reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-260. Jurisdiction shall not be collaterally impeached.

The jurisdiction assumed by any probate court in any case, so far as it depends on the place of residence or the location of the estate, shall not be contested in any suit or proceeding whatever, except in an appeal from the probate court in the original case or when the want of jurisdiction appears on the record.
HISTORY: 1962 Code Section 15-446; 1952 Code Section 15-446; 1942 Code Section 221; 1932 Code Section 221; Civ. P. '22 Section 179; Civ. P. '12 Section 55; Civ. P. '02 Section 49; 1870 (14) Section 49.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-280. Commencement of proceedings; procedure.

Proceedings in the court of probate may be commenced by petition or complaint to the judge of probate for the county to which the jurisdiction of the subject matter belongs, briefly setting forth the facts or grounds of the application. A summons shall be issued to the defendants in such proceedings. The manner of service, time for answering and other proceedings relating to the trial, except trial by jury, shall conform as nearly as may be to the practice in the courts of common pleas as provided in this Code.
HISTORY: 1962 Code Section 15-448; 1952 Code Section 15-448; 1942 Code Section 237; 1932 Code Section 237; Civ. P. '22 Section 194; Civ. P. '12 Section 70; Civ. P. '02 Section 64; 1870 (14) Section 67.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-290. Court may issue warrants and processes.

Probate courts may issue all warrants and processes, in conformity to the rules of law, which may be necessary to compel the attendance of witnesses or to carry into effect any order, sentence or decree of such courts or the powers granted them by law.
HISTORY: 1962 Code Section 15-449; 1952 Code Section 15-449; 1942 Code Section 217; 1932 Code Section 217; Civ. P. '22 Section 175; Civ. P. '12 Section 51; Civ. P. '02 Section 45; 1870 (14) Section 45.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-300. Judge may administer oaths, and take depositions, affidavits, and other instruments; fees.

The judge of probate, while in office, may administer oaths and take depositions, affidavits and probate of deeds and other instruments as fully and effectually as is done by clerks of court and notaries public, and his fees therefor shall be the same as those allowed by law to other officers for similar services.
HISTORY: 1962 Code Section 15-450; 1952 Code Section 15-450; 1942 Code Section 3655; 1932 Code Section 3655; Civ. C. '22 Section 2197; Civ. C. '12 Section 1370; Civ. C. '02 Section 963; R. S. 833; 1884 (18) 730.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-310. Judge may punish for contempt.

The judge may keep order in court and punish any contempt of his authority in like manner as such contempt might be punished in the circuit or Supreme Court.
HISTORY: 1962 Code Section 15-451; 1952 Code Section 15-451; 1942 Code Section 239; 1932 Code Section 239; Civ. P. '22 Section 196; Civ. P. '12 Section 72; Civ. P. '02 Section 66; 1870 (14) Section 69.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-320. Power to commit to jail for refusal or neglect to perform order, sentence, or decree of court.

If any person shall refuse or neglect to perform any lawful order, sentence or decree of a probate court, such court may issue a warrant, directed to any sheriff or constable in the State, requiring him to apprehend and imprison such person in the common jail of the county or, if there be no jail in the county, then in the jail of the adjoining county, until he shall perform such order, sentence or decree or be delivered by due course of law.
HISTORY: 1962 Code Section 15-452; 1952 Code Section 15-452; 1942 Code Section 218; 1932 Code Section 218; Civ. P. '22 Section 176; Civ. P. '12 Section 52; Civ. P. '02 Section 46; 1870 (14) Section 46.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-330. Taking and use of deposition.

When a witness whose testimony is necessary to be used before any probate court shall reside out of this State or out of the county where the court is held or more than thirty miles from the county seat, or when by reason of age or bodily infirmity any such witness shall be unable to attend in person, the court may issue a commission to one or more competent persons to take the testimony of such witness. Depositions taken according to the provisions of the law for taking depositions to be used on the trial of civil causes may be used on the trial of any question before the probate court when such testimony may be proper.
HISTORY: 1962 Code Section 15-453; 1952 Code Section 15-453; 1942 Code Section 219; 1932 Code Section 219; Civ. P. '22 Section 177; Civ. P. '12 Section 53; Civ. P. '02 Section 47; 1870 (14) Section 47.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-340. Guardianship proceedings to be held in court of county where guardian was appointed.

