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SC · rules

S.C. R. Magis. Ct. 18

Appeals

activein force · 2026-10-02 – presentcompiled-edition

(a) All appeals of judgments rendered by the magistrates court shall be to the circuit court of the

county where the judgment was rendered. Within thirty (30) days after delivery of written notice of

judgment to the parties or their attorneys, a party wishing to appeal shall serve on the respondent and

file a notice of appeal containing a statement of the grounds for appeal with the magistrate rendering

the judgment and with the Circuit Court of the County where the judgment was rendered. If the

judgment is announced at the trial in the presence of the parties or their attorneys, the notice of

appeal shall be served and filed within thirty (30) days of the date the judgment is announced. At the

time of the filing of the notice of appeal, the appropriate filing fee shall be paid by the appellant to the

clerk of the circuit court to which the appeal is taken, unless a motion for leave to proceed in forma

pauperis and an affidavit showing the appellant's inability to pay the fee required to appeal the action

accompanies the filing of the notice of appeal. The right of appeal from a judgment exists for thirty

(30) days after the denial of a motion for a new trial.

(b) Within thirty (30) days of the date of filing of the notice of appeal with the Circuit Court, the

magistrate shall file the return to the notice of appeal with the Clerk of the Circuit Court for the county

wherein the judgment was rendered, together with the record, a statement of all proceedings in the

case, and, if necessary, the testimony taken at trial. Upon motion for good cause shown, the Circuit

Court may allow a definite extension of time in which to file the return.

(c) Pursuant to Rule 75, SCRCP, upon receipt of the magistrate's return, the clerk of the Circuit Court to

which the appeal is taken shall give notice in writing to the parties that the return has been filed.

Provenance

Source
www.sccourts.org
Retrieved
2026-10-02
Edition
supplied-sc-06-print-version-2026-10-02
Content hash
653759d127a75ee3478006a749cfb0831777f51a5cfb02b039f027185b5b88c9
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