South Carolina General Assembly
111th Session, 1995-1996

Bill 327


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       327
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950110
Primary Sponsor:                   Giese 
All Sponsors:                      Giese 
Drafted Document Number:           BBM\9692SD.95
Companion Bill Number:             3090
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Magistrate's court, fees and
                                   costs



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950110  Introduced, read first time,             11 SJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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