Pet peeve: certificates of service in South Carolina trial courts
Posted Friday, October 9th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Can someone please explain why so many attorneys prepare, and often file, certificates of service in South Carolina trial courts? I assume it’s because they
Interrogatory answers need to be accurate, complete, and minimal
Posted Thursday, October 8th, 2020 by Gregory Forman
Filed under Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
My standard procedure in answering interrogatories is to obtain an opposing party’s questions as a word document, cut and paste into my own responsive word
Expert testimony bolstering a child’s credibility is improper
Posted Tuesday, October 6th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Despite repeated opinions from the South Carolina appellate courts indicating that expert testimony bolstering a child’s credibility is verboten, it continues to happen. Perhaps this
Court of Appeals rejects father’s numerous challenges to custody and support modification decision
Posted Wednesday, August 26th, 2020 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 26, 2020 Court of Appeals case of Whitesell v. Whitesell, 431 S.C. 575, 848 S.E.2d 588 (Ct.App. 2020), finds the Appellant making numerous
Court of Appeals reopens equitable distribution due to “fraud upon the court”
Posted Wednesday, August 26th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 26, 2020, Court of Appeals opinion in Sanders v. Smith presents an unusual resolution of a Rule 60 motion. Husband filed divorce proceedings
Court of Appeals affirms custody modification and continuance denial
Posted Friday, August 7th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions
This opinion was slightly revised on December 9, 2020: Refiled Sellers Opinion Adds One Footnote And One Clarification The August 5, 2020 Court of Appeals opinion in
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
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, 430 S.C. 153, 843 S.E.2d 491 (2020), addresses the proper procedure to correct a
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
Posted Wednesday, November 6th, 2019 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, 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 6, 2019, case of Cooper v. SCDSS, 428 S.C. 402, 835 S.E.2d 516 (2019), the South Carolina Supreme Court found that the