All proceedings in relation to the property or estate of any person under guardianship shall be had in the court of probate of the county in which the guardian was appointed.
HISTORY: 1962 Code Section 15-455; 1952 Code Section 15-455; 1942 Code Section 214; 1932 Code Section 214; Civ. P. '22 Section 172; Civ. P. '12 Section 48; Civ. P. '02 Section 42; 1870 (14) Section 42.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-360. Enrollment of order or decree for payment of money.

Any party in whose favor an order or decree for the payment of money may be made by a court of probate may cause such order or decree to be enrolled at any time within one year after the making of the same and for that purpose shall prepare and deliver to the judge of probate a brief or abstract, setting forth the title of the proceedings wherein such order or decree was made, the parties thereto, the date when the same was made and the names of the parties bound thereby, together with such other particulars as may be necessary to identify the order with the proceedings and to exhibit the grounds for making the same and the operation and effect thereof. The judge of probate shall annex thereto the order or decree or an exact copy thereof, certified by him, together with the time when the same was made and entered, shall endorse on the record the day of the month and year when the brief or abstract was lodged in his office and shall deposit the same in a case in his office with the records pertaining to the cause.
HISTORY: 1962 Code Section 15-462; 1952 Code Section 15-462; 1942 Code Section 240; 1932 Code Section 240; Civ. P. '22 Section 197; Civ. P. '12 Section 73; Civ. P. '02 Section 67; 1878 (16) 710.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-370. Order or decree as a lien or a judgment.

No order or decree of any court of probate for the payment of money shall, as to third persons, without express notice, have any effect as a lien on the real estate of the person intended to be bound thereby but from the day when such a brief or abstract shall have been delivered to or lodged with the judge of probate as aforesaid and a transcript of the docket thereof in the index of money decrees as herein prescribed has been filed in the office of the clerk of the court of common pleas for the same county and duly entered by the clerk on the calendar of judgments kept in his office. Nor shall such order or decree rank as a judgment against the estate of any person deceased unless such abstract was duly filed and indexed and a transcript of the entry in the index filed with the clerk of the circuit court for the same county and duly docketed by the clerk on the calendar of judgments of the court of common pleas before the death of such deceased person. After the transcript of the docket in the index of money decrees has been duly entered upon the calendar of judgments kept in the office of the clerk of the court of common pleas such order or decree shall have like force and effect as judgments of the courts of common pleas.
HISTORY: 1962 Code Section 15-463; 1952 Code Section 15-463; 1942 Code Section 240; 1932 Code Section 240; Civ. P. '22 Section 197; Civ. P. '12 Section 73; Civ. P. '02 Section 67; 1878 (16) 710.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-380. Effect of enrollment on appeal; execution of order or decree after notice of appeal; when enrollment must be amended or vacated.

Such enrollment of any order or decree for the payment of money shall not deprive any party thereto of the right to appeal therefrom, and when notice of such appeal shall be duly given, execution upon the order or decree, issued as herein provided, shall be lodged to bind only and shall not be enforced until such appeal shall have been dismissed. If such order or decree shall be reversed, set aside or modified on appeal, the enrollment thereof shall be amended or wholly vacated accordingly.
HISTORY: 1962 Code Section 15-464; 1952 Code Section 15-464; 1942 Code Section 240; 1932 Code Section 240; Civ. P. '22 Section 197; Civ. P. '12 Section 73; Civ. P. '02 Section 67; 1878 (16) 710.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-390. Index of enrolled money decrees.

Every judge of probate shall provide and keep in his office an index of money decrees, in which every enrolled order or decree for the payment of money shall be entered, with the names of every party or estate bound thereby, alphabetically arranged, together with the names of the parties plaintiff, and which, beside the title of the package in which the order or decree is contained and the number in the package, shall exhibit the amount ordered to be paid, the costs (if any), date of enrollment, date of execution and date of satisfaction when satisfaction has been entered. Such book shall be of convenient size, of durable paper and well bound, and the expense of providing the same shall be defrayed by the governing bodies of the respective counties.
HISTORY: 1962 Code Section 15-465; 1952 Code Section 15-465; 1942 Code Section 241; 1932 Code Section 241; Civ. P. '22 Section 198; Civ. P. '12 Section 74; Civ. P. '02 Section 68; 1878 (16) 711.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-400. Judges may issue executions.

