Category Archives: Appellate Motions

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

Need an Extension In an Appeal? Just Ask

Stop WatchEver had opposing counsel tie you up on appeal with endless extensions after extensions? I once got tied up on an appeal taken before a final judgment where the appellant’s counsel got four extensions of time to file the opening brief. Over a year and a half passed before he filed the first brief. The case settled shortly after we responded. Continue reading