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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
Currently residing in the Senate 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
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VERSIONS OF THIS BILL
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).
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, Supreme Court 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), 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 must give an adverse party reasonable written notice of the intent to offer the record and must make the record and certification available for inspection so that the party has a fair opportunity to challenge them.
(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 country where the certification is signed. The proponent also must meet the notice requirements of subsection (1)."
SECTION 2. This act takes effect upon approval by the Governor.
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