South Carolina General Assembly
115th Session, 2003-2004

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S. 842

STATUS INFORMATION

General Bill
Sponsors: Senator Reese
Document Path: l:\council\bills\ms\7060ahb04.doc

Introduced in the Senate on January 15, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Frivolous Civil Proceedings Sanctions Act

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   1/15/2004  Senate  Introduced and read first time SJ-27
   1/15/2004  Senate  Referred to Committee on Judiciary SJ-27

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/15/2004

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-36-200 SO AS TO CREATE A FRIVOLOUS LAWSUIT DATABASE TO BE MAINTAINED BY SOUTH CAROLINA COURT ADMINISTRATION AND TO DIRECT COURT ADMINISTRATION TO CREATE A SUMMARY OF RULE 11 OF THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE AND THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT TO BE PROVIDED TO EACH PLAINTIFF AND DEFENDANT IN A CIVIL LAWSUIT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 36, Title 15 of the 1976 Code is amended by adding:

"Section 15-36-200.    (A)    South Carolina Court Administration is directed to create and maintain a database of frivolous lawsuits as defined in Section 15-36-10. The database must include the docket number, the name of each party to the lawsuit, the name of all attorneys of record, all costs or fees assessed against a party, and any other information Court Administration deems necessary.     (B)    The frivolous lawsuits database must be available for public inspection during normal business hours in the office of Court Administration. Court Administration may charge a reasonable fee for copies of all or portions of the materials contained in the database.

(C)    Court Administration is directed to create a summary of Rule 11 of the South Carolina Rules of Civil Procedure and the South Carolina Frivolous Civil Proceedings Sanctions Act pursuant to Chapter 36, Title 15. The summary must include specifically the penalties associated with filing a frivolous lawsuit and must be provided to each plaintiff and defendant in a civil lawsuit."

SECTION    2.    This act takes effect upon approval by the Governor.

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