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Kershaw County Court Records

What Is Kershaw County Court Records

Court records in Kershaw County encompass all official documentation generated during legal proceedings within the county's court system. These records serve as the comprehensive documentation of judicial activities and are maintained pursuant to South Carolina Code of Laws § 30-4-30, which establishes requirements for public record maintenance and access.

Court records typically include:

  • Case files containing pleadings, motions, and supporting documentation
  • Court dockets listing scheduled hearings and case status information
  • Judicial orders and final judgments
  • Hearing and trial transcripts
  • Evidence and exhibits admitted during proceedings
  • Sentencing and disposition records in criminal matters
  • Settlement agreements in civil cases

Kershaw County court records are distinct from other public records such as:

  • Property records (deeds, mortgages, liens)
  • Vital records (birth, death, marriage certificates)
  • Tax and assessment records
  • Business licenses and permits

The courts maintaining records in Kershaw County include:

  • Kershaw County Circuit Court (handling major civil and criminal matters)
  • Kershaw County Family Court (domestic relations, juvenile cases)
  • Kershaw County Probate Court (estates, guardianships, mental health commitments)
  • Kershaw County Magistrate Courts (minor civil claims, misdemeanors)
  • Municipal Courts (ordinance violations, minor offenses)

These courts generate records for civil litigation, criminal prosecutions, family law matters, probate proceedings, traffic violations, and small claims disputes. The South Carolina Judicial Branch maintains oversight of the unified court system, including standardized record-keeping practices across all counties.

Are Court Records Public In Kershaw County

Court records in Kershaw County are generally accessible to the public in accordance with the South Carolina Freedom of Information Act (FOIA) § 30-4-10 et seq. and the constitutional principle of open courts. The South Carolina Constitution, Article I, § 9, establishes that "all courts shall be public," creating a presumption of accessibility to court proceedings and associated records.

Records typically available for public inspection include:

  • Civil case files (with certain exceptions for sealed matters)
  • Criminal case files following formal charging
  • Court dockets and calendars
  • Final judgments and orders
  • Hearing schedules and court calendars

However, certain categories of court records may be restricted or sealed from public view, including:

  • Juvenile records (except under specific circumstances)
  • Records in adoption proceedings
  • Mental health commitment proceedings
  • Cases involving minors as victims of certain crimes
  • Records sealed by judicial order for compelling privacy or safety concerns
  • Grand jury proceedings and materials
  • Records containing sensitive personal identifiers (partially redacted)

The distinction between federal and state court records is important to note. While Kershaw County courts operate under South Carolina state law, federal courts in the district follow federal rules regarding public access. The South Carolina Supreme Court has established specific rules governing record access through the South Carolina Rules of Court.

Public access to court records in Kershaw County is subject to practical limitations, including reasonable fees for copies and administrative processing time. Certain electronic access restrictions may apply to sensitive information pursuant to South Carolina Judicial Department Privacy Policy.

How To Find Court Records in Kershaw County in 2026

Members of the public seeking court records in Kershaw County may utilize several methods to locate and access these documents. The following procedures are currently in effect:

In-Person Requests:

  1. Visit the appropriate courthouse where the case was filed
  2. Complete a records request form available at the clerk's office
  3. Provide case number, party names, or other identifying information
  4. Pay applicable search and copy fees
  5. Review records on-site or request certified copies

By Mail:

  1. Submit a written request to the appropriate court clerk
  2. Include case information, specific documents needed, and contact information
  3. Enclose a self-addressed stamped envelope and payment for applicable fees
  4. Allow 5-10 business days for processing

Online Access:

  1. Access the South Carolina Judicial Department Public Index
  2. Select Kershaw County from the jurisdiction dropdown
  3. Enter search criteria (name, case number)
  4. Review available case information and document listings
  5. Note that full document images may not be available for all records

For Circuit Court and Family Court records, contact:

Kershaw County Clerk of Court
1121 Broad Street
Camden, SC 29020
(803) 425-1500
Kershaw County Clerk of Court

For Probate Court records, contact:

Kershaw County Probate Court
1121 Broad Street, Room 207
Camden, SC 29020
(803) 425-1503
Kershaw County Probate Court

Pursuant to South Carolina Code § 14-17-540, clerks of court are required to maintain and provide access to public records in their custody. Requestors should be prepared to provide identification when requesting records in person and may need to schedule appointments for extensive research.

How To Look Up Court Records in Kershaw County Online?

