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South Carolina
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RULE 601
CONFLICTS IN HEARING DATES

(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 Circuit Court - General Sessions.

(5) The Family Court - merits hearings involving child abuse, child neglect and termination of parental rights upon approval of the Chief Judge for Administrative Purposes for the Family Court and notice to the Chief Judge for Administrative Purposes for the Circuit Court five days prior to the term of the Circuit Court.

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

(7) The Family Court – all cases not referenced in (5) 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.

(b) Conflict With Federal Courts.  When times set for appearances before state and federal courts are in conflict, appearance shall have such priority as is appropriate.  Courts and counsel shall have the obligation to adjust schedules to accord with the spirit of comity between the state and federal courts.

(c) Attorney to Give Notice.  An attorney who cannot make a scheduled appearance because of the priority established by paragraph (a) of this rule shall notify the affected tribunals as soon as the conflict becomes apparent.

Amended by Order dated May 14, 2010, effective immediately.