Bill 3018

                    Current Status

Bill Number:               3018
Ratification Number:       32
Act Number                 20
Introducing Body:          House
Subject:                   Relating to an appeal from a judgment in
                           a magistrate's or municipal court

(A20, R32, H3018)

AN ACT TO AMEND SECTION 18-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL FROM A JUDGMENT IN A MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO CHANGE FROM TEN TO THIRTY DAYS THE TIME AN APPELLANT HAS TO FILE HIS NOTICE OF APPEAL; AND SECTION 22-3-1000, RELATING TO THE TIME FOR MAKING A MOTION FOR A NEW TRIAL, AND THE TIME A RIGHT OF APPEAL EXISTS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DAYS THE TIME A RIGHT OF APPEAL EXISTS FROM A JUDGMENT AFTER THE REFUSAL OF A MOTION FOR A NEW TRIAL.

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

Notice of appeal

SECTION 1. Section 18-7-20 of the 1976 Code is amended to read:

"Section 18-7-20. The appellant, within thirty days after written notice of judgment has been given him or his attorney by the magistrate, recorder, or judge of the municipal court, except when the judgment is announced at the trial in the presence of the appellant or his attorney then no written notice is necessary, shall serve a notice of appeal, stating the grounds upon which the appeal is founded. If the judgment is rendered upon process not personally served and the defendant did not appear, he has thirty days after personal notice of the judgment to serve the notice of appeal provided for in this section."

Motion for new trial

SECTION 2. Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000. No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for twenty-five days after the refusal of a motion for a new trial."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.