Berkeley County Court Records
What Is Berkeley County Court Records
Berkeley County court records encompass all official documentation generated during legal proceedings within the county's court system. These records consist of case files, dockets, pleadings, motions, orders, judgments, transcripts, exhibits, and sentencing records maintained by various courts operating within Berkeley County, South Carolina. Court records are distinct from other public records such as property deeds, vital records (birth, death, marriage certificates), and tax records, which are typically maintained by different government offices.
The South Carolina Judicial Department defines court records as "all documents, information, data, or other items that are collected, received, or maintained by a court or clerk of court in connection with a judicial proceeding" pursuant to South Carolina Code of Laws § 14-1-200. These records are created and maintained by several courts within Berkeley County:
- Circuit Court (General Sessions and Common Pleas)
- Family Court
- Probate Court
- Magistrate Courts
- Municipal Courts
Court records in Berkeley County document various types of legal matters including:
- Civil litigation (personal injury, contract disputes, property disputes)
- Criminal proceedings (misdemeanors and felonies)
- Family law matters (divorce, child custody, adoption)
- Probate cases (wills, estates, guardianships)
- Traffic violations
- Small claims
The South Carolina Judicial Branch oversees the court system throughout the state, including Berkeley County, and establishes policies regarding the creation, maintenance, and accessibility of court records.
Are Court Records Public In Berkeley County
Court records in Berkeley County are generally accessible to the public in accordance with the South Carolina Freedom of Information Act (S.C. Code Ann. § 30-4-10) and the constitutional principle of open courts established in Article I, Section 9 of the South Carolina Constitution. This legal framework establishes the presumption that court proceedings and records are open to public inspection unless specifically exempted by law or sealed by court order.
Publicly accessible court records in Berkeley County typically include:
- Most civil case files
- Criminal case files (post-charging)
- Judgments and orders
- Docket sheets
- Hearing schedules
- Court calendars
However, certain records may be restricted from public access, including:
- Records sealed by court order
- Juvenile records (pursuant to S.C. Code Ann. § 63-19-2010)
- Adoption records
- Mental health proceedings
- Certain family court matters involving minors
- Records containing sensitive personal information (Social Security numbers, financial account numbers)
- Grand jury proceedings
It is important to note that federal court records for cases heard in the United States District Court for the District of South Carolina are governed by federal access policies rather than state laws. The South Carolina Supreme Court has established rules regarding public access to court records through the South Carolina Rules of Court, which provide guidance on balancing transparency with privacy concerns.
How To Find Court Records in Berkeley County in 2026
Members of the public seeking court records in Berkeley County may utilize several methods to locate and access these documents. The following procedures are currently in effect for obtaining court records:
In-Person Requests:
- Visit the appropriate courthouse where the case was filed
- Complete a records request form at the clerk's office
- Provide case information (names of parties, case number, filing date)
- Pay applicable copy fees if requesting physical copies
- Review records on-site or wait for copies to be produced
Online Access:
- Navigate to the South Carolina Judicial Department's Public Index
- Select Berkeley County from the county list
- Search by name, case number, or filing date
- Review available case information and documents
- Download accessible documents or note information needed for in-person retrieval
Written Requests:
- Submit a written request to the appropriate court clerk
- Include specific case information and documents requested
- Provide contact information and preferred delivery method
- Enclose payment for applicable fees
- Allow processing time as specified by the clerk's office
Berkeley County Clerk of Court:
Berkeley County Clerk of Court
300 California Avenue
Moncks Corner, SC 29461
(843) 719-4400
Berkeley County Clerk of Court
Standard processing fees apply to court record requests in accordance with S.C. Code Ann. § 8-21-310, which establishes the fee schedule for court services. Requesters should verify current fee amounts with the specific court office as these may be subject to periodic adjustment.
How To Look Up Court Records in Berkeley County Online?
