H*2910(Rat #0153, Act #0105 of 1985)  General Bill, By  House Judiciary

Similar(S 614)
 A Bill to amend Section 14-8-90, as amended, Code of Laws of South Carolina,
 1976, relating to the Court of Appeals sitting en banc so as to delete the
 requirement that a case must first have been heard by a panel of the court
 before the court may sit en banc to hear the case; and to amend Section
 14-8-250 relating to decisions of the Court of Appeals so as to provide that
 the court need not address a point which is manifestly without merit.

   05/01/85  House  Introduced, read first time, placed on calendar
                     without reference HJ-2813
   05/02/85  House  Read second time HJ-2914
   05/03/85  House  Read third time and sent to Senate HJ-2931
   05/07/85  Senate Introduced and read first time SJ-1944
   05/07/85  Senate Referred to Committee on Judiciary SJ-1944
   05/07/85  Senate Committee report: Favorable Judiciary SJ-1946
   05/09/85  Senate Read second time SJ-2036
   05/10/85  Senate Read third time and enrolled SJ-2052
   05/15/85         Ratified R 153
   05/21/85         Signed By Governor
   05/21/85         Effective date 05/21/85
   05/21/85         Act No. 105
   06/03/85         Copies available

AN ACT TO AMEND SECTION 14-8-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS SITTING EN BANC SO AS TO DELETE THE REQUIREMENT THAT A CASE MUST FIRST HAVE BEEN HEARD BY A PANEL OF THE COURT BEFORE THE COURT MAY SIT EN BANC TO HEAR THE CASE; AND TO AMEND SECTION 14-8-250, AS AMENDED, RELATING TO DECISIONS OF THE COURT OF APPEALS SO AS TO PROVIDE THAT THE COURT NEED NOT ADDRESS A POINT WHICH IS MANIFESTLY WITHOUT MERIT.

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

Court may sit en banc

SECTION 1. Section 14-8-90 of the 1976 Code, as last amended by Act 89 of 1983, is further amended to read:

"Section 14-8-90. The Court may sit en banc to hear cases:

(a) upon petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition is granted by four judges of the Court; or

(b) upon its own motion agreed to by four judges of the Court.

When the Court sits en banc, four of the judges shall constitute a quorum and a concurrence of four of the judges is necessary for a reversal of the judgment below. The Chief Judge shall preside, and in his absence the judge senior in service and present shall preside."

Decisions of the court

SECTION 2. Section 14-8-250 of the 1976 Code, as last amended by Act 89 of 1983, is further amended to read:

"Section 14-8-250. In every decision rendered by the Court, every point distinctly stated in the case which is necessary to the decision of the appeal and fairly arising upon the record of the Court must be stated in writing and must, with the reason for the Court's decision, be preserved in the record of the case; provided, that the Court need not address a point which is manifestly without merit."

Manner in which sections to be read

SECTION 3. Notwithstanding the provisions of Act 90 of 1983 which provide for the manner in which Sections 14-8-90 and 14-8-250 of the 1976 Code shall read effective July 1, 1985, these sections, as amended by the provisions of Sections 1 and 2 of this act respectively, shall continue to read in the manner provided herein after July 1, 1985.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.