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South Carolina
JUDICIAL DEPARTMENT
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2007-05-03-02

The Supreme Court of South Carolina

RE:  Amendments to the South Carolina Appellate Court Rules   


ORDER


By order dated January 31, 2007 (copy attached), this Court adopted amendments to the South Carolina Appellate Court Rules, and these amendments were submitted to the General Assembly pursuant to Art. V, § 4A, of the South Carolina Constitution.  Since ninety days have passed since submission without rejection by the General Assembly, these amendments are effective immediately.  

  IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
May 3, 2007

The Supreme Court of South Carolina

RE:  Amendments to the South Carolina Appellate Court Rules


ORDER


Pursuant to Article V, §4 of the South Carolina Constitution, the South Carolina Appellate Court Rules are amended as shown in the attached.  These rule amendments shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.

IT IS SO ORDERED.

s/Jean H. Toal                                      C.J.

s/James E. Moore                                   J.

s/John H. Waller, Jr.                                 J.

s/E. C. Burnett, III                                      J.

s/Costa M. Pleicones                              J.

Columbia, South Carolina
January 31, 2007

AMENDMENTS TO THE SOUTH CAROLINA
APPELLATE COURT RULES

1.       Rule 224(j), SCACR, is amended to read:

(j)     Authority of an Individual Judge or Justice.  Except where these rules require the concurrence of two or more members of an appellate court, an individual judge or justice may grant or deny any motion or petition on behalf of the court.  Any review of an order issued by an individual judge or justice shall be by petition for rehearing.

2.       Rule 226(c) – (f), SCACR, is amended to read:

(c)     Time for Petitioning and Filing Fee.  A decision of the Court of Appeals is not final for the purpose of review by the Supreme Court until the petition for rehearing or reinstatement has been acted on by the Court of Appeals.  A petition for writ of certiorari shall be served on opposing counsel and filed with proof of service with the Clerk of the Court of Appeals and the Clerk of the Supreme Court within thirty (30) days after the petition for rehearing or reinstatement is finally decided by the Court of Appeals.  An original and six (6) copies of the petition shall be filed with the Supreme Court.  The copies filed with the Supreme Court shall be accompanied by the filing fee set by order of the Supreme Court.[1]  No filing fee shall be required in criminal cases or petitions filed by the State of South Carolina or its agencies or departments. 

(d)     Content of Petition.  The petition for writ of certiorari shall contain the following:

(1)     Certification by counsel for petitioner that a petition for rehearing or reinstatement was made and finally ruled on by the Court of Appeals.

(2)     The questions presented for review, expressed in the terms and circumstances of the case but without unnecessary detail.  Only those questions raised in the Court of Appeals and in the petition for rehearing shall be included in the petition for writ of certiorari as a question presented to the Supreme Court.  A question presented will be deemed to include every subsidiary question fairly comprised therein.

(3)     A concise statement of the case, containing the facts material to the consideration of the questions presented.

(4)     A direct and concise argument in support of the petition.  The argument on each question shall include citation of authority and specific reference to pertinent portions of the Record on Appeal.  Failure of a petitioner to present with accuracy, brevity, and clarity the information and arguments that are essential to a ready and adequate understanding of the points requiring consideration will be a sufficient reason for denying the petition.  The total length of a petition shall not exceed twenty-five (25) pages.

(e)     Appendix.  At the same time the petition is filed, the petitioner shall also file two (2) copies of the Appendix with the Clerk of the Supreme Court.  The Appendix shall include the following:

(1)     A copy of the Record on Appeal and brief(s), or in post-conviction relief matters, a copy of the Appendix, petition for writ of certiorari, return, reply and any briefs filed under Rule 227 SCACR.

(2)     If the matter was dismissed by the Court of Appeals for procedural or other reasons, the Appendix shall include any documents relevant to the dismissal including any motion to dismiss and any return or reply that may have been filed.

(3)     A copy of the decision of the Court of Appeals on which certiorari is sought.

(4)     A copy of the petition for rehearing or reinstatement filed in the Court of Appeals and the Court’s ruling on that petition.

If the Appendix contains any of the documents specified in (2) above, a copy of the Appendix must be served on the opposing counsel and proof of service of the Appendix must be filed when the petition for writ of certiorari is filed.

(f)     Return to Petition.  Within thirty (30) days after service of the petition, respondent shall serve a copy of his return on opposing counsel, and shall file with the Clerk of the Supreme Court one original and six (6) copies of his return and proof of service showing that the return has been served.  The return shall include an argument on each question and may include a counter-statement of the case and of the questions presented for review.  The total length of a return shall not exceed twenty-five (25) pages.  If review is being sought regarding a post-conviction relief case, the respondent need not file a return unless requested by the Supreme Court. 

3.       The phrase “three (3) copies” is replaced with the phrase “a copy” everywhere it appears in Rules 210(a), 211(a), 226(i), and 227(j), SCACR.


[1] By order dated April 17, 1990, this filing fee was set at one hundred ($100.00) dollars.