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
Last Wednesday, the South Carolina Supreme Court agreed with me that an insurance company cannot contractually eliminate a resident relative’s ability to stack underinsurance motorist coverage from other companies. Continue reading
South Carolina statutes granting attorney fees include fees for work on appeal and after a remand. And after remand, the trial court may grant statutory appellate fees even if the appellate court earlier denied a Rule 222, SCACR, motion for the standard appellate fee. Continue reading
Last week, the South Carolina Court of Appeals reminded lawyers how to draft briefs. In McLaughlin v. Ninan, Op.No. 2013-UP-261 (S.C. Ct.App. filed June 19, 2013), the Court summarily affirmed a circuit-court order for three missteps: Continue reading
What do the New England Patriots’ head coach and the South Carolina Supreme Court have in common? Both can say “Do Your Job” and make it stick. Mandamus is the Supreme Court’s way to make it stick. Continue reading
Last Friday’s post noted that the South Carolina Supreme Court may review trial-court orders on certiorari even if the order is not appealable before final judgment. This post describes how this works. Continue reading
What do Chaucer, Einstein, and the Grammar Girl have in common? They begin sentences with conjunctions. And they are not alone. Continue reading