Category Archives: Appellate Briefs

SC Appellate Blunders for June 2016

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

In SC, What Goes into a Brief’s Addendum?

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