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What
the Court Does
Q: I've seen the terms "Summary Court" and
"Magistrates' Courts". What's the difference?
These terms are used interchangeably to refer to courts which are
presided over by a Magistrate. The administrative support staff for
the Magistrates' Courts is always referred to as "Newberry
County Central Court Administration".
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Q: What kinds of civil cases are heard in Magistrates' Courts?
Magistrates hear several types of civil cases. The most familiar
is probably the Small Claims case. Small Claims cases are disputes
involving $7,500 or less (in money or value of property).
Magistrates' Courts also handle Evictions, Pre-Distress Warrants,
Claim and Delivery, Landlord/Tenant disputes, Public Sales on
Abandoned Property, and issue restraining orders.
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Q: Can I get a jury trial in Magistrates' Courts?
Yes, you are legally entitled to a jury trial IF YOU REQUEST ONE.
If you wish to make such a request, you should speak to the clerk in
charge at the Magistrates' Court where your case is being heard. The
judge will arrange for a trial date, and a six-member jury will be
selected for this purpose.
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Q: How do I file a criminal case?
Individuals do not file criminal charges. A criminal proceeding is
initiated by the government, usually through the Solicitor's Office
in coordination with a law enforcement agency. Allegations of
criminal behavior should be brought to local police, sheriff's
department, FBI, or other appropriate law enforcement agency.
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What the Court Does Not
Q: Does your office provide information pertaining to any of the following?
- Federal and State tax leins
- Records of land transactions
- Filing general partnership forms
The Magistrates' Courts in Newberry County do not handle any of
these records. For information regarding any of these items, you
should contact the Newberry
County Clerk of Court located in the Newberry County Court House
in downtown Newberry. The phone number is (803) 321-2110.
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Q: Can I make my child support payments at a Magistrates' Court?
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Q: Do I go to Magistrates' Courts for a marriage license?
Marriage licenses are not issued by Magistrates' Courts. You may
obtain a marriage license or receive information pertaining to
marriage licenses by contacting the Newberry County Probate Court,
located at the Newberry County Courthouse Annex, 1309 College Street,
Newberry,SC. The phone number is (803) 321-2118.
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Q: Can I register to vote at your office?
No. Voter registration in Newberry County is handled by the office
of Newberry County
Registration and Elections which may be reached at (803) 321-2121.
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Q: Can I pay my traffic ticket at your office?
Instructions telling you in which court you must appear are on the
copy of the ticket you received. If you have lost or misplaced your
ticket, you should contact us for assistance. The Newberry County
Magistrate's Offic does not have access to
Municipal Court records.
Therefore, please contact the appropriate Municipal Court if
your ticket was written by the police department of a local municipality.
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Rental and Property
Q: What is a Landlord/Tenant dispute?
A landlord/tenant dispute is generally filed by the tenant against
the landlord, for such issues as failure to maintain the rental
property, unlawful eviction, or other such complaint. There is a $30
filing fee for Landlord/tenant disputes.
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Q: How do I go about evicting a renter for non-payment of rent?
A landlord may file for eviction in Magistrates' Courts. You
should contact the Magistrates' Court nearest you for information
regarding jurisdiction; the court staff will help you in determining
which Magistrates' Court is the one in which you should file your
case. You may also obtain the proper forms from the Court. The entire
process is in two parts, and may take from 15 to 20 days to complete.
Application for eviction may only be made for one of three reasons:
It is important to note that you may not file for an Eviction
until the tenant is more than five days delinquent in paying their
rent (that is, on the sixth day following the day the rent was due).
In South Carolina, a verbal rental agreement is as valid as a written
contract, so it is not necessary to have a written lease agreement.
However, in situations where there is a written agreement, the terms
of the lease take precedence over the Landlord/Tenant act. In other
words, if you have a written agreement that gives your tenant fifteen
days in which to pay, you cannot file for eviction until the fifteen
days have passed.
A $30 filing fee is attached to the first application, which is
the Affidavit and Application of Ejectment and Rule To Show Cause.
This paper gives the tenant 10 days from the date of service to
settle with the landlord, move, or request a hearing to show cause
why s/he should not be evicted. If the tenant does not settle, move,
or request the Show Cause hearing at the end of this period, the
landlord should make the application for the second paper of the
eviction process, which is titled a Writ (or Warrant) Of Ejectment.
There is a second $10 filing fee required with this paper. The Court
prepares the paperwork and a constable will serve the tenant. This
second notice gives the tenant 5 days to settle or vacate. If the
tenant fails to respond after 5 days, the landlord may call the
court's office to schedule an eviction (put-out) date with the Constable.
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Q: What is a Claim and Delivery case?
A Claim and Delivery suit is filed when you wish to repossess
certain kinds of property. For example, a furniture rental company
may wish to repossess a sofa when the renter fails to make his/her
rental payments. Claim and Delivery suits are also commonly filed by
finance companies. There is a $55 filing fee for this type of case.
You may obtain the proper forms and pay the filing fee in the
Magistrates' Court for the area in which the property is located. If
you are unsure about which Magistrates' Court serves your area, call
any Magistrates' Court for information.
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