Small Claims", and when is it "Common Pleas"?

Generally speaking, when the amount or value of property in dispute is less than $7,500 the matter is filed and heard in Small Claims Court. When the amount or value of property is more than $7,500 the matter is filed and heard in the Court of Common Pleas.

Q: Do you provide case and judgment information to companies such as credit bureaus?

The Clerk of Court does not look up and give out case information to credit bureaus and other companies. While this information is available to the public, companies with an interest in obtaining such information must perform the research themselves.

Q: What is the Master-in-Equity Court? Can I have my case heard there? Is it faster?

Master-in-Equity Court provides a relatively quick and inexpensive means of litigation resolution for Civil, non-jury matters. Parties may not initiate action in the Master's Court, however. Only cases assigned by the Court of Common Pleas through an Order of Reference may be heard by the Master-in-Equity. The Master's Court hears most foreclosure cases, and a sizeable number of other civil, non-jury cases such as land partitions, judicial sales, and actions to collect on judgments. Any case which could otherwise be heard in the Court of Common Pleas without a jury can be referred to the Master, and anyone filing a civil case who waives the right to a jury trial can ask to have their case referred to Master-in-Equity Court.

Q: What if I want to appeal the outcome of a Common Pleas case?

Cases tried or otherwise disposed in the Court of Common Pleas in Lancaster County are appealed to the South Carolina Supreme Court. Appeals are filed with the Clerk of the State Supreme Court.

Q: Can you tell me how to appeal a case from another (lower) court?

The Court of Common Pleas handles appeals from Small Claims and other Magistrate's Courts, and some administrative agencies. It will be necessary for you to pay a filing fee at the time you file the appeal, if you are appealing a Civil case. Appeals on Civil cases are automatically scheduled as Non-Jury matters.

Q: How do I get a copy of my court records?

The Clerk of Court's Office maintains indices for civil and criminal case Files. All civil cases are indexed by plaintiff (person bringing suit) and defendant (person sued). All criminal cases are indexed by the defendant (the accused). Unlike the Circuit Court, where most records are available for public inspection, many Family Court records are considered confidential and may only be inspected with special permission. Juvenile delinquency, adoptions, terminated parental rights, abuse and neglect, and any other sealed records are all confidential.

Q: How is a juror selected?

Each year, the State Election Commission provides every county with a list of potential jurors. These names are collected from voter registration, driver's license and state identification card information. Jurors are chosen through random computer selection.

Q: I received a summons for jury duty. How can I get more information?

For additional information regarding jury service, contact Clerk of Court office at 285-1581

Common Terms

• Grand Jury -- A special jury charged with hearing evidence of felonies to determine whether there is sufficient evidence to return an indictment against the defendant and cause him or her to stand trial on the charges.
• Indictment -- A formal document issued by a grand jury accusing a defendant of a crime.
• Nolo Contendre - A plea by the defendant in a criminal prosecution that, without admitting guilt, subjects him or her to conviction.

Frequently Asked Questions - Family Court

Q: May I pay my child support through direct deposit?

No. We are not equipped to receive payments using direct deposit.

Q: May I pay my child support with credit card?

No. The only accepted means of payment are cash, money order, certified check, wage garnishment and personal check.

Q: Must I go to Family Court to make child support payments?

You may make your payment in person or mail it. Please remember to write the name of the person who is making the payment and include case number.

Frequently Asked Questions - General

Q: Can you give me legal advice?

No; the Family Court and Clerk of Court's office staff is not permitted to give legal advice. Persons seeking advice or acting as their own attorney's should consult the most recent edition of South Carolina Rules of Court and follow the Rules of Civil Procedure.

Q: Can you recommend an attorney or law firm?

No; the Family Court and the Clerk of Court's office staff is prohibited from referring you to an attorney.

Q: Can I act as my own attorney when filing a case?

Yes; You have the right to act as your own attorney, but our office cannot give you any advice as to the law or procedures.

Frequently Asked Questions - Fees

Q: What are the fees for the various Clerk Of Court services?

Here is a current fee schedule as of July 1, 2002

General Court Administrative Support Functions

The Clerk of Court provides administrative support to the Courts in the following manner:

• Process legal actions of a civil or criminal nature.
• Keeps and maintains case records, including records of judgments.
• Records transcripts of judgment from the Small Claims courts, and out-of-country judgments.
• Schedules civil Jury and Non-Jury trials, and maintains a schedule of other types of hearings.
• Collects and disburses money as ordered by the court.

The Clerk of Court also handles the following:

• Records military discharges (DD214) when filed by the discharged service member.
• Maintains records on the issuance of bonds for public improvements.
• Records signatures of Notary Publics.

Specific Clerk Of Court Functions

This Office Does:

• Process legal actions of a civil nature in which the demand or value of property involved exceeds $7,500 (Claims less than $7,500 see Central Court).
• Maintain the records of cases heard in the Court of Common Pleas, which involve civil disputes between two or more parties.
• Keep records of criminal cases heard in the Court of General Sessions.
• Maintain the records of Family Court which includes juvenile, domestic relations, child support, interstate custody, abuse and neglect, domestic abuse, adoption and Uniform Reciprocal Enforcement of Support Act cases.
• Schedule Civil Jury and Non-Jury trials.
• Keep records of judgments for the Court of Common Pleas
• Record military discharges when filed by the service member.
• Prepare and schedule hearing dockets for Family Court judges.
• Collect and disburse court-ordered monies.
• Maintain records of bond issues.
• Keep records of the articles of association and limited partnership.
• Provide copies of divorce decrees and maintain the records of divorce proceedings:
  • 1976 & earlier - Clerk's Office
  • 1977 & later - Family Court Office

This Office Does NOT:

• Give legal advice (For attorney information, call the S.C. Lawyers Referral Service at (800) 868-2284.
• Issue marriage licenses or maintain marriage records.
• Record land transactions (See Register of Deeds)
• Accept payment for traffic tickets.

Contact Information

Jeffrey Hammond - Clerk Of Court    E-Mail: Carol Williams - Deputy Clerk    E-Mail: Clerk of Court Court of Common Pleas Court of General Sessions 3888 Chester Highway Lancaster, SC 29720 803-285-1581	Mailing Address: P.O. Box 1809 Lancaster, SC 29720
Family Court 100 N. Catawba St. Lancaster, SC 29720 803-285-6961 Office Hours Monday-Friday 8:30 a.m.-5 p.m.	Mailing Address: P.O. Box 1809 Lancaster, SC 29720
Family Court closes at 1:00 p.m. and re-opens at 2:00 p.m. Automated Info Call System Phone # 803-285-3215 available 24 hours a day. You will need your case number available when you call. The case number and phone number is printed on the stub of each child support check.