Bill 843

                    Current Status

Introducing Body:               Senate
Bill Number:                    843
Ratification Number:            181
Act Number:                     115
Primary Sponsor:                Committee (11)
Type of Legislation:            GB
Subject:                        Appellate jurisdiction
Date Bill Passed both Bodies:   May 27, 1991
Computer Document Number:       CYY/18451.SD
Governor's Action:              S
Date of Governor's Action:      Jun 05, 1991
Introduced Date:                Apr 03, 1991
Date of Last Amendment:         May 22, 1991
Last History Body:              ------
Last History Date:              Jun 05, 1991
Last History Type:              Act No. 115
Scope of Legislation:           Statewide
Sponsor Committee:              Judiciary
Sponsor Committee Number:       11
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 843   ------  Jun 05, 1991  Act No. 115
 843   ------  Jun 05, 1991  Signed by Governor
 843   ------  May 30, 1991  Ratified R 181
 843   Senate  May 27, 1991  Concurred in House amendment,
                             enrolled for ratification
 843   House   May 23, 1991  Read third time, returned
                             with amendment
 843   House   May 22, 1991  Amended, read second time
 843   House   May 09, 1991  Committee Report: Favorable     25
                             with amendment
 843   House   Apr 11, 1991  Introduced, read first time,    25
                             referred to Committee
 843   Senate  Apr 10, 1991  Read third time, sent to House
 843   Senate  Apr 09, 1991  Read second time
 843   Senate  Apr 03, 1991  Introduced, read first time,
                             placed on Calendar without
                             reference

(A115, R181, S843)

AN ACT TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT AFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER.

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

Intent of General Assembly

SECTION 1. Pursuant to Article V, Section 4A of the Constitution of this State, the Supreme Court of South Carolina has promulgated the South Carolina Appellate Court Rules governing practice and procedure before the Supreme Court and the Court of Appeals, which rules were not disapproved by the General Assembly. It is the intent of the General Assembly by this legislation to amend those provisions of the 1976 Code which must be conformed to the new provisions of the Appellate Court Rules and to repeal those provisions of the 1976 Code which are replaced by the Appellate Court Rules.

Notice of appeal provision deleted

SECTION 2. Section 14-3-330(4) of the 1976 Code is amended to read:

"(4) An interlocutory order or decree in a court of common pleas granting, continuing, modifying, or refusing an injunction or granting, continuing, modifying, or refusing the appointment of a receiver."

Procedure for appeal

SECTION 3. Section 18-9-10 of the 1976 Code is amended to read:

"Section 18-9-10. An appeal may be taken to the Supreme Court in the cases mentioned in Sections 14-3-320 and 14-3-330. The procedure for taking an appeal is as provided by the South Carolina Appellate Court Rules."

Repeal

SECTION 4. Sections 14-3-650, 18-9-250, 18-9-300, and 20-7-2225 of the 1976 Code are repealed.

Conflict

SECTION 5. In event of conflict between any provision of the South Carolina Appellate Court Rules and any other statutory provisions as to appellate 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 or criminal matter in the courts of this State but shall affect only matters of appellate procedure.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 5th day of June, 1991.