South Carolina Notice of Appeal
South Carolina counts the 30 days from actual receipt of written notice of entry rather than the date of entry, and, unusually, serving the notice generally stays the judgment on appeal automatically, unless lifted, with listed exceptions such as money judgments and injunctions.
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Introduction
In South Carolina, a notice of appeal from a final civil judgment of the Court of Common Pleas must be served on all respondents within 30 days after receipt of written notice of entry of the order or judgment, not the date the judgment is actually entered (SCACR Rule 203(b)(1)). When a party timely moves for judgment notwithstanding the verdict under Rule 50, SCRCP, to alter or amend the judgment under Rules 52 and 59, SCRCP, or for a new trial under Rule 59, SCRCP, the 30 days is stayed for all parties and starts over from receipt of written notice of entry of the order granting or denying that motion. Rule 203 contains no express provision letting a court extend the 30 days beyond that; a notice of appeal or filing fee that is not timely results in dismissal, and Rule 203(d)(3) states that the dismissal is not reinstated except as Rule 260, SCACR, separately allows. After service, the appellant must also file the notice, within 10 days after service, with both the clerk of the lower court and the clerk of the appellate court; filing with the appellate court alone does not satisfy Rule 203(d)(1)(B). Most civil appeals go to the Court of Appeals; the Supreme Court has direct jurisdiction only over a short list of case types, such as death-penalty sentences and certain constitutional challenges to a state or municipal law. SCACR Appendix Form 1, a sample Notice of Appeal in a Civil Case, shows the form this notice should substantially follow; it is not a mandatory numbered form, but the contents it reflects, the court, judge, and county, the lower-court docket number, the date of the order and when it was received, and the names and contact information of the parties and their attorneys, are built into this document. Filing costs $250 for a civil appeal to the Court of Appeals or Supreme Court, or $150 for a magistrate-court appeal to circuit court, unless the filer qualifies to proceed in forma pauperis (confirm the current fee with the clerk). Serving the notice of appeal generally stays, automatically, the matters and relief decided in the order being appealed, unless the stay is lifted, but Rule 241 lists exceptions, including judgments for delivery or execution of documents or property, sale of real or perishable property, family-court support orders, workers' compensation awards, and injunctions. The most consequential exception is a judgment directing the payment of money: it is not stayed unless the trial judge grants a stay, which can be conditioned on a bond capped at the lesser of the judgment amount or $25 million for larger business entities, $1 million for other parties. Without that stay, the judgment creditor can keep collecting while the appeal is pending. An appeal to the Court of Appeals reviews the trial court record for legal error; it is not a new trial. An appeal of a magistrate court judgment, South Carolina's small-claims-level court, for claims up to $7,500, goes to the circuit court instead, and it is also not a new trial: the circuit court decides it on the papers and testimony already in the record, without examining witnesses again. Criminal appeals, appeals from state agencies, federal-court appeals, and appeals of orders that are not yet final judgments follow different rules and are not covered here. Attorney review is available before you file.
Key Things to Know
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You have 30 days to serve a notice of appeal in South Carolina, and the clock starts on receipt of written notice of entry of the order or judgment, not the date it is entered. A timely motion for judgment notwithstanding the verdict (Rule 50, SCRCP), to alter or amend the judgment (Rules 52 and 59, SCRCP), or for a new trial (Rule 59, SCRCP) stays the 30 days for all parties, restarting from receipt of written notice of entry of the order deciding that motion (SCACR Rule 203(b)(1)).
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Rule 203 itself has no provision letting a court extend the 30 days. A notice of appeal or filing fee that is not timely results in dismissal, and Rule 203(d)(3) states that dismissal is not reinstated except as separately allowed under Rule 260, SCACR.
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The notice must be served on all respondents first, then filed, within 10 days after service, with both the clerk of the lower court and the clerk of the appellate court; filing with the appellate court alone does not satisfy Rule 203(d)(1)(B).
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Most civil appeals go to the Court of Appeals. The Supreme Court has direct jurisdiction only over a short list of case types, such as death-penalty sentences, certain constitutional challenges to a state or municipal law, cases involving state or municipal bond issuance, election-procedure cases, State Grand Jury orders, and family court orders on a minor's abortion (SCACR Rule 203(d)(1)(A)-(B)).
