Archive for November, 2012

Perhaps he has a 2,000 mile long penis?[1]

A question I am frequently and increasingly being asked by my colleagues is whether modern uses of technology to engage in sexual banter can constitute adultery as a ground for divorce in South Carolina.  Sexting, instant messaging, emailing, online role playing games and constant or lengthy phone calls (often assumed to be “phone sex”) have […]

Filing second, serving first

Before 2004, when SCRCP 3(a), was revised, it was strategically advantageous to serve a family court complaint as soon as it was filed.  This was because, up until 2004, SCRCP 3(a) stated that an action was “commenced” when a summons and complaint was served. Because of this some defendants or their attorneys, if aware that […]

Supreme Court holds that family court temporary order is never automatically stayed by appeal

In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing a notice of appeal on the enforcement of temporary orders.  Here the family court issued a temporary order requiring Husband to vacate the marital home.  Husband refused to do so […]

South Carolina Supreme Court promulgates new rules for family court temporary hearings and docketing trials

In the November 21, 2012 advance sheet, the South Carolina Supreme Court promulgated new rules regarding family court temporary hearings (pages 5-6) and docketing of trials (page 9).  The temporary hearing rule is effective immediately for all newly filed motions.  The docketing rule goes into effect for all cases set on or after January 7, […]

South Carolina Supreme Court September 2012 case of the month fizzles into unpublished dud

Ex parte: Belinda Davis-Branch. In re: Larry Solomon v. Betty Jean Solomon was the South Carolina Supreme Court’s September 2012 “Case of the Month.”  Had the Supreme Court affirmed the family court’s ruling–which I was almost certain it wouldn’t–it might have revolutionized family law attorney fee collection practice in South Carolina and made it much […]

Lewis affirms child custody but remands child support based on improper imputation of husbands’s income

The November 14, 2012 Court of Appeals opinion in Lewis v. Lewis, 400 S.C. 354, 734 S.E.2d 322 (Ct. App. 2012), provides some guidance on imputing income to unemployed spouses and parents and deciding whether to award joint custody. In Lewis, the family court denied Husband’s request for joint custody and imputed monthly income to him of […]

Does South Carolina Rule of Civil Procedure 6(d) violate due process?

I recently defended a motion in which the timing of the submitted affidavits has me considering whether South Carolina Rule of Civil Procedure 6(d) violates due process. An opposing attorney filed a motion for sanctions under Rule 37(b)(2), SCRCP, when my clients failed to answer discovery within the deadline set under a prior court order.  As […]

What makes a good request for admission?

Other than requests for admissions on the authenticity of documents–which can be issued in unlimited numbers–South Carolina Rule of Civil Procedure 36(c) limits a party to twenty requests for admissions absent “good cause shown.”  How to employ those twenty requests is an important strategic concern. There’s really only two ways one can utilize a request […]