South Carolina Overhauls Magistrate Court Fees and Exam Rules Under H4813
A sweeping legislative update is altering the financial and operational framework of South Carolina’s local judiciary. Under H4813, signed into law on May 15, 2026, the state is set to implement higher fees for civil actions, evictions, and court filings across magistrate courts statewide, alongside updated validity windows for judicial eligibility examinations.
The changes arrive following a measured legislative process through the South Carolina General Assembly. Sponsored by Representatives Pope, C. Mitchell, Robbins, and Oremus during the 126th Session, the bill moved swiftly after its introduction in the House on January 13, 2026, and its subsequent arrival in the Senate on February 19, 2026. Following final amendments and ratification on May 14, 2026, the South Carolina General Assembly established a clear runway for implementation, setting the official effective date for January 1, 2027.
Financial Adjustments Across Civil and Landlord-Tenant Proceedings
The newly minted statute reshapes how everyday court operations are funded at the county level. Section 8-21-1010 of the S.C. Code outlines a restructured fee schedule for magistrates. In standard civil actions, issuing a summons and copy for a defendant alongside granting a judgment—with or without a hearing—moves to a fixed cost of sixty-five dollars. Meanwhile, proceedings initiated by a landlord or lessor against a tenant, encompassing notices to quit, eviction orders, and the recovery of rents, are established at forty dollars.
Additional adjustments touch nearly every administrative corner of the lower courts. Filing a bond in claim and delivery or attachment carries a ten-dollar fee, with an extra five dollars required if surety justification is demanded. Administering and certifying written oaths sits at two dollars, while issuing execution orders and renewals is set at twenty dollars. For citizens managing tax matters, each tax execution collected will cost five dollars.
Filing assessments under Section 22-3-340 add another layer to the ledger. An assessment of forty dollars is levied on all summons and complaint filings in magistrates court, while a fifteen-dollar assessment applies to all other civil filings, excluding restraining orders. These funds are designated for collection by the local court, forwarded monthly to the county treasurer, and ultimately remitted to the State Treasurer for judicial department allocation.
Directives for County Budgets and Revenue Allocation
The influx of new revenue carries strict statutory boundaries designed to prevent local governments from offsetting existing expenditures. According to the text of the legislation, any financial increases stemming from the fee revisions must be utilized to supplement, rather than supplant, existing funds. Counties are legally required to direct these auxiliary revenues toward maintaining sufficient facilities, personnel, and security necessary for the proper functioning of their respective magistrates courts.
Officers serving civil and criminal processes face parallel adjustments under Section 8-21-1060. Serving a summons, rule, order, or notice in a civil action costs twenty dollars, matching the twenty-dollar fee assigned to levying execution, posting sale notices, and conducting sales. Witnesses summoned to magistrate court in civil actions will be billed three dollars plus mileage at the current state rate.
Extending the Lifespan of Magistrate Eligibility Examinations
Beyond fiscal adjustments, H4813 modifies the administrative prerequisites for individuals seeking appointment to the bench. Section 22-2-5(A) governs the eligibility examinations historically administered by the South Carolina Court Administration in cooperation with the technical college system. These examinations test the basic skills of persons seeking an initial appointment as a magistrate, a requirement originally codified ahead of July 1, 2001.
Senatorial delegations rely on these examination scores to assist in selecting nominees for gubernatorial appointment, and a passing score remains an absolute prerequisite for eligibility. Under the newly enacted revisions, the validity window for these examination results has been adjusted. Results remain valid for eighteen months before and eighteen months after the time the appointment is to be made, providing a broader operational window for prospective jurists and nominating bodies as appointments are weighed ahead of the January 2027 transition.
