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Terms Used In South Carolina Code 15-17-40

  • Arrest: Taking physical custody of a person by lawful authority.
  • clerk: as used in this title , signifies the clerk of the court where the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified. See South Carolina Code 15-1-60
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
An order for the arrest of the defendant must be obtained from a judge, magistrate or clerk of the court in which or before whom the action is brought.