April 21, 2008

Opinion questioning whether S.C. Code Ann. Section 22-3-230 which states that “[e]ither party to a suit before a magistrate shall be entitled to a trial by jury” would change the result of a previous opinion dated March 19, 2008. That opinion dealt with the question of whether a defendant in a restraining order hearing pursuant to S.C. Code Ann. 16-3-1750 et seq. has the right to a jury trial.

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Requested by: The Honorable C. Ryan Johnson, Magistrate, Greenwood County

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