SCJD Summary Court Benchbook

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A.	The South Carolina Judicial System
	1	Judiciary
	2	The Courts
		a	The Supreme Court
		b	The Court of Appeals
		c	The Circuit Courts
		d	Masters-In-Equity
		e	The Family Courts
		f	The Magistrates' Court
		g	The Municipal Courts
		h	The Probate Courts
	3	South Carolina Court Administration
	4	The Clerk of Court
	5	The Prosecution
	6	The Defense

B.	The South Carolina Magistrate and Municipal Judge
	1	Appointment
	2	Qualifications
	3	Vacancies
	4	Disqualification and Discipline
	5	Retirement
	6	The Code of Judicial Conduct
	7	Fees and Costs
	8	Bonds
	9	Court Facilities and Accessibility
	10	Official Office Bank Account
	11	Record Keeping Procedures
		a	Generally
		b	Numbered Arrest Warrants
		c	Numbered Receipts
		d	Search Warrants
	12	Reports
		a	Reports of Monies
		b	Filing of Warrants and Related Papers with Clerk of Court
		c	Notice to Clerk of Court and Solicitor of Request for Preliminary Examination
		d	Return of Papers to Clerk of Court After Preliminary Examination
		e	Papers to Clerk of Court in Criminal Appeals
		f	Papers to Clerk of Court in Civil Appeals
		g	Report to the Department of Revenue
		h	Report to the Department of Public Safety
		i	Report to Election Commission
		j	Report to State Law Enforcement Division (SLED)
		k	Report to Commission on Continuing Legal Education
		l	Reports to Court Administration
			(1)	Bonds
			(2)	Bank Account(s)
			(3)	Criminal Cases Not Disposed
			(4)	Other Reports

C.	Sources of the Law
	1	The Constitution
	2	The South Carolina Code of Laws
	3	Case Law
	4	Local Law
	5	Rules of Court
	6	Attorney General's Opinions
	7	Administrative Procedures
	8	Website

D.	Provisions Applicable to Both Civil and Criminial Cases
	1	Change of Venue
	2	Disqualification
	3	Witnesses
		a	Compelling Attendance
		b	Compensation
	4	Testimony De Bene Esse
	5	Power to Punish for Contempt
	6	Jurors
		a	Failure to Respond to Summons
		b	Persons Who Are Exempt From Serving as Jurors
		c	Compensation
	7	New Trial
	8	Party Charged with Costs Entitled to Itemized Account
	9	Court Interpreters

E.	Instructions for Completing the Municipal Court Caseload Report
	1	Caseload Information by Category
	2	Caseload Information by Column
	3	Age of Pending State Criminal Cases
	4	Criminal Case More Than 60 Days Old
	5	General Report Instructions

F.	Uniform Recordkeeping and Information System
	1	Magistrates Disposed Traffic Docket
	2	Magistrates Pending Traffic Docket
	3	Magistrates Disposed Criminal Docket
	4	Magistrates Pending Criminal Docket
	5	Magistrates Disposed Civil Docket
	6	Magistrates Pending Civil Docket

A.	Introduction to Civil Law
	1	Introduction to Civil Law

B.	Magistrate Law in Civil Actions
	1	Jurisdiction
	2	Venue
	3	Statute of Limitation
	4	Parties
	5	Rules of Evidence

C.	Civil Procedure in Magistrates' Court
	1	The Pleadings
	2	Summons and Service Process
	3	Service of Process
	4	Time of Return by Defendant
	5	Offer of Judgment
	6	Demurrer to the Complaint
	7	Answering the Complaint
	8	Objection to Jurisdiction
	9	Setting the Trial Date
	10	Exhibition of Accounts
	11	Amendments to Pleadings
	12	Default Judgments and Dismissals
	13	Testimony De Bene Esse
	14	Continuances and Postponements
	15	Summary Judgment

D.	Non-Jury Trials
	1	Generally
	2	Defenses and Counterclaims
	3	Damages

E.	Trial by Jury
	1	Jury Selection
	2	Voir Dire
	3	Disqualification, Exemption, and Excuse of Jurors
	4	Disobedience to Summons
	5	Miscellaneous Jury Matters
	6	Preliminaries to Jury Trial
	7	Introductory Remarks
	8	Counterclaims
	9	Contempt

