Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)

December 11, 2015

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

The two types of motions to compel discovery

March 30, 2014

Although the rules of civil procedure don’t differentiate them, there are really two distinct types of motions to compel discovery: one addressing the untimeliness of

How to help a family court litigant who failed to show up for trial

August 1, 2013

A couple times each year I will get contacted by a family law litigant who failed to show up for trial and wants to appeal

When can a family law attorney be required to pay the other party’s fees?

July 25, 2013

A few weeks ago one of my mentees inquired whether there were circumstances in which an attorney could be required to pay the other party’s

Seeking protective orders for private investigator information

July 19, 2013

Since adultery is often a bar to alimony in South Carolina, family law attorneys here frequently employ private investigators (PIs).  However, even when such PIs

Objecting to discovery that you sought yourself

December 5, 2012

I often see attorneys object to discovery requests when those same attorneys request the same discovery.  There are potential ethical violations and tactical problems in

Filing second, serving first

November 27, 2012

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

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

November 13, 2012

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

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