Kershaw County residents and interested parties may access certain court records through several online portals maintained by state and county agencies. The following digital resources are currently available:

South Carolina Judicial Department Public Index:

  1. Navigate to the South Carolina Judicial Department Case Records Search
  2. Select "Public Index" from the available options
  3. Choose Kershaw County from the county selection menu
  4. Enter search criteria (name, case number, filing date range)
  5. Review case summary information, including parties, charges, and case status
  6. Note that this system provides case information but not document images

Kershaw County Family Court Records:

  1. Access the Family Court Case Management System
  2. Register for an account if accessing non-confidential case information
  3. Search by case number or party name
  4. Review available case information (note that access is limited for confidential matters)

Kershaw County Probate Court:

  1. Visit the South Carolina Probate Court Information System
  2. Select Kershaw County from the jurisdiction menu
  3. Search by estate name, case number, or filing date
  4. Access limited case information (full documents require in-person requests)

Kershaw County Public Index for Criminal Records:

  1. Access the South Carolina Judicial Department Public Index
  2. Select "Criminal Records" search option
  3. Choose Kershaw County from the dropdown menu
  4. Enter defendant name or case number
  5. Review charge information, case status, and disposition

Users should be aware that online access has limitations, including:

  • Redaction of personal identifiers (Social Security numbers, financial account information)
  • Absence of complete document images for many case types
  • Potential delays in updating recent case activity
  • Restricted access to sealed or confidential cases

For comprehensive access to court documents, in-person requests at the appropriate courthouse remain necessary in many instances.

How To Search Kershaw County Court Records for Free?

South Carolina law provides for free public inspection of court records under certain conditions. Pursuant to South Carolina Code § 30-4-30(a), "any person has a right to inspect, copy, or receive a copy of any public record of a public body" during normal business hours, subject to reasonable rules concerning time and place.

Free access options for Kershaw County court records include:

In-Person Inspection:

  • Visit the appropriate courthouse during regular business hours
  • Request to view specific case files at the clerk's office
  • Examine records on-site at no charge
  • Note that copy fees will apply if printed copies are requested

Free Online Resources:

Public Access Terminals:

  • Computer terminals available at the Kershaw County Courthouse
  • Located in the Clerk of Court's office
  • Provide free access to electronic case management systems
  • Staff assistance may be available for basic search guidance

While inspection of records is generally free, fees may apply for:

  • Printed or electronic copies of documents
  • Certification of records
  • Extensive research assistance from court staff
  • Expedited processing of requests

The South Carolina Judicial Department Administrative Order 2021-02-17-01 establishes uniform fee schedules for court records across all counties, including provisions for fee waivers in cases of indigency.

What's Included in a Kershaw County Court Record?

Kershaw County court records contain various documents and information depending on the case type and court of jurisdiction. The contents typically include:

For Civil Cases:

  • Complaint or petition initiating the action
  • Summons and proof of service
  • Defendant's answer or response
  • Motions filed by either party
  • Discovery documents (if filed with the court)
  • Affidavits and supporting exhibits
  • Court orders and rulings
  • Final judgment or dismissal
  • Post-judgment motions and enforcement documents
  • Appeal notices and related filings

For Criminal Cases:

  • Charging documents (indictment, information)
  • Arrest warrant or citation
  • Bond and pretrial release information
  • Defendant's plea
  • Motions to suppress or dismiss
  • Discovery notices (though actual discovery may not be filed)
  • Witness lists
  • Trial exhibits admitted into evidence
  • Verdict forms
  • Sentencing documents
  • Probation reports (may be confidential)
  • Appeal notices

For Family Court Cases:

  • Petition for divorce, custody, or support
  • Financial declarations
  • Parenting plans
  • Guardian ad litem reports (may be confidential)
  • Temporary and final orders
  • Child support worksheets
  • Qualified domestic relations orders
  • Adoption petitions and decrees (typically sealed)

For Probate Cases:

  • Will and codicils
  • Petition for probate or administration
  • Inventory of estate assets
  • Claims against the estate
  • Accountings
  • Distribution plans
  • Guardianship/conservatorship documents
  • Orders approving settlements

Court records also contain case management information such as:

  • Case number and filing date
  • Judge assignment
  • Hearing dates and continuances
  • Service status
  • Party and attorney contact information
  • Docket entries showing chronological case activity

Pursuant to South Carolina Court Administration Guidelines, certain sensitive information may be redacted or filed under seal, including Social Security numbers, financial account numbers, and information concerning minors.

How Long Does Kershaw County Keep Court Records?

Kershaw County adheres to the South Carolina Department of Archives and History's records retention schedules for court documents, as mandated by South Carolina Code § 30-1-90. These schedules establish minimum retention periods based on document type and case disposition.

