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A17, R42, S508

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep
Document Path: l:\s-res\gfm\008guar.mrh.doc

Introduced in the Senate on March 20, 2003
Introduced in the House on March 26, 2003
Passed by the General Assembly on April 11, 2003
Governor's Action: April 21, 2003, Signed

Summary: Judges required to grant continuance in case when a party or his attorney is on active duty as member of reserves

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/20/2003  Senate  Introduced, read first time, placed on calendar without 
                        reference SJ-3
   3/20/2003  Senate  Unanimous consent for second reading on next legislative 
                        day SJ-3
   3/20/2003  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-3
   3/21/2003  Senate  Read second time SJ-2
   3/25/2003  Senate  Read third time and sent to House SJ-6
   3/26/2003  House   Introduced and read first time HJ-6
   3/26/2003  House   Referred to Committee on Judiciary HJ-6
    4/9/2003  House   Committee report: Favorable Judiciary HJ-8
   4/10/2003  House   Read second time HJ-18
   4/10/2003  House   Unanimous consent for third reading on next legislative 
                        day HJ-20
   4/11/2003  House   Read third time and enrolled HJ-1
   4/16/2003          Ratified R 42
   4/21/2003          Signed By Governor
    5/1/2003          Copies available
    5/1/2003          Effective date 04/21/03
   5/12/2003          Act No. 17

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/20/2003
3/20/2003-A
4/9/2003

(A17, R42, S508)

AN ACT TO AMEND SECTION 25-1-2260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A JUDGE'S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.

Be it enacted by the General Assembly of the State of South Carolina:

Continuance for reserve duty

SECTION    1.    Section 25-1-2260 of the 1976 Code, as added by Act 85 of 2001, is amended to read:

"Section 25-1-2260.    It is the duty of a judge of a court of this State to continue a case in the court on or without motion when a party to it or his leading attorney is absent from court when the case is reached by reason of his attendance on active duty as a member of the National Guard or reserves. The case may proceed if the party, in the absence of his leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his client to make oath that he cannot safely go to trial without the absent attorney and, if a party is absent, his counsel shall state in his place that he cannot safely go to trial without his client."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2003.

Approved the 21st day of April, 2003.

This web page was last updated on Monday, December 7, 2009 at 10:17 A.M.