Lay persons may represent themselves in the South Carolina Court of Appeals. But they will be held to the same standards that apply to attorneys. So pro se appellants face the same error-preservation and procedural rules that have tripped up many attorneys. Continue reading
Last month the South Carolina Court of Appeals issued over a dozen decisions on how you may lose an appeal without getting to the merits. This ranged from appealing unappealable orders, to raising issues that were not preserved at trial or that were resolved in a prior appeal, to improperly briefing issues in your appellate brief. Continue reading
The South Carolina Court of Appeals recently ruled that my opposing counsel had raised unpreserved claims of error. The cases are Johnson v. Sam English Grading, Inc., Op. No. 5315 (S.C. Ct.App. filed May 6, 2015) and Tucker v. Doe, Op. No. 5338 (S.C. Ct.App. filed August 5, 2005). Together, the cases center on three rules. Continue reading
The South Carolina of Appeals yesterday confirmed that it does not ordinarily consider facts that are stated only by counsel. The case is Branch Banking and Trust Co. v. Graphic Express, LLC, No. 2014-UP-278 (S.C. Ct. App. filed June 30, 2014). Continue reading
Judge Silberman of the DC Circuit recently revived the topic of how and whether to use acronyms in an appellate brief. He created a stir by harshly criticizing a law school professor for submitting a brief too laden with acronyms. Continue reading
Judge Harry Pregerson of the Ninth Circuit Court of Appeals co-authored a short article entitled, “The Seven Virtues of Appellate Brief Writing: An Update from the Bench,” 38 Southwestern L.Rev. 221 (2008). These virtues are: Continue reading
I apologize for the headline. It is misleading because the South Carolina Rules of Appellate Procedure do not provide for an addendum.
This differs from the federal rule. Rule 24.1(f) of the United States Supreme Court Rules requires that relevant constitutional provisions, statutes, and other texts be set out verbatim within the brief or within an appendix to the brief.
Last week, Justice Scalia reminded Assistant Solicitor General Joseph Palmore about this rule. Continue reading