Appellate Law

The practice of appellate law in South Carolina has become quite complex. An attorney must be familiar with the appellate rules and practices, case law regarding issue preservation, and the various options available while on appeal, including post-verdict mediation.

First-hand experience

Unlike some firms, Jay has the ability to handle a case from the initial meeting all the way through the supreme court. He has handled his own cases on appeal – both as an appellant and respondent – and has also been hired by trial counsel to handle a case once it has been appealed.

Jay has significant experience in appellate practice, both as a law clerk and as a lawyer. While working as a law clerk on the state supreme court, Jay participated in discussions with Justice Pleicones and his staff, attended oral arguments, and helped to craft opinions. During this two-year stint, he got a first-hand look at the inner-workings of South Carolina’s highest appellate body. As a lawyer, Jay has handled appeals at all levels of South Carolina’s appellate system and has appeared before the Court of Appeals and Supreme Court of South Carolina, as well as administrative appellate bodies such as the Department of Social Services and the Full Commission of the Worker’s Compensation Commission.

5 things most people don’t know about appellate law:

  1. An issue must be raised to and ruled-on by the trial judge or the appeals court won’t consider it.
  2. To preserve an issue regarding exclusion of testimony or evidence, you must proffer the evidence so the appeals court can see what you are referring to.
  3. You have a right to have your case reviewed by the Court of Appeals, but not necessarily by the Supreme Court. You must ask the Supreme Court to grant certiorari and review your case.
  4. South Carolina’s appellate courts have unbelievably specific rules regarding filings – the Rules specify everything from paper weight to margins to type size.
  5. If you prevail on appeal, you’re entitled to $2,500 as costs of the appeal, if you make a motion.
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