Appellate Courts
South Carolina Court of Appeals
Overview
The Court of Appeals is South Carolina’s intermediate appellate court. It is below the Supreme Court but above every other court. Almost all appeals in South Carolina begin and end in the Court of Appeals. It’s where most of the appellate action is in South Carolina.
The Court of Appeals consists of one Chief Judge and eight Associate Judges. The Court hears appeals in three-judge panels. While the Court can hear cases “en banc,” meaning all nine of the judges hear the appeal, this procedure is so incredibly rare as to apparently be non-existent.
Circuit Court Appeals
The South Carolina Circuit Court is primarily a trial court but also handles appeals from Magistrate, Municipal, and Probate Court. It is South Carolina’s court of “general jurisdiction.” That means that basically all civil and criminal lawsuits are heard first in the Circuit Court. In criminal cases, if a defendant is convicted in Circuit Court, he can appeal to the Court of Appeals. In civil cases, whichever party loses can appeal to the Court of Appeals.
The Circuit Court also hears some appeals. Criminal and civil cases that originate in Magistrate or Municipal Court are appealed to the Circuit Court. Appeals from Probate Court are also heard by the Circuit Court, unless the parties agree in writing to appeal directly to the Supreme Court. If the Circuit Court decides an appeal from Magistrate, Municipal, or Probate Court, the losing party can appeal that decision up to the Court of Appeals.
Family Court
The South Carolina Family Court has limited, but exclusive, jurisdiction over certain kinds of cases. The Family Court primarily hears divorces, juvenile criminal cases, and cases involving the protection of minors from abusive or neglectful parents. Like most other trial courts in South Carolina, appeals from Family Court are heard by the Court of Appeals.
Administrative Law Court
The South Carolina Administrative Law Court is not part of South Carolina’s Judicial Branch. Instead, it is part of the Executive Branch. The ALC serves an important function as both a trial court and an appellate court. The ALC hears appeals from final decisions made by state agencies. The rules governing appeals in the ALC are similar to the rules governing appeals to the Court of Appeals. A final decision by the ALC may be appealed up to the Court of Appeals.
Contact Ruffin Law Firm
If you have an appeal from any trial court in South Carolina, contact Ruffin Law Firm to explore your options today.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.