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Section 17-27-150. Discovery in post-conviction relief proceeding.

SC Code § 17-27-150 (2019) (N/A)
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(A) A party in a noncapital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by the judge for an applicant who qualifies for appointment pursuant to Section 17-27-60 or similar applicable provisions of law.

(B) A party in a capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure.

HISTORY: 1996 Act No. 448, Section 5.

Editor's Note

1996 Act No. 448, Section 1, eff June 18, 1996, provides as follows:

"SECTION 1. This act [consisting of Sections 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."

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Section 17-27-130. Waiver of attorney-client privilege by allegation of ineffective prior counsel; access to files.
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Section 17-27-160. Capital case post-conviction relief procedures.