Judges of the probate court may issue executions against property, when such process is necessary to carry into effect any order, sentence or decree of such court or for costs accruing therein. And they may issue executions against property in their respective counties to enforce decrees from the probate courts of other counties upon a transcript of such decree and certificate of enrollment of the same being filed in the office of the probate court from which such execution is to issue and also in the office of the clerk of the court of common pleas for the county in which it is to issue.
HISTORY: 1962 Code Section 15-466; 1952 Code Section 15-466; 1942 Code Section 242; 1932 Code Section 242; Civ. P. '22 Section 199; Civ. P. '12 Section 75; Civ. P. '02 Section 69; 1870 (14) Section 71; 1872 (15) 23; 1878 (16) 458.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-410. Prerequisites to issuance of executions.

No execution shall be issued by any judge of probate to enforce the collection of money under any order or decree of a court of probate until an abstract or brief has been prepared and filed according to the direction of Sections 14-23-360 and 14-23-370, the proper minute thereof has been entered in the index of money decrees and the proper transcript of such minute has been filed in the office of the clerk of the circuit court for such county and entered upon the calendar of judgments of the court of common pleas kept in his office.
HISTORY: 1962 Code Section 15-467; 1952 Code Section 15-467; 1942 Code Section 242; 1932 Code Section 242; Civ. P. '22 Section 199; Civ. P. '12 Section 75; Civ. P. '02 Section 69; 1870 (14) Section 71; 1872 (15) 23; 1878 (16) 458.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-420. Recording satisfaction of execution.

When any such execution has been duly returned satisfied to the office of the judge of probate from whence it issued, the judge of such court of probate shall have such satisfaction recorded upon the proper transcript in the office of the clerk of the circuit court and entered upon the docket thereof on the calendar of judgments of the court of common pleas kept in said clerk's office.
HISTORY: 1962 Code Section 15-468; 1952 Code Section 15-468; 1942 Code Section 242; 1932 Code Section 242; Civ. P. '22 Section 199; Civ. P. '12 Section 75; Civ. P. '02 Section 69; 1870 (14) Section 71; 1872 (15) 23; 1878 (16) 458.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-430. Form of warrant or process.

When no form of warrant or process is prescribed by statute or rules of court the probate judge shall frame one in conformity to the rules of law and the usual course of proceedings in this State.
HISTORY: 1962 Code Section 15-469; 1952 Code Section 15-469; 1942 Code Section 242; 1932 Code Section 242; Civ. P. '22 Section 199; Civ. P. '12 Section 75; Civ. P. '02 Section 69; 1870 (14) Section 71; 1872 (15) 23; 1878 (16) 458.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-440. Sheriff or constable shall execute orders or process.

Any sheriff or constable in this State shall execute the orders or process of such court in the same manner as the orders or process of the circuit or Supreme Courts.
HISTORY: 1962 Code Section 15-470; 1952 Code Section 15-470; 1942 Code Section 242; 1932 Code Section 242; Civ. P. '22 Section 199; Civ. P. '12 Section 75; Civ. P. '02 Section 69; 1870 (14) Section 71; 1872 (15) 23; 1878 (16) 458.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-620. Judge shall make search and furnish copies of records; certification; fees.

The judge of probate, when applied to, shall search for and examine any book, record or paper belonging to his office, shall furnish any person wanting the same with a copy or copies of any part thereof or of the whole or any part of any proceedings touching any estate in his care or custody as judge of probate aforesaid and shall certify the same. For such services he shall be allowed a fee at the rate of nine cents for each copy sheet of ninety words the copy furnished may contain and fifty cents for every certificate he shall so give.
HISTORY: 1962 Code Section 15-482; 1952 Code Section 15-482; 1942 Code Section 3646; 1932 Code Section 3646; Civ. C. '22 Section 2189; Civ. C. '12 Section 1365; Civ. C. '02 Section 958; G. S. 774; R. S. 828; 1839 (11) 63 Section 23; 1931 (37) 14.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-660. Manner of filing papers; index.