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SCACR Appendix Form 1, Notice of Appeal in a Civil Case, is a sample the notice must substantially follow; it is not a mandatory numbered form, but its required contents, the court, judge, and county, the lower-court docket number, the date of the order and when it was received, the name of the appealing party, and the names, addresses, and phone numbers of all attorneys of record, are built into this document. A magistrate-court appeal instead uses form SCCA/720, which requires the appellant to state the exceptions, meaning the grounds, to the judgment.
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Filing costs $250 for a civil appeal to the Court of Appeals or Supreme Court, or $150 for an appeal from magistrate court to circuit court, unless the filer qualifies to proceed in forma pauperis (confirm the current fee with the clerk). No cost bond is required to perfect the appeal itself.
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Serving the notice of appeal generally stays the matters decided in the order on appeal automatically, unless lifted, but Rule 241 lists exceptions, including judgments for delivery of documents or property, sale of real or perishable property, family-court support orders, workers' compensation awards, and injunctions. A judgment directing the payment of money is also not stayed unless the trial judge grants a stay, which can be conditioned on a bond capped at the lesser of the judgment amount or $25 million for larger business entities, $1 million for other parties (S.C. Code Ann. section 18-9-130; SCACR Rule 241). A magistrate-court appeal to circuit court is not a new trial: the circuit court decides it on the existing papers and trial testimony, without examining witnesses again (S.C. Code Ann. section 18-7-130).
Key decisions before you file
Before you file a Notice of Appeal in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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South Carolina Requirements for Notice of Appeal
30-Day Deadline Runs From Receipt, Not Entry
SCACR Rule 203(b)(1) requires the notice of appeal to be served on all respondents within 30 days after receipt of written notice of entry of the order or judgment, not the date the judgment is entered.
Tolling Motions Stay and Restart the Clock
A timely motion for judgment notwithstanding the verdict (Rule 50, SCRCP), to alter or amend the judgment (Rules 52 and 59, SCRCP), or for a new trial (Rule 59, SCRCP) stays the 30 days for all parties, running anew from receipt of written notice of entry of the order deciding that motion (SCACR Rule 203(b)(1)).
Deadline Generally Not Extendable
Rule 203 contains no provision letting a court extend the 30 days. A late notice of appeal or filing fee results in dismissal, which Rule 203(d)(3) says is not reinstated except as separately allowed under Rule 260, SCACR.
Filed With Both Clerks Within 10 Days of Service
After being served on all respondents, the notice must be filed, within 10 days after service, with both the clerk of the lower court and the clerk of the appellate court; filing with the appellate court alone does not satisfy Rule 203(d)(1)(B).
Court of Appeals Hears Most Civil Appeals
The Supreme Court has direct jurisdiction only over an enumerated list of case types; all other civil appeals go to the Court of Appeals (SCACR Rule 203(d)(1)(A)-(B)).
Form 1 Content Requirements
SCACR Appendix Form 1 sets the sample content the notice must substantially follow, including the court, judge, and county, the lower-court docket number, the date and receipt of the order, the appealing party's name, and each attorney's name, address, and phone number (Rule 203(a); Appendix Form 1).
Filing Fees and Fee Waiver
A civil appeal to the Court of Appeals or Supreme Court costs $250, and a magistrate-to-circuit-court appeal costs $150; confirm the current fee with the clerk. A motion for leave to proceed in forma pauperis may substitute for the fee (Rule 203(d)(1)(B)(iii) & n.1; Rule 18(a), SCRMC).
Automatic Stay, With Listed Exceptions
Service of the notice of appeal automatically stays the matters decided in the order on appeal, unless lifted, except for listed categories including judgments for delivery of documents or property, sale of real or perishable property, family-court support orders, workers' compensation awards, injunctions, and money judgments; a money judgment is not stayed unless the trial judge grants a stay, which can be conditioned on a bond capped at the lesser of the judgment amount or $25 million for larger business entities, $1 million for other parties (SCACR Rule 241; S.C. Code Ann. section 18-9-130).
Magistrate Court Appeal Is Record Review, Not a New Trial
An appeal from magistrate court to circuit court is decided on the existing papers and trial testimony, without examining witnesses again, unlike a trial de novo (S.C. Code Ann. section 18-7-130).