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South Carolina Code

S.C. Code Ann. § 63-3-640 (2026)

Post conviction proceedings

✓ current as of May 2026
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Post conviction proceedings, including habeas corpus actions, shall be instituted in the court in which the original action was concluded; provided, however, that the family courts shall also have original jurisdiction of habeas corpus actions if the person who is the subject of the action would otherwise be within the jurisdiction of the family court.

HISTORY: 2008 Act No. 361, SECTION 2.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: In the Interest of Kevin R., 762 S.E.2d 387 (S.C. 2014).
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In the Interest of Kevin R., 762 S.E.2d 387 (S.C. 2014). · cites it 4× “See S.C. Code Ann. § 63-3-640 (2010) ("Post conviction proceedings, including habeas corpus actions, shall be instituted in the court in which the original action was concluded; provided, however, that the family courts shall also have original jurisdiction of habeas corpus…”
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