South Carolina Code 2-1-150. Members shall not be required to appear in court while General Assembly is in session
Notwithstanding the foregoing, the right to a continuance, where such continuance is based upon an attorney in such case being a member of the legislature, shall be a matter of right except in the following situations and under the following circumstances, and none other, to wit:
Terms Used In South Carolina Code 2-1-150
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) where litigation involves emergency relief and irreparable damage;
(2) where such attorney has previously been granted continuances for the same case for a period greater than one hundred eighty days; or
(3) in a criminal case where the client is incarcerated unless the defendant shall give his written consent to the continuance.
This section shall not affect or deny any other rights which a legislator may have to be excused from court appearances or appearances before administrative bodies or commissions provided by other provisions of law.