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  1. #1
    Join Date
    Apr 2005
    Location
    South Carolina
    Posts
    21

    Default Where and How to File an Appeal

    Several months ago a final ruling was issued that was about as bad as I've ever seen or heard. My attorney filed a motion to reconsider & as expected it was denied. At this point I am now Pro Se. I have the Notice of Appeal all ready drafted. In the mean time I have been served with a Complaint & Rule To Show Cause for some of the matters I am appealing. My question is what would the correct title of the "Request for Stay" be until the appeal hearing takes place?? Would I include this in the appeal motion or would I need to draft an entirely different motion requesting the stay & file it with the court that denied the motion to reconsider?? The cleks at this family court are no help what so ever, they wont tell you what, where or how to file & there are no template forms available. This matter is in the state of South Carolina.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Where and How to File

    If you're requesting a stay from the trial court, you file it at the trial court. If you're requesting a stay from the appellate court, you file it with the appellate court. Either way, you need to follow the procedural rules for both courts. Generally speaking, courts require a motion to have a descriptive title rather than dictating an exact wording.

    You're correct about this - the clerk won't tell you how to do this and there are no forms that will do the work for you - it's complicated, and successfully prosecuting an appeal is more than most people can do for themselves. (If you are getting tripped up merely at the prospect of filing a motion, you need to give some sober reconsideration to whether you should be trying to represent yourself for a full appeal.)

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