A proceeding is commenced by filing an application verified by the applicant with the clerk of the court in which the conviction took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the solicitor of the circuit in which the applicant was convicted and a copy to the Attorney General.
S.C. Code Ann. § 17-27-40
Commencement of proceedings by filing of application
Known as the Uniform Post-Conviction Procedure Act
The act spans §§ 17–17 (16 sections).
Applied in 4 court decisions — leading case Al-Shabazz v. State (2000)
Most recently applied in Binney v. State (September 2009)
1962 Code SECTION 17-603; 1969 (56) 158.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.