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Rule 73.Procedure on appeal to Supreme Court or Court of Appeals

Group IX: Appeals and Arbitration · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 73 directs that the procedure for appealing a civil case to the South Carolina Supreme Court or Court of Appeals is governed by the South Carolina Appellate Court Rules, not by the Rules of Civil Procedure.

Full Text of Rule 73

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Procedure on appeal to the South Carolina Supreme Court or the South Carolina Court of Appeals shall be in accordance with the South Carolina Appellate Court Rules.

Notes

Note: This Rule 73 is to conform to the Supreme Court's action in 1978 deleting Circuit Court Rules 47 through 50, concerning procedure on appeals, and transferring them to the Supreme Court Rules.

Note to 1990 Amendment: This amendment modifies the rule to make reference to the South Carolina Appellate Court Rules which have replaced the Supreme Court Rules.

Plain-English Summary

Rule 73 hands off the entire mechanics of an appeal to a different set of rules altogether. Once a final judgment or appealable order exists under Rule 72, everything about how the appeal is conducted — notices, briefing, timing, format — falls under the South Carolina Appellate Court Rules rather than anything found in the Rules of Civil Procedure.

That separation reflects how the rulemaking authority itself is organized: the circuit court rules that once addressed appeal procedure were deleted and moved up to the Supreme Court level, and later folded into the appellate court rules specifically. Rule 73 points there rather than duplicating or reproducing that procedure inside the civil rules, which keeps one body of rules responsible for trial-level practice and a separate one responsible for appellate practice.

For a litigant, the practical takeaway is not to look to the civil rules for guidance on how to prosecute an appeal. Rule 72 confirms that the right to appeal exists; Rule 73 sends you to the Appellate Court Rules for everything about how to exercise it.

Frequently Asked Questions

Where do I find the actual steps for filing and briefing a civil appeal in South Carolina?

Rule 73 directs that appeal procedure to the Supreme Court or Court of Appeals is governed by the South Carolina Appellate Court Rules, not the Rules of Civil Procedure.

Do the Rules of Civil Procedure control civil appeals in South Carolina?

No, not the mechanics of the appeal. Rule 72 addresses whether an appeal may be taken at all, while Rule 73 sends the actual appellate procedure to the Appellate Court Rules.

Why was appeal procedure removed from the circuit court rules?

Rule 73 reflects the Supreme Court's action deleting the former circuit court rules covering appeal procedure and transferring that subject to the rules governing the appellate courts themselves.

Does Rule 73 apply to appeals from magistrate or family court, or only to appeals reaching the Supreme Court or Court of Appeals?

Rule 73 by its terms addresses procedure on appeal to the South Carolina Supreme Court or the South Carolina Court of Appeals, directing that procedure to the Appellate Court Rules.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
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