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.
S.C. Code Ann. § 14-25-105
Municipal judge to make return to Court of Common Pleas in event of appeal; no appeal de novo
Applied in 9 court decisions — leading case In Re the Treatment & Care of Luckabaugh (2002)
Most recently applied in City of Greer v. Humble (March 2013)
1980 Act No. 480, eff January 1, 1981; 1994 Act No. 520, SECTION 3, eff September 23, 1994.
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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.