Current Status Introducing Body:
SenateBill Number: 843Ratification Number: 181Act Number: 115Primary Sponsor: Committee (11)Type of Legislation: GBSubject: Appellate jurisdictionDate Bill Passed both Bodies: May 27, 1991Computer Document Number: CYY/18451.SDGovernor's Action: SDate of Governor's Action: Jun 05, 1991Introduced Date: Apr 03, 1991Date of Last Amendment: May 22, 1991Last History Body: ------Last History Date: Jun 05, 1991Last History Type: Act No. 115Scope of Legislation: StatewideSponsor Committee: JudiciarySponsor Committee Number: 11Type of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 843 ------ Jun 05, 1991 Act No. 115 843 ------ Jun 05, 1991 Signed by Governor 843 ------ May 30, 1991 Ratified R 181 843 Senate May 27, 1991 Concurred in House amendment, enrolled for ratification 843 House May 23, 1991 Read third time, returned with amendment 843 House May 22, 1991 Amended, read second time 843 House May 09, 1991 Committee Report: Favorable 25 with amendment 843 House Apr 11, 1991 Introduced, read first time, 25 referred to Committee 843 Senate Apr 10, 1991 Read third time, sent to House 843 Senate Apr 09, 1991 Read second time 843 Senate Apr 03, 1991 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A115, R181, S843)
AN ACT TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT AFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER.
Be it enacted by the General Assembly of the State of South Carolina:
Intent of General Assembly
SECTION 1. Pursuant to Article V, Section 4A of the Constitution of this State, the Supreme Court of South Carolina has promulgated the South Carolina Appellate Court Rules governing practice and procedure before the Supreme Court and the Court of Appeals, which rules were not disapproved by the General Assembly. It is the intent of the General Assembly by this legislation to amend those provisions of the 1976 Code which must be conformed to the new provisions of the Appellate Court Rules and to repeal those provisions of the 1976 Code which are replaced by the Appellate Court Rules.
Notice of appeal provision deleted
SECTION 2. Section 14-3-330(4) of the 1976 Code is amended to read:
"(4) An interlocutory order or decree in a court of common pleas granting, continuing, modifying, or refusing an injunction or granting, continuing, modifying, or refusing the appointment of a receiver."
Procedure for appeal
SECTION 3. Section 18-9-10 of the 1976 Code is amended to read:
"Section 18-9-10. An appeal may be taken to the Supreme Court in the cases mentioned in Sections 14-3-320 and 14-3-330. The procedure for taking an appeal is as provided by the South Carolina Appellate Court Rules."
SECTION 4. Sections 14-3-650, 18-9-250, 18-9-300, and 20-7-2225 of the 1976 Code are repealed.
SECTION 5. In event of conflict between any provision of the South Carolina Appellate Court Rules and any other statutory provisions as to appellate procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil or criminal matter in the courts of this State but shall affect only matters of appellate procedure.
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 5th day of June, 1991.