![]() ![]() The court may in its discretion enlarge or limit the time for filing the return. Any party opposing a motion or petition shall have ten (10) days from the date of service thereof to file an original and six (6) copies of his return with the clerk and serve on all parties a copy of the return provided, however, that a return to a petition for rehearing may only be filed if permitted under Rule 221(a). In extraordinary cases, the appellate court may relieve a party from paying the filing fee. 1 This filing fee shall not be required for motions or petitions in criminal appeals, petitions for writs of certiorari under Rules 242 and 243, certified questions under Rule 244, petitions to invoke the original jurisdiction of the Supreme Court under Rule 245, or motions or petitions filed by the State of South Carolina or its departments or agencies. The copies filed with the appellate court shall be accompanied by the filing fee set by order of the Supreme Court. An original and six (6) copies of the motion shall be filed with the clerk of the appellate court, and a copy shall be served upon each party. (3) Where the Record on Appeal or Appendix has not been filed, or where the facts relied upon in support of the motion are not contained in the Record on Appeal or Appendix, the parties shall file affidavits and other documents in support of their positions. (2) A memorandum with citation of authorities in support of the motion. The original certificate or affidavit of service must be filed with the original motion or petition. (1) A certificate or affidavit of service reflecting the date of service upon all parties. Each motion or petition shall include the following: The pages of the motion or petition and all supporting documents shall be consecutively numbered. All motions or petitions filed in an appellate court shall be in writing, shall state the grounds thereof, and shall comply with the requirements of Rule 267. (c) Form and Content of Motions and Petitions. A motion to dismiss an appeal or a motion to relieve counsel shall, however, automatically stay the time limits for perfecting the appeal until the motion is decided. Unless otherwise provided by these Rules, or ordered by the appellate court, the time limits imposed by these Rules shall not be stayed by the filing of a motion or petition. Where Rules 241 through 246 provide different or additional requirements or procedures, those requirements or procedures shall apply. This Rule governs all motions or petitions filed in the appellate court, including but not limited to: motions for extension of time, motions to reinstate, petitions for rehearing, motions to be relieved as counsel or for substitution of counsel, petitions for supersedeas, motions to remand or dismiss and petitions for hearing en banc.
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