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

Supreme Court holds that family court temporary order is never automatically stayed by appeal

November 21, 2012

In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing

South Carolina Supreme Court promulgates new rules for family court temporary hearings and docketing trials

November 21, 2012

In the November 21, 2012 advance sheet, the South Carolina Supreme Court promulgated new rules regarding family court temporary hearings (pages 5-6) and docketing of

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

What makes a good request for admission?

November 13, 2012

Other than requests for admissions on the authenticity of documents–which can be issued in unlimited numbers--South Carolina Rule of Civil Procedure 36(c) limits a party

South Carolina Supreme Court’s Suspension of Family Court Rule 24 for Title IV-D Cases

July 29, 2012

Two different family law attorneys have asked–nay demanded–that I blog about the July 19, 2012 South Carolina Supreme Court Administrative Order suspending application of South

Hammer holds party cannot collaterally attack family court order in circuit court

June 6, 2012

The June 6, 2012 Court of Appeals opinion in Hammer v. Hammer, 399 S.C. 100, 730 S.E.2d 874 (Ct. App. 2012), holds what I thought was

The limits of South Carolina Family Court Rule 7

June 1, 2012

South Carolina Family Court Rule 7 creates various evidentiary exceptions to the general rules of hearsay.  Some family law attorneys read this rule to allow

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