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Rule 7 – Continuances

May 14, 2021 | Criminal Procedure, South Carolina

(a) Authority to Grant. The chief administrative judge for General Sessions in each circuit shall have exclusive authority to grant continuances of cases scheduled for trial or expected to be called for trial. Continuances may be granted by a presiding judge during a term of court at which he presides only upon written request by counsel, and any order granting a continuance shall be in writing, shall be made only upon a showing of good and sufficient legal cause and shall be filed forthwith with the clerk of court. A continuance granted by a presiding judge cannot extend beyond the next term of court without the approval of the chief administrative judge.
(b) Continuance Because of Absence of Witness. No motion for continuance of trial shall be granted on account of the absence of a witness without the oath of the party, his counsel, or agent to the following effect: the testimony of the witness is material to the support of the action or defense of the party moving; the motion is not intended for delay, but is made solely because he cannot go safely to trial without such testimony; and has made use of due diligence to procure the testimony of the witness or of such other circumstances as will satisfy the court that his motion is not intended for delay.

(1) When a subpoena has been issued, the original shall be produced with proof of service or the reason why not served endorsed thereon or attached thereto; or if lost the same proof shall be offered with additional proof of the loss of the original subpoena.
(2) A party applying for such postponement on account of the absence of a witness shall set forth under oath in addition to the foregoing matter what fact or facts he believes the witness if present would testify to and the grounds for such belief.
(c) Continuance for Good Cause. If other good sufficient cause for continuance is shown, a continuance may be granted by the chief administrative judge for General Sessions Court.

S.c. R. Crim. P. 7

This replaces Circuit Court Rule 27. The language is substantially the language of Rule 40(c), SCRCP, with additional language regulating the granting of continuances by the chief administrative judge and presiding judges.