Understanding What to Expect at a Civil Trial in South Carolina

Whether you are the one bringing a lawsuit or the one being sued, facing a civil trial in South Carolina can feel overwhelming. For many people, it is their first time in a courtroom, and they are unsure of what the process looks like or how to prepare.

This guide will help walk you through what happens during a civil trial in South Carolina, from the first step to the final decision. It will also explain the difference between jury and bench trials and why having an attorney is so important during this process.

Before the Trial Begins

Most civil lawsuits begin long before a trial is scheduled. After a lawsuit is filed, both sides go through a process called discovery. During this time, they exchange documents, ask questions, and gather information to support their case. There might be depositions, which are formal interviews done under oath, and the court might rule on some legal issues before the trial even starts.

Sometimes, the case gets settled during this phase. But if it does not, a trial will be scheduled, and both parties will prepare to present their case in court.

Jury Trial vs. Bench Trial

In South Carolina, civil cases can be heard either by a jury or by a judge alone. A jury trial means a group of citizens listens to the evidence and decides the outcome. A bench trial means the judge handles both the legal decisions and the final ruling.

The type of trial depends on what the parties request. In many personal injury or contract cases, either side can ask for a jury. Some cases are better suited for a bench trial, especially when legal rules or technical issues are the main focus. Your attorney can help you decide which option is best for your situation.

What Happens During the Trial

Once the trial begins, both sides will have a chance to make opening statements. This is where each attorney outlines their side of the case and explains what they believe the evidence will show.

After opening statements, the plaintiff presents their evidence. This might include documents, photos, witness testimony, or expert opinions. Once the plaintiff finishes, the defendant has a turn to present their side.

Each side has the right to question the other’s witnesses. This is called cross-examination. The judge makes sure the rules are followed and may decide what evidence the jury can consider.

After both sides have presented their case, they make closing arguments. Then, if it is a jury trial, the judge will give the jury instructions and they will go into a private room to reach a verdict. In a bench trial, the judge will make the decision alone.

Why You Need an Attorney for a Civil Trial

A civil trial involves strict rules, deadlines, and courtroom procedures. Mistakes or missed opportunities can make a big difference in the outcome. An attorney knows how to present evidence, question witnesses, and respond to objections.

Your lawyer will also make sure your rights are protected at every stage of the case. They will know when to settle and when to push forward. Even if your case seems simple, the courtroom is not the place to go it alone.

You Do Not Have to Face It Alone

A civil trial in South Carolina is a serious matter, and the outcome can affect your finances, your business, or your personal life. Whether you are seeking justice or defending yourself, the right legal support can help you feel more confident and prepared every step of the way.

If you are heading toward a civil trial in South Carolina, contact Winslow Law today. With offices in Myrtle Beach, Pawleys Island, and Columbia, our attorneys are here to help you understand your rights and build a strong case.

Winslow Law—Committed counselors for our clients and community.

FAQs

1. Do I have the right to a jury trial in a civil case in South Carolina?

Yes, in South Carolina, you have the right to request a jury trial in most civil cases, especially those involving monetary damages or disputes over property. Either party can request a jury trial by making a timely demand. If no request is made, the case will typically be decided by a judge in what is known as a bench trial. Your attorney can help you determine whether a jury trial or bench trial is more appropriate for your specific situation.

2. What is the difference between a jury trial and a bench trial in South Carolina civil court?

In a jury trial, a group of citizens selected from the community listens to the evidence presented by both sides and determines the outcome of the case. In a bench trial, the judge alone hears the evidence and makes the final decision. Jury trials can be more time-consuming and involve additional procedures, such as jury selection and instructions. Bench trials are typically shorter and might be preferred in cases involving complex legal issues. The choice between a jury and bench trial can significantly impact the strategy and outcome of your case, so it is important to discuss this with your attorney.

3. How long does a civil trial typically last in South Carolina?

The duration of a civil trial in South Carolina can vary widely depending on the complexity of the case, the number of witnesses, and the court’s schedule. Some straightforward cases might be resolved in a day or two, while more complex cases involving multiple parties or detailed legal issues could take several days or even weeks. Your attorney can provide a more accurate estimate based on the specific details of your case and the court’s calendar.