In filing papers in the judge of probate's office the case shall be divided into convenient apartments, which shall be numbered from one forward. The papers relating to the same estate shall be wrapped in an envelope as a package, shall bear a number and shall be endorsed in the name of the estate. A convenient number of packages shall be embraced in a strong envelope and constitute a bundle, bearing the number of the apartment of the case containing it. A complete alphabetical index shall be constructed with reference to the surname of the deceased person to whose estate the papers relate and of the executors and administrators. Opposite each name in such index shall be two columns, the one expressing the number of the apartment where the bundle is to be found and the other expressing the number of the package in such bundle which contains the papers relating to the estate named in the index.
HISTORY: 1962 Code Section 15-488; 1952 Code Section 15-488; 1942 Code Section 3650; 1932 Code Section 3650; Civ. C. '22 Section 2192; Civ. C. '12 Section 1368; Civ. C. '02 Section 961; G. S. 777; R. S. 831; 1839 (11) 69 Section 36.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-670. Clerk shall file account of money remaining in court.

At each stated session of the probate court the clerk thereof shall present an account to the court of all moneys remaining therein or subject to the order thereof, stating particularly on account of what cause or causes such moneys are deposited. Such account and the vouchers thereof shall be filed in court.
HISTORY: 1962 Code Section 15-489; 1952 Code Section 15-489; 1942 Code Section 3654; 1932 Code Section 3654; Civ. C. '22 Section 2196; Civ. C. '12 Section 1369; Civ. C. '02 Section 962; G. S. 778; R. S. 832; 1868 (14) 17 Section 13.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-680. Judge responsible for books, papers, and property of office; transfer to successor; violations.

Every judge of probate shall be responsible for the books and papers and also for the furniture in his office. Upon his retiring from office or upon his death, he or his representatives shall be bound to transfer the same to his successor immediately after such successor shall have entered upon the duties of the office, under a penalty of one thousand dollars, to be recovered by indictment, and of imprisonment not exceeding one year.
HISTORY: 1962 Code Section 15-490; 1952 Code Section 15-490; 1942 Code Sections 1524, 3656; 1932 Code Sections 1524, 3656; Civ. C. '22 Section 2198; Cr. C. '22 Section 471; Civ. C. '12 Section 1371; Cr. C. '12 Section 544; Civ. C. '02 Section 964; Cr. C. '02 Section 387; G. S. 457, 779; R. S. 304, 834; 1839 (11) 70 Section 37; 1874 (15) 674; 1885 (19) 158.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-690. Successor to issue receipt for books, papers, and property of retiring judge.

Before surrendering such books, papers and furniture the retiring judge of probate, or his representatives, shall be entitled to require a receipt therefor from such successor. Such receipt shall specify the number and title of every book and the number and description of every article of furniture, together with the order and condition of the books, papers and furniture. A duplicate of such receipt shall also be given, and shall by the retiring judge of probate or his representatives, be filed in the office of the clerk of the court of the county.
HISTORY: 1962 Code Section 15-491; 1952 Code Section 15-491; 1942 Code Section 3656; 1932 Code Section 3656; Civ. C. '22 Section 2198; Civ. C. '12 Section 1371; Civ. C. '02 Section 964; G. S. 779; R. S. 834; 1839 (11) 70 Section 37.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-700. Liability of retiring judge or representative for failure to account; appropriation of damages.

Every judge of probate retiring from office, or his representatives, shall be liable to an action, in the name of his successor, for damages for any books, papers or furniture proved to have been in his possession but not appearing by such receipt to have been transferred to his successor. Such damages, when recovered, shall be appropriated to the replacing of such books, papers or furniture or to the benefit of the parties who may have been injured by the loss thereof and an order for appropriating such damages shall be made by the court before which such action may be tried.
HISTORY: 1962 Code Section 15-492; 1952 Code Section 15-492; 1942 Code Section 3656; 1932 Code Section 3656; Civ. C. '22 Section 2198; Civ. C. '12 Section 1371; Civ. C. '02 Section 964; G. S. 779; R. S. 834; 1839 (11) 70 Section 37.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-710. Authority to make investments and loans; interest notes.

