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3 S.C. B. Ass'n News Bull. 1 (1956-1957)

handle is hein.barjournals/tscb0003 and id is 1 raw text is: South Carolina Bar Association



VOL. III ko. I                        30,-hZ ILARRINGER BLDG., COLUMBIA, S. C.                   SEPEMBER, 1956

A comparative study of the Federal Rules of Civil
Procedure and the corresponding South Carolina stat-
utes and rules will soon be placed in the hands of
attorneys and Judges throughout the state.
('hairman Frank K. alomi of fl1e Committee on
Procedure and LIw le forni s:'iI this week that tile
stuldy is now being nlultigral)hed for distribution.  Ie
said conll)ktioii is exCccted very soon.
The colmittee decided ol the multigral)hing proc-
5 for duLlilicationI rather than printiig because this
\vk illl We Idlont at cost by the University of South
Carolina. saving the State lar Association some
$1.200.(. Thi  s is fie sille process that was used to
relroduce Judge Lide's nothl ook recently.
The ChlliPletcd stly will run to about 80I pages
Nwen filliSed. ('oies Will be sent to all judges afrcted
Iy the rules llnd to all Association memvnbers. The Fall
Q1ua1rterly Meet  ig will be devoted to a discussion of
the rlhes, to determine what inil inovements and
modleriiizatioiis the Association wants.
This noeting will be divided into sections, with panel
diistliSsjlls for each section. Fromi lie results of this
discussion. the committee will draft proposed new
rules to piresent to the Association either at a special
meeting, or the annual spring convention. It is antici-
hated that the Association will present I final draft
with Association backing to the Supreme ('ourt and
thle nVew Juldiciil ('oncneil.
.1r. Shln said the anala'sis an colpilation of the
coilna ratie study was largely donie by litan Samuel
L. Prince and librarian Sarah Leverette of the Uni-
versity (I' South ('arolin iLaw School and Judge M. S.
Whahv. ('lunilbia, tinder the overall directioll of the
Committee on 'rocedure and Law Reform.
The results (it thit studv reveal a remarkable similar-
ity between the South Carolina rules and the Federal
rules, although the state rules were adopted in 1870
and the Federal rules in 1938. iowvever, South Caro-
lina was one of the first states studied wvhen the
Federal rules were revised.
The outstandig difference shown by the study is
the brevity of the Federal rules compared with those
of South Carolina pertaining to the same suhect. The
committee has arranged the Federal rules down half
the page, with the state rules opposite. In some places
the state rules run on for several pages beyond the
end of the comparable Federal rule.
Members of the committee in addition to Mr. Sloan
are Frank K. Briley, A. F. Burgess, Henry Busbee
and H. H. Edens.

The South Carolina Su-
preme Court on July 21,
1956, passed an order cre-
ating a Judicial Council
-:.   tnfor South Carolina com-
posed of 21 judges and
The order came on a
motion of the Executive
Committee of the State
Bar Association, in line
with the committee recom-
mendation w h i c h was
unanimously adopted at
*    the Association a n n u a 1
,~   /           meeting in Spartanburg.
DAVID W. ROBINSON, JR.  The order sets up the
;41h President  Judicial Council on an
S,,th ('aurolina Bar  interim basis until July 1,
..tms,,ciolimt   1957, by which time the
Executive Committee expects it to be established on
a permanent basis by legislation.
The Council was organized on August 8, with
Chief Justice Taylor 11. Stukes as chairman and
Lewie G. Merritt as secretary. The Council is at
work on preliminary surveys and studies which will
assist the permanent Council when it is created.
The order setting U) the Council specifies that it
shall be composed of the Chief Justice or some other
member of the Supreme Ccurt named by him; two cir-
cuit court judges; a representative of the inferior
courts: a representative of the probate courts: the at-
torney general or an issistant, or a circuit solicitor;
the (lean or a faculty member of the University of
South Carolina Law School; the president of the State
Bar Association, and thirteen members of the Bar of
South Carolina recommended by the president of the
,. The order set out a four-point aim for the original
interim Council:
To make a continuous study and survey of the
administration of justice in this State, and of the
organization, procedure, practice, rules and methods of
administration and operation of each and all of the
Courts of the State, whether of record or not of record,
and of each and all of the agencies, boards, commis-
sions, bodies and officers having and exercising quas,-
judicial functions and powers.
To receive and to consider, and ifi its discretion, to
investigate criticisms and suggestions pertaining to
the administration of justice in the State of South
(Pteae turn to page 4)

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