There is no relief from judgment for intrinsic fraud (or do your due diligence)

Posted Sunday, September 13th, 2015 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

South Carolina Rule of Civil Procedure 60(b) list five different ways one can use a streamlined procedure to obtain relief from a judgment within one

Stopping case dismissal under the 365 day rule when the other party won’t mediate

Posted Monday, June 22nd, 2015 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Within the past few years the South Carolina Supreme Court has promulgated one rule in which family court cases are dismissed if no final hearing

South Carolina Supreme Court promulgates new rule for appointing mediators in family court

Posted Wednesday, April 29th, 2015 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

An August 27, 2014 South Carolina Supreme Court order requires dismissal of family court actions if they are not resolved or set for trial within

Orders of paternity

Posted Monday, March 16th, 2015 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Paternity, South Carolina Specific

One area where law and culture are not congruent is the issue of paternity for children born out of wedlock. In many cases the parents

Supreme Court sets procedures for family court attorney fee awards

Posted Wednesday, December 3rd, 2014 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 3, 2014 South Carolina Supreme Court opinion in Buist v. Buist, 410 S.C. 569, 766 S.E.2d 381 (2014), sets forth procedures to be used

Supreme Court changes Family Court 365 day benchmark administrative order

Posted Thursday, August 28th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

On August 27, 2014 the South Carolina Supreme Court issued an administrative order superseding the May 9, 2006 order that set the 365 day benchmark

Certificates of service in South Carolina state courts

Posted Wednesday, August 20th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Many attorneys issue certificates of service (also known as proofs of service) with the motions, orders, pleadings and discovery they issue in filed cases. I

Common Rule 11 violations in discovery requests and objections

Posted Thursday, April 3rd, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

I’m not sure my fellow members of the bar are aware they are doing it, but I see a whole lot of Rule 11 violations

Should one verify what doesn’t have to be verified?

Posted Monday, March 24th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

An old mentee of mine asked me if he should verify pleadings given that Rule 11(a) of the South Carolina Rules of Civil Procedure no

Establishing paternity when the husband ain’t the daddy

Posted Thursday, March 20th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Paternity, South Carolina Specific

A few times a year I am contacted by a mother who wants to put her child’s biological father on the child’s birth certificate but

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