Discovery

May 30th, 2026

Nut up or shut up discovery

Perhaps I am mellowing in my old age. Perhaps younger attorneys are simply more enamored of roundhouse punch allegations than I am comfortable with. But I increasingly see complaints or counterclaims with broad and wild allegations that I am pretty sure the other side cannot prove (even if they might be true). Such allegations call […]

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April 11th, 2025

In South Carolina family court, is all social media usage discoverable?

In divorce or child custody cases, I personally don’t like issuing broad discovery requests for the opposing party’s social media usage.  Until a few years ago I routinely issued such requests for production. Many of my colleagues still do.  However, I have changed my thinking.  I don’t think a party’s social media usage is per […]

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September 10th, 2024

Generating avenues for trial evidence from an opposing party’s discovery

While most discovery requests are routine or boilerplate, some discovery requests can offer insight into the opposing party’s thinking.  Such discovery requests provide fodder for deposition or trial questions. Recently an opposing party asked my client to “Admit or deny that you show anger around the children.”  Being human, my client admitted the request.  What […]

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August 7th, 2024

Supreme Court holds adoption records subject to discovery if relevant, but requires protective order for their disclosure

The August 7, 2024, Supreme Court opinion in E.G. and J.J. v. SCDSS, 443 S.C. 379, 905 S.E.2d 124 (2024), held that adoption records, if relevant, were subject to disclosure in civil litigation discovery—despite a provision in the South Carolina code making such records confidential if held by the South Carolina Department of Social Services […]

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