South Carolina Form 13 - Brief of Appellant
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How to fill out South Carolina Form 13 - Brief Of Appellant?
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FAQ
At any time in its discretion and upon terms as it deems just, the court may, by written order, allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
Rule 203(b)(1), South Carolina Appellate Court Rules (SCACR), requires notice of appeal be served within thirty days after receiving written notice of entry of an order or judgment. While the notice of appeal must be served upon parties, there is no such requirement as to the written notice of entry of a judgment.
Under Rule 242 of the South Carolina Appellate Court Rules (SCACR), a party may seek review of a decision of the South Carolina Court of Appeals by filing a petition for a writ of certiorari and appendix with this Court.
Upon timely application anyone may be permitted to intervene in an action: (1) when a statute confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common.
The respondent's brief argues that the trial court's decision was correct. Even if the trial court made a legal mistake, the respondent's brief may argue that the mistake did not impact the judgment. The respondent's brief is optional.
The Circuit Court is the trial court of general jurisdiction; the Family Court and Master-in-Equity also exist at this level, hearing specific cases. The Court of Appeals acts as the intermediate appellate court. The South Carolina Supreme Court is the highest court in the state.
Under Rule 242 of the South Carolina Appellate Court Rules (SCACR), a party may seek review of a decision of the South Carolina Court of Appeals by filing a petition for a writ of certiorari and appendix with this Court.
Unless otherwise directed by the court, motions or petitions shall be decided without oral argument. If argument is directed, the appellate court may elect to conduct the argument using remote communication technology. Further, any necessary oath or affirmation may be administered by remote communication technology.