What is the process for appealing a small claims court decision to a higher court?
When a person is dissatisfied with the ruling of a small claims court in South Carolina, they have the right to appeal the decision to a higher court. The appeal process begins by filing a Notice of Appeal within 30 days of the small claims court hearing. The Notice of Appeal must include the case name, number, and county where the claim was heard in small claims court. After the Notice of Appeal is filed, the person can submit a Statement of Issues to the higher court. This statement must provide a clear and concise summary of the arguments of the appeal, as well as the facts upon which those arguments are based. The Statement of Issues must also include citations to legal authorities, such as case law and statutory law, upon which the appeal is based. After the Statement of Issues is filed, the appellant must then file a written brief to the court setting out the legal arguments in favor of the appeal. This includes details about the facts of the case, the applicable law, and how the small claims court decision should be overturned. The court may also require oral argument from the appellant, depending on the complexity of the case. After the oral argument, the court will issue a ruling on the appeal. This ruling can either uphold the small claims court decision, reverse it, or remand it back to small claims court for further proceedings.
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