Current Status Bill Number:
772Ratification Number: 353Act Number: 301Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970521Primary Sponsor: HollandAll Sponsors: Holland, Bryan and CoursonDrafted Document Number: jud6003.dhhDate Bill Passed both Bodies: 19980401Governor's Action: SDate of Governor's Action: 19980527Subject: Magistrates allowed to compel attendance of witness residing in county, provisions; Courts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980611 Act No. A301 ------ 19980527 Signed by Governor ------ 19980521 Ratified R353 House 19980401 Read third time, enrolled for ratification House 19980331 Read second time House 19980325 Committee report: Favorable 25 HJ House 19980128 Introduced, read first time, 25 HJ referred to Committee Senate 19980128 Read third time, sent to House Senate 19980127 Read second time, notice of general amendments Senate 19980121 Committee report: Favorable 11 SJ Senate 19970521 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A301, R353, S772)
AN ACT TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
Be it enacted by the General Assembly of the State of South Carolina:
Compelling attendance of witnesses who reside in county
SECTION 1. Section 22-3-930 of the 1976 Code is amended to read:
Section 22-3-930. Any magistrate, on the application of a party to a cause pending before the magistrate, must issue a summons citing any person whose testimony may be required in the cause and who resides in the county to appear before the magistrate at a certain time and place to give evidence. This summons must be served in a manner such that it is received by the witness at least one day before his attendance is required. If the witness fails or refuses to attend, the magistrate may issue a rule to show cause commanding the witness to be brought before the magistrate or, if any witness attending refuses to give evidence without good cause shown, the magistrate may punish the witness for contempt by imposition of a sentence up to the limits imposed on magistrates' courts in Section 22-3-550.
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998.