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 is the process for filing a petition for writ of habeas corpus?
How do I access the appellate court records?
What is the standard of review for an appellate court’s decision?
What is the standard of review in appellate proceedings?
What is the scope of review for an appellate court?
What happens after a decision is rendered by an appellate court?
How do I appeal a court decision?
What is the process for seeking an en banc hearing on an appeal?
What are the consequences of an appellate court’s decision?
What is the appellate court’s jurisdiction over a case?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023