2003-2004 Bill 842: Frivolous Civil Proceedings Sanctions Act - South Carolina Legislature

South Carolina General Assembly

115th Session, 2003-2004

S. 842

STATUS INFORMATION

General Bill

Sponsors: Senator Reese

Document Path: l:\council\bills\ms\7060ahb04.doc

Introduced in the Senate on January 15, 2004

Currently residing in the Senate Committee on Judiciary

Summary: Frivolous Civil Proceedings Sanctions Act

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

1/15/2004 Senate Introduced and read first time SJ27

1/15/2004 Senate Referred to Committee on Judiciary SJ27

VERSIONS OF THIS BILL

1/15/2004

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1536200 SO AS TO CREATE A FRIVOLOUS LAWSUIT DATABASE TO BE MAINTAINED BY SOUTH CAROLINA COURT ADMINISTRATION AND TO DIRECT COURT ADMINISTRATION TO CREATE A SUMMARY OF RULE 11 OF THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE AND THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT TO BE PROVIDED TO EACH PLAINTIFF AND DEFENDANT IN A CIVIL LAWSUIT.

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

SECTION 1. Chapter 36, Title 15 of the 1976 Code is amended by adding:

“Section 1536200. (A) South Carolina Court Administration is directed to create and maintain a database of frivolous lawsuits as defined in Section 153610. The database must include the docket number, the name of each party to the lawsuit, the name of all attorneys of record, all costs or fees assessed against a party, and any other information Court Administration deems necessary. (B) The frivolous lawsuits database must be available for public inspection during normal business hours in the office of Court Administration. Court Administration may charge a reasonable fee for copies of all or portions of the materials contained in the database.

(C) Court Administration is directed to create a summary of Rule 11 of the South Carolina Rules of Civil Procedure and the South Carolina Frivolous Civil Proceedings Sanctions Act pursuant to Chapter 36, Title 15. The summary must include specifically the penalties associated with filing a frivolous lawsuit and must be provided to each plaintiff and defendant in a civil lawsuit.”

SECTION 2. This act takes effect upon approval by the Governor.

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