Are motions allowed in a criminal appeal?
In South Carolina, motions are allowed in a criminal appeal. A motion is a request from one party in the case to the court, usually to ask the court to make some kind of decision or ruling. For instance, a defendant might file a motion to suppress evidence if the evidence was gathered in an illegal manner. The South Carolina Appellate Court Rule 203 outlines the process for filing motions in appellate cases. Generally, the filing party must make a written motion that contains a statement of the relief sought, the grounds for the motion, and the legal authorities that support the motion. All parties in the case must be served notice of the motion and given the opportunity to respond before a hearing can be held. At the hearing, the court may grant the motion or deny it. Either way, the court must issue an opinion explaining its decision. If the motion is denied, the court may also decide to impose sanctions on the filing party, such as awarding attorney fees or other costs to the opposing party. In summary, motions are allowed in criminal appeal cases in South Carolina. The court requires that the motion be in writing, with a clear statement of the relief sought, grounds, and legal authorities that support the motion. All parties must be notified and given the opportunity to respond before a hearing is held. The court may grant or deny the motion, and must issue an opinion explaining its decision.
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