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Session 118 - (2009-2010)Printer Friendly
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S 0571 General Bill, By Elliott
Summary: Probate court
A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF CASES FROM PROBATE COURT TO CIRCUIT COURT, SO AS TO PROVIDE A PROBATE COURT MUST MAKE A FINDING OF GOOD CAUSE BEFORE A CASE MAY BE REMOVED FROM PROBATE COURT TO CIRCUIT COURT; TO PROVIDE A PROBATE COURT SHALL HOLD A HEARING ON A PARTY'S MOTION FOR REMOVAL AND ISSUE A WRITTEN ORDER MAKING A SPECIFIC FACTUAL FINDING THAT GOOD CAUSE FOR THE REMOVAL DOES NOT EXIST; AND TO PROVIDE REMOVAL FROM PROBATE COURT TO CIRCUIT COURT OF A MATTER WITHIN THE EXCLUSIVE JURISDICTION OF THE PROBATE COURT ONLY APPLIES TO THE PARTICULAR ACTION OR PROCEEDING BEING REMOVED, AND THE PROBATE COURT OTHERWISE RETAINS CONTINUING AND EXCLUSIVE JURISDICTION.
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Summary: Probate court
A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF CASES FROM PROBATE COURT TO CIRCUIT COURT, SO AS TO PROVIDE A PROBATE COURT MUST MAKE A FINDING OF GOOD CAUSE BEFORE A CASE MAY BE REMOVED FROM PROBATE COURT TO CIRCUIT COURT; TO PROVIDE A PROBATE COURT SHALL HOLD A HEARING ON A PARTY'S MOTION FOR REMOVAL AND ISSUE A WRITTEN ORDER MAKING A SPECIFIC FACTUAL FINDING THAT GOOD CAUSE FOR THE REMOVAL DOES NOT EXIST; AND TO PROVIDE REMOVAL FROM PROBATE COURT TO CIRCUIT COURT OF A MATTER WITHIN THE EXCLUSIVE JURISDICTION OF THE PROBATE COURT ONLY APPLIES TO THE PARTICULAR ACTION OR PROCEEDING BEING REMOVED, AND THE PROBATE COURT OTHERWISE RETAINS CONTINUING AND EXCLUSIVE JURISDICTION.
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03/11/09 | Senate | Introduced and read first time SJ-6 |
03/11/09 | Senate | Referred to Committee on Judiciary SJ-6 |
03/13/09 | Senate | Referred to Subcommittee: Malloy (ch), Ford, Massey, S.Martin, Mulvaney |