What are the time limits for filing an appeal?
In South Carolina, the time limits for filing an appeal depend on the type of case and court. Generally, appeals must be filed within 30 days from the date of the judgement or order from the lower court. However, there are some exceptions to this rule. If the lower court has stayed its judgement or order, the time limit for filing an appeal is extended to 60 days. In criminal cases, the defendant must file the appeal within 14 days of the judgment or order. If the defendant is not present or represented at the lower court level, the time limit may be extended up to 120 days. In civil cases, if a motion for a rehearing or a motion to alter or amend the order or judgement is granted, the appellant has 14 days after the ruling to file the notice of appeal. If no motion is made, the appellant has 30 days. In some cases, the time limits for filing an appeal can be extended. This requires the appellate court or the trial court to issue an order extending the time for filing. There must be “good cause” for the court to extend the time. Examples of good cause may be when legal or medical issues prevent the appellant from filing in a timely manner. It is important to note that failure to file the notice of appeal within the prescribed time limit may mean the lower court’s judgement or decision will remain in effect. Therefore, it is important to act quickly and to seek legal advice as soon as possible if you intend to appeal a judgement or decision.
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