Category Archives: Appellate Briefs

When Do Binding Cases Begin to Bind?

The South Carolina Supreme Court recently clarified when its decisions apply to all similar circumstances or only those that arise after the decision is rendered. In civil cases, decisions are presumptively retroactive. For the decision to apply prospectively only, it must create new substantive rights or impose new liabilities. Lord v. D & J Enterprises, Inc., Op. No. 27376 (S.C. Sup.Ct. filed April 9, 2014).  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