South Carolina General Assembly
115th Session, 2003-2004

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Bill 508

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COMMITTEE REPORT

April 9, 2003

S. 508

Introduced by 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

S. Printed 4/9/03--H.

Read the first time March 26, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 508) to amend Section 25-1-2260 of the 1976 code, relating to a judge's duty to grant a continuance in a court case when a party or his attorney, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 25-1-2260 OF THE 1976 CODE, 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:

SECTION    1.    Section 25-1-2260 of the 1976 Code is amended to read:

"Section 25-1-2260.    It is the duty of any a judge of the courts a court of this State to continue any a case in the court on or without motion when any a party thereto 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."

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

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