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.”
Chief 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 “Overview on Stating Issues on Appeal”