Any judge of probate may invest in, or lend money on the security of: Federal farm loan bonds issued by Federal land banks pursuant to the Federal Farm Loan Act as amended; bonds issued by the Federal Farm Mortgage Corporation pursuant to the provisions of an act of Congress known as the "Federal Farm Mortgage Corporation Act"; Federal Intermediate Credit Bank debentures issued pursuant to the Federal Farm Loan Act as amended; and debentures issued by Central Bank for Cooperatives and regional banks for cooperatives, organized under the Farm Credit Act of 1933, and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to authorities contained in the Farm Credit Act of 1971 (Public Law 92-181) or by any of such banks. A judge of probate making an investment or loan authorized by this section shall not be chargeable in his account for a greater rate of interest than the amount actually received on the investment or loan.
HISTORY: 1962 Code Section 15-493; 1952 Code Sections 8-237, 37-149.1; 1942 Code Section 9049; 1932 Code Section 9049; Civ. C. '22 Section 5461; 1918 (30) 763; 1919 (31) 133; 1934 (38) 1493; 1952 (47) 1893; 1955 (49) 152; 1973 (58) 335.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1010. Establishment.

There is established in each of the counties of this State a probate court, which must be located at the county seat and must be open for the transaction of its business at all reasonable hours. The probate court of each county is part of the unified judicial system of this State.
HISTORY: 1976 Act No. 690 Art. V Section 1; 1986 Act No. 539, Section 3(1)(H), eff July 1, 1987.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1020. Election and term of judges; filling of vacancies.

There shall be a judge of probate for each probate court. The probate judge of each county holding office on June 30, 1976, shall continue to be such judge of probate until the expiration of his term of office at which time his successor shall be selected as provided by law for a term of four years and until his successor is elected and qualifies. Except as otherwise provided by this section, any vacancy in the office of probate judge shall be filled as provided by law.
HISTORY: 1976 Act No. 690 Art. V Section 2.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1030. Associate judges.

In addition to the judge of probate, there shall be one or more associate judges of probate in any county whose governing body appropriates the funds therefor. Associate judges of probate shall be appointed by the judge of probate to serve at his pleasure for a term coterminous with his term. The associate judges have jurisdiction to hear and decide all matters assigned to them by the judge which are within the jurisdiction of the court. The judge is accountable and responsible for all acts of his associates within the scope of their duties.
HISTORY: 1976 Act No. 690 Art. V Section 3; 1983 Act No. 98, eff June 9, 1983.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1040. Only qualified county electors eligible to office of judge or associate judge.

No person is eligible to hold the office of judge of probate who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.
HISTORY: 1976 Act No. 690 Art. V Section 4; 1988 Act No. 678, Part IV, Section 3, eff January 1, 1989.
Editor's Note
NOTE: The provision of Section 14-23-1040 requiring a four-year college degree or four years' experience as an employee in a probate judge's office in the State in order to serve as a probate judge has not been precleared by the U.S. Department of Justice and cannot be put into effect. See Section 5 of the Voting Rights Act of 1965, as amended.
1988 Act No. 678, Part II, Section 4, provides as follows:
Section 14-23-1040 of the 1976 Code does not apply to probate judges presently holding office upon January 1, 1989.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1050. Bond.

Each judge of probate and associate probate judge shall, before assuming the duties of that office, enter into bond in the sum of one hundred thousand dollars conditioned for the faithful performance of the duties of such office, which bond shall be executed and filed as prescribed in Chapter 3 of Title 8 of the 1976 Code.
HISTORY: 1976 Act No. 690 Art. V Section 5; 1995 Act No. 15, Section 2, eff April 4, 1995.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1070. Appointment of deputies; powers.

Each judge of probate may from time to time appoint a deputy to act in his stead during his temporary absence, and in evidence of such appointment shall issue an order which shall be filed and recorded as herein provided. Each deputy so appointed shall have power, during the temporary absence of the judge of probate, to perform all the duties of his office; and all such acts, judgments, decrees, orders and licenses shall be done and issued in the name of the judge of probate by his deputy and when so done and issued shall have the same force and effect in law as if done and issued by the judge of probate. The judge of probate shall be accountable and responsible for all acts of his deputy within the scope of his duties, and may, at his pleasure, by order, remove any such deputy. All orders appointing or removing such deputy shall be recorded and indexed in the office of the judge of probate in a book to be kept for that purpose, available for public inspection.
HISTORY: 1976 Act No. 690 Art. V Section 7.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1080. Judges shall not sit in certain cases.

