Learn something new every day: involuntary non-suits in family court
Posted Friday, May 5th, 2017 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve long been aware that one could use Rule 41(b), SCRCP, to move to dismiss an action for failure to prosecute or as a sanction
Automatic discovery in family court–finally
Posted Monday, May 1st, 2017 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Effective today (May 1, 2017) the South Carolina Supreme Court has amended Rule 25, SCFCR, to authorize automatic discovery in family court. In 23 years
Best practices in responding to requests for production
Posted Friday, February 17th, 2017 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
I spend a lot of time struggling to get opposing attorneys to fully respond to requests for production. Often it’s hard to tell if the
Is the lack of a set notice requirement in the UCCJEA a feature or a bug?
Posted Tuesday, December 13th, 2016 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys
In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated
Disciplinary opinion clarifies rules on records subpoenas in family court
Posted Wednesday, November 16th, 2016 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
#79 on my November 14, 2011 list of “One hundred things I don’t know about South Carolina family law,” reads, “Can one issue subpoenas duces
Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)
Posted Friday, December 11th, 2015 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
Any contest requires an agreement on the rules, in advance, to proceed properly. Many people have variations on Milton Bradley’s “official” Monopoly rules. When these
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
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