Berkeley County residents and interested parties may access various court records through several online portals maintained by state and county agencies. Each system provides access to different types of court records:
South Carolina Judicial Department Public Index:
- Visit the South Carolina Judicial Department Public Index
- Select Berkeley County from the dropdown menu
- Search by name, case number, or filing date
- Review case information including party names, filing dates, charges, and case status
- Access available documents that have been digitized
This system includes Circuit Court (Common Pleas and General Sessions), Family Court, and Magistrate Court records.
Berkeley County Public Records Search:
- Navigate to the Berkeley County website
- Select "Online Services" and then "Public Records"
- Choose the appropriate record type
- Enter search criteria (name, date range, case type)
- Review results and access available documents
South Carolina Court Administration Case Management System:
- Access the South Carolina Courts Case Management Portal
- Create a user account if required
- Select Berkeley County and the appropriate court
- Enter search parameters
- View case information and available documents
Municipal Court Records: Individual municipalities within Berkeley County may maintain separate online systems for their court records. Users should visit the specific municipal website for access instructions.
When searching online, users should note that:
- Not all court documents are available electronically
- Some records may require in-person requests
- Older records may not be digitized
- Certain confidential or sealed records will not appear in public searches
- Document availability varies by court and case type
How To Search Berkeley County Court Records for Free?
South Carolina law guarantees the public's right to inspect court records without charge, as established in S.C. Code Ann. § 30-4-30(a), which states that "any person has a right to inspect, copy, or receive copies of any public record of a public body." While inspection is free, fees may apply for copies or certified documents.
Free options for accessing Berkeley County court records include:
In-Person Inspection:
- Visit the Berkeley County Courthouse during regular business hours
- Request to view specific case files at the appropriate clerk's office
- Examine records on-site at no charge
- Take notes from records without incurring fees
Free Online Resources:
- South Carolina Judicial Department Public Index - Provides free basic case information for Circuit, Family, and Magistrate courts
- Berkeley County Court Calendar - Offers free access to upcoming court schedules
- South Carolina Appellate Case Search - Provides free access to appellate cases that may involve Berkeley County matters
Public Access Terminals:
- Computer terminals available at the Berkeley County Courthouse
- Located in the Clerk of Court's office
- Provide free access to electronic court records
- May offer more comprehensive access than public websites
While basic record searches are free, users should be aware that fees may apply for:
- Printed copies (typically $0.25-$1.00 per page)
- Certified copies of documents
- Record searches conducted by court staff
- Expedited processing
- Mailing or electronic delivery of documents
What's Included in a Berkeley County Court Record?
Berkeley County court records contain various documents and information depending on the case type and court of jurisdiction. A comprehensive court record typically includes:
Case Initiation Documents:
- Complaints or petitions
- Summonses
- Indictments or informations (in criminal cases)
- Filing date and case number
- Court assignment information
Party Information:
- Names of plaintiffs, defendants, petitioners, or respondents
- Attorney information when represented
- Contact information (may be redacted in public versions)
- Service of process documentation
Procedural Documents:
- Motions and responses
- Court orders and rulings
- Hearing notices and continuances
- Subpoenas
- Discovery documents (when filed with the court)
- Certificates of service
Disposition Documents:
- Judgments
- Verdicts
- Sentencing information (in criminal cases)
- Settlement agreements (when filed)
- Dismissal orders
- Appeals information
Financial Information:
- Filing fees paid
- Court costs assessed
- Fines imposed
- Restitution orders
- Payment records
Supplemental Materials:
- Exhibits (when retained as part of the record)
- Transcripts (when prepared)
- Affidavits
- Witness lists
- Expert reports
The content of court records is governed by the South Carolina Rules of Civil Procedure, South Carolina Rules of Criminal Procedure, and other court rules that specify required filings for different case types.
How Long Does Berkeley County Keep Court Records?
