S.C. Code Ann. § 14-8-90 – When the Court may sit en banc

(a) The Court may sit en banc to hear cases upon:
1. (1) petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition is granted by six judges of the Court; or
2. (2) its own motion agreed to by six judges of the Court.
(b) When the Court sits en banc, six of the judges constitute a quorum and a concurrence of six of the judges is necessary for a reversal of the judgment below. The Chief Judge shall preside, and in his absence the judge senior in service and present shall preside.

HISTORY: 1979 Act No. 164 Part IV-A Section 1, eff July 1, 1979; 1983 Act No. 89 Section 1, eff June 2, 1983; 1985 Act No. 105, Section 1, approved by the Governor on May 21, 1985, and eff after July 1, 1985; 1995 Act No. 145, Part II, Section 85D, eff June 29, 1995.

Editor's Note

1985 Act No. 105, Section 3, provides as follows:

"Notwithstanding the provisions of Act 90 of 1983 which provide for the manner in which Sections 14-8-90 and 14-8-250 of the 1976 Code shall read effective July 1, 1985, these sections, as amended by the provisions of Sections 1 and 2 of this act respectively, shall continue to read in the manner provided herein after July 1, 1985."

Effect of Amendment

The 1983 amendment rewrote this section.

The 1985 amendment deleted the requirement that a case must first have been heard by a panel of the court before the court may sit en banc to hear the case.

The 1995 amendment revised this section to conform to the increase in the number of associate judges; and replaced former paragraphs (a) and (b) with paragraphs (a)(1) and (2), and (b).