F.	Special Matters at Trial
	1	Variances Between Pleadings and Proof
	2	Sequestration of Witnesses
	3	Admissibility of Evidence
	4	Objections
	5	Jury Note-Taking
	6	Bench Conferences with Counsel
	7	Compelling Attendance of Witnesses
	8	Compensation of Witnesses
	9	Keeping of a Trial Record
	10	Directed Verdicts
	11	Final Instructions to the Jury
	12	Submission of the Case
	13	Mistrials
	14	Returning the Verdict

G.	Procedure After Verdict
	1	Filing of the Judgment
	2	Magistrates' Judgments Recorded in Circuit Court
	3	Costs
	4	Attorney's Fees
	5	New Trial
	6	Appeals
		a	Restriction of Action During Appeal
		b	Effecting the Appeal
		c	Service of Notice of Appeal
		d	Contents of Notice of Appeal
		e	Return by the Magistrate
		f	Offers of Revision and Allowance
		g	Judgment on Appeal

H.	Attachment
	1	Generally
	2	Time When Attachment May Be Sought
	3	Duration of Attachment
	4	Grounds for Attachment
	5	Property Subject to Attachment
	6	Attachment When Debt Not Yet Due
	7	Filing of the Affidavit
	8	Bond Undertaking
	9	Issuance of Warrant of Attachment
	10	Attachment Procedure
	11	Disposition of Attached Property
	12	Release of Attached Property

I.	Enforcement of Civil Judgments
	1	Generally
	2	Issuance of Execution
	3	Contents of the Execution
	4	Execution Against Property
	5	Execution for Delivery of Specific Property
	6	Execution Against the Person
	7	Return of the Execution

J.	Judicial Sales
	1	Generally
	2	Sales Conducted by Officer
	3	When Sales May Not Be Conducted
	4	Sales in Different Situations
		a	Seizure and Sale in Claim and Delivery Action
		b	Seizure and Sale in Distraint Actions
		c	Seizure and Sale on Executions
		d	Repair or Storage Liens

K.	Action of Claim and Delivery
	1	Jurisdiction and Venue
	2	Claiming Delivery
	3	Requirements
		a	Claim and Delivery Upon Showing of Danger of Destruction or Concealment
		b	Claim and Delivery Upon Showing of Waiver
		c	Claim and Delivery for Immediate Dispossession
		d	Claim and Delivery for Possession
	4	Actions for Immediate Seizure
	5	Actions for Later Seizure
	6	Filing for Affidavit
	7	Waiver of Right to Pre-seizure Hearing
	8	Affidavit of Danger of Destruction or Concealment
	9	The Bond Undertaking
	10	Notice of Right to a Hearing
	11	Order Restraining Damage or Concealment
	12	Summons
	13	Service of Papers
	14	Return of Property to Defendant After Seizure
	15	Judgment and Seizure
	16	Seizure of Property
	17	Notice of Right to Cure
	18	Claims of Third Parties
	19	Self-help by Owner

L.	Elements of Common Contract Actions
	1	Generally
	2	Parole Evidence Rule
	3	Defenses
	4	Uniform Commercial Code

M.	Elements of Common Tort Actions
	1	Generally

N.	Elements of Common Landlord-Tenant Problems
	1	Generally
	2	Jurisdiction of Magistrates
	3	Eviction or Ejectment
		a	Generally
		b	Commencing Ejectment
		c	Acrual of Rent
		d	Failure of Tenant to Appear
		e	Trial for Ejectment
		f	Appeal of the Verdict
	4	Collection of Rent by Distraint
		a	Commencement of Distraint Proceeding
		b	Service of Process
		c	Pre-Distress Hearing
		d	Enforcement of Distress Warrant
		e	As to Property Distrained
		f	Tenant May Give Bond
		g	Sale of Distrained Property
	5	Non-Landlord/Tenant Problems: Summary Ejectment of Trepassers