Berkeley County maintains court records according to retention schedules established by the South Carolina Department of Archives and History pursuant to S.C. Code Ann. § 30-1-90. These schedules vary by record type and significance:
Permanent Retention:
- Circuit Court judgment rolls in civil and criminal cases
- Family Court final decrees in divorce, adoption, and name change cases
- Probate Court wills, estate administration records, and guardianship files
- Court docket books and indexes
- Grand jury reports
- Death penalty case files
Extended Retention (25+ years):
- Felony criminal case files (25 years after case closure)
- Civil case files involving real property (25 years)
- Domestic relations cases involving minor children (until youngest child reaches age 21 plus 15 years)
- Juvenile delinquency records (until subject reaches age 21 plus retention period)
Medium-Term Retention (7-15 years):
- Misdemeanor criminal cases (10 years after case closure)
- Civil cases not involving real property (10 years)
- Traffic cases resulting in points against driving record (10 years)
- Small claims court cases (10 years)
Shorter-Term Retention (3-7 years):
- Minor traffic violations (3 years after disposition)
- Dismissed cases (3 years after dismissal)
- Preliminary hearing records (5 years)
- Court recordings and stenographic notes (7 years)
The South Carolina Department of Archives and History provides the complete Records Retention Schedules that govern court records. After the retention period expires, records may be transferred to the state archives for historical preservation or destroyed according to approved procedures.
Types of Courts In Berkeley County
Berkeley County's judicial system consists of several courts with varying jurisdictions and authority levels:
Berkeley County Circuit Court
300 California Avenue
Moncks Corner, SC 29461
(843) 719-4400
Berkeley County Circuit Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
The Circuit Court is divided into two divisions:
- Common Pleas (civil matters)
- General Sessions (criminal matters)
Berkeley County Family Court
300 California Avenue
Moncks Corner, SC 29461
(843) 719-4430
Berkeley County Family Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Berkeley County Probate Court
300 California Avenue
Moncks Corner, SC 29461
(843) 719-4514
Berkeley County Probate Court
Hours: Monday-Friday, 9:00 AM - 5:00 PM
Berkeley County Magistrate Courts:
Moncks Corner Magistrate Court
223 North Live Oak Drive
Moncks Corner, SC 29461
(843) 719-4129
Berkeley County Magistrate Courts
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Goose Creek Magistrate Court
303 North Goose Creek Boulevard
Goose Creek, SC 29445
(843) 719-4780
Berkeley County Magistrate Courts
Hours: Monday-Friday, 8:30 AM - 5:00 PM
St. Stephen Magistrate Court
2356 Highway 35
St. Stephen, SC 29479
(843) 567-3837
Berkeley County Magistrate Courts
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Municipal Courts:
Goose Creek Municipal Court
519 North Goose Creek Boulevard
Goose Creek, SC 29445
(843) 863-5200
Goose Creek Municipal Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Moncks Corner Municipal Court
118 Carolina Avenue
Moncks Corner, SC 29461
(843) 719-7900
Moncks Corner Municipal Court
Hours: Monday-Friday, 9:00 AM - 5:00 PM
The court hierarchy in South Carolina proceeds from lower courts (Municipal and Magistrate) to Circuit Court, then to the South Carolina Court of Appeals, and finally to the South Carolina Supreme Court for appeals.
What Types of Cases Do Berkeley County Courts Hear?
