Current Status Introducing Body:House Bill Number:3690 Primary Sponsor:Sheheen Committee Number:25 Type of Legislation:GB Subject:Courts, appellate jurisdiction Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/18306.SD Introduced Date:Mar 14, 1991 Last History Body:House Last History Date:Mar 14, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sheheen Wilkins Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3690 House Mar 14, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Pursuant to Article V, Section 4A of the Constitution of this State, the Supreme Court of South Carolina has promulgated the South Carolina Appellate Court Rules governing practice and procedure before the Supreme Court and the Court of Appeals, which rules were not disapproved by the General Assembly. It is the intent of the General Assembly by this legislation to amend those provisions of the 1976 Code which must be conformed to the new provisions of the Appellate Court Rules and to repeal those provisions of the 1976 Code which are replaced by the Appellate Court Rules.
SECTION 2. Section 14-3-330(4) of the 1976 Code is amended to read:
"(4) An interlocutory order or decree in a court of common pleas granting, continuing, modifying or refusing an injunction or granting, continuing, modifying or refusing the appointment of a receiver; provided, that the notice of appeal in any such case must be given within ten days from written notice of the filing of such interlocutory order or decree."
SECTION 3. Section 18-9-10 of the 1976 Code is amended to read:
"Section 18-9-10. An appeal may be taken to the Supreme Court in the cases mentioned in Sections 14-3-320 and 14-3-330. The procedure for taking an appeal is as provided by the South Carolina Appellate Court Rules."
SECTION 4. Sections 14-3-650, 18-9-250, 18-9-300, and 20-7-2225 of the 1976 Code are repealed.
SECTION 5. In event of conflict between any provision of the South Carolina Appellate Court Rules and any other statutory provisions as to appellate procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil or criminal matter in the courts of this State but shall affect only matters of appellate procedure.
SECTION 6. This act takes effect upon approval by the Governor.