(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'."
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 27 - Uniform Post-conviction Procedure Act
Section 17-27-10. Short title.
Section 17-27-20. Persons who may institute proceeding; exclusiveness of remedy.
Section 17-27-30. Jurisdiction of court.
Section 17-27-40. Commencement of proceedings by filing of application.
Section 17-27-45. Filing procedures for post-conviction relief applications.
Section 17-27-50. Form and contents of application.
Section 17-27-60. Court costs and expenses for indigents.
Section 17-27-70. Court procedure on receipt of application.
Section 17-27-80. Hearing on application; final judgment.
Section 17-27-90. Grounds for relief.
Section 17-27-120. Construction.
Section 17-27-150. Discovery in post-conviction relief proceeding.
Section 17-27-160. Capital case post-conviction relief procedures.