APPELLATE PRACTICE IN SOUTH CAROLINA

appellateNeed to know the South Carolina judicial structure and how to appeal from Certain Courts?  The resource, Appellate Practice in South Carolina, Second Edition by: Jean Hoefer Toal, Shahin Vafai, And Robert A. Muckenfuss would be a great place to start.  The principal author, Jean Hoefer Toal, began her service as an Associate Justice on the Supreme Court of South Carolina on March 17, 1988, becoming the first woman to serve as a Justice of the South Carolina Supreme Court.

In 2000, Ms. Toal was elected as Chief Justice and served until 2015. She was one of four women in her class at USC School of Law. She even argued in front of the Supreme Court once during her career as an attorney.

The mission of this book is to outline appellate practice in South Carolina based on the S.C. Constitution, the S.C. Code, and cases decided by the S.C. Supreme Court & Court of Appeals, as well as the S.C. Appellate Court Rules.

Through text and annotations of cases, court rules, and statutes, this book answers such questions as: How are arguments preserved at trial for appeal? What orders are immediately appealable? What is the process for appealing to the circuit court and appellate courts? What is the process for administrative appeals? What are the best strategies for compiling the record on appeal, for writing an effective brief and for approaching oral argument?

In addition, the Index and Appendices offer valuable tools to aid in the Appellate process, such as:

  • Appendix A –South Carolina Appellate Court Rules
  • Appendix B – Sample Index: An outline of what an Official Record should include, such as: the orders, pleadings, pretrial matters, trial transcript (opening statements, testimony & motions, closing arguments, jury charges, verdict, and exhibits), and lastly, the Certificate of Counsel
  • Appendix C – Sample Brief: Brief actually submitted to the South Carolina Supreme Court, intended to provide an example of the features of a highly effective appellate brief
  • The Table of Authorities is included of every citation present in the book and an index that provides the page numbers for specific words that could be useful or used during appellate work.

This book is a vital handbook for novice appellate practitioners, and is also a strategy guide for experienced attorneys. The most recent edition, the third edition, is available to purchase through the South Carolina bar for only $140.00, as small price to pay for such a valuable resource. This source would be an essential addition to any lawyer’s reference materials that does or wishes to practice appellate law. For the convenience of the researcher, the book is located in the South Carolina section in the Charleston School of Law library, check it out!

~by Mackenzie P. Watson

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