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S.C. Code Ann. § 22-3-1000

Motion for new trial; appeal; exception

Applied in 3 court decisions — leading case State v. Brown (2004)

Most recently applied in South Carolina Department of Motor Vehicles v. Holtzclaw (February 2009)

1962 Code SECTION 43-143; 1952 Code SECTION 43-143; 1942 Code SECTION 274; 1932 Code SECTION 274; Civ

How often courts cite this section

2002200910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.