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 [...]
Posts Tagged ‘Family Court Procedure’
Court of Appeals holds Rule 59(e) motion does not authorize family court to modify final order, sua sponte, in manner not requested by the moving party
The June 29, 2011 Court of Appeals opinion in Wannamaker v. Wannamaker, 395 S.C. 592, 719 S.E.2d 261 (Ct. App. 2011) (refiled August 11, 2011 with a slightly altered analysis of the equitable distribution issue) involved three issues, two of which were not novel. The unnovel issues: In a sixteen year marriage, where the supported spouse earns $30k [...]
When “five days” is seven days (and can be ten days)
South Carolina Family Court Rule 21(a) allows Motions for Temporary Relief to “be served not later than five days before the time specified for the hearing….” Many litigants and some family court attorneys read “five days” and naturally think that means five days. Have a hearing on June 6, 2011? Service on June 1st would [...]
What portions of foreign domestic relations orders are enforceable in South Carolina Family Court?
When an opposing party lives or has assets in South Carolina, it can often be more effective to enforce a foreign state’s domestic relations order in South Carolina than to enforce it in the state where it was issued. If the party against whom the order is being enforced no longer lives in the issuing [...]
We ain’t a notice pleading state
A colleague of mine, whom I greatly admire but who will remain nameless, recently posted a blog defining a summons and complaint in which he explained that “[t]he complaint is the document that basically sets out what you are hoping to get out of the case. In South Carolina, you do not necessarily have to [...]
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 [...]
Anatomy of a family court ex-parte order
With many thanks to Robert Rosen, who has greatly shaped my thinking regarding the proper form of family court ex-parte orders, the link below contains an footnoted version of what I believe is a proper (in South Carolina) family court ex-parte order:
How to draft a family court final order that will get sustained on appeal
Pursuant to South Carolina Rule of Family Court 26 (a & b): An order or judgment pursuant to an adjudication in a domestic relations case shall set forth the specific findings of fact and conclusions of law to support the court’s decision. By signing his name to an order in a domestic relations case, the [...]