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South Carolina
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2016-01-20-02

The Supreme Court of South Carolina

Re: Amendments to Rule 601, South Carolina Appellate Court Rules

Appellate Case No. 2015-001725


ORDER


The Family Court Subcommittee of the Docket Management Task Force recommends Rule 601(a), SCACR, be amended to provide that Family Court merits hearings involving child abuse, child neglect, and termination of parental rights, as well as juvenile criminal hearings when the juvenile is in detention or otherwise in state custody, have priority over General Sessions matters in the event of conflicts in hearing dates.

We grant the Family Court Subcommittee's request to amend Rule 601(a), SCACR, as set forth in the attachment to this Order.  The amendments are effective immediately.     

s/Costa M. Pleicones                       C.J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
January 20, 2016


Rule 601(a), South Carolina Appellate Court Rules, is amended to provide:

(a) Order of Priority as Between Tribunals. In the event an attorney of record is called to appear simultaneously in actions pending in two or more tribunals of this State, the following list shall establish the priority of his obligations to those tribunals:

(1) The Supreme Court.

(2) The Court of Appeals.

(3) The Commission on Judicial Conduct, the Commission on Lawyer Conduct, and the Committee on Character and Fitness.

(4) The Family Court - merits hearings involving child abuse, child neglect, and termination of parental rights; juvenile criminal hearings where the juvenile is in detention or otherwise in state custody.

(5) The Circuit Court - General Sessions.

(6) The Circuit Court - Common Pleas, Jury Term.

(7) The Family Court - all cases not referenced in (4) above.

(8) The Circuit Court - Common Pleas, Non-Jury Term.

(9) The Administrative Law Court.

(10) Alternative Dispute Resolution Conferences conducted pursuant to the SC Court-Annexed ADR Rules.

(11) The Probate Court.

(12) Magistrates and Municipal Courts.

(13) Other Administrative Bodies or Officials.

When a party or his counsel is in the process of a hearing or trial before a tribunal, he may not be required to appear in another tribunal having greater priority unless the tribunal with less priority grants a recess or continuance for that purpose.