Archive for October, 2019

In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees

The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton mostly affirms the family court’s decision on issues of equitable distribution and fees. In Thornton, Husband filed for an adultery divorce after he became suspicions of Wife’s relationship with a co-worker. Custody was highly contested and required the services of a guardian ad […]

Selecting a mediator: what are your goals?

Unlike a guardian ad litem–whose work product and testimony may impact a judge’s decision at trial–the only thing the court will hear from the mediator is that mediation took place, what issues were mediated, and what issues remain unresolved. In this respect the choice of mediator has no bearing on the outcome of the trial. […]

An evasive or incomplete answer is to be treated as a failure to answer

I find it curious that attorneys routinely treat incomplete or evasive discovery responses as no big deal. From my reading, Rule 37(a)(3), SCRCP, could not be more clear, “For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer.” Further, Rule 37(a)(2), SCRCP, makes it clear that […]

 

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