The main thing that differentiates marriages that end in divorce from those that end when death-do-them-part is the sheer stubbornness of the parties involved…. –that and the access or lack thereof to a handy murder weapon. In my twenty-six years practicing family law, I’ve yet to have a marital dissolution case end in murder–although a […]
Archive for the ‘Not South Carolina Specific’ Category
Jurisdiction shopping while pregnant
I recently handled a marital dissolution case in which my client had hightailed it while pregnant to another state. Her husband’s motion for temporary relief sought to have her return to South Carolina in an attempt to force her to bear their child in South Carolina–and thus insure South Carolina had subject matter jurisdiction to […]
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 […]
Does your work product convey seriousness?
With every litigation both parties have the options of settlement or trial. One factor in deciding whether and on what terms to settle is how seriously the other side appears in its preparation to take the case to trial. A less prepared opposing party presents lower risks at trial and allows a more aggressive approach […]
The pitfalls of boilerplate supplemental interrogatories
I’m shocked how often I encounter supplemental interrogatories in family court in which the issuing attorney has clearly given no thought into how interrogatories might be useful in that particular case. The ability to require the opposing party to answer up to fifty (including subparts) unique questions, under oath, and early in the case, without […]
Ambiguity in the rules on requests for admissions
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 admit exploit (or take advantage of) this ambiguity. Akin to the procedural rule addressing responding to pleadings, the rule regarding responding to requests for admissions states that “when good faith […]
A few big things trump a lot of small things
At the very beginning of any new domestic client relationship the attorney and client need to discuss the client’s goal, discuss the law related to each of these goals, and discuss the evidence that might be marshaled to achieve each goal. For example, if a client has the goal of getting custody of the children, […]
Don’t forget rebuttal
One of the biggest mistakes I see my family court colleagues making is forgoing the opportunity to present rebuttal (sometimes called reply) testimony. Rebuttal is the testimony the Plaintiff presents to rebut the testimony the Defendant presented in his or her case in chief. No attorney who handles family court appeals–and is presented with a […]