How do you plead manifest injustice for basis of a rule 59e motion under SCRCivP?

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2026-04-16 10:41

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To plead manifest injustice under Rule 59(e) of the South Carolina Rules of Civil Procedure, a party must demonstrate that the court’s prior ruling resulted in a clear error or is fundamentally unfair. This can involve showing that new evidence has emerged, that the original judgment was based on a misunderstanding of the law or facts, or that the outcome is unjust and warrants reconsideration. The motion should clearly articulate the reasons for the perceived injustice and provide supporting evidence or arguments. Ultimately, the goal is to convince the court that rectifying the error is necessary to achieve a fair result.

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