What is the process for obtaining an appellate court review of a trial court’s decision?

In South Carolina, obtaining an appellate court review of a trial court’s decision is a multi-part process. First, a party seeking review must file a Notice of Appeal in the trial court within thirty days of the court’s final decision. A Notice of Appeal must include the name of the court, the name of the party seeking review, and the date of the final decision. After filing a Notice of Appeal, the party must then file a written brief in the appellate court. This brief should contain the party’s legal arguments as to why the trial court’s decision should be overturned. To support these arguments, the party must provide any relevant statutes, regulations, case law, and other legal precedents. After filing the brief, the appellate court may choose to hear oral arguments from both parties. Once both sides have made their argument, the appellate court will make its decision. The court may either uphold the trial court’s decision, modify it, or reverse it. If reversed, the case will return to the trial court, and a different decision may be reached.

Related FAQs

What issues can be raised on appeal?
What happens if I lose my appeal?
Are parties able to challenge an appellate court’s decision through a petition for rehearing?
How often do the appellate courts review their decisions?
Can a party appeal a judge’s decision directly to the state's Supreme Court?
What is the difference between trial and appellate courts?
What legal remedies are available in an appeal?
What is the cost of filing an appeal?
Are there any deadlines or limitations periods for filing an appeal?
What procedures are available to challenge a conviction on appeal?

What is the process for obtaining an appellate court review of a trial court’s decision?

Related FAQs

Related Blog Posts