I often see attorneys object to discovery requests when those same attorneys request the same discovery. There are potential ethical violations and tactical problems in doing this. South Carolina Rule of Civil Procedure 11(a) reads: Every pleading, motion or other paper of a party represented by an attorney shall be signed in his individual name [...]
Posts Tagged ‘Civil Procedure’
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 [...]
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 [...]
Supreme Court clarifies South Carolina Rules of Civil Procedure 3 and 15
The August 15, 2012 Supreme Court opinion in Mims v. Babcock Center, 399 S.C. 341, 732 S.E.2d 395 (2012), clarifies issues of civil procedure that have occasionally come up in my family law practice. Rule 3, SCRCP, reads “A civil action is commenced when the summons and complaint are filed with the clerk of court if: (1) [...]
Supreme Court authorizes use of SCRCP 60(b)(5) to right obvious injustice
The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990 court-approved equitable distribution agreement that gave Wife a portion of Husband’s Social Security benefits. The Court of Appeals found that this provision violated 42 U.S.C. § 407(a) of the Social [...]
“Shotgunning” motions to compel discovery
While the rules of civil procedure don’t create a distinction, there are really two types of motions to compel discovery. The first type of motion to compel seeks to compel a party that hasn’t answered discovery to answer discovery. See SCRCP 37(a)(2). The second type of motion to compel is based on SCRCP 37(a)(3), which [...]
Doesn’t a family court motion for temporary relief need to state the grounds therefor?
Rule 21 of the South Carolina Rules of Family Court creates specialized rules for Family Court motions for temporary relief. For example, such motions may be heard on five business days notice. Rule 21(a), SCRFC. Supporting affidavits do not need to be served with such motions. Rule 21(c), SCRFC. However, SCRFC 2(a) notes that the South [...]