South Carolina’s courts will resume full operations on Sept. 21, according to a memo from South Carolina Supreme Court Chief Justice Donald Beatty.
Court operations will resume normal scheduling and docket management, including in-person hearings in circuit and family courts and jury trials in circuit courts, but judges retain the discretion to conduct remote hearings, and the consent of all parties or attorneys for a remote hearing is not required, as it had been before.
“For the past six months, our state and nation have battled the ongoing COVID-19 pandemic,” Beatty’s Sept. 14 memo says. “During this time, the South Carolina Judicial Branch has been forced to alter our courts’ normal operating procedures. Yet, despite these challenging circumstances, our judges, clerks of court, and court staff have worked diligently to ensure that the South Carolina Judicial Branch continues to accomplish its mission … as we have incrementally increased court operations, it is now time to move toward normal court operating procedures.”
Only attorneys, parties, necessary witnesses, necessary court staff, and a limited number of members of the media will be allowed in the courtroom during hearings, Beatty said. Hearings must be adequately staggered, with 20 minutes between the end of one hearing and the beginning of the next to help maintain social distancing, which will limit the number of hearings that can be conducted each day.
Beatty said matters heard in person must be conducted “in a reasonably safe manner in accordance with established COVID-19 protocol,” including social distancing and the wearing of PPE when appropriate.
Beatty’s memo gives Family Court judges the discretion to hold hearings remotely but advises them to avoid continuances, which shouldn’t be granted based solely on the “general reluctance” of a party, attorney, or witness to attend court, as long as proper safeguards and protocols are in place. Judges can continue to grant an uncontested divorce or approve a settlement agreement or consent order without a hearing.
“Since the beginning of this pandemic, Circuit Court and Family Court judges have held about 11,000 hearings via WebEx,” Beatty wrote. “Numerous other hearings have additionally been held in person, via Zoom, teleconference, and other platforms. I am truly grateful to all who have made this possible.”
Beatty advised that circuit courts should prepare to conduct jury trials through the remainder of 2020. Counties that have submitted a COVID-19 jury trial plan and received approval can proceed with trials, while those who haven’t must do so by Sept. 18.