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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.
The United States Supreme Court ? the highest appellate court in the American court system ? makes the final decision concerning a defendant's appeal. The Court is not required to hear an appeal in every case and takes only a small number of cases each year.
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.
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.
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
The record in an appeal is the official account of what went on at the hearing or the trial that is being appealed. A party designates the record by listing what items to include in a Notice Designating Record on Appeal form (Sample Form F).