Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a questions about an appellate court form or process…

I have a questions about...
I have a questions about an appellate court form or process for petition for rehearing. Who can help me with this?
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month ago
The appeal court is in columbia ,SC
Answered in 1 day by:
7/9/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Once the appellate court in South Carolina renders its decision, the parties have 15 days to file a petition for rehearing.

Within 15 days after the decision in your case is filed, you can file a petition for rehearing under Rule 221. If your case is currently before the S.C. Court of Appeals and the petition for rehearing is unsuccessful, you may petition the South Carolina Supreme Court for a writ of certiorari under Rule 242. The purpose of this petition is to ask the Supreme Court to review the decision of the Court of Appeals.

The petition is generally relatively straightforward and is to include the content specified in the rule found here: https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=240.0&subRuleID=&ruleType=APP

It should include the date of the appellate court's decision and what errors were made that justify rehearing. It is in the general form of a motion. This link provides a sample of a petition for rehearing filed in the SC Supreme Court (the same format applies to the S.C. Court of Appeals): http://2hsvz0l74ah31vgcm16peuy12tz.wpengine.netdna-cdn.com/wp-content/uploads/2011/03/8-7-2017-Respondent-SCs-Petition-for-Rehearing-with-file-stamp-Doe-01418283xD2C78-01418297xD2C78.pdf

Do keep in mind that unlike some filing deadlines, any petition for rehearing must be actually received by the court within 15 days of the decision, not just mailed by that date.

I hope this information is helpful. If you need additional assistance, feel free to reply to this message. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I have been told by one of the clerks that you can fax it and also send in mail . The fax would serve as the postmark date and would hold any additional legal issue until the motion for extension of time for the petition which I am sending get there.

I believe that is correct and that I have done so in the past. The key is being able to show receipt of it by the deadline; and then if faxed, sending via mail provides them with an original signed copy for the file.

Ask Your Own Legal Question
Customer reply replied 1 month ago
There is no rule saying you cannot file multiple motion at once yes?
Customer reply replied 1 month ago
Also let me know when you available to look at something or have a look at something.

You can file multiple motions or you can combine motions into one filing in most situations.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Please, take a look at below and let me know what you think? Can a order be given be deputy of clerk? Please send back by word the improvement you think can be done and/or a quick edit. Also, opinion on how you think it flow and did it get it purpose across in your opinion 1-10.
Customer reply replied 1 month ago
In the document I did mention motion for extension of time petition for rehearing yes?
Customer reply replied 1 month ago
Can a judge that is being sued in a lawsuit still have ruling in case that the mishandling in that very case they are being sued for? Also, if you have it being transfered to a higher court such as federal court how can the lower court still able to have orders without the permission of federal especially being transferred because of jurisdiction? Please send actual links,rules of procedure,laws etc.., concerning this.
Customer reply replied 1 month ago
What is purpose for petition for rehearing.
Customer reply replied 1 month ago
Judge being sued will normally recWhat is the purpose of petition for rehearsing

I will look at all of this today and get back with you.

Ask Your Own Legal Question

If a motion is for something procedural (e.g., extensions of time) Claire Allen can sign as clerk of court. A judge is not required to sign when it comes to most requests for more time. In reviewing the rough draft, my biggest comment would just be to make it a little clearer exactly what happened. Maybe start with a section called "Relevant Facts" and summarize the harassment and assault and the medical condition of the party; then state that due to the harassment and resulting health effects more time is required to order the transcript - state how much more time - and for a waiver of any filing fees and a reconsideration of the denial of such prior request. I also provided some comments on the attached.

Rehearing is always decided by the same judge who made the original decision; if that decision is still not satisfactory, an appeal is attempted to the S.C. Supreme Court via a petition to that Court for it to review the appellate court's decision.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Ask Your Own Legal Question
Customer reply replied 1 month ago
If the same judge is being sued in a lawsuit in a higher court would this not be considered conflict of interest when it has to deing with matters pertaining to civil rights concerning this case?
Customer reply replied 1 month ago
Also, I saw the advice or changes given thank you. As it was what would have been your rating 1-10?

Whether there is an actual conflict of interest, but if the judge is currently a defendant in a lawsuit claiming violation of civil rights that may be the basis for a motion to recuse, which is a motion that asks a judge not to participate in a particular case or decision.

I think you have a lot of good points in the draft, just need to streamline by separating out the factual situation first so the court knows before you are ever presenting what you are asking for what the basis is.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Explain and give example of what you mean in details.Explain it like I was a intelligent 5 year old I will not be insulted.I will be glad you took the time and patience. Below is what I am talking about it.I think you have a lot of good points in the draft, just need to streamline by separating out the factual situation first so the court knows before you are ever presenting what you are asking for what the basis is.