Circuit Court Records Retention:

  • Felony case files: Permanently maintained
  • Civil case files with judgments: 20 years after case closure
  • Civil cases dismissed: 10 years after dismissal
  • General Sessions docket books: Permanent retention
  • Common Pleas docket books: Permanent retention
  • Judgment rolls and indexes: Permanent retention
  • Grand jury records: Permanent retention

Family Court Records Retention:

  • Divorce cases: Permanent retention
  • Child custody matters: Until youngest child reaches age 21, then transferred to archives
  • Juvenile delinquency records: Until subject reaches age 21, then sealed
  • Adoption records: Permanent retention (sealed from public access)
  • Abuse and neglect cases: 75 years

Probate Court Records Retention:

  • Estate administration files: Permanent retention
  • Guardianship/conservatorship files: 10 years after termination
  • Commitment proceedings: 10 years after case closure
  • Marriage licenses: Permanent retention
  • Wills: Permanent retention

Magistrate Court Records Retention:

  • Criminal cases: 10 years after disposition
  • Civil cases: 10 years after judgment
  • Traffic cases: 10 years after disposition

The South Carolina Archives and Records Management Division oversees the implementation of these retention schedules. After the required retention period, non-permanent records may be destroyed following proper procedures, while permanent records are transferred to the state archives for historical preservation.

Digital court records are subject to the same retention requirements as paper records, with additional provisions for maintaining technological accessibility throughout the retention period.

Types of Courts In Kershaw County

Kershaw County's court system operates as part of South Carolina's unified judicial system, with several levels of courts serving different jurisdictions and case types:

Kershaw County Circuit Court
1121 Broad Street
Camden, SC 29020
(803) 425-1500
Kershaw County Circuit Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

The Circuit Court has two divisions:

  • Common Pleas (civil matters over $7,500)
  • General Sessions (criminal cases)

Kershaw County Family Court
1121 Broad Street
Camden, SC 29020
(803) 425-1500
Kershaw County Family Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Kershaw County Probate Court
1121 Broad Street, Room 207
Camden, SC 29020
(803) 425-1503
Kershaw County Probate Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Kershaw County Magistrate Courts:

Central Magistrate Court
1121 Broad Street
Camden, SC 29020
(803) 425-1520
Kershaw County Magistrate Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Bethune Magistrate Court
101 Elm Street
Bethune, SC 29009
(803) 334-6100
Kershaw County Magistrate Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Municipal Courts:

Camden Municipal Court
1000 Lyttleton Street
Camden, SC 29020
(803) 425-6025
Camden Municipal Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Bethune Municipal Court
101 Elm Street
Bethune, SC 29009
(803) 334-6238
Bethune Municipal Court
Hours: Court sessions as scheduled

Elgin Municipal Court
2469 Main Street
Elgin, SC 29045
(803) 438-2362
Elgin Municipal Court
Hours: Court sessions as scheduled

The court hierarchy in South Carolina proceeds from Magistrate and Municipal Courts (limited jurisdiction) to Circuit Courts (general jurisdiction), then to the South Carolina Court of Appeals, and finally to the South Carolina Supreme Court as the court of last resort.

What Types of Cases Do Kershaw County Courts Hear?

Each court within Kershaw County's judicial system has jurisdiction over specific case types as established by South Carolina law:

Circuit Court - Common Pleas Division:

  • Civil lawsuits with claims exceeding $7,500
  • Appeals from Magistrate and Municipal courts
  • Actions for declaratory judgment
  • Complex business litigation
  • Real property disputes
  • Medical malpractice claims
  • Product liability cases
  • Contract disputes
  • Tort claims

Circuit Court - General Sessions Division:

  • Felony criminal prosecutions
  • Misdemeanors not assigned to lower courts
  • Criminal domestic violence (2nd offense and higher)
  • Drug trafficking offenses
  • Violent crimes
  • Property crimes above magistrate court thresholds
  • Criminal appeals from lower courts

Family Court:

  • Divorce proceedings
  • Child custody and visitation disputes
  • Child support establishment and enforcement
  • Alimony determinations
  • Equitable division of marital property
  • Adoption proceedings
  • Juvenile delinquency cases
  • Child abuse and neglect matters
  • Name changes
  • Paternity actions

Probate Court:

  • Estate administration
  • Will probate
  • Appointment of personal representatives
  • Guardianships and conservatorships
  • Mental health commitments
  • Marriage licenses
  • Minor settlements (under $25,000)
  • Trust administration

Magistrate Courts:

  • Civil claims up to $7,500
  • Landlord-tenant disputes and evictions
  • Claim and delivery actions
  • Public intoxication
  • Simple assault and battery
  • Shoplifting (1st and 2nd offense)
  • Traffic violations (excluding DUI)
  • Setting bail for criminal defendants
  • Preliminary hearings in felony cases
  • Issuance of arrest and search warrants

Municipal Courts:

  • Violations of municipal ordinances
  • Traffic offenses within city limits
  • Public intoxication
  • Disorderly conduct
  • Shoplifting (1st offense)
  • Open container violations
  • Noise ordinance violations

Case assignment is governed by South Carolina Code § 14-5-350 and related statutes establishing court jurisdiction. The Chief Justice of the South Carolina Supreme Court has administrative authority to assign judges and modify court schedules as needed to manage caseloads effectively.

