Parties who appeal a summary-judgment order do not need to include in the Record on Appeal the transcript of the trial-court hearing on the motion. Continue reading
“Common Mistakes in Appellate Practice and How to Avoid Them” — a talk by Attorney Mark Fulks — highlights seven mistakes that he often sees in appellate practice. The audio is here:
The mistake that hit home with me is drafting a brief without reviewing the transcript or citing the record. Continue reading
The South Carolina Court of Appeals today reaffirmed three familiar principles of error preservation:
- an issue must be clearly raised in the trial court to raise it on appeal
- an issue is abandoned if not supported by authority
- an issue may not be raised for the first time in an appellate reply brief.
The decision is Rivera v. Newton, 401 S.C. 402, 737 S.E.2d 193 (2012).
Has anyone caught opposing counsel in similar errors? Please let us hear from you. You may reach me through the comment box or at www.attorneyroberthill.com.
In creating a Statement of the Facts, brief writers are generally limited to materials submitted to the trial court. Rule 208(b)(4), SCACR, requires that the brief contain references to material that are properly included in the Record on Appeal. And to be included, materials must first be submitted to the trial court.
An earlier post explained that the party taking the appeal is responsible to make sure that the Record on Appeal is complete. The appellate courts will likely affirm the lower court ruling if the Appellant does not give the appellate courts an adequate record to review. Beverly S. v. Kayla R., 395 S.C. 399, 718 S.E.2d 224 (Ct.App. 2011).
This post covers how to prepare the Record. The next one discusses what the Record may and may not include. Continue reading