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
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
South Carolina takes small step toward insuring due process in child support collection
Posted Sunday, March 2nd, 2014 by Gregory Forman
Filed under Child Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
On February 28, 2014 the South Carolina Supreme Court promulgated the use of the following new form, SCCA 430S, which can be downloaded here, for
Should there be automatic de novo review of temporary custody and support orders?
Posted Thursday, January 30th, 2014 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process. This is because allowing such hearings to proceed on affidavits
