[tsunamix1]

just looking through the code of laws , in south carolina and i came across this:

SECTION 14-25-45. Powers, duties and jurisdiction of municipal courts.

Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have no jurisdiction in civil matters.

according the rules of civil procedure, which are the rules that deal with summons, is it possible to have a
summons to a municipal court?

b) Same: Form. The summons shall be signed by the plaintiff or his attorney, contain the name of the State and county, the name of the court, the file number of the action, and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.


no signature of the plaintiff on my summons!

(d) Summons: Personal Service. The summons and complaint must be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Voluntary appearance by defendant is equivalent to personal service; and written notice of appearance by a party or his attorney shall be effective upon mailing, or may be served as provided in this rule. Service shall be made as follows:

at the time of the stop , i only recieved a summons, no verified complaint, not even a verbal one from the policeman!, not that a verbal one would do. they must be copies

will this be enough to stop an arraignment?
lack of subject matter jurisdiction and/or improper service?

this is from the rules of magistrates court:

(a) Upon the filing of the complaint, and a copy with any attachments for each defendant, the court shall issue a summons to each defendant. The summons shall require that the defendant must answer and present any appropriate counterclaims within thirty (30) days (five (5) days in matters of $25.00 or less) from the first day after the date of service.

it appears they always jump the gun in the process, by serving the summons first.