Of course. With documents you submit to the court, the goal is to lead them to the result you want. In other words, it is like a roadmap. Draft it so that when they read your document, the court wants to do what you are asking. The best way to do that is to write your motion or other paper in sections with titles, like below:

1) Statement of Facts - Here include all the actual details - the disability, how that impacted failure to file on time, ability to pay any filing fees; how the disability has been worsened by the conduct of the other parties' harassment, etc.

2) Argument - Here you say what you want the court to do, why you want it done, why you think you are entitled to have it done and any legal basis (court rules, justice and equity/fairness, any other laws)

3) Conclusion - A short sentence or two clarifying what you are requesting: An extension of time and what for; waiver of filing fees; anything else

Attorney Wendy
Category: Legal
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
is ruling in one court separate from the other? what are some of the intersections of both courts federal and state court ? Explain to me like I was an intelligent 5 year old. I wouldn't be insulted. I would actually be glad that you took the time and patience. If you can even find a legal report on this etc.., this would help.

Yes, each court's rulings are separate. And, cases pending in federal court are in a completely different system than those pending in state courts. Essentially the systems work like this:

Federal Court

Federal courts hear cases involving federal laws (those passed by Congress) and claims of constitutional violations or issues; there are three levels of federal court:

District Court - Each district court (the same districts that exist for electing members of Congress) is where cases are first filed and trials occur. Once a judgment is entered in the district court - either by a judge's ruling or a jury's decision, it may be appealed to the Court of Appeals

Court of Appeals - There are circuits (each circuit covers several states; S.C., for example, is the Fourth Circuit) and if a party is unhappy with the final decision of a District Court a Notice of Appeal is filed within pretty short deadlines. The appellate court sits in panels of three judges, there is no testimony or trial like procedure. Instead, briefs are submitted and then, in some cases, there may be a very short oral argument/hearing where each side has 15-30 minutes to appear before the court to answer any questions it has that were not answered by the written briefs.

United States Supreme Court - the highest court in the country; only hears a very small number of cases and if a party loses at the Court of Appeals, a Petition for Certiorari is filed asking the court to take the case, but the court only takes a super small percentage of cases

State Court

In South Carolina, the same three basic court levels exist and the same appellate process is essentially in place. One difference is that the trial courts are divided into - Circuit Court (Common Pleas - hears civil cases; General Sessions - hears criminal cases), Family Court, Probate Court. Then if you are unhappy with the trial court's decision you appeal to the S.C. Court of Appeals, which is where it sounds your case is now. If that court rules against you, you then file a petition asking the S.C. Supreme Court to hear the case.

The only time cases in these two different court systems cross in the normal situation is if after the S.C. Supreme Court's decision on an issue involving the U.S. Constitution someone then wants to ask the U.S. Supreme Court to hear the case or in criminal cases if someone is incarcerated and is asking for post-conviction relief from a state court conviction, but that relief is based on constitutional issues - ineffective assistance of counsel, for example - then a petition can be filed in the federal district court in some situations.

Ask Your Own Legal Question
Customer reply replied 28 days ago
I sent in the stuff for motion for extension. By the time needed. and I was still sent something in the mail about a remittance but there has been no order sent or posted for the remittance. Can you help give me some understanding of this?

Hmmm, a remittance would generally meant the case was sent back to the lower court. Can you give me the case name and/or number and I will take a look and see if I can figure out what is happening for you?

Ask Your Own Legal Question
Customer reply replied 28 days ago
case # ***** court of appeals case # ***** circuit court case# ***** Thank you.

Okay, this is what appears has happened. The court indicated its intent to dismiss the appeal due to the failure to order the transcript (which was addressed in some of our earlier discussions as I recall), then you filed the motion but on behalf of Ms. Henderson. You indicated you had power of attorney but the Court determined that you could not file on Ms. Henderson's behalf because only the party or an attorney may file. If you have a signed Power of Attorney giving you authority to act on Ms. Henderson's behalf, you may want to file a motion to reconsider dismissal and attach that Power of Attorney. This is an unfortunate situation where Ms. Henderson is not able to act for herself, but there may not be the official documentation in the court file to allow anyone but an attorney to act on her behalf.

