Parties in South Carolina who respond to an appeal may defend the trial court order with any ground appearing in the record. Myers v. Titlemax of South Carolina, Inc., Op. No. 2017-UP-098 (S.C. Ct.App. March 8, 2017), shows how this works. Continue reading
This post is in a series on ways to frame the issues on appeal, and wraps up the discussion with a synopsis of South Carolina history. Continue reading
The last post listed several ways to state an issues on appeal. This one discusses recommendations found in Wayne Schiess and Elana Einhorn, “Issue Statements: Different Kinds for Different Documents,” 50 Washburn Law Journal 341 (2011); and Judith D. Fischer, “Got Issues? An Empirical Study About Framing Them,” 6 JALWD 1 (2009). Continue reading
How do you state the issues that you want to raise on appeal? Rule 208, SCACR, grants the writer flexibility on this point. It says,”The statement shall be concise and direct as to each issue, and may be stated in question form. Broad general statements may be disregarded by the appellate court.”
Chief Justice Toal advocates the Goldilocks approach. One should avoid issue statements that are so general that they do not tell the reader what he or she must decide, and those that are so excessively detailed that they are difficult to comprehend. Jean H. Toal, et. al., Appellate Practice in South Carolina (2d ed. 2002) at 210-211.
Where is the happy median? Continue reading
In South Carolina, the Statement of Issues on appeal immediately follows the Tables of Contents and Authorities. Rule 208(b)(1)(B), SCACR. An earlier post explained that the headings in the Table of Contents should already tell the reader what the issues are, what your position is, and explain how you reached it. This post discusses how many issues to raise. Continue reading