I negotiated the resolution of a motion for temporary relief at the courthouse on Friday. On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not [...]
Posts Tagged ‘Motions for Temporary Relief’
The attorneys or clients who cry wolf
In Aesop’s fable of “The Boy Who Cried Wolf” a shepherd boy entertains himself by repeatedly pretending a wolf is attacking his sheep. Each time the villagers come running to assist him only to discovery it’s a false alarm. Eventually the boy suffers consequences when a real wolf comes and the villagers, thinking it’s another [...]
New Frequently Asked Questions
The ability to easily add pages to my web site combined with the increasing understanding that many clients and potential clients ask me similar questions that cannot easily be explained orally and can best be convincingly explained in writing and with hypertext links has inspired a flurry of Frequently Asked Question drafting. Basically, when I [...]
New Frequently Asked Question on Family Court Temporary Hearings
Realizing I have never adequately explained in writing what happens at a family court temporary hearing, and realizing that I shouldn’t expect my clients to understand without a thorough explanation either, I drafted the following frequently asked question for use of my clients and my colleagues’ clients: What Happens at Family Court Temporary Hearings?
Rule 11 affirmations for family court motions
A colleague of mine has asked me to blog on when a Rule 11 affirmation is required for a family court motion. The requirement for such affirmations is set forth in South Carolina Rule of Civil Procedure 11(a): All motions filed shall contain an affirmation that the movant’s counsel prior to filing the motion has [...]
New Frequently Asked Question: “What’s the difference between a family court temporary order and final order?”
In 2006, after the Supreme Court changed the family court administrative rules from the 270 day rule (after 270 days from filing, unresolved family court cases were struck from the active roster but the temporary orders remained in effect) to the 365 day rule (after 365 days from filing, unresolved family court cases were dismissed [...]
Was it a mistake to prevent immediate appellate review of temporary family court orders?
It is extremely difficult to get family court temporary orders modified merely upon a claim that the order issued was unfair, based upon inaccurate information, or poorly reasoned. Some (most?) family court judges will not reconsider their temporary orders. They accurately note that Rule 59, SCRCP, which allows the court to alter or amend judgments, [...]