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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 5 — District Courts

§ 121. South Carolina

Statutory text

South Carolina constitutes one judicial district comprising eleven divisions.

(1)

The Charleston Division comprises the counties of Berkeley, Charleston, Clarendon, Colleton, Dorchester, and Georgetown.

Court for the Charleston Division shall be held at Charleston.

(2)

The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter.

Court for the Columbia Division shall be held at Columbia.

(3)

The Florence Division comprises the counties of Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg.

Court for the Florence Division shall be held at Florence.

(4)

The Aiken Division comprises the counties of Aiken, Allendale, and Barnwell.

Court for the Aiken Division shall be held at Aiken.

(5)

The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg.

Court for the Orangeburg Division shall be held at Orangeburg.

(6)

The Greenville Division comprises the counties of Greenville and Laurens.

Court for the Greenville Division shall be held at Greenville.

(7)

The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York.

Court for the Rock Hill Division shall be held at Rock Hill.

(8)

The Greenwood Division comprises the counties of Abbeville, Edgefield, Greenwood, McCormick, Newberry, and Saluda.

Court for the Greenwood Division shall be held at Greenwood.

(9)

The Anderson Division comprises the counties of Anderson, Oconee, and Pickens.

Court for the Anderson Division shall be held at Anderson.

(10)

The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union.

Court for the Spartanburg Division shall be held at Spartanburg.

(11)

The Beaufort Division comprises the counties of Beaufort, Hampton, and Jasper.

Court for the Beaufort Division shall be held at Beaufort.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 121

    June 25, 1948, ch. 646, 62 Stat. 889

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 889

  2. Pub. L. 89–242 § 1(a) · 79 Stat. 951

    Changed · 28 U.S.C. § 121

    Pub. L. 89–242 consolidated into a single district the 10 divisions of the state which had formerly been divided into an Eastern and a Western District

    Source evidence

    Code amendment note
    Pub. L. 89–242 consolidated into a single district the 10 divisions of the state which had formerly been divided into an Eastern and a Western District.

  3. Judicial Housekeeping Act of 1986

    Pub. L. 99–657 § 2(1) · 100 Stat. 3670

    Substituted · 28 U.S.C. § 121

    Pub. L. 99–657, § 2(1), substituted “eleven divisions” for “ten divisions” in introductory text

    Source evidence

    Code amendment note
    Pub. L. 99–657, § 2(1), substituted “eleven divisions” for “ten divisions” in introductory text.

    Enacted provision · exact public law section
    (1) by striking “ten divisions” and inserting “eleven divisions”;

    Effective date note
    Pub. L. 99–657, § 4, Nov. 14, 1986, 100 Stat. 3670, provided that:

  4. Judicial Housekeeping Act of 1986

    Pub. L. 99–657 § 2(2) · 100 Stat. 3670

    1. Struck · 28 U.S.C. § 121(1)

      Pub. L. 99–657, § 2(2), struck out “Beaufort,” after “counties of”

    2. Substituted · 28 U.S.C. § 121(1)

      Pub. L. 99–657, § 2(2), substituted “and Georgetown” for “Georgetown, and Jasper”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 99–657, § 2(2), struck out “Beaufort,” after “counties of” and substituted “and Georgetown” for “Georgetown, and Jasper”.

    Enacted provision · exact public law section
    (2) in paragraph (1)— (A) by striking “Beaufort,”; and (B) by striking “Georgetown, and Jasper” and inserting “and Georgetown”; and

    Effective date note
    Pub. L. 99–657, § 4, Nov. 14, 1986, 100 Stat. 3670, provided that:

  5. Judicial Housekeeping Act of 1986

    Pub. L. 99–657 § 2(3) · 100 Stat. 3670

    Added · 28 U.S.C. § 121(11)

    Pub. L. 99–657, § 2(3), added par. (11)

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 99–657, § 2(3), added par. (11).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(11) The Beaufort Division comprises the counties of Beaufort and Jasper. “Court for the Beaufort Division shall be held at Beaufort.”.

    Effective date note
    Pub. L. 99–657, § 4, Nov. 14, 1986, 100 Stat. 3670, provided that:

  6. The Judiciary Appropriations Act, 1992

    Pub. L. 102–140 § 304(1) · 105 Stat. 782

    Struck · 28 U.S.C. § 121(4)

    Pub. L. 102–140, § 304(1), struck out reference to Hampton County

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 102–140, § 304(1), struck out reference to Hampton County.

