How to Bypass the SC Court of Appeals

Say your opposing counsel uncovered a South Carolina Supreme Court decision that just kills your case. You tried to distinguish it and use other techniques to deal with it, but the case is there. The trial court relied on it to toss your case, and the Court of Appeals will likely agree that the precedent controls.

So what do you do? Continue reading

How to Friend the SC Appellate Courts

No, this is not about social media. We are talking about filing amicus curiae or “friend of the court” briefs in South Carolina appeals.

Amicus briefs got my attention when an outfit filed a Rule 213, SCACR, motion for leave to file an amicus brief. The proposed amici supported my client, and I welcomed the help. Opposing counsel was less inviting

To oppose leave, counsel relied heavily on Judge Richard Posner’s view of amici. While the proposed amici did not reply, Judge Samuel Alito offers plenty of ammunition.  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