South Carolina § 14-25-105 Municipal judge to make return to Court of Common Pleas in event of appeal; no appeal de novo.

South Carolina Statutes

§ 14-25-105 — Municipal judge to make return to Court of Common Pleas in event of appeal; no appeal de novo.

South Carolina § 14-25-105

Title 14COURTS

Ch. 25MUNICIPAL COURTS

This text of South Carolina § 14-25-105 (Municipal judge to make return to Court of Common Pleas in event of appeal; no appeal de novo.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 14-25-105 (2026).

Text

In the event of an appeal, the municipal judge shall make a return to the Court of Common Pleas, and the appeal must be heard by the presiding judge upon the return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided herein, the return shall include the reporter's transcript of the testimony. The return must be filed with the Clerk of the Court of Common Pleas of the county in which the trial was held and the cause must be placed on the motion calendar for the Court of Common Pleas. There shall be no trial de novo on any appeal from a municipal court.

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In the event of an appeal, the municipal judge shall make a return to the Court of Common Pleas, and the appeal must be heard by the presiding judge upon the return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided herein, the return shall include the reporter's transcript of the testimony. The return must be filed with the Clerk of the Court of Common Pleas of the county in which the trial was held and the cause must be placed on the motion calendar for the Court of Common Pleas. There shall be no trial de novo on any appeal from a municipal court.

Legislative History

HISTORY: 1980 Act No. 480, eff January 1, 1981; 1994 Act No. 520, SECTION 3, eff September 23, 1994. Editor's Note This section contains provisions dealing with matters formerly dealt with by SECTION 14-25-1010.