How to Prepare for Small Claims Court in South Carolina

The hearing is where your preparation either pays off or falls apart. South Carolina Magistrate Court trials are summary proceedings — shorter and less formal than circuit court — but the magistrate still expects organized evidence and proper procedure.

How the Hearing Works

The trial follows a set sequence:

1. The magistrate calls the case and swears in everyone under oath
2. You (the plaintiff) give an opening statement explaining your claim
3. You present your evidence and call witnesses — the defendant can cross-examine each one
4. The defendant presents their case and witnesses — you can cross-examine
5. Both sides give brief closing arguments

The whole thing usually takes 30 minutes to an hour for a straightforward claim. The magistrate may rule from the bench or take the case under advisement and mail a written judgment later.

Organize Your Evidence in Three Sets

Prepare three identical copies of every exhibit: one for the magistrate, one for the opposing party, and one for yourself. Organize them in logical order — typically chronological — and label each exhibit clearly.

Your evidence package should include:

• Written contracts, leases, or work orders
• Invoices and itemized statements
• Bank statements or cancelled checks showing payment
• Receipts for repairs or replacement costs
• Printed photographs of property damage, defects, or site conditions
• Printed text messages, emails, and written correspondence (include sender, recipient, date, and timestamp)
• Two independent repair estimates for property damage claims

Witnesses Must Show Up in Person

Written statements from people who aren't in the courtroom are hearsay — and generally inadmissible in South Carolina courts. A signed letter from your neighbor describing what they saw won't be accepted. If their testimony matters, they need to be there in person, under oath, subject to cross-examination.

If a witness won't come voluntarily, request a subpoena from the clerk. A Subpoena Ad Testificandum compels a witness to appear and testify. A Subpoena Duces Tecum compels them to bring specific documents. The statutory charges total $8 before mileage: $3 to summon a witness under S.C. Code § 8-21-1060(1), plus $5 for service under § 8-21-1060(4). The subpoena must be served personally on the witness well before the trial date.

What Happens If Someone Doesn't Show Up

If you (the plaintiff) don't show up: the magistrate dismisses your case for lack of prosecution. You may be able to refile, but you've wasted your filing fee and lost time.

If the defendant doesn't show up: the court holds them in default and conducts an immediate default hearing. You still need to present evidence establishing your damages.

Common Mistakes to Avoid

Rambling instead of sticking to the facts. The magistrate wants to know what happened, what the defendant owes, and why. Keep your presentation focused on the elements of your claim.

Bringing documents but no copies. Three sets of everything. If you show up with one copy, you'll be scrambling.

Relying on a friend to interpret. If you need language interpretation, request a certified interpreter from the clerk at least 10 business days before trial. The court provides this at no cost. Family members and friends cannot serve as official interpreters.

Expecting a court reporter. Magistrate Court is not a court of record — there's no official transcript. If you want a verbatim record for a potential appeal, you must hire and pay for a private court reporter yourself, and notify the court and the other side in advance.

Request Accommodations Early

Need an interpreter, wheelchair accessibility, or other ADA accommodations? Submit a written request to the Civil Magistrate Clerk at least 10 business days before your trial date. Waiting until the day of your hearing is too late.

After the Hearing

If you win, the magistrate enters a judgment in your favor. The judgment doesn't mean you get paid automatically — the Magistrate Court doesn't collect money for you. You'll need to pursue enforcement through execution orders, judgment liens, or supplementary proceedings.

If you lose, you have 5 calendar days to file a Motion for New Trial with the magistrate, or 30 days to appeal to the Court of Common Pleas by filing Form SCCA/720.

The South Carolina Small Claims Filing Guide includes a hearing preparation checklist and an evidence organization log so nothing gets forgotten on trial day.

See more South Carolina guides →