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S. 1015
STATUS INFORMATION
General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\ggs\22041ab08.doc
Introduced in the Senate on January 22, 2008
Currently residing in the Senate Committee on Judiciary
Summary: Service members
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/22/2008 Senate Introduced and read first time SJ-4
1/22/2008 Senate Referred to Committee on Judiciary SJ-4
1/29/2008 Senate Referred to Subcommittee: Martin (ch), Ford, Ritchie,
Knotts, Cleary
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-340 SO AS TO PROVIDE THAT A SERVICE MEMBER ENTITLED TO A STAY IN A CIVIL PROCEEDING PURSUANT TO THE SERVICE MEMBERS CIVIL RELIEF ACT MAY ELECT TO PROCEED UNDER CERTAIN CIRCUMSTANCES AND PROVIDE EVIDENCE THROUGH CERTAIN ELECTRONIC MEANS, AND TO PROVIDE WHEN A PARTY MAY OPPOSE SUCH AN ELECTION AND THE PARTY'S BURDEN OF PROOF, AMONG OTHER THINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by adding:
"Section 15-1-340. (A) A service member entitled to a stay in a civil proceeding pursuant to the Service Members Civil Relief Act, in the discretion of the court, may elect to proceed while he is reasonably unavailable to appear in the geographical location where the litigation is pending. He also may seek relief and provide evidence through video-conference, Internet camera, email, or other reasonable electronic means. Testimony presented must be made under oath, in a manner viewable by all parties, and in the presence of a court reporter. A service member may submit testimony by affidavit in a matter in which a party in this State otherwise may use an affidavit or seek temporary relief.
(B) A party may oppose the admission of evidence if the admission causes him a substantial injustice, denies him effective cross examination, denies him the right to confront the witness, or abridges him of a Constitutional right.
(C) When a service member elects to proceed under this section, the court before which the action is pending shall exercise sound discretion in balancing the service member's right and need to proceed and the extent to which proceeding under this section may prejudice the rights of an opposing party.
(D) A party who opposes the service member's election to proceed under this section must establish by a preponderance of the evidence a sufficient reason to not proceed."
SECTION 2. This act takes effect upon approval by the Governor.
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