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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator L. Martin
Document Path: l:\council\bills\ms\7095ahb13.docx
Companion/Similar bill(s): 3234
Introduced in the Senate on January 23, 2013
Introduced in the House on February 25, 2014
Last Amended on February 19, 2014
Currently residing in the House Committee on Judiciary
Summary: Certification of domestic and foreign records
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/23/2013 Senate Introduced and read first time (Senate Journal-page 6) 1/23/2013 Senate Referred to Committee on Judiciary (Senate Journal-page 6) 2/1/2013 Senate Referred to Subcommittee: Malloy (ch), Campsen, Hembree, McElveen, Thurmond 2/5/2014 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 24) 2/19/2014 Senate Committee Amendment Adopted (Senate Journal-page 28) 2/19/2014 Senate Read second time (Senate Journal-page 28) 2/19/2014 Senate Roll call Ayes-44 Nays-0 (Senate Journal-page 28) 2/20/2014 Senate Read third time and sent to House (Senate Journal-page 9) 2/25/2014 House Introduced and read first time (House Journal-page 7) 2/25/2014 House Referred to Committee on Judiciary (House Journal-page 7)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
COMMITTEE AMENDMENT ADOPTED
February 19, 2014
S. Printed 2/19/14--S.
Read the first time January 23, 2013.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-5-520 SO AS TO PROVIDE A PROCEDURE FOR THE CERTIFICATION OF DOMESTIC AND FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY, OR BUSINESS RECORDS, IN ACCORDANCE WITH FEDERAL RULE 902(11) AND (12).
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 5, Title 19 of the 1976 Code is amended by adding:
"Section 19-5-520. In addition to those matters provided by Rule 902, South Carolina Rules of Evidence, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(1) The original or a copy of a domestic record that meets the requirements of Rule 803(6), South Carolina Rules of Evidence, as shown by a certification of the custodian or another qualified person that complies with a state statute or a court rule. Before the trial or hearing, the proponent shall give an adverse party reasonable written notice of the intent to offer the record and shall make the record and certification available for inspection so that the party has a fair opportunity to challenge the record.
(2) In a civil case, the original or a copy of a foreign record that meets the requirements of subsection (1), modified as follows: the certification, rather than complying with a state statute or court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the jurisdiction where the certification is signed. The proponent also shall meet the notice requirements of subsection (1)."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on February 26, 2014 at 10:53 AM