Current Status Introducing Body:House Bill Number:4295 Primary Sponsor:R. Young Committee Number:25 Type of Legislation:GB Subject:Civil court cases transferred to magistrate court Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3609.AL Introduced Date:Jan 29, 1992 Last History Body:House Last History Date:Jan 29, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:R. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4295 House Jan 29, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM CIVIL COURT TO MAGISTRATE'S COURT UPON PETITION OF ANY PARTY OR UPON THE COURT'S OWN MOTION TO THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF COMMON PLEAS, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE COURT OF COMMON PLEAS, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 22-3-15. (A) Notwithstanding the provisions of Section 22-3-10, a civil case, for which the amount claimed in the case does not exceed five thousand dollars, may be transferred from the court of common pleas if the provisions of this section are followed.
(B) (1) Upon petition by either party, or upon the court's own motion, the chief administrative court judge in the circuit may transfer one or more cases from the court of common pleas docket to a docket of a magistrate's court in the circuit for disposition.
(2) The judge must consider, but is not limited to, the following factors in granting the petition for transfer:
(a) case workload;
(b) age of the case;
(c) the speedy disposition of the case.
(3) If the judge has not denied the petition by either party within ten days from the date the petition is filed, the petition is considered granted.
(4) A case transferred to a magistrate's court not disposed of in one hundred eight days from the date of transfer automatically reverts to the docket of the court of common pleas.
(C) All cases transferred to magistrate's court must be recorded on tape and maintained by the clerk of court in the same manner as are tapes of the court of common pleas."
SECTION 2. This act takes effect upon approval by the Governor.