You finally have a hearing date. Then you learn your lawyer will be out of the office that week. Will your case stall, or will you face the judge alone? Thanks to Rule 615 secure leave, South Carolina now answers that question long before it comes up.

What is Rule 615 secure leave?

Secure leave is protected time away from court. A lawyer picks the weeks in advance, and courts schedule around them. The idea is not new. It first appeared as a pilot program adopted on November 16, 2022, at the request of the South Carolina Bar.

In a June 19, 2024 order, the Court extended the pilot through 2026. That order also raised the limit from three weeks to four. In addition, it cut the advance notice from ninety days to sixty.

Then, in its September 23, 2026 order, the Court made the program permanent “based on the success of the Pilot.” The order took effect immediately. Notably, the procedures from the 2024 pilot carry over without change. The Court also updated its secure leave forms to cite the new rule. For family court, form SCCA 500 now carries a September 2026 revision date and is posted on the South Carolina Judicial Branch court forms page.

Although the rule sits in the appellate rules, it reaches much further. Secure leave applies in every court in South Carolina’s Unified Judicial System. That includes the family courts in Charleston, Berkeley, and Dorchester Counties.

How a lawyer designates secure leave

Rule 615 sets clear limits on when and how a lawyer can take secure leave. Here are the key points:

What Rule 615 secure leave means for you as a client

Here is the most important part for clients. Once a lawyer properly designates secure leave, it is allowed “without further action of any court.” In other words, no motion is needed.

During that week, neither the lawyer nor any client the lawyer represents has to appear at any in-person or remote proceeding. The rule expressly covers depositions and court-annexed mediation, too. One exception applies: the lawyer may agree to go forward.

So if your family court mediation or a deposition lands in a secure leave week, you will not have to attend without your attorney. Instead, the session can be moved to another date.

What happens if a hearing is set during secure leave?

Sometimes a hearing gets scheduled for a protected week anyway. When that happens, the lawyer promptly files and serves a copy of the designation, along with a request to reschedule. If someone other than a party or the clerk set the proceeding, such as a mediator, the lawyer notifies that person as well.

Under Rule 615, the court shall reschedule the proceeding. There are only two exceptions. The first is a designation that did not follow the rule. Another is a designation made solely to hinder the timely resolution of a case. Better still, there is no motion fee for filing proof of secure leave.

Secure leave does not pause your deadlines

This point surprises many people. A secure leave designation does not extend any deadline to file or serve papers. Discovery answers, financial declarations, and motions are still due on time.

As a result, planning matters. If your lawyer has a secure leave week coming up, expect requests for documents earlier than usual. Getting your paperwork in early keeps your case on track.

Limits on secure leave

Rule 615 is not a blank check. A judge may revoke a designation that did not follow the rule or that was made solely to delay a case.

At the same time, the rule does not replace the old ways of asking for time away. Courts keep their inherent power to protect a lawyer for a day or several days, or to continue a hearing when that is appropriate. Likewise, the Court’s 2024 order stressed that secure leave supplements the existing system of protection letters and orders. Other continuance requests still go through the usual process, often handled by the chief administrative judge in family court.

What about the other side’s lawyer?

The rule works both ways. Your spouse’s or co-parent’s attorney can also take secure leave. If that lawyer protected a week first, your hearing may need to move.

This can feel frustrating when you want answers quickly. Still, a proper designation is not a stall tactic. If a designation looks improper, your lawyer can raise it with the court.

Practical tips for clients

• Ask your lawyer early whether any secure leave weeks are planned during your case.
• Share your own schedule, such as school breaks, work travel, or holidays, so dates can be planned together.
• Send documents on time, because deadlines keep running during secure leave.
• Ask who at the firm can help with urgent questions while your lawyer is away.

Frequently asked questions about Rule 615 secure leave

Does Rule 615 apply in South Carolina family court?

Yes. Secure leave applies in any court in the Unified Judicial System, including family court. For family court, the lawyer also submits a form to the clerk in the county where the lawyer mainly practices.

How much secure leave can a lawyer take?

A lawyer may designate up to four full calendar weeks each year. Each week runs Monday through Friday.

Will my mediation be moved if it falls during secure leave?

Usually, yes. Neither the lawyer nor the client must attend court-annexed mediation during secure leave unless the lawyer agrees. In that case, the session would typically be rescheduled.

Does secure leave extend my filing deadlines?

No. Rule 615 states that secure leave does not toll or extend deadlines to file or serve papers.

Is secure leave new in South Carolina?

Not entirely. It began as a pilot program in 2022. On September 23, 2026, the Supreme Court of South Carolina made it permanent as Rule 615, SCACR.

Talk with a Lowcountry family law attorney

Court rules change often, and each change can affect when and how your case moves forward. At Klok Law Firm LLC, we help families in Mount Pleasant, Charleston, Berkeley, and Dorchester Counties understand what to expect at every step. Call Klok Law at (843) 701-1695 to discuss your options.

This article is for general information only and is not legal advice. For advice about your specific situation, contact Klok Law at (843) 701-1695.