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    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #1

    Oct 30, 2011, 07:21 AM
    Motion to Reconsider Time Limits- Civil Case
    I filed a Motion to Reconsider in SC after releasing my lawyer, does the time table for Appeal start over when I filed the Motion to Reconsider, even though the 10 Day time limit had expired? I released the lawyer because I was not made aware of this and filed after I was informed by someone else that I could do this, with the understanding that the time clock for Appeal would reset.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 30, 2011, 01:14 PM
    This is an appeal from a criminal judgment, pursuant to Appellate Rule 203 (b) (2)? You had to file the motion to reconsider in a timely manner.
    " ... When a timely post-trial motion is made under Rule 29(a), SCRCrimP, the time to appeal shall be stayed and shall begin to run from receipt of written notice of entry of an order granting or denying such motion. ... " SC Judicial Department

    It looks to me that you are out of luck.
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    rvdsid Posts: 46, Reputation: 1
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    #3

    Oct 31, 2011, 06:07 AM
    It is a civil case where the tenant did in excess of $10k in damages, I had pictures before and after and Judge took 3 days to rule neither side PROVED DAMAGES, coincidentally after I had the original Judge Dismissed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 31, 2011, 06:35 AM
    Quote Originally Posted by rvdsid View Post
    It is a civil case where ...
    In the Court of General Sessions? I'm assuming that because you said something about a 10-day window in which to file a notice of appeal. In the Court of Common Pleas, you have 30 days to appeal.

    You still have to have filed the motion to reconsider in a timely manner. Did you receive "written notice of entry of the order or judgment"? The time for filing a motion, such as a motion to reconsider, only begins running then.

    Civil Rule 29 (f) is clear on that: "... The time for appeal for all parties shall be stayed by a timely motion under this Rule and shall run from the receipt of written notice of entry of the order granting or denying such motions.. . "
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    rvdsid Posts: 46, Reputation: 1
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    #5

    Oct 31, 2011, 09:03 AM
    I understand the timetable... the problem comes in that my lawyer made no mention of the Motion to Reconsider he only mentioned the Appeal and thus I filed the Motion to Reconsider after someone else informed me of this and I had him remove himself from the case and then filed the Motion to Reconsider, based on Inadequate counsel and thus the late filing on both.
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