During most of the colonial period, South Carolina had only a single court which met in Charles Town. By the 1760s, due to expansion of settlement, Charles Town became too far away for the majority of the population, which now resided in the backcountry. In 1768, largely as a result of the Regulator Movement, the Circuit Court Act was passed by the SC Legislature. This Act was nullified by the British Parliament, but the re-introduction of the Act in 1769 was finally approved.

Soon after the Act took effect in 1769; seven circuit court districts were established and court houses were set up for each district. In Ninety-Six District the court house was established in the village of Ninety-Six. The map below shows the seven district court boundaries; these district courts continued to function into the post-Revolutionary War period. During the period of 1769-1776, the northwestern corner of South Carolina was still a part of the Cherokee Nation. However, after several skirmishes with the Cherokees during 1776, this area was ceded to the state of South Carolina by a treaty signed with the Cherokees in 1777.