Current Status Introducing Body:Senate Bill Number:441 Primary Sponsor:Richter Committee Number:11 Type of Legislation:GB Subject:Fees and costs in civil actions Residing Body:Senate Current Committee:Judiciary Computer Document Number:441 Introduced Date:19930218 Last History Body:Senate Last History Date:19930218 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Richter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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441 Senate 19930218 Introduced, read first time, 11
referred to Committee
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TO AMEND ITEM 11(a) OF SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS, SO AS TO PROVIDE THAT PARTIES IN CIVIL ACTIONS SHALL DEPOSIT ONE HUNDRED DOLLARS IN ADDITION TO THE FILING FEE FOR FILING A FIRST COMPLAINT OR PETITION WITH THE COURT, WHICH SHALL BE USED TO REIMBURSE THE PREVAILING PARTY FOR FILING EXPENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-21-310(11)(a) of the 1976 Code is amended to read:
"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five sixty dollars.
(1) Each litigant in a civil action shall deposit at the time of filing an initial pleading one hundred dollars in addition to the filing fee for filing a first complaint or petition with the court. The prevailing litigant or litigants shall be entitled to a refund of the one hundred dollar deposit. The losing litigant or litigants shall not receive a refund and the proceeds of the deposit shall be divided and distributed as follows: one-quarter to the state's general fund, one-quarter to the county's general fund, and one-half to the judicial department to be utilized at the discretion of the Chief Justice of the State Supreme Court. For the purpose of this section, any litigant against whom relief is granted shall be considered a losing litigant.
(2) When a case is disposed of by settlement, each litigant shall receive a refund of one-half of the one hundred dollar deposit.
(3) In the event a litigant is released or dismissed as a party defendant in a civil suit, one-half of the deposit made by the litigant released from the proceeding shall be refunded to such litigant.
If refunds are granted any litigant from the deposit under items (2) and (3) of this subsection, any remaining portions of the deposit shall be dispersed to the judicial department to be utilized at the discretion of the Chief Justice of the State Supreme Court. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. Of the fifty-five sixty dollar fee thirty-five forty dollars is subject to the disposition provision of Section 20-7-1510 and the remaining twenty dollars must be remitted to the State and deposited to the credit of the general fund of the State;"
SECTION 2. This act takes effect upon approval by the Governor.