S.C. Code § 14-8-10
Court of Appeals created; number of judges
There is hereby created the Court of Appeals (the Court), which shall be a part of the unified judicial system. The Court shall consist of a Chief Judge and eight associate judges.
South Carolina Code Title 14, Chapter 8 — Court of Appeals
South Carolina · statute · S.C. Code tit. 14, ch. 8 · 30 active provisions
S.C. Code § 14-8-20
Election of members of the court; terms of office
(a) The members of the Court shall be elected by joint public vote of the General Assembly for a term of six years and until their successors are elected and qualify; provided, however, that of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for terms of six yea…
S.C. Code § 14-8-30
Qualifications for office
No person shall be eligible for the office of Chief Judge or associate judge of the Court who does not at the time of his election or appointment meet the qualifications for justices and judges as set forth in Article V of the Constitution of this State.
S.C. Code § 14-8-40
Oath of office
The judges of the Court shall qualify within twelve months after the date of their election by taking the constitutional oath or the office shall be declared vacant by the Governor. The oath shall be administered by a justice of the Supreme Court, a judge of the Court of Appeals, or by a circuit court judge.
S.C. Code § 14-8-50
Salary; prohibition on holding other offices
The Chief Judge and the associate judges shall receive such annual salary as may be provided by the General Assembly. They shall not be allowed any fees or perquisites of office, nor shall they hold any other office of honor, trust, or profit.
S.C. Code § 14-8-60
Vacancies
All vacancies in the Court shall be filled in the manner of original election; provided, that if the unexpired term does not exceed one year such vacancy may be filled by executive appointment. When a vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor.
S.C. Code § 14-8-70
Presiding in certain cases prohibited
In addition to the prohibitions of Section 14-1-130, no judge shall sit in any case in which he may be interested or in which he may have been counsel or has presided in any inferior court.
S.C. Code § 14-8-80
Court to sit in panels or as a whole; administration by Chief Justice; assignment of members to panels; distribution of cases; quorum; concurrence required for reversals
(a) The Court shall sit in three panels of three judges each. However, nothing in this section may be construed to prevent the Court from sitting as a whole. (b) The Chief Judge is responsible for the administration of the Court, subject to the provisions of Article V, Section 4 of the Constitution of this State. The C…
S.C. Code § 14-8-90
When the Court may sit en banc
(a) The Court may sit en banc to hear cases upon: (1) petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition is granted by six judges of the Court; or (2) its own motion agreed to by six judges of the Court. (b) When the Court sits en banc, six of the judges constitute a quo…
S.C. Code § 14-8-100
Reporting of opinions and decisions by Supreme Court reporter; appointment of assistant reporter
The Supreme Court reporter shall report the opinions and decisions of the Court of Appeals in all respects as he is now or hereafter may be required by law to report the decisions and opinions of the Supreme Court. An assistant reporter for the Court of Appeals may be appointed by the judges of such Court to aid the re…
S.C. Code § 14-8-110
Duties of Clerk of Supreme Court; appointment of clerk of Court of Appeals to aid clerk of Supreme Court
The Clerk of the Supreme Court, in a manner prescribed by the Supreme Court, shall be responsible for the custody and keeping of the record of the Court. A clerk of the Court of Appeals shall be appointed by the judges of the Court to aid the Clerk of the Supreme Court in the performance of these duties.
S.C. Code § 14-8-120
Editing, publishing, and distributing of opinions and decisions
Editing, publishing, and distributing of the opinions and decisions of the Court shall be done in accordance with the procedures followed by the Supreme Court with respect to the editing, publishing, and distributing of its opinions and decisions.
S.C. Code § 14-8-130
Sheriff to serve and execute order or process
The Court of Appeals may require the sheriff of each county to whom any order or process issuing from such court may be directed to serve and execute such order or process and shall have the same power to enforce such service and execution and punish default thereon as is vested in circuit courts on processes issuing t…
S.C. Code § 14-8-200
Jurisdiction of Court; limitations
(a) Except as limited by subsection (b) and Section 14-8-260, the court has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, family court, a final decision of an agency, a final decision of an administrative law judge, or the final decision of the Workers'…
S.C. Code § 14-8-210
Review by Supreme Court
(a) The decisions of a panel of the court and of the court sitting en banc shall be final and not subject to further appeal, except by petition for review or by other exercise of discretionary review by the Supreme Court. (b) In any case pending before the court of appeals, the Supreme Court may in its discretion, on m…
S.C. Code § 14-8-220
Power of Court and judges to administer oaths and writs; appeal
The Court and each of the judges thereof shall have the same power at chambers or in open court to administer oaths, and to issue such remedial writs as are necessary to give effect to its jurisdiction. An appeal shall be allowed from decision of any one judge to a panel of the Court.
S.C. Code § 14-8-230
Rules governing administration
The Supreme Court shall promulgate rules governing the administration of the Court.
S.C. Code § 14-8-240
Records
The Court shall be a court of record, and the records thereof shall at all times be subject to public inspection.
S.C. Code § 14-8-250
Points necessary to decision of appeal and fairly arising upon record, with reason for Court's decision, to be preserved in writing
In every decision rendered by the Court, every point distinctly stated in the case which is necessary to the decision of the appeal and fairly arising upon the record of the Court must be stated in writing and must, with the reason for the Court's decision, be preserved in the record of the case; provided, that the Cou…
S.C. Code § 14-8-260
Notice of intent to appeal; determination of cases assigned to Court of Appeals
In all cases within the jurisdiction of the court as provided in this chapter, the notice of appeal must be filed with the court of appeals in the manner provided by the South Carolina Appellate Court Rules. In the event the court of appeals determines that a notice of appeal involves a matter over which it lacks juris…
S.C. Code § 14-8-270
Appeal from interlocutory orders involving injunctions
In case of an appeal from an interlocutory order or decree in the Court of General Sessions, granting, continuing, modifying, or refusing an injunction, the proceedings in other respects in the court below shall not be stayed during the pendency of such appeal unless otherwise ordered by the court below.
S.C. Code § 14-8-280
Certification of issues of fact to lower courts; appointment of referees
Whenever in the course of any action or proceeding in the Court arising in the exercise of the original jurisdiction conferred by law upon the court, an issue of fact shall arise upon the pleadings or when an issue of fact shall arise upon a traverse to return in mandamus, prohibition or certiorari, or whenever the det…
S.C. Code § 14-8-290
Powers of judge at chambers
Each of the judges of the Court shall have the same power at chambers to administer oaths, issue writs of habeas corpus, mandamus, quo warranto, certiorari and prohibition and interlocutory writs or orders of injunction as when in open court. An appeal shall be allowed from the decision of any such judge of the Court.
S.C. Code § 14-8-400
Terms of Court; order of docketing
Subject to the supervision of the Chief Justice of the Supreme Court, the Chief Judge shall set the terms of court of the Court of Appeals, and the Supreme Court shall by rule prescribe and provide the order in which cases shall be docketed and heard.
S.C. Code § 14-8-410
Where Court may sit
The Court shall sit and maintain its principal offices in the City of Columbia; however, any hearing panel of the Court may hold court in any county in South Carolina for the purpose of hearing oral arguments and motions pending in cases before such court.
Page 1 of 2Next →