The appeals process in South Carolina courts allows individuals and businesses to seek a review of a trial court’s decision. This process ensures that justice is served by correcting legal errors or addressing procedural concerns. At Winslow Law, our attorneys have a deep understanding of South Carolina’s appellate rules and are committed to guiding clients through this complex process.

In South Carolina, the appeals process begins with filing a Notice of Appeal within 30 days of the trial court’s decision. This step notifies the court and opposing parties of the intent to appeal. The appellant must then provide a Record on Appeal, which includes transcripts and relevant documents from the trial court, as well as a written brief outlining legal arguments. The opposing party may file a response brief, after which the appellate court may schedule oral arguments.

The South Carolina Court of Appeals and Supreme Court handle most appeals. The appellate court’s role is not to re-try the case but to review whether the trial court correctly applied the law. Their decision can result in affirming, reversing, or remanding the case for further proceedings.

At Winslow Law, we excel in crafting persuasive appellate briefs and delivering compelling oral arguments. With a track record of success in appellate advocacy, our team ensures that every legal and procedural detail is meticulously addressed. Our expertise in navigating South Carolina’s appellate system gives clients the confidence they need during this critical phase of their case.

FAQs

Q: What is the first step in the appeals process in South Carolina?
A: The appeals process begins with filing a Notice of Appeal within 30 days of the trial court’s final decision. This document notifies the court and the opposing parties of your intent to appeal. Failure to file within this timeframe may result in losing the right to appeal.

Q: Will the appellate court re-try my case?
A: No, appellate courts in South Carolina do not re-try cases or consider new evidence. Their role is to review the trial court’s application of the law to determine if any legal errors were made that impacted the outcome of the case.

Q: What documents are required for an appeal?
A: The appellant must provide a Record on Appeal, which includes transcripts, exhibits, and relevant documents from the trial court proceedings. Additionally, a written brief outlining the legal arguments must be submitted.

When justice requires a second look, Winslow Law is here to provide steadfast support. Contact us to learn how we can assist with your appeal.