Lawyers in South Carolina and North Carolina have been granted administrative reprieves after Hurricane Helene cut across the states.
In South Carolina, two orders from the state’s Supreme Court declared Friday, Sept. 27, through Friday, Oct. 4, to be filing “holidays” statewide, based on the authority given the court by Rule 611 of the South Carolina Appellate Court Rules. The original order was issued Monday, and the second was issued Tuesday.
The holidays govern computing time under Rule 263 of the South Carolina Appellate Court Rules; Rule 6 of the South Carolina Rules of Civil Procedure; Rule 35 of the South Carolina Rules of Criminal Procedure; and Rule 3 of the South Carolina Rules of Magistrates Court.
The order cited the closure of many of the state’s courthouses starting Friday as Helene marched northward across the South after coming ashore in Florida. The storm left many South Carolinians without power, damaged roads and caused gasoline shortages.
“We find these problems adversely affect the ability of many lawyers and litigants to comply with filing and service deadlines in various courts throughout the state,” the initial order says.
It also left open the possibility that the three holidays might not be the only step taken.
“The Supreme Court will evaluate conditions to determine whether the filing holidays declared in this order should be further extended,” it says.
In North Carolina, Chief Justice Paul Newby published an order Sunday that, effective Monday, extended deadlines for filings of pleadings, motions, notices and other documents or taking of others acts. The order allows work that were due between Sept. 26 and Oct. 14 to be considered timely if done by the end of the business day Oct 14.
The nine-page order covers 25 counties, ranging from Alleghany and Gaston in the Piedmont to Clay in far western North Carolina and Ashe in the state’s northwestern corner. Also covered are Alexander, Avery, Buncombe, Burke, Caldwell, Catawba, Cleveland, Haywood, Henderson, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, Wilkes, and Yancey counties.
“Having consulted the local judicial officials, I hereby determine and declare under N.C.G.S. § 7A-39(b)(1) that catastrophic conditions resulting from severe weather and flooding exist or have existed in certain western North Carolina counties,” Newby wrote in the order. “… As we assess the situation in each county, however, these deadlines may be extended.”
He also urged local court officials to assess the situation in their area and grant other relief if merited, balanced against the need for “the prompt administration of impartial justice.”