South Carolina General Assembly
106th Session, 1985-1986

Bill 2910

                    Current Status

Bill Number:               2910
Ratification Number:       153
Act Number:                105
Introducing Body:          House
Subject:                        Court of Appeals sitting en
                           banc
View additional legislative information at the LPITS web site.

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

(A105, R153, H2910)

AN ACT TO AMEND SECTION 14-8-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS SITTING EN BANC SO AS TO DELETE THE REQUIREMENT THAT A CASE MUST FIRST HAVE BEEN HEARD BY A PANEL OF THE COURT BEFORE THE COURT MAY SIT EN BANC TO HEAR THE CASE; AND TO AMEND SECTION 14-8-250, AS AMENDED, RELATING TO DECISIONS OF THE COURT OF APPEALS SO AS TO PROVIDE THAT THE COURT NEED NOT ADDRESS A POINT WHICH IS MANIFESTLY WITHOUT MERIT.

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

Court may sit en banc

SECTION 1. Section 14-8-90 of the 1976 Code, as last amended by Act 89 of 1983, is further amended to read:

"Section 14-8-90. The Court may sit en banc to hear cases:

(a) upon petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition is granted by four judges of the Court; or

(b) upon its own motion agreed to by four judges of the Court.

When the Court sits en banc, four of the judges shall constitute a quorum and a concurrence of four of the judges is necessary for a reversal of the judgment below. The Chief Judge shall preside, and in his absence the judge senior in service and present shall preside."

Decisions of the court

SECTION 2. Section 14-8-250 of the 1976 Code, as last amended by Act 89 of 1983, is further amended to read:

"Section 14-8-250. In every decision rendered by the Court, every point distinctly stated in the case which is necessary to the decision of the appeal and fairly arising upon the record of the Court must be stated in writing and must, with the reason for the Court's decision, be preserved in the record of the case; provided, that the Court need not address a point which is manifestly without merit."

Manner in which sections to be read

SECTION 3. Notwithstanding the provisions of Act 90 of 1983 which provide for the manner in which Sections 14-8-90 and 14-8-250 of the 1976 Code shall read effective July 1, 1985, these sections, as amended by the provisions of Sections 1 and 2 of this act respectively, shall continue to read in the manner provided herein after July 1, 1985.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.