Filing second, serving first

Posted Tuesday, November 27th, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Before 2004, when SCRCP 3(a), was revised, it was strategically advantageous to serve a family court complaint as soon as it was filed.  This was

Supreme Court holds that family court temporary order is never automatically stayed by appeal

Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing

South Carolina Supreme Court promulgates new rules for family court temporary hearings and docketing trials

Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In the November 21, 2012 advance sheet, the South Carolina Supreme Court promulgated new rules regarding family court temporary hearings (pages 5-6) and docketing of

Does South Carolina Rule of Civil Procedure 6(d) violate due process?

Posted Tuesday, November 13th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I recently defended a motion in which the timing of the submitted affidavits has me considering whether South Carolina Rule of Civil Procedure 6(d) violates due

What makes a good request for admission?

Posted Tuesday, November 13th, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Other than requests for admissions on the authenticity of documents–which can be issued in unlimited numbers--South Carolina Rule of Civil Procedure 36(c) limits a party

What’s so important about financial declarations?

Posted Friday, October 12th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, South Carolina Specific

Financial declarations are often the most important piece of evidence in any family court case.  Filling them out and executing them in a cavalier manner

Supreme Court clarifies South Carolina Rules of Civil Procedure 3 and 15

Posted Thursday, August 16th, 2012 by Gregory Forman
Filed under Family Court Procedure, South Carolina Appellate Decisions, South Carolina Specific

The August 15, 2012 Supreme Court opinion in Mims v. Babcock Center, 399 S.C. 341, 732 S.E.2d 395 (2012), clarifies issues of civil procedure that have occasionally

South Carolina Supreme Court’s Suspension of Family Court Rule 24 for Title IV-D Cases

Posted Sunday, July 29th, 2012 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Two different family law attorneys have asked–nay demanded–that I blog about the July 19, 2012 South Carolina Supreme Court Administrative Order suspending application of South

Supreme Court approves parent’s taping of child’s telephone conversation

Posted Friday, July 13th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

Though not a family court appeal, the July 11, 2012 Supreme Court opinion in State v. Whitner, 399 S.C. 547, 732 S.E.2d 861 (2012), has important application to

Hammer holds party cannot collaterally attack family court order in circuit court

Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The June 6, 2012 Court of Appeals opinion in Hammer v. Hammer, 399 S.C. 100, 730 S.E.2d 874 (Ct. App. 2012), holds what I thought was

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