Appeals/Motion for New Trial

The Appeals Process

Any person convicted of any offense by a municipal court may appeal the sentence to the Court of Common Pleas. (§14-25-95). The appellant must file the appeal within ten days of sentencing and state the grounds for their appeal. The appeal must be filed at the Lexington County Clerk of Court office.

Motion to Reopen

FOR A TRAFFIC OR CRIMINAL CASES HEARD IN MUNICIPAL COURT

1. SC Code Section 22-3-1000 provides that a motion to reopen must be filed with the Trial Court within ten (10) calendar days of the trial/disposition date.  § 22-3-1000 provides: "[A] motion for a new trial may not be heard unless made within ten days from the rendering of the judgment.

2. Filing a motion to reopen does not stop the execution of the original sentence.

3. Filing a motion does not reopen your case. A hearing will be scheduled to determine whether your case will be reopened.

4. One notice of hearing will be mailed to you at the address you provide.

5. You must be present on your motion hearing date for your motion to be considered. If your motion is granted, your new trial will commence immediately thereafter.

6. If you wish to file this motion, please complete the appropriate Motion to Reopen form and submit it to the Clerk of Court's Office.