Posts Tagged ‘Discovery’
Posted Wednesday, August 10th, 2011 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
No Comments »
It’s typically hard to get useful information from child custody interrogatories. One question that often reveals more than it should is “Is there anything about the opposing party that renders him [her] unfit to have sole physical custody of the children? If so, describe with specificity this unfitness.” The gap between being a fit parent [...]
Tags: Child Custody, Discovery, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Friday, August 5th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
2 Comments »
Unlike circuit court, there in no automatic discovery in South Carolina’s family court. See Rule 25, SCFCR. Most of the time, discovery is ordered at the first temporary hearing. Often parties (well, the parties’ attorneys) wish to engage in discovery without having a temporary hearing or prior to a temporary hearing. Other times, the temporary order [...]
Tags: Discovery, Family Court Procedure, Litigation Strategy
Posted in Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 2 Comments »
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
South Carolina attorneys are expected to be collegial. Part of that collegiality is a reluctance to file motions to compel discovery responses and a frequent acceptance of discovery responses that are incomplete or evasive. Another part of that collegiality is a general understanding that a demand for fees as part of a motion to compel [...]
Tags: Attorney's Fees, Discovery, Family Court Procedure
Posted in Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
I prosecuted a motion to compel recently against an experienced attorney. One of the things I wanted his client compelled to do was verify the answers to my client’s interrogatories. At the hearing the opposing attorney reported that, until he received my motion to compel, he was unaware of the requirement that interrogatory answers be [...]
Tags: Discovery, Interrogatories, Litigation Strategy
Posted in Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Friday, May 6th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
No Comments »
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 [...]
Tags: Civil Procedure, Discovery, Litigation Strategy
Posted in Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys | No Comments »
Posted Saturday, January 15th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
3 Comments »
Many of these blogs are inspired by young attorneys I am informally mentoring. This one was inspired by a query as to the sort of discovery I issue in a family law case. After seventeen years of practice, I still lack a completely satisfactory answer to that question. I have at least five goals in [...]
Tags: Discovery, Litigation Strategy
Posted in Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 3 Comments »
Posted Sunday, December 5th, 2010 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
Quite often in my family law cases I will issue written discovery along with a settlement proposal. This is a strategy I see few other attorneys employ and the combination typically confuses my clients. “Why are we issuing discovery,” they will ask, “if our goal is settlement?” A reasonable question deserves a response, so here’s [...]
Tags: Discovery, Litigation Strategy
Posted in Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Sunday, July 4th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Custody, Child Support, Equitable Division/Property Division, Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement. Yet I know of two good reasons (there may be others) to file [...]
Tags: Alimony Modification, Child Custody Modification, Child Support Modification, Discovery, Equitable Division/Property Division, Family Court Procedure, Guardian ad litem, Litigation Strategy, Marital Litigation in South Carolina, Motions for Temporary Relief
Posted in Alimony/Spousal Support, Child Custody, Child Support, Equitable Division/Property Division, Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