How To Find a Court Docket In Kershaw County

Court dockets in Kershaw County provide schedules of upcoming hearings and case status information. Members of the public may access docket information through several methods:

Online Docket Access:

  1. Visit the South Carolina Judicial Department Court Calendar
  2. Select "Kershaw" from the county dropdown menu
  3. Choose the court type (Circuit, Family, Magistrate)
  4. Select the term or date range
  5. Review the published docket information

Circuit Court Dockets:

  1. Access the South Carolina Judicial Department
  2. Navigate to the Fifth Judicial Circuit section
  3. Select either Common Pleas (civil) or General Sessions (criminal) dockets
  4. Filter for Kershaw County cases
  5. Review case listings by scheduled court term

Family Court Dockets:

  1. Contact the Kershaw County Family Court Clerk at (803) 425-1500
  2. Request the current roster of scheduled hearings
  3. Provide case number or party names for specific case information
  4. Note that certain juvenile and sensitive matters may have restricted docket information

Probate Court Dockets:

  1. Contact the Kershaw County Probate Court at (803) 425-1503
  2. Request information about scheduled hearings
  3. Provide estate name or case number
  4. Inquire about motion days and special hearing dates

Magistrate Court Dockets:

  1. Contact the specific magistrate court location
  2. Request information about upcoming court sessions
  3. Provide citation number or party name
  4. Note that traffic court and criminal court may have separate dockets

Municipal Court Dockets:

  1. Contact the specific municipal court directly
  2. Inquire about upcoming court dates
  3. Provide citation number or defendant name
  4. Request information about specific court sessions

Pursuant to South Carolina Rules of Civil Procedure, Rule 79, clerks of court are required to maintain dockets showing all proceedings in each case. Public access to these dockets is subject to reasonable restrictions regarding time and manner of access.

For cases with scheduled hearings, docket information typically includes:

  • Case number and style (parties' names)
  • Presiding judge
  • Hearing date, time, and courtroom
  • Nature of proceeding (trial, motion, status conference)
  • Attorney information

Which Courts in Kershaw County Are Not Courts of Record?

In South Carolina's judicial system, "courts of record" are those required by law to create and maintain verbatim transcripts of proceedings and comprehensive documentation of all case activities. Pursuant to South Carolina Code § 14-5-110, certain courts are designated as courts not of record, meaning they do not routinely create complete transcripts of proceedings.

In Kershaw County, the following are courts not of record:

Municipal Courts:

  • Camden Municipal Court
  • Bethune Municipal Court
  • Elgin Municipal Court

These municipal courts handle ordinance violations, minor criminal matters, and traffic offenses within their respective city limits. While they maintain case files with basic information, they do not create verbatim transcripts of proceedings unless specifically requested for appeal purposes.

Magistrate Courts:

  • Central Magistrate Court
  • Bethune Magistrate Court

Magistrate courts handle minor civil claims, landlord-tenant matters, and certain criminal misdemeanors. While they maintain case files and basic records of proceedings, they are not required to create verbatim transcripts of routine hearings.

Key characteristics of courts not of record include:

  • Appeals from these courts proceed as trials de novo (new trials) in Circuit Court
  • No official court reporter is present during routine proceedings
  • Documentation consists primarily of standard forms, orders, and judgments
  • Audio recordings may be made but are not automatically transcribed
  • Judges are typically not required to be attorneys (though many are)

By contrast, Kershaw County courts of record include:

  • Circuit Court (Common Pleas and General Sessions divisions)
  • Family Court
  • Probate Court

These courts employ court reporters or digital recording systems to create verbatim records of proceedings, maintain comprehensive case files, and produce official transcripts when requested. Appeals from courts of record are based on the existing record rather than proceeding as new trials.

The distinction between courts of record and courts not of record is significant for appeal purposes and for the precedential value of court decisions.

Lookup Court Records in Kershaw County

South Carolina Judicial Department Public Index

South Carolina Law Enforcement Division