The South Carolina of Appeals yesterday confirmed that it does not ordinarily consider facts that are stated only by counsel. The case is Branch Banking and Trust Co. v. Graphic Express, LLC, No. 2014-UP-278 (S.C. Ct. App. filed June 30, 2014). Continue reading
Judge Silberman of the DC Circuit recently revived the topic of how and whether to use acronyms in an appellate brief. He created a stir by harshly criticizing a law school professor for submitting a brief too laden with acronyms. Continue reading
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., 407 S.C. 544, 757 S.E.2d 695 (2014). Continue reading
Judge Harry Pregerson of the Ninth Circuit Court of Appeals co-authored a short article entitled, “The Seven Virtues of Appellate Brief Writing: An Update from the Bench,” 38 Southwestern L.Rev. 221 (2008). These virtues are: Continue reading
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