South Carolina Small Claims Court Evidence Rules

Magistrate court is more informal than Circuit Court, but that does not mean anything goes when it comes to evidence. South Carolina summary civil trials follow basic evidentiary rules, and the most common mistake self-represented litigants make is assuming that written statements from people who are not in the courtroom will be accepted. They usually will not.

The Hearsay Rule Applies

A written affidavit, a notarized letter from a friend who witnessed the damage, a signed statement from your mechanic about the repair costs — these are all hearsay in a South Carolina magistrate trial. Out-of-court written witness statements are inadmissible unless they fall under a recognized hearsay exception.

All witness testimony must be presented live, in person, under oath. The witness must be physically in the courtroom, available for direct examination by the party who called them and cross-examination by the opposing party. The magistrate may also question witnesses directly.

This is the single most important evidence rule to understand. If your case depends on someone else's account of what happened, that person needs to be in the courtroom.

How to Subpoena a Witness

If a necessary witness refuses to come voluntarily, or a third party holds records you need, you can request an official subpoena from the Civil Magistrate Clerk. Two types are available:

• Subpoena Ad Testificandum commands a witness to appear and testify at trial.
• Subpoena Duces Tecum commands a witness to appear and produce specific documents, photographs, or electronic records.

The statutory subpoena fee is $8 per subpoena. Subpoenas must be served personally on the witness — by a process server or sheriff — well in advance of the trial date, accompanied by statutory witness travel fees. Request your subpoenas as soon as you receive your trial date notice. Waiting until the week before trial risks the witness not being served in time.

What Physical Evidence to Bring

Organize your exhibits in three identical physical sets: one for the presiding magistrate, one for the opposing party, and one for yourself. Typical exhibits in a magistrate civil case include:

• Written contracts, leases, or written change orders
• Itemized invoices and receipts showing payment or non-payment
• Cancelled checks or bank statements verifying transfers
• Repair estimates from licensed commercial contractors (bring the estimator as a witness if possible — the estimate alone may be hearsay)
• Printed photographs of property damage, defective work, or site conditions
• Printed text messages and emails showing sender, recipient, date, and timestamp
• The demand letter you sent before filing, with the certified mail receipt

Label each exhibit clearly (Exhibit A, Exhibit B, etc.) and arrange them in the order you plan to introduce them during testimony.

Photographs and Digital Evidence

Photos are powerful evidence in property damage and contractor dispute cases. Print them — do not plan to show the judge your phone screen. Each photograph should include a date stamp if possible, and you should be prepared to testify about when and where you took each photo.

For text messages and emails, print the full conversation thread, not isolated messages. Opposing parties will challenge cherry-picked excerpts. Include the header information showing phone numbers or email addresses and timestamps.

Repair Estimates and Expert Opinions

Repair estimates from contractors are a gray area. The written estimate by itself is hearsay — it is an out-of-court statement offered to prove the cost of repairs. The strongest approach is to have the contractor appear as a witness and testify about the estimate. If the contractor will not come voluntarily, subpoena them.

Alternatively, you can testify about the fair market value of your own property based on your personal knowledge. If you own the damaged fence, car, or appliance, you are allowed to testify about what it was worth and what repairs cost, provided your testimony is reasonable and supported by whatever documentation you have.

Our South Carolina Small Claims Filing Guide includes an evidence organization log designed for magistrate court that helps you catalogue every exhibit and match it to the specific claim element it supports.

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