S*0508(Rat #0042, Act #0017 of 2003)  General Bill, By 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.V. Smith, Thomas, Verdin and Waldrep
 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. - ratified title

   03/20/03  Senate Introduced, read first time, placed on calendar
                     without reference SJ-3
   03/20/03  Senate Unanimous consent for second reading on next
                     legislative day SJ-3
   03/20/03  Senate Unanimous consent for third reading on next
                     legislative day SJ-3
   03/21/03  Senate Read second time SJ-2
   03/25/03  Senate Read third time and sent to House SJ-6
   03/26/03  House  Introduced and read first time HJ-6
   03/26/03  House  Referred to Committee on Judiciary HJ-6
   04/09/03  House  Committee report: Favorable Judiciary HJ-8
   04/10/03  House  Read second time HJ-18
   04/10/03  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   04/11/03  House  Read third time and enrolled HJ-1
   04/16/03         Ratified R 42
   04/21/03         Signed By Governor
   05/01/03         Copies available
   05/01/03         Effective date 04/21/03
   05/12/03         Act No. 17

(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.