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2013-01-31-03

The Supreme Court of South Carolina

RE: Amendments to the South Carolina Rules of Criminal Procedure

Appellate Case No. 2012-212106


ORDER


Pursuant to Article V, § 4, of the South Carolina Constitution, the South Carolina Rules of Criminal Procedure are hereby amended as provided in the attachment to this order.  These amendments shall be submitted to the General Assembly as provided by Art. V, § 4A of the South Carolina Constitution.

s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
January 31, 2013


 

The South Carolina Rules of Criminal Procedure are amended by adding the following Rule:

RULE 35
TIME

In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.  The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a State or Federal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor such holiday.  When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.  A half holiday shall be considered as other days and not as a holiday.

Note:

Rule 35 is the language of Rule 6(a), SCRCP.