Demand formal requests before allowing a home inspection in marital dissolution cases

Posted Tuesday, May 19th, 2020 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A request for entry upon land for the purpose of inspection is a discovery option infrequently used by family court attorneys. Part of the reason

Supreme Court holds Rule 60(a), SCRCP, motion is proper procedure to correct potential scrivener’s error in court-approved equitable distribution agreement

Posted Thursday, May 14th, 2020 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The May 13, 2020, Supreme Court opinion in Landry v. Landry addresses the proper procedure to correct a potential scrivener’s error in a court-approved equitable

South Carolina court system partially reopens for business

Posted Sunday, April 5th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Late Friday (April 3, 2020), the South Carolina Supreme Court issued an order that will partially reopen the court system for business while continuing to

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

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