Berkeley County's various courts have distinct jurisdictional authority to hear specific types of cases:
Circuit Court - Common Pleas (Civil Division):
- Civil actions where the amount in controversy exceeds $7,500
- Real property disputes
- Complex business litigation
- Appeals from Magistrate and Municipal courts
- Administrative agency appeals
- Injunctions and equitable relief
- Foreclosures
- Civil forfeitures
Circuit Court - General Sessions (Criminal Division):
- Felony criminal cases
- Misdemeanors not within Magistrate Court jurisdiction
- Criminal appeals from lower courts
- Post-conviction relief proceedings
- Criminal forfeitures
- Expungement petitions
Family Court:
- Divorce proceedings
- Child custody and visitation
- Child support and alimony
- Adoption
- Juvenile delinquency cases
- Child abuse and neglect
- Name changes
- Domestic violence protection orders
- Paternity actions
Probate Court:
- Wills and estate administration
- Guardianships and conservatorships
- Mental health commitments
- Marriage licenses
- Minor settlements
- Trust administration
Magistrate Courts:
- Civil cases with claims up to $7,500
- Landlord-tenant disputes and evictions
- Small claims
- Misdemeanor criminal cases with penalties up to 30 days imprisonment or $500 fine
- Traffic violations
- Preliminary hearings for felony cases
- Setting bail for criminal defendants
- Issuance of arrest and search warrants
Municipal Courts:
- Municipal ordinance violations
- Traffic offenses within city limits
- Misdemeanors punishable by fine or imprisonment not exceeding 30 days
- Quality of life infractions (noise violations, public intoxication)
- Business license violations
Case assignment is determined by statutory jurisdiction as outlined in the South Carolina Code of Laws Title 14, which establishes the structure and authority of the state's court system.
How To Find a Court Docket In Berkeley County
Court dockets in Berkeley County provide schedules of upcoming hearings, trials, and other court proceedings. Members of the public may access these dockets through several methods:
Online Docket Access:
- Visit the South Carolina Judicial Department website
- Select "Court Calendars" from the main menu
- Choose Berkeley County from the county list
- Select the court type (Circuit, Family, etc.)
- View the current court calendar showing scheduled cases
Berkeley County Clerk of Court Website:
- Navigate to the Berkeley County Clerk of Court page
- Select "Court Calendars" from the menu options
- Choose the specific court calendar needed
- Review the published schedule of upcoming proceedings
In-Person Docket Review:
- Visit the Berkeley County Courthouse
- Proceed to the appropriate clerk's office
- Request to view the current docket or court calendar
- Dockets are typically posted on bulletin boards near courtrooms
Telephone Inquiry:
- Contact the appropriate court clerk's office
- Provide case information if inquiring about a specific case
- Request information about upcoming court dates
For Circuit Court dockets, call (843) 719-4400 For Family Court dockets, call (843) 719-4430 For Probate Court dockets, call (843) 719-4514 For Magistrate Court dockets, call the specific magistrate office
Court dockets typically include:
- Case numbers
- Party names
- Hearing types
- Scheduled dates and times
- Assigned courtrooms
- Presiding judges
Docket information is updated regularly but may change due to continuances, settlements, or other scheduling adjustments. The South Carolina Courts Case Management System also provides case-specific scheduling information for registered users.
Which Courts in Berkeley 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 or recordings of proceedings and comprehensive documentation of all case activities. Conversely, "courts not of record" do not maintain such complete records and typically handle less serious matters.
According to S.C. Code Ann. § 14-25-45 and related statutes, the following Berkeley County courts are classified as courts not of record:
Municipal Courts:
- Goose Creek Municipal Court
- Moncks Corner Municipal Court
- Hanahan Municipal Court
- Jamestown Municipal Court
- St. Stephen Municipal Court
Characteristics of these non-record courts:
- No court reporter is required to transcribe proceedings
- Audio recordings may be made but are not required by law
- Appeals from these courts are heard de novo (completely new trial) in Circuit Court
- Limited record-keeping requirements compared to higher courts
- Simplified procedures for minor offenses
Magistrate Courts: While Magistrate Courts maintain more extensive records than Municipal Courts, they are also technically classified as courts not of record under South Carolina law. Appeals from Magistrate Court decisions are heard de novo in Circuit Court, indicating their status as non-record courts.
All other courts in Berkeley County, including Circuit Court, Family Court, and Probate Court, are courts of record as defined by S.C. Code Ann. § 14-5-10 and related statutes. These courts maintain complete records of all proceedings, which serve as the official record for any appeals to higher courts.
The distinction between courts of record and non-record courts is important for understanding appeal procedures and the level of documentation available for past proceedings.