O.	Liens and Incumbrances
	1	Generally
	2	Jurisdiction
	3	Mechanics' Liens
		a	Generally
		b	Enforcement
		c	Initiation of the Lien Enforcement
		d	Judgment and Satisfaction
		e	Distribution of the Proceeds
		f	Prevention of Lien Attachment
		g	Priorities
	4	Agricultural Liens
	5	Repair or Storage Liens
	6	Animal Owners' Liens
	7	Uniform Commercial Code
		a	Generally
		b	The Statutory Lien vs. The Security Interest
		c	The Security Interest vs. The Subsequent Purchaser
	8	Criminal Penalties

P.	Protection From Domestic Abuse Act
	1	Protection From Domestic Abuse Act

Q.	Harassment and Stalking
	1	Issuance of Order With Notice of Hearing
	2	Issuance of Order Without Notice

R.	Interpleader Actions

A.	Introduction to Criminal Law
	1	Distinctions Between Civil and Criminal Law
	2	Substantive and Procedural Law

B.	Jurisdiction and Venue in Criminal Matters
	1	Jurisdiction
		a	Territorial Jurisdiction
		b	Subject Matter Jurisdiction
		c	Transfer Cases
		d	Exclusive Versus Concurrent Jurisdiction
	2	Venue
		a	Magistrate
		b	Municipal Judge

C.	Warrants
	1	Arrest Warrants
		a	Generally
		b	Arrest Without Warrant
		c	Arrest With a Warrant
		d	Drafting the Warrant
	2	Bench Warrants
	3	Fugitive Warrants
	4	Search Warrants
		a	Generally
		b	Search With a Warrant
		c	Exceptions to the Search Warrant Requirement
		d	Motions to Supress Evidence Obtained Through Search and Seizure

D.	Victims' Rights
	1	Written or Oral Victim Impact Statement
	2	Bond Hearings
	3	Preliminary Hearings
	4	Summary Court's Duty to Notify Victim of Victims' Rights
	5	Forms Victims Should Be Provided by Summary Court
	6	Pretrial Intervention Program (PTI)

E.	Bail Proceedings
	1	Authority of Magistrates and MunicipalJudges to Set Bail
	2	Victims' Rights at Bond Proceedings
	3	Conduct of Bail Proceedings
	4	Factors to Consider and Forms of Release
	5	Procedure for Posting Bail
	6	Duration of Bail
	7	Bond Estreatment
	8	Surety Relieved From Bond Obligation

F.	Preliminary Examinations
	1	Notice of Right to Preliminary Hearing
	2	Effect of Indictment on Request for Preliminary Examination
	3	Waiver of Right to Preliminary Examination
	4	Time in Which Request for Preliminary Examination Must Be Made
	5	Time When the Preliminary Hearing Must Be Held
	6	Purpose and Scope of Preliminary Examination
	7	Right to Counsel at Preliminary Examination
	8	Notice to Victim to Attend
	9	Procedure in a Preliminary Examination
	10	Closure of the Preliminary Examination

G.	Rights of the Defendant
	1	Outline
	2	Checklist for Magistrates and Municipal Judges
	3	Defense of Indigents Act
	4	Informing the Defendant of the Nature of the Complaint
	5	Right to Counsel
	6	Self-Incrimination/Right of Confrontation
	7	Right to Due Process
	8	Right to a Speedy and Public Trial

H.	Trial Procedure
	1	Different Types of Procedure
	2	Commencement of Proceedings - Warrant and Information
	3	Pre-Trial Intervention (PTI)
	4	Trial in Absentia
	5	Entering the Plea
		a	Jurisdiction
		b	Counsel
		c	Pleading
	6	Selection of the Jury
		a	Magistrate
		b	Municipal Court
	7	Voir Dire
	8	Taking Down and Preserving Testimony
		a	Magistrate
		b	Municipal Court
	9	Witnesses
	10	Conduct of the Trial
	11	The Court's Instructions to the Jury
		a	Separate Duties Performed by Judge and Jury
		b	Circumstantial Evidence
		c	Presumption of Innocence
		d	Reasonable Doubt
		e	Failure of Defendant to Testify
		f	Law of the Case
		g	Form of Verdict
	12	Jury Deliberation
	13	Sentencing
		a	General Sentencing Procedures
		b	Restitution
		c	Suspension of Sentences
		d	Revocation or Suspension of Driver’s License
		e	Offenses Requiring Revocation or Suspension of Driver's License
	14	Appeals
		a	Magistrate Courts
		b	Municipal Court
	15	Expungements

