How to Appeal a Court’s Decision in South Carolina?
If you are appealing a case in South Carolina, you must follow some guidelines throughout the process. The first step is to file a notice of appeal.
Notice of Appeal
Your notice of appeal must be filed with the district court clerk where your original case was held. You must include the following information on the form:
- Court where your case was held.
- Case number and judge’s name.
- Names and addresses of all the persons involved.
- The final judgment which you are appealing.
- $100 filing fee due at the time of filing.
You will also need to order transcripts of the case for the appeal. You can do this at the district court clerk’s office as well.
The next step is to prepare and submit your appellant brief. This details the original case, errors you noticed and what you want to be done about it. Along with your brief, you must include a Designation of Matter which details which parts of the transcript will be used in the appeal.
You have thirty days after filing the notice of appeal to submit your brief. The brief must contain:
- Table of contents and list of cases.
- Statement on issues.
- Statement of the case.
The appellee has thirty days to submit their brief and then you have another ten days to file a reply brief if you choose.
Neither the appellant or appellee briefs can exceed fifty pages, and there are specific formatting guidelines to follow when preparing.
You are also responsible for making sure the Record on Appeal (all documents related to the case) is appropriately compiled and disseminated to all parties.
It will take the panel of three judges between four to six months to review your case and then they will determine whether or not to uphold the original decision.
If you are unhappy with the final opinion of the appellate court, you can petition for another review or take it higher to the Supreme Court. You have fifteen days following the decision to petition.