Question 1. I have been served with a lawsuit, what should I do?
If you are served with a lawsuit, you must file a response with the Court within thirty (30) days of the date you are served with the lawsuit, except in some foreclosure proceedings that allow only twenty (20) days and some other cases that only allow 5 days. The amount of days you have to respond is specified on a sheet of paper attached to the lawsuit called a Summons. If you are served with papers from a court in a different state then the time may be less. You should contact an attorney immediately once you have been served.

Question 2. What are the different types of Courts?
State matters of a dollar value not exceeding $7,500.00 are heard in Magistrate's Court (sometimes called Small Claims Court). Other civil cases will be heard in the Court of Common Pleas (also referred to as Circuit Court) in the appropriate county. Federal matters and cases where the parties are from different states and over $75,000 is at stake may be filed in Federal Court.

Question 3. Can I defend myself in Court or must I hire an attorney?
A person may defend him/herself ("pro se") in any court. Magistrate's Court is generally geared for people who represent themselves should they so choose since the Rules of Procedure are relaxed in Magistrate's Court. In any Court other than Magistrate's, it is generally difficult to represent oneself because the Rules of Procedure are strictly enforced.

Question 4. I have received a Subpoena for a Deposition and/or a Request to Produce Documents. What do these mean?
Discovery is a broad legal term encompassing several rules of South Carolina Civil Procedure and is generally described as the means by which the respective parties can exchange information about their cases. Discovery can consist of several parts, including Production of Documents, Interrogatories, Admissions, and Depositions. Production of Documents allows the respective parties to learn in advance of trial what documents the other side has that may support or controvert their case. Interrogatories are questions requiring a sworn statement that the respective parties can ask each other to learn what the other side is likely to testify to in court. Request for Admissions is a procedure used by parties to identify certain facts which may or may not be in dispute. Depositions are a device whereby the respective parties can ask questions of the opposite party and/or any witnesses to the case concerning the knowledge they have relative to the case.

Question 5. I am involved in litigation and the opposing side has suggested ADR. What is that?
Alternative Dispute Resolution provides alternatives to the litigation process. The three primary methods of ADR include negotiation, mediation, and arbitration. In negotiation, the parties work directly with each other to resolve their dispute. Attorneys may or may not be involved. In mediation, a qualified person called a mediator assists the parties in resolving the dispute. The parties can either settle the matter in mediation or go forward with the litigation process. In arbitration, a qualified person makes a decision after the parties have presented their sides of the dispute. This decision can be binding or nonbinding

Question 6. I want to sue someone. How do I proceed?
See the following instructions for filing an action in Magistrate’s court. For all other cases, it is suggested you consider hiring an attorney to represent you. The Rules of Civil Procedure in South Carolina are very complicated and the Courts do not usually give lenience to people representing themselves outside Magistrate's Court.

INSTRUCTIONS FOR MAGISTRATE’S COURT
Please note that these instructions are intended as a guideline for filing an action in the Magistrate’s Courts in the State of South Carolina. As such, the information contained in these instructions is not legal advice and should not be taken as such. If you have questions regarding issues raised by these instructions you should consult with an attorney.
 

You may file a lawsuit in magistrate’s court to get the court to order the other party to pay you money for your losses. The maximum amount that you can sue for in magistrate’s court is $7,500.00. When you sue someone you will be the Plaintiff and the person you are suing is the Defendant.

The first step in the process is to find the right magistrate to file your case with. To do this you should find a magistrate in the county where the other party lives and ask them which magistrate in that county handles cases for the area where the Defendant lives. Once you have the right magistrate’s office, they may explain the process to you and assist you in filling out the forms for your Complaint if they determine such help is required. The Complaint puts the Defendant on notice that they are being sued, why they are being sued, and how much you are asking for. You will have to pay a filing fee to the magistrate’s office to file your Complaint. The amount of the filing fee will vary depending on which county you are filing your complaint. The sheriff will then deliver the papers to the Defendant, thus serving them with the Complaint. There is a nominal fee for this delivery.

Generally, the Defendant will have thirty (30) days after the date they are served to file an Answer with the magistrate. If the amount claimed is $25.00 or less, the Defendant has only five (5) days to file an Answer. The Answer is their written response to the allegations made in your Complaint, and will say why they do not believe they owe you the money. If the Defendant believes that you owe them money then they can Counter sue you. This means that they are suing you back and you will have to make a written response to the court within thirty (30) days. If the amount claimed by the Defendant is $25.00 or less, the Plaintiff has to respond within five (5) days.

If the Defendant fails to answer the Complaint within the specified time period then the judge will find in your favor and award you the damages requested. However, if the Defendant has answered or the Court has already set a hearing date then there will be a hearing before the magistrate. Either party may request a jury trial, but must do so at least five (5) days before the hearing. This will delay the time of the hearing until the next time jury trials are set, but may be worthwhile depending on the case.

The magistrate’s court hearing is the time for you to prove why the other person is liable to you and to prove the amount of damages that you have suffered. The Court can only award those damages which you have proved the Defendant is liable for by a preponderance of the evidence. This means that you will have to prove that your case is more likely true than not true. It is very important that you be prepared for your case because once the Magistrate issues an order you generally cannot sue on the same issues again.

The procedures in magistrate’s court are generally relaxed as are the rules of evidence, so that you should be able to present your case to the magistrate easily. In order to prove your case you need to present evidence to the magistrate that gives him reason to believe that what you are claiming is true. The first way evidence is presented is through testimony. Testimony consists of the statement you make under oath in court. You can testify to anything that you have personal knowledge of. You may also have witnesses testify as to those facts that they know. After your testimony or that of a witness, the Defendant or Magistrate may ask you questions which you have to answer under oath. This is called cross-examination. You will have the chance to cross-examine the defendant and his witnesses about their testimony if you desire.

Another way to present evidence is by documents. You should show to the magistrate any papers that would prove your case. This includes contracts, receipts, letters, diagrams, photographs, videotapes, or other items that show the truth of your case. Generally, the better documented your case is the stronger your chances of winning. You should always bring at least two copies of any documents that you have, one for the Magistrate and one for the opposing party.

Present all of the relevant evidence that you have. If there is something that the other party objects to, let them object and the Magistrate will decide whether it can be admitted or not.

Some Magistrate’s may ask you to make a closing statement, but usually they will not, so when you finish your testimony, you should tell the judge exactly what you want him to order and a summary of why you think you deserve it. Do not go back over your entire case but highlight the points that make your case.

Once the Magistrate makes his decision he will either issue an order for the defendant or a judgment for the Plaintiff. Once the Magistrate issues his order, either party can file for a motion for a new trial within five (5) days or can appeal the decision to the circuit court within thirty (30) days. If there is no appeal then the judgment is final and you may file your judgment with the Clerk of Court for the Circuit Court in any county where the Defendant lives or owns property. You can then ask the sheriff of that county to see if any of the Defendant’s property can be seized and sold to satisfy your judgment. Please note that not all property can be seized. If the sheriff cannot find any property and you believe the Defendant has non-exempt property that could be sold then you may have to take them back to court. At this point you should consult an attorney.

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