1985-1986 Bill 586: Rules of civil procedure promulgated by the Supreme Court

South Carolina General Assembly
106th Session, 1985-1986

Bill 586

                    Current Status

Bill Number:               586
Ratification Number:       145
Act Number:                100
Introducing Body:          Senate
Subject:                        Rules of civil procedure promulgated
                           by the Supreme Court

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

(A100, R145, S586)

AN ACT TO REPEAL SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO BE REPLACED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT PURSUANT TO ARTICLE V, SECTION 4A OF THE SOUTH CAROLINA CONSTITUTION; THOSE SECTIONS OF THE CODE REPEALED ARE SECTIONS 15-1-20 AND 15-1-70 THROUGH 15-1-210, SECTION 15-3-10, SECTIONS 15-5-10 THROUGH 15-5-80, SECTIONS 15-5-180 THROUGH 15-5-200, SECTIONS 15-5-310 THROUGH 15-5-380 AND SECTIONS 15-5-510 THROUGH 15-5-570, SECTIONS 15-9-10 THROUGH 15-9-100, SECTIONS 15-9-470 THROUGH 15-9-500, SECTION 15-9-520, SECTIONS 15-9-910 THROUGH 15-9-1030, SECTIONS 15-13-10 THROUGH 15-13-960, SECTIONS 15-15-10 THROUGH 15-15-70, SECTIONS 15-21-10 THROUGH 15-21-50, SECTIONS 15-23-l0 THROUGH 15-23-90, SECTIONS 15-25-10 THROUGH 15-25-50, SECTIONS 15-27-10 THROUGH 15-27-630, SECTIONS 15-28-10 AND 15-28-20, SECTIONS 15-31-10 THROUGH 15-31-140, SECTIONS 15-33-10 THROUGH 15-33-120, SECTIONS 15-35-10 THROUGH 15-35-150 AND SECTIONS 15-35-190 THROUGH 15-35-340; SECTIONS 15-55-10 THROUGH 15-55-100; SECTIONS 15-57-10 THROUGH 15-57-40; SECTIONS 15-59-10 THROUGH 15-59-30, SECTIONS 15-61-60 THROUGH 15-61-90, SECTION 15-65-40, SECTIONS 18-1-50, 18-1-60 AND 18-1-110, SECTIONS 18-7-40, 18-7-50, 18-7-120, AND 18-7-410 THROUGH 18-7-440, SECTIONS 18-9-60 THROUGH 18-9-120, AND 18-9-260, SECTIONS 19-7-10 THROUGH 19-7-40, SECTIONS 19-13-10 THROUGH 19-13-120, SECTIONS 19-15-10 THROUGH 19-15-110, SECTIONS 19-17-10 THROUGH 19-17-90, SECTIONS 19-19-10 THROUGH 19-19-230, AND SECTION 19-21-70; AND TO PROVIDE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE SHALL CONTROL WHEN IN CONFLICT WITH THE CODE OF CIVIL PROCEDURE EXCEPT AS TO SUBSTANTIVE RIGHTS OF THE PARTIES.

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

Legislative intent

SECTION 1. Pursuant to Article V, Section 4A of the Constitution of this State, the Supreme Court of South Carolina has promulgated Rules of Civil Procedure governing practice and procedure in civil actions in the courts of this State, which rules were not disapproved by the General Assembly; and it is the intent of the General Assembly to repeal provisions of the 1976 Code of Laws of South Carolina, to be replaced by the Rules of Civil Procedure.

Repeal

SECTION 2. The following sections of the Code of Laws of South Carolina, 1976, are repealed:

Sections 15-1-20 and 15-1-70 through 15-1-210, Section 15-3-10, Sections 15-5-10 through 15-5-80, Sections 15-5-180 through 15-5-200, Sections 15-5-310 through 15-5-380 and Sections 15-5-510 through 15-5-570, Sections 15-9-10 through 15-9-100, Sections 15-9-470 through 15-9-500, Section 15-9-520, Sections 15-9-910 through 15-9-1030, Sections 15-13-10 through 15-13-960, Sections 15-15-10 through 15-15-70, Sections 15-21-10 through 15-21-50, Sections 15-23-l0 through 15-23-90, Sections 15-25-10 through 15-25-50, Sections 15-27-10 through 15-27-630, Sections 15-28-10 and 15-28-20, Sections 15-31-10 through 15-31-140, Sections 15-33-10 through 15-33-120, Sections 15-35-10 through 15-35-150 and Sections 15-35-190 through 15-35-340; Sections 15-55-10 through 15-55-100; Sections 15-57-10 through 15-57-40; Sections 15-59-10 through 15-59-30, Sections 15-61-60 through 15-61-90, Section 15-65-40, Sections 18-1-50, 18-1-60 and 18-1-110, Sections 18-7-40, 18-7-50, 18-7-120, and 18-7-410 through 18-7-440, Sections 18-9-60 through 18-9-120, and 18-9-260, Sections 19-7-10 through 19-7-40, Sections 19-13-10 through 19-13-120, Sections 19-15-10 through 19-15-110, Sections 19-17-10 through 19-17-90, Sections 19-19-10 through 19-19-230, and Section 19-21-70.

When rules conflict with statutory provisions

SECTION 3. In event of conflict between any provision of the South Carolina Rules of Civil Procedure and any other statutory provisions as to practice and procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil litigation in the courts of this State but shall affect only matters of practice and procedure.

Time effective

SECTION 4. This act shall take effect on July 1, 1985.