Court records of Kershaw County, South Carolina, are maintained at the county clerk's office and are accessible through online tools, official court portals, and directly at the office. KershawCourt.us is a convenient resource for starting your search for publicly available court case information. Additionally, you can use the South Carolina Judicial Department Public Index, call the clerk's office, or visit the courthouse in person.
Kershaw Court System Overview
Kershaw County is part of the Fifth Judicial Circuit of South Carolina, which also includes Richland County. The courts of general jurisdiction in the county include the Court of Common Pleas for civil cases and the Court of General Sessions for criminal cases. The Magistrate Court handles less serious offenses and small civil claims.
The county courthouse is located in Camden, the county seat of Kershaw County.
Magistrate judges are appointed by the governor and conduct preliminary hearings in criminal cases, small claims, and traffic violations.
Courts Serving Kershaw
Residents of the county are served by several courts of varying levels of jurisdiction.
| Court | Address / Contact |
|---|---|
| Kershaw County Court of Common Pleas & General Sessions | 1121 Broad Street, Camden, SC 29020 |
| Kershaw County Magistrate Court | 1121 Broad Street, Camden, SC 29020 |
| Kershaw County Probate Court | 1121 Broad Street, Camden, SC 29020 |
| Kershaw County Family Court | 1121 Broad Street, Camden, SC 29020 |
| U.S. District Court, District of South Carolina (Columbia Division) | 901 Richland Street, Columbia, SC 29201 |
Municipal courts in the cities of Camden and Lugoff also handle violations of city ordinances and minor offenses within their jurisdictions.
What Types of Cases Kershaw Courts Hear
The county courts cover a wide range of cases. Here are the main categories:
- Felonies and misdemeanors
- Traffic violations, including DUI
- Civil claims of various scales, including small claims
- Family law: divorce, custody, child support
- Probate matters, guardianship, conservatorship
- Juvenile cases and child protection
- Adoption
District Court Cases in Kershaw
The Court of General Sessions is where criminal felony cases are heard after a preliminary hearing in the Magistrate Court. A circuit court judge presides over the trial, and a jury delivers the verdict in cases that go to trial.
The Court of Common Pleas hears civil cases where the amount in dispute exceeds the jurisdiction of the magistrate. It also receives appeals from the Magistrate Court. Cases are assigned to judges of the Fifth Judicial Circuit on a rotating basis. After a complaint or indictment is filed, the case goes through preliminary motions, discovery, and, if necessary, trial.
Magistrate Court Cases in Kershaw
The Magistrate Court is the first stop for most county residents. It handles minor criminal offenses with penalties of up to 30 days in jail or fines up to $500. Preliminary hearings for felony cases are also conducted by the magistrate.
Civil claims up to $7,500 fall under the magistrate's jurisdiction. For small claims, the limit is also $7,500 according to South Carolina law. Traffic violations and initial DUI hearings are another significant part of this court's workload. The procedure is simplified: formal attorney representation is not mandatory for small claims.
Family Law, Probate, and Juvenile Matters in Kershaw
Family Law. The Kershaw County Family Court handles divorces, custody and visitation disputes, child support, protective orders, paternity establishment, and termination of parental rights. It is a separate division of the court with its own schedule and judges.
Probate Matters. The Probate Court is responsible for estate administration, appointing guardians and conservators, and trust issues. Applications can be filed directly at the Probate Court office in the Camden courthouse.
Juvenile Matters. Proceedings involving juveniles, both criminal and child protection cases, are held in Family Court. Records of these cases are confidential by state law. Access is restricted to the parties involved and authorized individuals.
How Cases Move Through the Kershaw Court System
- Case Filing: a criminal complaint, civil lawsuit, or petition is filed with the clerk of court's office.
- Judge Assignment: the case is assigned to judges of the appropriate court.
- Initial Hearing: in criminal cases, this is the arraignment; in civil cases, a scheduling conference.
- Pretrial Stage: motions are filed, discovery is conducted, plea negotiations (in criminal cases) or settlement discussions (in civil cases) occur.
- Trial or Resolution: trial, jury verdict, plea agreement, settlement, or default judgment.
- Post-Judgment: sentencing, appeal filing, or judgment enforcement.
Criminal felony cases typically start in the Magistrate Court and move to the Court of General Sessions after a grand jury indictment.
Court Administration, Local Rules, and Public Access in Kershaw
The administration of the courts in the Fifth Judicial Circuit is handled by the circuit's administrative judge in conjunction with the court administrator. Local rules of the circuit govern the filing of documents, timelines, and hearing procedures.
Under the South Carolina Freedom of Information Act (FOIA), most court records are public. Exceptions include juvenile cases, sealed cases, and confidential information such as social security numbers. The Judicial Department Public Index allows online case searches, but certain personal data is automatically redacted.
Hearings are open to the public unless a judge issues a specific order to close them. Some hearings may be conducted remotely—check with the clerk's office for details.
Court Records and Related Court Resources in Kershaw
- Online Case Search: The South Carolina Judicial Department Public Index offers free searches by party name or case number in county courts.
- Vital Records: Certified copies of marriage and divorce certificates can be ordered through the SC Department of Health.
- Inmate Search: The South Carolina Department of Corrections provides photos and public information on individuals serving sentences in state correctional facilities. One such facility, Wateree River Correctional Institution, is located directly in the city of Kershaw.
- Offender Supervision Search: The SC Department of Probation, Parole, and Pardon Services database allows you to find information on individuals on probation or parole.
- Sex Offender Registry: The SC public registry, maintained by sheriff's offices and SLED, is regularly updated.
- Criminal Background Check: Through the SLED CATCH system, you can order a criminal history check in South Carolina.
- Law Enforcement Resources: The South Carolina Law Enforcement Division (SLED) coordinates investigations and provides technical support to local law enforcement agencies.
- Forms and Self-Help: Court forms are available on the SC Judicial Department website, and the county clerk can provide forms for filing lawsuits, motions, and other documents.
For additional information on court records and resources in Kershaw County, visit KershawCourt.us.