    Enacted provision · exact public law section
    (1) in the first sentence of paragraph (4) by striking out “Barnwell, and Hampton” and inserting in lieu thereof “and Barnwell”; and

  7. The Judiciary Appropriations Act, 1992

    Pub. L. 102–140 § 304(2) · 105 Stat. 782

    Inserted · 28 U.S.C. § 121(11)

    Pub. L. 102–140, § 304(2), inserted reference to Hampton County

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 102–140, § 304(2), inserted reference to Hampton County.

    Enacted provision · exact public law section
    (2) in the first sentence of paragraph (11) by inserting “, Hampton,” before “and Jasper”.

6 of 8 references resolved to an enrolled provision · 2 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 186 (Mar. 3, 1911, ch. 231, § 105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60; Mar. 3, 1915, ch. 100, § 5, 38 Stat. 961; Sept. 1, 1916, ch. 434, 39 Stat. 721; Mar. 4, 1923, ch. 261, 42 Stat. 1486; Jan. 30, 1925, ch. 118, 43 Stat. 800; June 26, 1926, ch. 696, §§ 1–3, 44 Stat. 773; June 20, 1936, ch. 637, §§ 1–3, 49 Stat. 1558, 1559; June 12, 1940, ch. 335, 54 Stat. 344; June 28, 1943, ch. 173, title II, § 204, 57 Stat. 244; Dec. 13, 1944, ch. 556, 58 Stat. 801).

The last sentence of section 186 of title 28, U.S.C., 1940 ed., relating to trial of criminal cases in the division in which the offense was committed, was omitted as fully covered by Rules 18–22 of the Federal Rules of Criminal Procedure.

A provision relating to the places of the clerks’ offices was omitted as covered by section 751 of this title.

The provision respecting court accommodations at Orangeburg was omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

Editorial Notes

Amendments1965–1991 · 3 rounds

1991

Par. (4). Pub. L. 102–140, § 304(1), struck out reference to Hampton County.

Par. (11). Pub. L. 102–140, § 304(2), inserted reference to Hampton County.

1986

Pub. L. 99–657, § 2(1), substituted “eleven divisions” for “ten divisions” in introductory text.

Par. (1). Pub. L. 99–657, § 2(2), struck out “Beaufort,” after “counties of” and substituted “and Georgetown” for “Georgetown, and Jasper”.

Par. (11). Pub. L. 99–657, § 2(3), added par. (11).

1965

Pub. L. 89–242 consolidated into a single district the 10 divisions of the state which had formerly been divided into an Eastern and a Western District.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–657, § 4, , 100 Stat. 3670, provided that:

“(a)

Effective Date.—

(1)

The amendments made by sections 2 and 3 [amending this section and section 90 of this title] take effect 90 days after the date of the enactment of this Act [].

“(2)

The amendment made by section 4 [enacting this note] takes effect on the date of the enactment of this Act.

“(b)

Pending Actions.—

The amendments made by this Act [amending this section and section 90 of this title] shall not affect any action commenced before the effective date of such amendments and pending on such date.

“(c)

Juries.—

The amendments made by this Act [amending this section and section 90 of this title] shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on the effective date of such amendments.”

Effective Date of 1965 Amendment

Pub. L. 89–242, § 6, , 79 Stat. 953, provided that: “The provisions of this Act [amending this section and section 133 of this title and enacting provisions set out as a note below] shall become effective on the first day of the month following the date of enactment of this Act [].”

Consolidation of South Carolina Into a Single Judicial District

Pub. L. 89–242, §§ 2–5, , 79 Stat. 952, 953, provided for the consolidation, in compliance with section 132 of this title, of the Eastern and Western Districts of South Carolina into a single district with continuing jurisdiction over civil cases and criminal acts pending or committed prior to , and appropriate provisions for the appointment or transfer of United States attorneys, marshals, and other court personnel, then serving, from the two districts to the consolidated district.

Credits

1948–1991 · 4 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 889
  2. 1965Pub. L. 89–242, § 1(a), , 79 Stat. 951
  3. 1986Pub. L. 99–657, § 2, , 100 Stat. 3670
  4. 1991Pub. L. 102–140, title III, § 304, , 105 Stat. 810.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89–242, § 1(a), , 79 Stat. 951; Pub. L. 99–657, § 2, , 100 Stat. 3670; Pub. L. 102–140, title III, § 304, , 105 Stat. 810.)

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