Posts Tagged ‘Burden of Proof’

Who has the burden of proof on the willfulness element of contempt?

A few days ago I prosecuted a contempt action. The proof for one of the allegations of contempt was very document intensive and mathematical–reimbursement for unpaid medical expenses–and another was heavily reliant on exhibits. I figured that establishing violations would be easier by having my client explain the records through direct testimony rather than by cross-examining […]

What is the burden of proof for adultery divorce in South Carolina?

Has anyone else noticed that our South Carolina appellate courts have made a hash out of the burden of proof necessary to obtain a divorce on the grounds of adultery? Three reported South Carolina cases state adultery must be proven by “clear and convincing evidence.” Doe v. Doe, 324 S.C. 492, 478 S.E.2d 854, 856 […]


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