S.C. Code Ann. § 14-8-90

When the Court may sit en banc

Applied in 4 court decisions — leading case State v. Dudley (2003)

Most recently applied in Williamson & Co. v. Middleton (July 2009)

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 e…

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.