View Amendment Current Amendment: 1 to Bill 3305

The Committee on Judiciary proposes the following amendment (LC-3305.HA0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 15-3-930(A), (C), (D), (E), and (F) and inserting:

 (A) Except as otherwise provided in subsections (C)(D) through (F)(G), on the filing of a motion pursuant to Section 15-3-920:
  (1) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and
  (2) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion pursuant to Section 15-3-920.
 (B) A stay pursuant to subsection (A) remains in effect until entry of an order ruling on the motion pursuant to Section 15-3-920.
 (C) Except as otherwise provided in subsections (E), (F), and (G), if a party appeals from an order ruling on a motion pursuant to Section 15-3-920, all proceedings between all parties in the action are stayed. The stay shall remain in effect until the conclusion of the appeal.
(C)(D)During a stay pursuant to subsection (A), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to Section 15-3-960(A) and the information is not reasonably available unless discovery is allowed.
(D)(E)A motion pursuant to Section 15-3-980 for costs, attorney's fees, and expenses is not subject to a stay pursuant to this section.
(E)(F) A stay pursuant to this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.
(F)(G) During a stay pursuant to this section, the court for good cause may hear and rule on:
  (1) a motion unrelated to the motion pursuant to Section 15-3-920; and
  (2) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

Amend the bill further, SECTION 1, by striking Section 15-3-940(A)(1) and inserting:

  (1) to allow discovery pursuant to Section 15-3-930(C)(D); or

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 3, Title 15 of the S.C. Code is amended by adding:

 Section 15-3-985. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to Section 15-3-920. The appeal must be filed not later than thirty days after written notice of entry of the order.

Renumber sections to conform.

Amend title to conform.