Illiterate family court attorneys?
August 27, 2017
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
Who has the burden of proof on the willfulness element of contempt?
May 21, 2017
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
Learn something new every day: involuntary non-suits in family court
May 5, 2017
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
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
Is the lack of a set notice requirement in the UCCJEA a feature or a bug?
December 13, 2016
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
Disciplinary opinion clarifies rules on records subpoenas in family court
November 16, 2016
#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
There is no relief from judgment for intrinsic fraud (or do your due diligence)
September 13, 2015
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
Stopping case dismissal under the 365 day rule when the other party won’t mediate
June 22, 2015
Within the past few years the South Carolina Supreme Court has promulgated one rule in which family court cases are dismissed if no final hearing