No judge or associate judge shall sit in any case in which he has a vested interest, or in which he is biased or prejudiced in favor of or against any interested party, or in which he has been counsel or a material witness, or in the determination of any cause or proceeding in the administration or settlement of any estate under a will that he has prepared, or of any estate of any person in which he is interested as heir, legatee, executor, administrator, guardian or trustee. In every such case the Chief Justice of the Supreme Court shall appoint a special judge to sit in the matter.
HISTORY: 1976 Act No. 690 Art. V Section 8.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1100. Duties of clerk.

The clerk shall keep a true and fair record of each order, sentence, decree and license issued by the court, and of all other things proper to be recorded. He shall also give true and attested copies of instruments, documents and records of the court. He may execute and issue in the name of the judge of probate the following: certificates of the appointment and qualification of administrators, executors, guardians, committees and testamentary trustees; certifications pertaining to, and certified copies of wills, all probate court records, and statements or stipulations pertaining thereto; warrants of appraisements in decedents' estates including appointment of appraisers; and marriage licenses. He shall provide for the publication of the citation required by law prior to the appointment of an administrator, and for the issuance and filing in the office of the clerk of the court of common pleas or of the register of mesne conveyance and the office of the county auditor the index forms required by law pertaining to the devise or descent of real property. He shall prepare and execute all forms necessary to obtain payment of insurance benefits in connection with intestate estate being administered by the probate court as provided by law. He may examine, vouch, and approve uncontested accountings, and may execute and submit requisitions and claim warrants for supplies and material needed for the operation of the court. He may take acknowledgments and administer oaths, and, subject to the control of the judge, may issue notices and make all necessary orders for the hearing of any matter to be heard in the court. If a matter is not contested, he may hear and determine it and make all orders, judgments and decrees in connection therewith which the judge could make, subject to the same being set aside or modified by the judge at any time within thirty days thereafter; and if not so set aside or modified such orders, judgments and decrees made by the clerk shall have the same effect as if made by the judge. No person shall practice as an attorney or counselor at law in the court of which he is clerk.
Nothing in this section may be construed to preclude use of a computer system or related equipment by a clerk of court in performance of the duties prescribed in this section.
HISTORY: 1976 Act No. 690 Art. V Section 10; 1994 Act No. 412, Section 2, eff May 25, 1994.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1120. Court of record; seal.

The court of probate shall be a court of record and shall have a seal bearing the name of such court, which seal shall be impressed upon all orders, decrees and licenses issued by such court. Except as otherwise provided by law, the records of the court of probate shall at all times be subject to inspection by any person interested therein.
HISTORY: 1976 Act No. 690 Art. V Section 12.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1130. Books, office equipment, office space, support personnel; index books.

The governing body of each county shall provide and the judge of probate shall keep the seal of the probate court, the necessary office equipment of the probate court, and those books as are necessary for keeping the records of the probate court and for reference to these records, including index books, appropriately labeled, referring to the records of the probate court pertaining to:
1. wills;
2. intestate estates;
3. estates of minors and incompetents;
4. bonds;
5. inventories and appraisements;
6. returns or accountings;
7. liens;
8. admissions and commitments to facilities for the care and treatment of mentally ill, persons with intellectual disability, alcoholics, and drug addicts;
9. marriage licenses and marriages;
10. decrees;
11. general or miscellaneous matters.
In addition, the governing body of each county shall provide office space and additional support personnel necessary for the orderly conduct of the business of the probate court.
If the probate court maintains the original of a document in the master file of a matter and a copy of that document on microfilm, a computer system, or on another similar system, it is not necessary for the probate court to maintain a second separate record with copies of those types of documents, provided a general index or an index for those types of documents is maintained.
HISTORY: 1976 Act No. 690 Art. V Section 13; 1987 Act No. 157 Section 1, eff June 8, 1987; 1994 Act No. 412, Section 3, eff May 25, 1994.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1140. Rules and regulations governing practice, procedure, and conduct of business.

