South Carolina Motion for Continuance

Introduction

Key Things to Know

1. 1

   Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.

2. 2

   South Carolina calls this a continuance (also a postponement). Circuit court uses SCRCP Rule 40(i); magistrate court uses SCRMC Rule 14.

3. 3

   The circuit court standard: if good and sufficient cause for continuance is shown, the continuance may be granted by the court (Rule 40(i)(1)). Magistrate court asks for good cause shown when necessary to serve the ends of justice. No ground guarantees a grant.

4. 4

   Circuit court continuances are ordinarily only until the next term, and each calendar week of circuit court is a separate term. Counsel request them as actions are called (Rule 40(i)(1)).

5. 5

   A continuance of trial for an absent witness needs the oath of the party, counsel or agent that the testimony is material and the motion is not for delay, and the original subpoena with proof of service must be produced (Rule 40(i)(2)).

6. 6

   In magistrate court, except in unusual circumstances, no party gets more than one continuance, each needs the court's specific approval, and it should be as short as possible. Raising a new claim, defense or counterclaim at trial is a listed ground (Rule 14).

7. 7

   Eviction and small claims are heard in magistrate court, where Rule 14 applies. This page does not state family court continuance rules, a motion notice period, or an official form; ask the clerk of your court.

South Carolina Requirements for Motion for Continuance

• Good and Sufficient Cause (Circuit Court)

  If good and sufficient cause for continuance is shown, the continuance may be granted by the court (SCRCP Rule 40(i)(1)). Requests are made as actions are called.

• Next Term Limit

  Circuit court continuances ordinarily shall be only until the next term of court, and each calendar week of circuit court is a separate term (SCRCP Rule 40(i)(1)).

• Absent Witness Oath

  No continuance of trial is granted for an absent witness without the oath of the party, counsel or agent that the testimony is material and the motion is not intended for delay (SCRCP Rule 40(i)(2)).

• Absent Witness Diligence and Subpoena

  The oath also addresses due diligence and expected testimony, and the original subpoena with proof of service must be produced (SCRCP Rule 40(i)(2)).

• Magistrate Court Good Cause Standard

  Magistrate courts are lenient in granting continuances of trials for good cause shown when necessary to serve the ends of justice (SCRMC Rule 14).

• One Continuance in Magistrate Court

  Except in unusual circumstances, no party is allowed more than one continuance in any case, and all continuances must have the specific approval of the court (SCRMC Rule 14).

• New Claim or Defense at Trial

  In magistrate court, raising a claim, defense or counterclaim for the first time at trial is grounds for a continuance when necessary to serve the ends of justice (SCRMC Rule 14).

• Short Continuance and Other Side's Wishes

  A magistrate court continuance should be as short as possible, and the other party's wishes are considered in rescheduling (SCRMC Rule 14).