S 327 Session 111 (1995-1996)
S 0327 General Bill, By Giese
Similar(H 3090)
A Bill to amend Section 8-21-1010, as amended, Code of Laws of South Carolina,
1976, relating to the schedule of fees and costs to be collected in
magistrate's court so as to revise certain of these fees and costs including
an additional fee if a jury trial is requested in a civil action, and to amend
Section 8-21-1060, as amended, relating to other fees and costs to be
collected in magistrate's court, so as to delete the fee for summoning jurors
in a civil action.
01/10/95 Senate Introduced and read first time SJ-136
01/10/95 Senate Referred to Committee on Judiciary SJ-136
A BILL
TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN
MAGISTRATE'S COURT SO AS TO REVISE CERTAIN OF
THESE FEES AND COSTS INCLUDING AN ADDITIONAL FEE
IF A JURY TRIAL IS REQUESTED IN A CIVIL ACTION, AND
TO AMEND SECTION 8-21-1060, AS AMENDED, RELATING
TO OTHER FEES AND COSTS TO BE COLLECTED IN
MAGISTRATE'S COURT, SO AS TO DELETE THE FEE FOR
SUMMONING JURORS IN A CIVIL ACTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 8-21-1010 of the 1976 Code, as last
amended by Act 678 of 1988, is further amended to read:
"Section 8-21-1010. Except as otherwise expressly
provided, the following fees and costs must be collected by the
magistrates and deposited in the general fund of the county:
(1) for taking civil recognizance, with or without sureties, five
dollars;
(2) for granting an order for civil special bail, with or without
sureties, five dollars;
(3) for receiving and filing bond in claim and delivery,
attachment, five dollars; if justification of sureties required, an
additional five dollars;
(4) for administering and certifying oaths or documents in
writing, two dollars;
(5) for issuing any prerogative writ, five dollars;
(6)(a) in all civil actions where the amount in
controversy is one thousand dollars or less, for issuing a
summons and a copy for defendant, and for giving judgment with
or without a hearing, twenty-five dollars;
(b) in all civil actions where the amount in
controversy is more than one thousand dollars but not exceeding
five thousand dollars, for issuing a summons and a copy for
defendant, and for giving judgment with or without a hearing, fifty
dollars;
(7) for issuing execution and renewal thereof, ten dollars;
(8) for making up, certifying, and forwarding a transcript of
record and judgment in a case for purpose of appeal, ten dollars;
(9) for proceedings by a landlord or lessor against a tenant or
lessee, including notices to quit, eviction orders, or recovery of
rents, ten twenty-five dollars;
(10) for proceedings on a coroner's inquest, as prescribed by
law, ten dollars, if inquest is demanded by a party other than the
State or county or authorized officer of either;
(11) for proceeding on estrays, including judgment for
possession, sale, or damages, ten dollars;
(12) for qualifying appraisers to set off homestead or qualifying
sureties on a bond posted in a case, including bail bonds, five
dollars;
(13) for each tax execution collected, five dollars;
(14) for filing or issuing any other paper not provided for in this
section, five dollars.
No fees or costs may be assessed against a party for summoning
jurors or expense of jury service in a criminal case in which a trial
by jury is had. Where a jury trial is requested in a civil action
in magistrate's court, an additional fee of seventy-five dollars is
required whether or not the trial is held, to be paid by the party
requesting the jury trial at the time it is requested and to be taxed
against the losing party."
SECTION 2. Section 8-21-1060 of the 1976 Code, as last
amended by Act 678 of 1988, is further amended to read:
"Section 8-21-1060. Except as otherwise expressly
provided, the following fees and costs must be collected by the
magistrate or his officers and deposited in the general fund of the
county:
(1) for summoning a witness to magistrate court in a civil
action, three dollars, plus mileage at the current state rate;
(2) for summoning the jury panel to try a civil action in
magistrate court, five dollars, to be taxed against the losing party;
(3) for summoning a coroner's jury and witnesses, five
dollars, and mileage, to be paid only if inquest is demanded by
person other than the State, county, or authorized officer thereof;
(4)(3) for serving a summons, rule, order, or
notice by a magistrate in a civil action, five dollars, plus mileage;
(5)(4) for serving an attachment or civil arrest
on a person and making return thereof, five dollars, plus mileage;
(6)(5) for selling an estray, five percent of the
sale proceeds;
(7)(6) for levying execution, posting notice of
sale, conducting sale, and paying over proceeds in a magistrate
court action, ten dollars;
(8)(7) for serving warrants, or any other
criminal process, and for conveying prisoners by order of the
magistrate or other court, mileage as permitted under Section
8-21-1040."
SECTION 3. This act takes effect upon approval by the
Governor.
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