H*3018 Session 108 (1989-1990)
H*3018(Rat #0032, Act #0020 of 1989) General Bill, By H.H. Clyborne
A Bill to amend Section 18-7-20, Code of Laws of South Carolina, 1976,
relating to an appeal from a judgment in a magistrate's or municipal court, so
as to change from ten to thirty days the time an appellant has to file his
notice of appeal; and Section 22-3-1000, relating to the time for making a
motion for a new trial, and the time a right of appeal exists, so as to
increase from five to twenty-five days the time a right of appeal exists from
a judgment after the refusal of a motion for a new trial.-amended title
12/08/88 House Prefiled
12/08/88 House Referred to Committee on Judiciary
01/10/89 House Introduced and read first time HJ-23
01/10/89 House Referred to Committee on Judiciary HJ-23
01/18/89 House Committee report: Favorable with amendment
Judiciary HJ-16
01/19/89 House Amended HJ-8
01/19/89 House Read second time HJ-9
01/24/89 House Read third time and sent to Senate HJ-21
01/25/89 Senate Introduced and read first time SJ-6
01/25/89 Senate Referred to Committee on Judiciary SJ-6
02/15/89 Senate Committee report: Favorable Judiciary SJ-7
02/21/89 Senate Read second time SJ-13
02/22/89 Senate Read third time and enrolled SJ-12
03/07/89 Ratified R 32
03/12/89 Signed By Governor
03/12/89 Effective date 03/12/89
03/12/89 Act No. 20
03/15/89 Copies available
(A20, R32, H3018)
AN ACT TO AMEND SECTION 18-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO AN APPEAL FROM A JUDGMENT IN A MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO
CHANGE FROM TEN TO THIRTY DAYS THE TIME AN APPELLANT HAS TO FILE HIS NOTICE OF
APPEAL; AND SECTION 22-3-1000, RELATING TO THE TIME FOR MAKING A MOTION FOR A NEW
TRIAL, AND THE TIME A RIGHT OF APPEAL EXISTS, SO AS TO INCREASE FROM FIVE TO
TWENTY-FIVE DAYS THE TIME A RIGHT OF APPEAL EXISTS FROM A JUDGMENT AFTER THE
REFUSAL OF A MOTION FOR A NEW TRIAL.
Be it enacted by the General Assembly of the State of South Carolina:
Notice of appeal
SECTION 1. Section 18-7-20 of the 1976 Code is amended to read:
"Section 18-7-20. The appellant, within thirty days after written notice
of judgment has been given him or his attorney by the magistrate, recorder, or
judge of the municipal court, except when the judgment is announced at the trial
in the presence of the appellant or his attorney then no written notice is
necessary, shall serve a notice of appeal, stating the grounds upon which the
appeal is founded. If the judgment is rendered upon process not personally
served and the defendant did not appear, he has thirty days after personal notice
of the judgment to serve the notice of appeal provided for in this section."
Motion for new trial
SECTION 2. Section 22-3-1000 of the 1976 Code is amended to read:
"Section 22-3-1000. No motion for a new trial may be heard unless made
within five days from the rendering of the judgment. The right of appeal from
the judgment exists for twenty-five days after the refusal of a motion for a new
trial."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |