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Department Functions
The Summary Courts are under the guidance of the South Carolina Court Administration. Magistrates are appointed to four-year terms by the Governor upon the advice and consent of the Senate.
Each county has a chief magistrate appointed by the Chief Justice of the South Carolina Supreme Court.
Magistrates generally have criminal trial jurisdiction over all offenses subject to the penalty of a fine, as set by statute, but generally, not exceeding $500.00 or imprisonment not exceeding 30 days, or both. Assessments and court costs may be added to the fine.
In addition, they are responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants.
Magistrates have civil jurisdiction when the amount in controversy does not exceed $7,500.
Magistrate civil jurisdiction include such matters as Summons and Complaints (Small Claims), landlord/tenant actions, sales of abandoned property, and Claim and Delivery.
Additionally, magistrates may also issue Restraining Orders under the Harassment and Stalking statute as well as Emergency Orders of Protection when Family Court is not in session.
These services are provided by magistrates in different areas of the county for the convenience of the citizens.
For these services, citizens would see the magistrate in the area in which the person lives that they are attempting to take to court. For an arrest warrant the public would need to contact their local law enforcement agency.
Latest News
Emergency Response Vehicles Delayed in Berkeley County Throughout Ian
MONCKS CORNER, S.C. – (Friday, September 30, 2022) – Emergency responses across Berkeley County are currently delayed. Due to high winds, high-profile vehicles (i.e. ambulances, fire trucks, and utility vehicles) are periodically suspended from roadways. The duration of the delay…
Berkeley County to Partially Activate Emergency Operations Center Friday, Sept. 30
MONCKS CORNER, S.C. – (Thursday, September 29, 2022) – Berkeley County will move from OPCON 3 to OPCON 2 at 6 a.m. on Friday, September 30, partially activating its Emergency Operations Center (EOC).…
Berkeley County Government Announces Office Closures Ahead of Hurricane Ian
MONCKS CORNER, S.C. – (Wednesday, September 28, 2022) – Berkeley County is under a Hurricane Watch and Tropical Storm Warning as Hurricane Ian inches closer to South Carolina. A watch does NOT mean…
Berkeley County Announces Candidate Filing Info. for 2022 General Election
MONCKS CORNER, S.C. – (Monday, March 7, 2022) – Any candidate who is seeking a political party’s nomination for a local, state or federal seat in the 2022 General Election may file for…
Berkeley County Government Offices Closing Early on Friday, January 21
MONCKS CORNER, S.C. – (Thursday, January 20, 2022) – All Berkeley County Government Offices, the Courthouse, the County Landfill and all County Convenience Centers will be closing at 3 p.m. on Friday, January…