Automatic discovery in family court–finally
May 1, 2017
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
February 17, 2017
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
Obtaining electronically stored information in electronically stored format
July 21, 2016
A common idea among litigators is that an excellent way to hide damaging information is to produce it with a whole bunch of innocuous information.
“I don’t know/recall” may be the best interrogatory or deposition answer you can get
April 21, 2016
I lectured last week to recent law school graduates about family law discovery. Part of this lecture discussed Rule 37(a)(3), SCRCP which reads: “Evasive or
Using opposing parties’ evasive discovery responses against them
February 9, 2016
Often opposing parties will respond to discovery with evasion: giving answers that respond to some, slightly different allegation; providing lengthy responses to “yes/no” questions without
February 7, 2016
In responding to discovery or pleadings, some of the responses, if accurate, will bolster the other party’s case. Clients, even (especially) sophisticated clients, often balk
Respecting the ongoing duty to supplement written discovery responses
February 5, 2016
South Carolina case law recognizes the fundamental importance of discovery to preparing a lawsuit for trial: The primary objective of discovery is to ensure that
The risk of sending South Carolina family law clients to counseling
September 9, 2015
Many family law clients in the initial stage of custody or divorce litigation could benefit from counseling. Whether it is developing better coping methods for