A.	Alcoholic Beverages
	1.	Alcohol - Distilleries, etc.
	2.	Beer, Wine, etc. - Persons Under Age 21
	3.	Beer, Wine, etc. - Tax Levy
	4.	Driving Under the Influence (DUI) of Intoxicating Liquors, etc.
	5.	Employment of a Person Under 21 in Liquor Business
	6.	Open Containers of Beer and Wine in Moving Vehicles
	7.	Purchase of Liquor by Person Under Age 21 or Misrepresentation of Age
	8.	Sale of Liquor to Persons Under Age of 21
	9.	Transporting with Broken Caps or Seals in Motor Vehicle
	10.	Unlawful Purchase of Alcoholic Liquor - Generally
	11.	Unlawful Sale or Manufacture of Liquor - Generally
	12.	Unlawful Storage or Possession of Alcoholic Liquors
	13.	Unlawful Storage or Transportation of Illegal Alcoholic Liquors

B.	Fraudulent Checks
	1.	Generally
	2.	Inapplicability of Statute
	3.	Prima Facie Evidence
	4.	Stopping Payment with Intend to Defraud
	5.	Instructions for Magistrates
	6.	Magistrates' Jurisdiction and Sentencing
	7.	Municipal Court Jurisdiction and Sentencing

C.	Offense Against Morality and Decency
	1.	Assualt with Intent to Commit Criminal Sexual Conduct
	2.	Bigamy
	3.	Criminal Sexual Conduct - First Degree
	4.	Criminal Sexual Conduct - Second Degree
	5.	Criminal Sexual Conduct - Third Degree
	6.	Criminal Sexual Conduct with a Minor – First Degree
	7.	Criminal Sexual Conduct with a Minor – Second Degree
	8.	Disseminating Harmful Material to Minors
	9.	Incest
	10.	Indecent Exposure
	11.	Lewd Act Upon a Child
	12.	Obscentity
	13.	Prostitution
	14.	Sexual Exploitation of Minor

D.	Offenses Against the Peace
	1.	Conspiracy Against Civil Rights
	2.	Destroying Records in Public Building
	3.	Failure to Stop for Law Enforcement Vehicle
	4.	Hindering Officers, Rescuing Prisoners
	5.	Riot
	6.	Riot, Rout, or Affray
	7.	Slander - Libel
	8.	Stink Bombs
	9.	Violations of Emergency Proclamation
	10.	Wearing Masks

E.	Offenses Against the Person
	1.	Accessory Before the Fact
	2.	Administering or Attempting to Administer Poison
	3.	"Simple" Assault and Battery
	4.	Assault and Battery of a High and Aggravated Nature
	5.	Assault and Battery on School Personnel
	6.	Assault and Battery with Intent to Kill
	7.	Assault of Home Healthcare Worker, Firefighter or Emergency Medical Service Provider
	8.	Assault or Intimidation on Account of Political Opinions or Exercise of Civil Rights
	9.	Threatening Life, Person, or Family of Public Official
	10.	Assault with Concealed Weapon
	11.	Child Endangerment in Motor Vehicle
	12.	Conspiracy to Kidnap
	13.	Employing Person Under 18 to Commit Certain Crimes
	14.	Failure to Remove Doors From Containers
	15.	Homicide By Child Abuse
	16.	Kidnapping
	17.	Killing by Poison
	18.	Lynching - First Degree
	19.	Lynching - Second Degree
	20.	Manslaughter (Voluntary)
	21.	Manslaughter (Involuntary)
	22.	Murder
	23.	Reckless Homicide
	24.	Felony DUI
	25.	Unlawful Conduct Towards Child
	26.	Criminal Domestic Violence
	27.	Violation of Terms and Conditions of an Order of Protection
	28.	Stalking and Harassment

