Ambiguity in the rules on requests for admissions
Posted Thursday, September 12th, 2019 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
There is a clear ambiguity in the South Carolina Rule of Civil Procedure regarding requests for admissions–SCRCP 36. I suspect that many denied requests to
Without an itemized statement of time, your attorney fee affidavit is incomplete
Posted Monday, August 19th, 2019 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Probably once a month I attend a contested family court hearing in which the opposing counsel attempts to submit a fee affidavit without including an
Posted Sunday, August 4th, 2019 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The July 24, 2019 Court of Appeals opinion in May v. May, 428 S.C. 131, 833 S.E.2d 78 (Ct. App. 2019), upheld the family court’s
The surprising breadth of res judicata
Posted Wednesday, June 26th, 2019 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
At this point in my career, it’s rare I learn anything significant about legal doctrines from opposing counsels. However, earlier this week, I was completely
Not pleading for a guardian (or discovery)
Posted Thursday, June 20th, 2019 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Last week I prosecuted a motion to appoint a guardian ad litem for the child at issue in a custody case (along with requests for
What are the potential remedies for notice-based contempt pleadings?
Posted Thursday, February 14th, 2019 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Late last month the family court issued a contempt petition against a client of mine in which the petition was a “notice” pleading, not a
Sealing records when private custody cases reference past child protective services involvement
Posted Thursday, May 24th, 2018 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
While the general principal is that court records are open to the public, information from child protective services cases are not. Thus conflicts develop between
Getting arbitration awards turned into court orders (or preventing it from happening)
Posted Thursday, October 5th, 2017 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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
Illiterate family court attorneys?
Posted Sunday, August 27th, 2017 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
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?
Posted Sunday, May 21st, 2017 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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
