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Ex. SC-047 Order Primary source read

Order re Operation of the Trial Courts During the Coronavirus Emergency (2020-04-03-01)

Statewide trial-court operations order: jury trials continued; hearings remote or limited to ten persons

Supreme Court of South Carolina · South Carolina (Court)

The COVID Project

The record

Jurisdiction
South Carolina
Level
Court
Authority
S.C. Const. art. V, § 4; Appellate Case No. 2020-000447
Issued
2020-04-03 Apr. 3, 2020
Effective
2020-04-03 (immediately) 'until modified or rescinded' (read as 2020-04-03)
End
Amended Apr. 14 and Apr. 22, 2020 (SC-048), Dec. 16, 2020 (SC-052), Mar. 4, 2021, June 15, 2021 (SC-054); replaced Aug. 27, 2021 (SC-056) (read as 2020-04-22)
In force
Apr. 3, 2020 to Apr. 22, 2020
Quarters
2020 Q2
Limitation types
Gathering capCourts and public officesWorkplace rules
Addressees
  • all trial courts (circuit, family, probate, master-in-equity, summary courts)
  • lawyers, litigants, jurors and law enforcement
Functions reached
  • CT courts (jury trials suspended; in-person hearings capped)
  • CL closings (remote oaths; notaries for depositions)
  • PJ client litigation projects
  • CB legal-services customer base
Collection
South Carolina SC

Operative words

Jury Trials. All jury selections and jury trials in all criminal and civil cases are continued until further notice.... A hearing on a motion or other matter may be conducted using remote communication technology... If an in-person hearing is conducted, only attorneys, the parties, and necessary witnesses will be allowed to appear. The total number of participants should not exceed ten (10) people.... Until further order of this Court, preliminary hearings will not be conducted.... the due dates for all trial court filings due on or after the effective date of this order are hereby extended for thirty (30) days.

Enforcement

'In the event of a conflict between this order and [the court rules]... this order shall control'; replaces the Chief Justice's Mar. 16, 2020 memoranda and the Mar. 18 family-court order

Notes

Also stayed deadlines under scheduling orders issued before Apr. 3, 2020 retroactive to Mar. 13, 2020, 'until forty-five (45) days following the date on which the Governor lifts or rescinds the emergency orders' (as later restated in SC-052 and SC-054).