South Carolina Appellants Informal Brief is a document submitted to the appellate court by the appellant (party appealing the decision of a lower court) in the state of South Carolina. It contains legal arguments and citations to relevant legal authorities that support the appellant’s position. The purpose of the brief is to persuade the court to reverse the decision of the lower court. There are two types of South Carolina Appellants Informal Briefs: the Statement of the Case and the Argument. The Statement of the Case outlines the facts and procedural history of the case, as well as the legal issues presented by the appeal. The Argument section presents the appellant’s legal arguments and citations to relevant legal authorities. The conclusion summarizes the appellant’s legal argument and requests that the court reverse the decision of the lower court.
South Carolina Appellants Informal Brief
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FAQ
The respondent can simply include a heading for Statement of the Facts in the brief and write a sentence that says they agree with the appellant's Statement of the Facts. However most respondents do include a Statement of Facts to tell their side of the case in a way that supports the judgment or appealable order.
The appellant must file a brief in support of the appellant's argument. The brief should set forth assignments of errors followed by arguments that show the errors that occurred in the trial court proceedings. The brief must include citations to the record, Local Rule 16(D), and to law to support the argument.
(A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the certiorari petition would present a substantial question and that there is good cause for a stay.
For criminal cases, defendant's notice must be filed in district court within 14 days after entry of judgment or within 14 days after filing of a timely appeal by the government; the government's notice of appeal must be filed within 30 days after entry of judgment or within 30 days after filing of a timely appeal by
The first written brief is the opening brief. It is the case for appeal prepared by the appellant. The opening brief argues why the trial court made a legal mistake, how the mistake impacted the decision, what could be corrected or reversed in the judgment, and why the judgment should be reversed.
(a) Time to Serve and File a Brief. (1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant's brief is served.
If a reply brief is filed, it must be served and filed within 21 days after service of the last appellee's brief (or cross-appellee's brief if a cross-appeal has been filed) but not less than 7 days before argument unless the Court allows a later filing. See LR 31.2(a)(2).
See Texas Rule of Appellate Procedure 38.6(b). If the appellant does not file a brief, the deadline to file an appellee's brief is generally 30 days after the date the appellant's brief was due (or 20 days in an accelerated appeal). See Texas Rule of Appellate Procedure 38.6(b).