In custody actions, don’t look to the guardian (or DSS) to carry your water
January 16, 2025
I see a lot of custody cases in which one or both parties expect the guardian to do the work and present the evidence that
October 16, 2024
The October 16, 2024, Court of Appeals opinion in SCDSS v.Caldwell, held that a juvenile cannot be ordered into confinement for an evaluation without first
Generating avenues for trial evidence from an opposing party’s discovery
September 10, 2024
While most discovery requests are routine or boilerplate, some discovery requests can offer insight into the opposing party’s thinking. Such discovery requests provide fodder for
Slightly modified Gandy opinion makes two small factual corrections
March 20, 2024
On March 20, 2024, the South Carolina Court of Appeals refiled its opinion in Gandy v. Gandy, 442 S.C. 340, 898 S.E.2d 208 (Ct.App. 2024),
Consider seeking judicial notice of what occurs in court
February 22, 2024
If more family law attorneys handled appeals they would likely consider using judicial notice during their trials. Judicial notice can be used to draw the
Allegations and records determine outcomes
November 12, 2023
I suspect the concurrence new Supreme Court Justice Ketanji Brown Jackson authored in the case of Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023)
The danger of sandbagging witness lists and trial exhibits in discovery responses
November 11, 2023
The four standard interrogatories that are relevant to family court are basically questions about witnesses, expert witnesses, and trial exhibits. Any initial request for production
Using the opposing party’s deposition in court
November 10, 2023
There are a number of reasons to take an opposing party’s deposition prior to trial. Such depositions can limit what the other party can credibly