The Supreme Court shall have the power by rule to regulate the practice, procedure, and conduct of business in the courts of probate. Provided, however, that the State Department of Mental Health and the State Department of Disabilities and Special Needs may by rule and regulation prescribe the form of admission documents to their facilities.
HISTORY: 1976 Act No. 690 Art. V Section 14; 1993 Act No.181, Section 257, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-1150. Jurisdiction of judges.

Every judge of probate, in his county, shall have jurisdiction:
(a) as provided in Sections 62-1-301 and 62-1-302, and other applicable sections of the South Carolina Probate Code;
(b) to issue marriage licenses, in form as provided by the bureau of vital statistics of the Department of Health and Environmental Control; to record, index, and dispose of copies of marriage certificates; and to issue certified copies of such licenses and certificates;
(c) to perform the duties of the clerk of the court of common pleas in proceedings in eminent domain for the acquisition of rights-of-way by railway or canal companies when such clerk is disqualified by reason of ownership of or interest in any lands over which it is sought to obtain such right-of-way;
(d) to inquire into and adjudge, in such proceedings as may be authorized by law, the involuntary commitment of persons suffering from mental illness, intellectual disability, alcoholism, drug addiction, and active pulmonary tuberculosis.
HISTORY: 1976 Act No. 690 Art. V Section 15; 1986 Act No. 539, Section 3(1)(B), eff July 1, 1987.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-5. Establishment of municipal courts by ordinance; facilities for courts; use of magistrates court by municipality.

(a) The council of each municipality in this State may, by ordinance, establish a municipal court, which shall be a part of the unified judicial system of this State, for the trial and determination of all cases within its jurisdiction. The ordinance shall provide for the appointment of one or more full-time or part-time judges and the appointment of a clerk.
(b) Any municipality establishing a municipal court pursuant to the provisions of this chapter shall provide facilities for the use of judicial officers in conducting trials and hearings and shall provide sufficient clerical and nonjudicial support personnel to assist the municipal judge.
(c) Any municipality may prosecute any of its cases in any magistrate court in the county in which such municipality is situate upon approval by the governing body of the county.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-910.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-25. Eligibility for judgeship; vacancy in office and temporary absence.

A municipal judge shall not be required to be a resident of the municipality by whom he is employed. A municipality may contract with any other municipality in the county or with the county governing body to employ the municipal judge of the other municipality or a magistrate to preside over its court.
In case of a vacancy in the office of municipal judge, a successor shall be appointed in the manner of original appointment for the unexpired term. In case of the temporary absence, sickness, or disability of a municipal judge, the court shall be held by a judge of another municipality or by a practicing attorney or some other person who has received training or experience in municipal court procedure, who shall be designated by the mayor and take the prescribed oath of office before entering upon his duties.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-930 and 14-25-940.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-35. Appointment and duties of clerk of court.

The municipal clerk or other municipal employee may be appointed to serve as clerk of the court. The clerk of the court shall keep such records and make such reports as may be determined by the State Court Administrator.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-45. Powers, duties, and jurisdiction of municipal courts.

Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have no jurisdiction in civil matters.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-970.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-55. Powers and duties of chief of police and police officers.

The chief of police of the municipality for which a court is established, or someone designated by him, shall attend upon the sessions of the court. The chief of police and the police officers of such municipality shall be subject to the orders of the court and shall execute the orders, writs, and mandates thereof and perform such other duties in connection therewith as may be prescribed by the ordinances of the municipality. The chief of police and police officers shall also be invested with the same powers and duties as are provided for magistrates' constables.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-950.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-65. Maximum penalties that court may impose; restitution; contempt.

(A) If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed the civil jurisdictional amount of magistrates court provided in Section 22-3-10(2). In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
(B) A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition, a municipal judge may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C).
HISTORY: 1980 Act No. 480, eff January 1, 1981; 1993 Act No. 171, Section 2, eff July 1, 1993, and applicable to all offenses occurring after this date; 1999 Act No. 78, Section 1, eff June 11, 1999; 2010 Act No. 273, Section 23, eff June 2, 2010; 2013 Act No. 82, Section 5, eff June 13, 2013.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-50.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-75. Judge may suspend sentences.

