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The Supreme Court of South Carolina

The Supreme Court of South Carolina

 

JEAN HOEFER TOAL
CHIEF JUSTICE

 

POST OFFICE DRAWER 12456
COLUMBIA, SOUTH CAROLINA  29211

MEMORANDUM

 

TO:  

Circuit Court Judges
Family Court Judges
Clerks of Court
Members of the S.C. Bar

   
FROM:   Jean H. Toal, Chief Justice
   
RE:              Motion Fee – Continuances Due to Military Service
   
DATE:  March 20, 2003

 

In light of the fact that many of our fellow South Carolinians have been called to active duty with their National Guard and Reserve units, I find it necessary and appropriate to provide a special exemption for the motion fee provided by S.C. Code Ann. § 8-21-320 (Supp. 2002).

The federal Soldiers’ and Sailors’ Civil Relief Act allows continuances to be granted when a party is absent due to active duty.  Similarly, S.C. Code Ann. § 25-1-2260 (Supp. 2002) provides an allowance for continuances when a party or a party’s attorney is called to active duty with the National Guard.  With respect to these authorities and in considering the best interests of the men and women engaged in military service, the motion fee shall not be applicable to motions for continuance based on the absence of a party or party’s attorney due to a call to active military duty. 

This memo shall function as an addendum to the memo concerning motion fees issued by me and dated January 15th, 2003 and is effective immediately.