F.	Offenses Against Property
	1	Altering Landmarks
	2	Arson - First Degree
	3	Arson - Second Degree
	4	Arson - Third Degree
	5	Attempted Arson
	6	Avoiding Payment of Telephone Services
	7	Bomb Threats/Conveying False Information Regarding Attempted Use of a Destructive Device
	8	Breach of Trust with Fraudulent Intent
	9	Breaking Into Automobiles, Tanks
	10	Burglary - First Degree
	11	Burglary - Second Degree
	12	Burglary - Third Degree
	13	Burning Crops, Etc
	14	Burning Lands of Another
	15	Burning to Defraud Insurer
	16	Carjacking
	17	Coloring or Sale of Animals or Birds
	18	Computer Crime
	19	Cutting, Removing, or Transporting Forest Products Without Consent; Fraudulently Acquiring Forest Products
	20	Damaging by Means of Explosive or Incendiary
	21	Damaging or Tampering With Vehicle
	22	Defrauding Hotel, Inn, Boardinghouse, Rooming House, Cafe, or Restaurant
	23	Driving Vehicle Through Planted Fields
	24	Dumping Litter On Private Or Public Property
	25	Embezzelement of Public Funds
	26	Entering Bank to Steal
	27	Entering House Without Breaking
	28	Entering Premises After Warning or Refusing to Leave on Request
	29	Entry on Another's Land After Notice
	30	Refusing to Leave Public Premises After Regular Hours
	31	Entry on Another's Land For Various Puposes Without Permission
	32	Failure to Return Rented Objects; Fraudulent Appropriation of Such
	33	Failure to Return Rented Video Cassette
	34	False Reports of Stolen or Converted Vehicles
	35	False Tokens or Letters
	36	Forgery
	37	Gasoline, Unlawful to Dispense Without Payment
	38	Grand Larceny
	39	Ill-Treatment of Animals
	40	Injury or Destruction of Buildings or Crops by Tenant
	41	Larceny of Bicycles
	42	Larceny of Livestock
	43	Malicious Injury to or Interference With Microwave, Radio or Television Facilities: Unauthorized Use of Such Facilities
	44	Malicious Injury to Place of Worship
	45	Malicious Injury to Animals and to Property
	46	Obtaining Signature or Property by False Pretense
	47	Parking on Private Property Without Permission
	48	Petit Larency
	49	Purse Snatching
	50	Receiving Stolen Goods
	51	Robbery on Trains
	52	Robbery - Operators or Vehicles for Hire
	53	Robbery While Armed With a Deadly Weapon
	54	Safecracking
	55	Shoplifting
	56	Stealing Dogs
	57	Swindling
	58	Tampering With Utility Meters
	59	Theft of Electric Current
	60	Tools for Criminal Use
	61	Train Robbery
	62	Trepass
	63	Trepass Upon Railroad Tracks
	64	Use of Vehicle Without Permission
	65	Wilful Sale of Property on Which Lien Exists
	66	Sale of Secured Property Without Consent

G.	Offenses Against Public Justice
	1	Acceptance of Bribes by Officers
	2	Acceptance of Bribe by Juror
	3	Acceptance of Extra Compensation
	4	Aiding Escape from Jail
	5	Aiding Escape from Officers
	6	Bribery of Witness in Criminal Cases
	7	Corrupting Jurors
	8	Influencing a Juror
	9	Misprison of Felony
	10	Offering Bribes
	11	Perjury and Subornation of Perjury
	12	Refusal or Failure to Obey Subpoena; Refusal to Take Oath orTestify
	13	Resisting Arrest or Service
	14	Threatening Judge, Juror or Witness
	15	Willful Failure to Appear in Compliance With Uniform Traffic Ticket

H.	Offenses Against Public Policy
	1	Blackmail
	2	Cockfighting
	3	Contributing To the Delinquency of a Minor
	4	Destruction or Desecration of Human Remains
	5	Disturbing Schools
	6	Impersonating Law-Enforcement Officer
	7	Interference With Fire and Police Alarm Boxes
	8	Peeping Tom - Eavesdropping
	9	Public Disorderly Conduct
	10	Scalping
	11	Unlawful Purchase or Transporation of Copper Wire or Pipe
	12	Unlawful to Transport Child Outside State to Violate Custody Order
	13	Unlawful Use of Telephone
	14	Voyeurism