(a) The Court may sit en banc to hear cases upon:
(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) 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."
Structure South Carolina Code of Laws
Section 14-8-10. Court of Appeals created; number of judges.
Section 14-8-20. Election of members of the court; terms of office.
Section 14-8-30. Qualifications for office.
Section 14-8-40. Oath of office.
Section 14-8-50. Salary; prohibition on holding other offices.
Section 14-8-70. Presiding in certain cases prohibited.
Section 14-8-90. When the Court may sit en banc.
Section 14-8-120. Editing, publishing, and distributing of opinions and decisions.
Section 14-8-130. Sheriff to serve and execute order or process.
Section 14-8-200. Jurisdiction of Court; limitations.
Section 14-8-210. Review by Supreme Court.
Section 14-8-220. Power of Court and judges to administer oaths and writs; appeal.
Section 14-8-230. Rules governing administration.
Section 14-8-260. Notice of intent to appeal; determination of cases assigned to Court of Appeals.
Section 14-8-270. Appeal from interlocutory orders involving injunctions.
Section 14-8-280. Certification of issues of fact to lower courts; appointment of referees.
Section 14-8-290. Powers of judge at chambers.
Section 14-8-400. Terms of Court; order of docketing.
Section 14-8-410. Where Court may sit.
Section 14-8-420. Cases not heard in period allotted.
Section 14-8-430. Supreme Court to promulgate rules.
Section 14-8-450. Court not limited to places designated by law for holding court.
Section 14-8-500. Publication and distribution of opinions and decisions.
Section 14-8-550. Court of Appeals to be part of unified judicial system.