Posts Tagged ‘South Carolina Rules of Evidence’

Falling into the tiger pit of prior consistent statements

About a decade ago I represented a pre-teen girl in a DSS abuse and neglect case in which she alleged her stepfather had sexually abused her. DSS became involved after she reported the abuse to a school counselor. At a pre-trial hearing, in an attempt to get the matter dismissed, the stepfather’s attorney had noted […]

What exactly is an “asked and answered” evidentiary objection?

Often during trials, opposing counsel will object to a question I pose on cross examination as being “asked and answered.”  Too often I will note that the question may have been “asked” but it was never “answered.”  And all too often the trial judge will sustain this objection.  The problem: there is no “asked and […]

Being the primary caretaker, not discussing litigation with the child, and not harassing the other parent continue to be prevailing factors in custody case

The July 28, 2010 Court of Appeals opinion in High v. High, 389 S.C. 226, 697 S.E.2d 690 (Ct. App. 2010) presents little new analysis of custody law.  Mother was awarded custody by the family court and this was affirmed by the Court of Appeals, primarily because it appeared that mother was the primary caretaker of […]

 

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