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Indicates New Matter
S. 971
STATUS INFORMATION
General Bill
Sponsors: Senator Martin
Document Path: l:\s-res\lam\017appe.kmm.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Notice of appeal on the execution of a judgment
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2005 Senate Prefiled
12/13/2005 Senate Referred to Committee on Judiciary
1/10/2006 Senate Introduced and read first time SJ-20
1/10/2006 Senate Referred to Committee on Judiciary SJ-20
1/18/2006 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 18-9-130 OF THE 1976 CODE, RELATING TO THE EFFECT OF A NOTICE OF APPEAL ON THE EXECUTION OF A JUDGMENT, TO PROVIDE THAT A NOTICE OF APPEAL OF A MONEY JUDGMENT IN A CIVIL ACTION STAYS THE ENFORCEMENT OF THE JUDGMENT AGAINST THE APPELLANT WITHOUT THE NECESSITY OF A BOND EXCEPT UPON MOTION OF THE RESPONDENT, TO ESTABLISH LIMITS ON THE AMOUNT OF AN APPEAL BOND, TO PROVIDE PROTECTION AGAINST AN APPEAL BOND CAUSING SUBSTANTIAL ECONOMIC HARM TO AN APPELLANT, TO ALLOW A COURT TO ADJUST THE AMOUNT OF AN APPEAL BOND IF THE APPELLANT IS DISSIPATING OR SECRETING HIS ASSETS OR DIVERTING HIS ASSETS OUTSIDE THE ORDINARY COURSE OF BUSINESS TO AVOID PAYMENT OF THE JUDGMENT, AND TO PROTECT THE APPELLANT FROM THE PUBLIC DISCLOSURE OF TRADE SECRETS OR SIMILAR INFORMATION WHEN THE COURT IS DETERMINING THE APPELLANT'S NET WORTH IF THE APPELLANT BELIEVES IN GOOD FAITH THAT DISCLOSURE WOULD BE DAMAGING TO THE APPELLANT'S BUSINESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 18-9-130 of the 1976 Code is amended to read:
"Section 18-9-130. (A)(1) A notice of appeal from a judgment directing the payment of money does not stay the execution of the judgment unless the presiding judge before whom the judgment was obtained grants a stay of execution. serves as a stay upon the payment of all costs in the trial court by the appellant, and it is not necessary that a bond or other form of security be filed to obtain a stay of execution of the judgment during the pendency of the appeal; provided, however, that upon motion by the respondent and subject to the provisions of subsection (B), the court shall require that a bond or other form of security be given in an amount that will cover the entire amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court, after notice and hearing for good cause shown, fixes a lesser amount.
(B) In any civil action, other than one arising pursuant to Title 20, under any legal theory, including cases involving individual, aggregated, class-action, or otherwise joined claims, the amount of the bond or other form of security to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief or damages, including compensatory, special, punitive, exemplary, or other damages, in order to stay execution of the judgment during the entire course of appellate review by any court, must not exceed ten million dollars or fifty percent of the appellant's net worth.
(C) Upon a finding by the court that the appellant is likely to suffer substantial economic harm if required to post a bond or other security in an amount required pursuant to this section, the court may reduce the amount of the bond or other security to an amount that will not cause the appellant substantial economic harm.
(D) If a respondent proves by a preponderance of the evidence that an appellant, for whom a bond or other form of security has been limited pursuant to subsection (B), is dissipating or secreting his assets or diverting assets outside the ordinary course of business to avoid payment of the judgment, the court may require the appellant to post a bond or other form of security in an amount not to exceed the total amount of the judgment.
(E) If, for the purpose of determining an appellant's net worth pursuant to subsection (B), the court requires an appellant to provide any documents or information that the appellant in good faith believes contains any trade secrets or confidential research, development, financial, commercial, personnel, or personal information; or would be potentially damaging to the appellant's business if disclosed to the public or the appellant's competitors, potential competitors, customers, or potential customers, then the appellant is entitled to a protective order from the court to prevent the disclosure of the information or documents to any person or entity other than the court and the parties to the pending appeal, and to ensure that the information or documents may be used only in connection with the determination of the appellant's net worth pursuant to subsection (B).
(2)(F) A plaintiff may not enforce a sale of property after a notice of appeal is filed without giving an undertaking or bond to the defendant, with two good sureties, in double the appraised value of the property or double the amount of the judgment, conditioned to pay all damages the defendant may sustain by reason of the sale in case the judgment is reversed. The plaintiff in such a this case may not proceed with a sale of defendant's property if the defendant enters into an undertaking, with good sureties, in double the appraised value of the property or the amount of the judgment, to pay the judgment with legal interest and all costs and damages the plaintiff may sustain by reason of the appeal or to produce the property levied on and submit to the sale if the judgment is confirmed.
(B)(G)(1) The appeal of a judgment awarding relief in a civil action, under any pursuant to a valid legal theory, involving a signatory of the Master Settlement Agreement, as defined in Section 11-47-20(e), or a successor to or affiliate of a signatory to the agreement, automatically stays the execution of that judgment.
(2) The stay described in this subsection is effective upon the filing of the notice of appeal and during the entire course of appellate review of the judgment."
SECTION 2. This act takes effect upon approval by the Governor.
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