Category Archives: What to Appeal?

Framing Issues in Appellate Briefs

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

Overview on Stating Issues on Appeal

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.”

Appellate PracticeChief 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

Appellate Briefs – How Many Issues?

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