§ 20-6-103 — Use of recycled paper

(a) The general assembly finds and declares that there is a need to expand upon existing laws that foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys to courts of record be submitted on recycled paper. The general assembly further finds that the expanded use of recycled paper will protect and enhance the environment and the health and safety of the citizens of this state. (b) As used in this section, unless the context otherwise requires: (1) "Document" means a pleading or other paper submitted as an appendix to a pleading by an attorney, if the document is required or permitted to be filed with a clerk of a court of record concerning an action to be commenced or that is pending before a court of record; (2) "Post-consumer waste" includes a product generated by a business or consumer that has served its intended end use and that has been separated from solid waste for the purpose of collection, recycling and disposition; and (3) "Recycled paper" means paper with not less than fifty percent (50%) of its total weight consisting of secondary and post-consumer waste and with no less than ten percent (10%) of the total weight consisting of post-consumer waste. (c) An attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to each document. (d) The procedures adopted to implement this section shall not impede the conduct of court business or create grounds for an additional cause of action or sanction. (e) A court of record may not refuse a document solely because of a failure to use recycled paper. (f) Nothing in this section may be construed to apply to: (1) Photographs; (2) An original document that was prepared or printed prior to January 1, 1995; (3) A document that was not created at the direction or under the control of the submitting attorney; or (4) A facsimile copy otherwise permitted to be filed with a court of record instead of an original document; provided, that if the original is also required to be filed, the original shall be submitted in compliance with this section. (g) This section is not applicable if recycled paper is not readily available.

Legislative History

Acts 1994, ch. 900, §§ 2, 3.