Any municipal judge may suspend sentences imposed by him upon such terms and conditions as he deems proper including, without limitation, restitution or public service employment.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-810, 14-25-980 and 14-25-990.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-85. Disposition of fines and penalties.

All fines and penalties collected by the municipal court shall be forthwith turned over by the clerk to the treasurer of the municipality for which such court is held.
HISTORY: 1980 Act No. 480, eff January 1, 1980.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-70.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-95. Appeals to Court of Common Pleas; procedures and time limits.

Any party shall have the right to appeal from the sentence or judgment of the municipal court to the Court of Common Pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend the appeal at the next term of the Court of Common Pleas or shall pay the fine assessed.
HISTORY: 1980 Act No. 480, eff January 1, 1981; 1994 Act No. 520, Section 2, eff September 23, 1994.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-150 and 14-25-1000.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-105. Municipal judge to make return to Court of Common Pleas in event of appeal; no appeal de novo.

In the event of an appeal, the municipal judge shall make a return to the Court of Common Pleas, and the appeal must be heard by the presiding judge upon the return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided herein, the return shall include the reporter's transcript of the testimony. The return must be filed with the Clerk of the Court of Common Pleas of the county in which the trial was held and the cause must be placed on the motion calendar for the Court of Common Pleas. There shall be no trial de novo on any appeal from a municipal court.
HISTORY: 1980 Act No. 480, eff January 1, 1981; 1994 Act No. 520, Section 3, eff September 23, 1994.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-1010.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-115. Appointment of ministerial recorder; powers and duties.

The council of a municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall take and subscribe the prescribed oath of office and shall be certified by the municipal judge as having been instructed in the proper method of issuing warrants and setting and accepting bonds and recognizances. Ministerial recorders shall have the power to set and accept bonds and recognizances and to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon magistrates. Ministerial recorders shall have no other judicial authority.
HISTORY: 1980 Act No. 480, eff January 1, 1981; 2000 Act No. 394, Section 3, eff August 4, 2000.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-310 and 14-25-320.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-125. Demand for jury trial; composition of jury.

A person to be tried in a municipal court, prior to trial, may demand a jury trial, and the jury, when demanded, must be composed of six persons drawn from the jury list prepared by the jury commissioners from the latest official list furnished to the municipality by the State Election Commission each year in the manner prescribed in Section 14-25-130. The right to a jury trial shall be deemed to have been waived unless demand is made prior to trial.
HISTORY: 1980 Act No. 480, eff January 1, 1981; 2008 Act No. 270, Section 2, eff June 4, 2008.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-410.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-130. Preparation of jury list from electronic file of persons holding valid South Carolina driver's license or identification card.

In September of each year, the Department of Motor Vehicles shall furnish the State Election Commission an electronic file of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each municipality who hold a valid South Carolina driver's license or an identification card issued pursuant to state law. The electronic file also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to municipal jury commissioners consisting of a file or list derived by merging the list of registered voters in the municipality with municipal residents appearing on the file furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or file constitutes the roll of eligible jurors in the municipality. Expenses of the Department of Motor Vehicles and the State Election Commission in implementing this section must be borne by these agencies.
HISTORY: 2008 Act No. 270, Section 1, eff June 4, 2008.
Editor's Note
Former Section 14-25-130, entitled "Procedure on trial of appeal", was repealed by 1980 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-135. Jury commissioners.

The council shall appoint not less than three nor more than five persons to serve as jury commissioners for the municipal court; provided, however, that the council may act as jury commissioners in lieu of appointing such commissioners.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-510 and 14-25-620.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-145. Commissioners to prepare jury box.

The jury commissioners shall, within the first thirty days of each year, prepare a box to be known as the jury box. Such box shall contain two compartments, designated as "A" and "B", respectively.
HISTORY: 1980 Act No. 480, eff January 1, 1980.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-510 and 14-25-630.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-155. Composition of jury list.

(A) The jury list of the municipality must be composed of all names on the jury list prepared by the jury commissioners from the latest official list furnished to the municipality by the State Election Commission each year in the manner prescribed in Section 14-25-130.
(B) Compartment "A" of the jury box shall contain a separate ballot or number for each name on the jury list.
HISTORY: 1980 Act No. 480, eff January 1, 1980; 2008 Act No. 270, Section 3, eff June 4, 2008.