Is There Discovery in South Carolina Small Claims Court?

If you have been sued in South Carolina Magistrate Court and want to find out what evidence the other side has before the hearing, you are thinking about discovery. In higher courts — the Court of Common Pleas, for example — discovery is a standard part of civil litigation. Parties exchange documents, answer written questions under oath, and take depositions.

Magistrate Court is different.

Discovery Is Not a Standard Feature

South Carolina Magistrate Courts operate under the South Carolina Magistrate Court Rules (SCMCR), not the full South Carolina Rules of Civil Procedure that govern Circuit Court. The SCMCR do not provide for the discovery tools available in higher courts. There is no automatic right to serve interrogatories, requests for production of documents, or requests for admissions on the other party.

This is by design. Small claims court is meant to be fast, informal, and accessible to people without lawyers. Formal discovery adds time, complexity, and cost — the opposite of what Magistrate Court is built for.

What You Can Do Instead

While formal discovery is not available, you are not completely without options for gathering evidence before the hearing:

Subpoena witnesses. You can compel witnesses to appear at the hearing through a subpoena issued by the Magistrate Court clerk ($8.00 per in-county subpoena, plus $25.00 per day and mileage payable to the witness). This includes witnesses who have firsthand knowledge of the dispute — a mechanic who inspected the car, a neighbor who witnessed the incident, a contractor who assessed the work.

Subpoena documents (subpoena duces tecum). You may be able to request a subpoena requiring a third party to bring specific documents to the hearing. This is the closest tool to a document request available in Magistrate Court. Ask the clerk whether the court issues subpoenas for documents in civil cases — practices vary by county.

Request records directly. Nothing prevents you from asking the other party or third parties for documents voluntarily. A written request (email or letter) for relevant invoices, photographs, contracts, or correspondence is not a formal discovery tool, but many parties and businesses will provide records when asked. They are not legally required to, but cooperation before the hearing is common.

Obtain public records. Vehicle history reports, property records, business filings, building permits, and court records are publicly available. If the dispute involves a car, a property, or a business, these records can fill in facts the other side has not volunteered.

Your own documentation. Gather everything you already have — text messages, emails, photographs, contracts, receipts, bank statements, and any written communications about the dispute. In most small claims cases, the evidence you already possess or can obtain from public sources is sufficient.

Can the Magistrate Order Discovery?

The Magistrate Court Rules do not create a general right to pretrial discovery. Rule 14 allows a continuance for good cause when needed to serve the ends of justice. If an important document or witness is unavailable, explain the need and ask the court whether a continuance is appropriate; the court decides whether to grant it.

If specific documents from the other side are essential, explain what they are and why they matter. The court may decide whether a continuance is warranted under Rule 14; a request does not create a right to compel the other party to disclose documents before trial.

What This Means for Defendants

The lack of a general discovery right means you cannot require the plaintiff to disclose evidence before the hearing, and the plaintiff cannot require you to disclose yours. The parties can share evidence voluntarily before the hearing.

This makes hearing preparation critical. Organize every document you have and consider preparing three copies of each (magistrate, opposing party, your copy). Prepare to address the plaintiff's claims based on what you know about the dispute.

The Responding to a Small Claims Case in South Carolina guide includes an Evidence and Witness Organizer worksheet for tracking what evidence you have, what you still need, and how to get it using the tools available in Magistrate Court.

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