Ambiguity in the rules on requests for admissions

Posted Thursday, September 12th, 2019 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

There is a clear ambiguity in the South Carolina Rule of Civil Procedure regarding requests for admissions–SCRCP 36. I suspect that many denied requests to

Without an itemized statement of time, your attorney fee affidavit is incomplete

Posted Monday, August 19th, 2019 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Probably once a month I attend a contested family court hearing in which the opposing counsel attempts to submit a fee affidavit without including an

The surprising breadth of res judicata

Posted Wednesday, June 26th, 2019 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

At this point in my career, it’s rare I learn anything significant about legal doctrines from opposing counsels. However, earlier this week, I was completely

Not pleading for a guardian (or discovery)

Posted Thursday, June 20th, 2019 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Last week I prosecuted a motion to appoint a guardian ad litem for the child at issue in a custody case (along with requests for

What are the potential remedies for notice-based contempt pleadings?

Posted Thursday, February 14th, 2019 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Late last month the family court issued a contempt petition against a client of mine in which the petition was a “notice” pleading, not a

Sealing records when private custody cases reference past child protective services involvement

Posted Thursday, May 24th, 2018 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

While the general principal is that court records are open to the public, information from child protective services cases are not. Thus conflicts develop between

Getting arbitration awards turned into court orders (or preventing it from happening)

Posted Thursday, October 5th, 2017 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Many of my colleagues are turning to arbitration to resolve family law disputes. Few seem aware that an arbitrator’s award does not automatically become a

Illiterate family court attorneys?

Posted Sunday, August 27th, 2017 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Whence came the South Carolina family court habit of pleading for procedural relief in initial pleadings? When I learned to draft pleadings in law school

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