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
The hierarchy of witnesses for custody trials
October 26, 2023
Attempting to give guidance to various clients indicated a need for me to explain the hierarchy of witnesses for custody trials. As I have noted
Visitation cases mandate a narrower focus than custody cases
October 6, 2023
Not all litigation over time with a child is actually a battle over physical custody of that child. A subset of “custody” litigation involves only
Deposition goals differ from trial testimony goals
September 27, 2023
Because deposition goals differ from trial testimony goals, deposition preparation should look different than trial testimony preparation.[i] Whereas trial testimony is intended to elicit predetermined
July 19, 2023
In the July 19, 2023, Court of Appeals opinion in Fossett v. Fossett, 440 S.C. 576, 891 S.E.2d 515 (Ct.App. 2023), the Court of Appeals
Subpoena friendly witnesses to trial
July 14, 2023
There’s a misconception that only witnesses who are reluctant to testify for one’s client should be subpoenaed to trial. Actually, I’m surprised attorneys issue trial
Don’t forget the “why” questions
March 21, 2023
I’ve recently been preparing for a number of custody trials while also working on a number of appeals I’ve inherited from trial counsel. These experiences
