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South Carolina Motion to be Relieved as Counsel

South Carolina Motion to be Relieved as Counsel

Name: South Carolina Motion to be Relieved as Counsel
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.69 (488 reviews)

Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1010

Format:

Instant download

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Description

Motion to be Relieved as Counsel

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1 A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion.

Rules to show cause carry powerful sanctions which are listed in S.C. Code § 63-3-620. The court can order the other party to spend up to one year in jail, fine him or her up to $1,500.00 or make him or her perform up to 300 hours of community service unless and until that party complies with the court order.

If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.

The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.

Upon any trial or hearing, the clerk shall furnish the original record in the action to the judge, who shall return same to the clerk immediately upon completion of such trial or hearing. Copies of the record may be furnished instead of the original by permission of the judge.

Filing a Brady Motion ? Another option is to file a Brady motion, which compels the prosecution to disclose any material and exculpatory evidence in its possession.

Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.

A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).

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If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance.The typical answer is that the client did not voluntarily consent to counsel's request to be relieved. Review the motion to determine if it: □ Is signed;. □ Has the attorney's name and address complete and consistent with the filing attorney's. Trial counsel who wishes to be relieved on appeal must move in the Court of Appeals after filing the Notice of Appeal. Then: Urge the client to immediately seek other counsel. Attach a copy of the motion you filed with the court to be relieved as counsel. A person over 18 years of age must serve the documents. A person over 18 years of age must serve the documents.

South Carolina Motion to be Relieved as Counsel

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