IN RE APPENDIX A TO PART II OF S.C.A.C.R. (S.C. 2001)


RE: Appendix A to Part II of the South Carolina Appellate Court Rules

Supreme Court of South Carolina.
October 12, 2001.

ORDER
The attached is substituted for Appendix A to Part II of the South Carolina Appellate Court Rules.

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.

PART II APPENDIX A

TABLE OF COMPARATIVE RULES

This Table indicates the source or the most similar provision(s) under the former Supreme Court Rules for each of the Rules in the 100 and 200 series.

SCACR TITLE SOURCE OR FORMER RULE

101 SCOPE AND TITLE None

102 EFFECTIVE DATE AND REPEALER None

201 RIGHT TO APPEAL

(a) Judgments and Orders Subject to Appeal Rule 72, SCRCP

(b) Who May Appeal S.C. Code § 18-1-30

202 DESIGNATION OF PARTIES S.C. Code § 18-1-120

203 NOTICE OF APPEAL

(a) Notice Sup.Ct. Rule 1, § 1B

(b) Time for Service Sup.Ct. Rule 1, § 1A

(c) Cross-Appeals None

(d) Filing Sup.Ct. Rule 1, § 1C S.C. Code § 14-8-200

(e) Form and Content Sup.Ct. Rule 1, § 1E

204 TRANSFER OF CASES S.C. Code §§ 14-8-210(b), and 14-8-260

205 EFFECT OF APPEAL Sup.Ct. Rule 18, § 3

206 CASES INVOLVING MULTIPLE NOTICES OF APPEAL None, but prior practice

207 TRANSCRIPT OF PROCEEDINGS

(a) Ordering the Transcript Sup.Ct. Rule 1, § 2A-B

(b) Delivery of Transcript Sup.Ct. Rule 1, § 2A

(c) Extension for Court Reporter Sup.Ct. Rule 1, § 2D

(d) Notice of Extension Sup.Ct. Rule 1, § 2E

(e) Failure to Receive Transcript Sup.Ct. Rule 1, § 2F

(f) Failure to Comply Sup.Ct. Rule 1, § 2G

(g) Duty of Appellant None

208 INITIAL BRIEFS

(a) Time for Serving and Filing Initial Briefs Sup.Ct. Rule 8, § 9

(b) Content Sup.Ct. Rules 1, § 3A; 4, § 3A; and 8 §§ 2-4

209 DESIGNATION OF MATTER TO BE INCLUDED IN THE RECORD ON APPEAL None, but see Sup.Ct. Rule 1, § 3

210 RECORD ON APPEAL

(a) Time for Service Sup.Ct. Rule 1, § 4

(b) Time for Filing Sup.Ct. Rule 1, § 4

(c) Content Sup.Ct. Rule 4

(d) Title Sup.Ct. Rule 4, § 2

(e) Index Sup.Ct. Rule 4, § 2

(f) Exhibits Sup.Ct. Rule 4, § 5

(g) Certificate of Counsel Sup.Ct. Rule 4, § 2

(h) Review Limited to Record on Appeal Sup.Ct. Rule 8, § 7

211 FINAL BRIEFS None

212 SUPPLEMENTAL RECORD Sup.Ct. Rule 2

213 AMICUS CURIAE BRIEF None, but prior practice

214 CONSOLIDATION Sup.Ct. Rule 26

215 SUBMISSION WITHOUT ORAL ARGUMENT Sup.Ct. Rule 29

216 NOTICE OF ORAL ARGUMENT Sup.Ct. Rule 22

217 MOTION TO ARGUE AGAINST PRECEDENT Sup.Ct. Rule 8, § 10

218 ORAL ARGUMENT Sup.Ct. Rules 10, 12, and 13

219 HEARING OF CASES BY THE COURT OF APPEALS EN BANC S.C. Code § 14-8-90

220 OPINIONS

(a) Opinions None, but prior practice

(b)(1) Decisions by Court (Sup.Ct.) Sup.Ct. Rule 23 and S.C. Code § 18-9-280

(b)(2) Decisions by Court (Ct.App.) S.C. Code § 14-8-250

(c) Affirmance on Any Ground Appearing In Record Sup.Ct. Rule 4, § 8.

221 REHEARING AND REMITTITUR

(a) Rehearing Sup.Ct. Rule 17, § 2

(b) Remittitur Sup.Ct. Rule 17, § 1

(c) Rehearing of Motions None, but prior practice

222 COSTS ON APPEAL Sup.Ct. Rule 38

223 ARBITRATION OF APPEALS None, but allowed by prior order of the Supreme Court

224 MOTIONS AND PETITIONS GENERALLY

(a-e) Applicability, etc. Sup.Ct. Rule 16

(f) Reply None

(g-h) Failure to Comply, etc. Sup.Ct. Rule 16

(i) Authority of an Individual Judge or Justice S.C. Const. Art. V, § 20

225 STAY AND SUPERSEDEAS IN CIVIL ACTIONS Sup.Ct. Rules 18, § 3B; and 41

226 CERTIORARI TO THE COURT OF APPEALS Sup.Ct. Rule 55

227 CERTIORARI TO REVIEW POST-CONVICTION RELIEF ACTIONS Sup.Ct. Rule 50(9)

228 CERTIFICATION OF QUESTIONS OF LAW Sup.Ct. Rule 46

229 ORIGINAL JURISDICTION OF THE SUPREME COURT Sup.Ct. Rule 20

230 STAY IN CRIMINAL CASES

(a) Stays Pending Appeal None, but prior practice

(b) Stays of Sentences After Affirmance Sup.Ct. Rule 28

231 DISMISSAL AND REINSTATEMENT Sup.Ct. Rules 1, §§ 5 and 6; 8, § 9; and 18, § 2

232 AGREEMENTS AND SETTLEMENTS Sup.Ct. Rule 15

233 FILING AND SERVICE

(a) Filing None, but prior practice

(b) Service Sup.Ct. Rule 1, § 8; Rule 5(b)(1), SCRCP

234 TIME

(a) Computation Rule 6(a), SCRCP

(b) Extending and Diminishing Time Prescribed By these Rules Sup.Ct. Rule 18, § 1

235 SUBSTITUTION OF ATTORNEYS OR GUARDIANS Sup.Ct. Rule 3, § 1

236 SUBSTITUTION OF PARTIES Sup.Ct. Rule 3, § 2

237 SUBSEQUENT APPLICATIONS FOR RELIEF. Sup.Ct. Rule 30

238 FORM OF PAPERS

(a) Captions Sup.Ct. Rule 4, § 2

(b) Signatures Rule 11(a), SCRCP

(c)-(f) Paper and Type Size, etc. Sup.Ct. Rule 5

239 CITATION OF SOUTH CAROLINA AUTHORITY Sup.Ct. Rule 8, §§ 11-12

240 FRIVOLOUS APPEAL, PETITIONS, MOTIONS OR RETURNS None

241 FORMS Sup.Ct. Rule 39