Last Friday I attended a motion in which the primary issue was whether my client’s discovery request was a “fishing expedition.” The term “fishing expedition” is commonly bandied about by attorneys. It typically arises in three legal contexts: when police stop and frisk someone; when attorneys cross-examine a witness; or when one party seeks discovery–typically [...]
Posts Tagged ‘Discovery’
Countering weasely responses in discovery and pleadings
“Weaseling out of things is important to learn. It’s what separates us from the animals! Except the weasel.” – Homer Simpson A common complaint among family law attorneys is discovery or pleading responses that are evasive or flat-out inaccurate. While such responses are frustrating they can actually be of greater use to the opposing party than accurate, [...]
South Carolina Supreme Court allows writ of certiorari to challenge discovery order
The September 21, 2009 Supreme Court opinion in Hollman v. Woolfson, 384 S.C. 571, 683 S.E.2d 495 (2009) approves an unusual use of a writ of certiorari: allowing the writ to challenge the circuit court’s ruling compelling discovery. Typically a party seeking to challenge a lower court’s order compelling discovery must be found in contempt for not [...]
The pitfalls of cursory standard interrogatory responses
The Court of Appeals’ decision to affirm the family court’s award of custody to the father in its July 28, 2009 opinion in Divine v. Robbins, 385 S.C. 23, 683 S.E.2d 286 (Ct.App. 2009) isn’t terribly surprising. Being an uncooperative parent who withholds visitation to get one’s way, putting one’s own desires ahead of the child’s best [...]