Can I request a jury trial in a small claims court case?
No, you cannot request a jury trial in a small claims court case in South Carolina. Small claims courts, sometimes also called "Courts of Limited Jurisdiction," handle civil disputes involving amounts of money that are generally lower than the amount that would require a trial involving a jury. In South Carolina, the amount of money in dispute, exclusive of interest, costs and attorney fees, must not exceed $7,500 for a claimant to be eligible for a small claims court proceeding. In these hearings, a judge will hear the evidence, decide the issues, and render a decision. If you have a dispute with a person or business that is more than $7,500, the case would need to be brought before a higher court in the state. This requires filing a formal complaint with an affidavit and serving it to the other party involved. At this type of trial, both parties have the right to a jury trial if they choose. In conclusion, if you have a dispute involving an amount of money lower than $7,500, you do not have the right to a jury trial in a small claims court in South Carolina. If the amount exceeds that, then you may choose to file a case in a higher court with the right to request a jury trial.
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