A.Time for Filing. The party first noticing the appeal shall file an original and one copy of its brief with the Court within thirty (30) days after the filing of the Record on Appeal. Within thirty (30) days thereafter, the respondent and other parties shall file an original and one copy of their briefs in response. A reply brief and one copy may be filed ten (10) days thereafter. The principal briefs shall not exceed thirty (30) pages and the reply brief shall not exceed ten (10) pages. In appeals from the Department of Employment and Workforce, the appellant shall file its brief with the Court within twenty (20) days after the Record on Appeal is filed, and the respondent must file its brief within twenty (20) days after the date the appellant's brief is filed. The appellant may file a reply brief within ten (10) days after the respondent's brief is filed.B. Content of Brief. Each brief shall contain:(1) Statements of the Issues on Appeal. A statement of each of the issues presented for review. The statement shall be concise and direct as to each issue and may be stated in question form. Broad general statements may be disregarded by the Court. Ordinarily, no point will be considered that is not set forth in the statement of issues on appeal.(2) Statement of the Case. The statement shall contain a concise history of the proceedings, insofar as necessary to an understanding of the appeal. The statement shall not contain contested matters and shall contain as a minimum, the following information: the date of the commencement of the action; the nature of the action; the nature of the defense or response; the date and nature of the agency action appealed from; the date of the service of the notice of appeal; the date of and description of any orders or proceedings in the agency as may have affected the appeal, or may throw light upon the questions involved in the appeal. Any matters stated or alleged in a party's statement shall be binding on that party.(3) Argument. The brief shall be divided into as many parts as there are issues to be argued, and each such part shall bear an appropriate caption, followed by a discussion and citation of authority. A party may also include a separate statement of facts relevant to the issues presented for review, with reference to the record on appeal, which may include contested matters and summarize that party's contentions.(4) Conclusion. A short conclusion stating the precise relief requested.(5) Proof of Service. Proof of service of the brief on all parties of record.C. Service of Brief. At the time of filing the brief with the Court, one copy of the brief and any appendix shall be served on each party to the appeal.D. Cover of Brief. The cover of the appellant's brief shall be blue; that of the respondent red; that of an intervenor or amicus curiae green; and that of any reply brief gray. The cover of a brief shall contain only the caption and the names, addresses, telephone numbers and e-mail addresses of counsel. This subsection shall not apply to briefs filed by pro se litigants.E. Amicus Curiae Brief. A brief of an amicus curiae may be filed only by leave of the presiding administrative law judge, or at the request of the presiding administrative law judge. The brief may be conditionally filed with the motion for leave to file. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. The brief shall be limited to argument of the issues on appeal as presented by the parties and shall comply with the requirements of Subsections (A) through (D) of this Rule. If leave to file an amicus curiae brief is granted, the court will specify the period in which a response to the brief may be filed.S.C. R. P. Admin. Law. Ct. 37
2016 Revised Notes
Except in cases involving the Department of Employment and Workforce (DEW), the appellant's brief must be filed within thirty days after the filing of the Record on Appeal, and the respondent's brief must be filed within thirty days after the appellant's brief is filed. These deadlines provide a readily ascertainable time for the submission of the briefs. Statements of fact set forth in the briefs are binding upon the proponent of the statement. The format of the briefs is similar to that used in the South Carolina Appellate Court Rules. The requirements of subsection (D), which specify the colors to be used for the cover of the briefs, do not apply to briefs filed by pro se litigants. Briefs are not required to be bound. The original and one copy of each brief must be filed with the Court, and proof of service of the brief on all parties of record must be included. A shorter time frame for the filing of briefs applies in DEW appeals, in accordance with S.C. Code Ann. § 41-35-750, which provides that DEW appeals must be heard in a summary manner.
This Rule was amended in 2016 by adding subsection (E), which provides form the filing of amicus curiae briefs. The presiding administrative law judge must request the filing of amicus briefs or must grant leave to file them. The subsection is based upon SCACR 223.