Ask Your Own Legal Question
Customer reply replied 28 days ago
They already have the power of attorney. The motion was filled by her not me I signed it to let them know everything that was said was true to my knowledge and I was a witness to such and for the right to going forward to act on her behalf if needed, since I have the power of attorney. The landlord is intentionally making her sick to throw the case or make be kill her. This person has stated she doesn't care how this effects Ms.Henderson health leading up to death.
Customer reply replied 28 days ago
They also had been made aware of the Power of Attorney previously and never stated any problem with it.
Customer reply replied 27 days ago
They had been made aware also that she was contacting court reporter to get transcript, some of the stuff that was suppose to have a transcript didn't have transcript because there was stuff done in secret that nobody was made aware of, but for some reason that i snot being address by the court. Which should be a major thing if they are suppose to be about justice.
Customer reply replied 27 days ago
I need all this to be in private. I need all the stuff that you are seeing sent to me in privacy that you saw about the case. Also the Power of Attorney was accepted by them months ago. Also cases numbers that I sent to you I would need them to be in privacy.The Health Power of Attorney even states in the contract/document the person being able to handle legal matters. So,something is really wrong on there part.
Customer reply replied 27 days ago
The power of attorney was given way before this was filled.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Legal
Satisfied Customers: 1,420
1,420 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Is it mandatory to file an appealle brief in Texas civil
Is it mandatory to file an appealle brief in Texas civil court? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
This Email is for Attorney Ray, please! Please Attorney Ray,
This Email is for Attorney Ray, please! Please Attorney Ray, I have questions for you. Tomorrow is the last day to file an appeal, for the Probate Case I have been involved in, at the West Palm Beach,… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
How after a denial of an appellate motion do you have to
How long after a denial of an appellate motion do you have to appeal to the Supreme Court … read more
Thelawman2
Thelawman2
Doctoral Degree
1,744 satisfied customers
Ray, I filed a MNT within 30 days from judgment signed & an
Ray, I filed a MNT within 30 days from judgment signed & an Amended MNT after the 30 days & now I want to file a Motion to Modify the Judgment which will also be after the 30 days judgment was signed.… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
In a criminal case, if the defendant is found guilty and
In a criminal case, if the defendant is found guilty and files an appeal on his own. Is it legal? or if a appeal is filed and denied, can the case be heard again or re-appealed?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I went to small claims court and was awarded >$6000. Def. appealed
I went to small claims court and was awarded >$6000. Def. appealed and at the hearing I asked for an additional amount to replace some locks that the def. kept the keys to. The judge said he would … read more
Thelawman2
Thelawman2
Doctoral Degree
1,744 satisfied customers
We are now in the (petition for rehearing stage) US court of
We are now in the (petition for rehearing stage) US court of appeals NJ, federal Court. I would like to know if the record could be supplemented (from evidence that was provided during discovery)… read more
socrateaser
socrateaser
1,031 satisfied customers
You sent me a link to a sample writ of certiorari for the colorado
You sent me a link to a sample writ of certiorari for the colorado supreme court a couple weeks ago. I am now preparing mine but have seen some other information that indicates that the request can on… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
Order of Court: Pursuant to 1st Circuit Internal Operating
Order of Court: Pursuant to 1st Circuit Internal Operating Procedure, the petition for rehearing en banc has also been treated as a petition for rehearing before the original panel. The petition for r… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
What is their reason for requesting a tranfer if no new evidence
What is their reason for requesting a tranfer if no new evidence is allowed to be presented?… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
My question is a very specific one about Federal Appellate
My question is a very specific one about Federal Appellate Procedure, specifically in the Ninth Circuit can one ask for a panel rehearing under Federal Rule Ap. Proc. Rule 40, and then if you lose tha… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
What can I do when a judge recused himself 4 months after he
What can I do when a judge recused himself 4 months after he filed a final order? His reasoning was due to 3rd party relations with the opposing side. Fl. Jud. Rule Proc. 2.330(d)(2). I filed for an a… read more
socrateaser
socrateaser
1,031 satisfied customers
My appeal from a circuit court was denied by the appellate
My appeal from a circuit court was denied by the appellate court. I tried with a motion for rehearing, however, the appellate court denied that to. The appellate court has no evident facts for denying… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
In an Illinois Appellate court they ruled in my favor on Rule
In an Illinois Appellate court they ruled in my favor on Rule 23 Order on June 02, 2010. Can they withdraw their original diposition & then issue a replacement by reversing that ruling to be not in my… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
what is "legal error" when it comes to deciding whether to
what is "legal error" when it comes to deciding whether to ask an appellate court for a rehearing?… read more
socrateaser
socrateaser
1,031 satisfied customers
Is it true that after a PLAINTIFF in a small claims case receives
Is it true that after a PLAINTIFF in a small claims case receives a judgment they agree with, the defendant appeals the decision and the judgment received after the appeal hearing is unsatisfactory to… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I won my case in small claims and the defendant appealed the
I won my case in small claims and the defendant appealed the decision. Once heard in superior court my judgment was reduced significantly. Is there anything I can do? (appeal, apply for re-hearing, et… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
9th cir.ct. of App. Affirmed lower court civil rights ...
9th cir.ct. of App. Affirmed lower court civil rights decision 2/19/08 Mandate entered 3/19/08. Atty is gone. I wish to Appeal (no laughing) have excellent grounds. Need correct format, rules and time… read more
CALawyer
CALawyer
Attorney
Juris Doctor
1,622 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x