2021 South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts
Section 22-3-1000. Time for motion for new trial; appeal; exception.
(A) Except as provided in subsection (B), a motion for a new trial may not be heard unless made within ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal relating to the conviction.
(B) The provisions of subsection (A) do not apply to a motion for a new trial made under Chapters 37 and 40, Title 27. A motion for a new trial made under Chapters 37 and 40, Title 27 must be requested within five days from the rendering of the judgment.
HISTORY: 1962 Code Section 43-143; 1952 Code Section 43-143; 1942 Code Section 274; 1932 Code Section 274; Civ. P. '22 Section 230; Civ. P. '12 Section 97; Civ. P. '02 Section 88; 1887 (19) 787; 1896 (22) 13; 1989 Act No. 20, Section 2; 1999 Act No. 78, Section 3; 2014 Act No. 241 (S.176), Section 1, eff June 6, 2014.
Effect of Amendment
2014 Act No. 241, Section 1, inserted the subsection designator (A); in subsection (A), inserted the reference to subsection (B), in the first sentence, and deleted ", if any," following "from an appeal", at the end of the last sentence; and added subsection (B).
