Is oral argument available at the appellate level?
Yes, oral argument is available at the appellate level in South Carolina. Oral argument is when parties in a legal dispute present their cases orally in a court. In South Carolina, the Court of Appeals and the Supreme Court both allow for parties to present oral arguments in certain cases. Oral arguments are voluntary, meaning that parties do not have to present them if they choose not to. However, oral argument does not always take place in South Carolina appellate courts. If the court decides that oral argument is unnecessary to resolve the dispute, it may decide not to hear oral arguments. Parties can make the request for oral argument by filing a motion with the court, which will then decide whether or not to grant the request. If oral argument is granted, the court will set a date, time, and place for the hearing. At the hearing, the court will hear the parties’ arguments in a certain order. Plaintiffs or appellants will usually present their arguments first, followed by defendants or respondents. Depending on the complexity of the case, a court may ask each side to give a brief opening statement and then ask questions about the case to each party. The court may also ask the parties to provide additional evidence. Oral argument gives parties a chance to present a different and often more persuasive argument than can be put forth in written legal documents. It allows parties to explain their case in greater detail and to respond directly to questions from the court. Therefore, it can be an important step in the court process.
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