Can I have a jury trial in a small claims court case?
No, you cannot have a jury trial in a small claims court case in South Carolina. Small claims court is an informal court which is designed to provide a quick and easy resolution to minor disputes involving money damage. A jury trial is not available in small claims court. Instead, disputes are heard by a judge or magistrate who will decide the facts of the case and will issue a verdict. In South Carolina, small claims court allows individuals to recover amounts up to $7,500. Lawyers are usually not allowed in small claims court. However, defendants may be represented by a lawyer and can call witness to give testimony. Parties may appeal a small claims court verdict, however, parties may not appeal the small claims court to request a jury trial. A jury trial is only available in regular civil court if the parties still cannot reach an agreement. Although jury trials are not available in small claims court, it still provides an inexpensive and informal way for people to resolve minor disputes. Small claims court provides parties with a quicker solution than a jury trial in the regular civil court system.
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