Posts Tagged ‘Family Court Procedure’

Getting arbitration awards turned into court orders (or preventing it from happening)

Many of my colleagues are turning to arbitration to resolve family law disputes. Few seem aware that an arbitrator’s award does not automatically become a valid court order. South Carolina’s Uniform Arbitration Act, Title 15, Chapter 48, sets forth procedures to challenge or obtain court approval of an arbitration award. S.C. Code §15-48-120 addresses “Confirmation […]

Illiterate family court attorneys?

Whence came the South Carolina family court habit of pleading for procedural relief in initial pleadings? When I learned to draft pleadings in law school we didn’t plead for procedural relief. When I started my career doing personal injury law, we didn’t plead for procedural relief. If we needed procedural relief we filed motions. Yet, […]

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 […]

Learn something new every day: involuntary non-suits in family court

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 for the other party failing to comply with the rules of civil procedure or a court order. However yesterday, at the end of my case in chief of a contempt […]

Automatic discovery in family court–finally

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 practicing under the prior rule, I only had three cases in which a motion for discovery was contested. In one case the family court authorized discovery. In the other two […]

Is the lack of a set notice requirement in the UCCJEA a feature or a bug?

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 statute was largely an improvement. It includes limitation upon the exercise of “emergency jurisdiction” so that an emergency cannot be used to give a state permanent jurisdiction. It provided powerful […]

Disciplinary opinion clarifies rules on records subpoenas in family court

#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 tecum without an order of discovery?” The November 16, 2016 Supreme Court disciplinary opinion in In the Matter of Margaret D. Fabri , 793 S.E.2d 306 (S.C. 2016), answers that question in the […]

There is no relief from judgment for intrinsic fraud (or do your due diligence)

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 year of the order or judgment. Item three includes, “fraud, misrepresentation, or other misconduct of an adverse party.” While the parallel rule of Federal Procedure, upon which the South Carolina […]

 

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