South Carolina General Assembly
106th Session, 1985-1986

Bill 2073

                    Current Status

Bill Number:               2073
Ratification Number:       11
Act Number:                8
Introducing Body:          House
Subject:                        Judicial Department, rules governing
                           practice and procedures in all courts
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A8, R11, H2073)

AN ACT RATIFYING AMENDMENTS TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 4A SO AS TO PROVIDE THAT ALL RULES AND AMENDMENTS TO RULES GOVERNING PRACTICE AND PROCEDURE IN ALL COURTS OF THIS STATE PROMULGATED BY THE SUPREME COURT MUST BE SUBMITTED BY THE SUPREME COURT TO THE JUDICIARY COMMITTEE OF EACH HOUSE OF THE GENERAL ASSEMBLY DURING A REGULAR SESSION, BUT NOT LATER THAN THE FIRST DAY OF FEBRUARY DURING EACH SESSION, AND THAT SUCH RULES OR AMENDMENTS SHALL BECOME EFFECTIVE NINETY CALENDAR DAYS AFTER SUBMISSION UNLESS DISAPPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY WITH THE CONCURRENCE OF THREE-FIFTHS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING.

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

Constitutional amendment ratified

SECTION 1. The amendment to Article V of the Constitution of South Carolina, 1895, proposed under the terms of Joint Resolution 517 of 1984, having been submitted to the qualified electors at the general election of 1984 as prescribed in Section 1 of Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received thereon, is ratified and declared to be a part of the Constitution, so that Section 4A is added to Article V to read:

"Section 4A. All rules and amendments to rules governing practice and procedure in all courts of this State promulgated by the Supreme Court must be submitted by the Supreme Court to the Judiciary Committee of each House of the General Assembly during a regular session, but not later than the first day of February during each session. Such rules or amendments shall become effective ninety calendar days after submission unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting."