South Carolina Notice of Intent to Appeal

State:
South Carolina
Control #:
SC-SKU-0700
Format:
PDF
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Description

Notice of Intent to Appeal

A South Carolina Notice of Intent to Appeal is a document that is filed with the South Carolina Supreme Court by a party wishing to appeal a decision or ruling made by a lower court or tribunal. The Notice of Intent to Appeal serves as an official announcement of the party's intention to appeal and provides notice to all involved parties of the appeal. It must be filed within 30 days of the lower court's decision. There are two types of South Carolina Notice of Intent to Appeal: a direct appeal and a petition for a writ of certiorari. A direct appeal is a request for the South Carolina Supreme Court to review the lower court's decision. A petition for a writ of certiorari is a request for the Supreme Court to grant review of a lower court decision that the party feels is in error. Both types of Notice of Intent to Appeal must include the name and address of the appellant, the name and address of the lower court, the date of the lower court's decision, the type of appeal being requested, and a statement of the reasons why the appellant believes the lower court's decision was incorrect.

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FAQ

The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court.

SECTION 14-3-330. Appellate jurisdiction in law cases. (4) An interlocutory order or decree in a court of common pleas granting, continuing, modifying, or refusing an injunction or granting, continuing, modifying, or refusing the appointment of a receiver.

Every Record on Appeal shall contain an index to the principal matters therein to include orders, judgments, decisions, pleadings, pretrial matters, opening statements, testimony, motions, closing arguments, jury charges, post-trial motions and exhibits.

'02 Section 368; 1870 (14) 383; 1873 (15) 502. SECTION 18-7-170. Judgment on appeal. Upon hearing the appeal the appellate court shall give judgment ing to the justice of the case, without regard to technical errors and defects which do not affect the merits.

You may file an appeal one of two ways: By completing and mailing a Notice of Appeal to the Appellate Panel Form CM1 (APP-111) or writing an appeal letter detailing your disagreement with the determination.

Who may appeal. ? Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.

If an appeal is to be taken, then the party must be sure to serve and file its ?Notice of Appeal? within the allotted time. An appeal of a civil matter must be made within 30 days of the receipt of an order. The time to make an appeal from a criminal conviction is 10 days.

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South Carolina Notice of Intent to Appeal