What remedies are available for a party who loses an appeal?

If a party loses an appeal in South Carolina, they have several options for remedies. A party can file a Motion for Rehearing or Rehearing En Banc. This motion must be filed within 10 days of the court’s decision and must state the grounds for the motion. If the motion is denied, the party can then seek appellate review in the Supreme Court of South Carolina. This review is discretionary, meaning the court is not obligated to hear the appeal. If the court denies the appeal, a party can file a Petition for Writ of Certiorari with the Supreme Court of the United States. This type of appeal is also discretionary; the court is not obligated to hear the case. The petition must show a clear error of law in the lower court ruling. Finally, if all appeals are denied, the party can seek review through the South Carolina Supreme Court. This review is also discretionary, but the court may choose to grant a review if they believe the lower court’s decision was in error. This type of review does not involve a new trial or reargument of the case, rather the court must determine whether the lower court applied the law correctly. If the court finds the lower court in error, it can modify or reverse the ruling.

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