Disciplinary opinion clarifies rules on records subpoenas in family court
Posted Wednesday, November 16th, 2016 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
#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
Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)
Posted Friday, December 11th, 2015 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
Any contest requires an agreement on the rules, in advance, to proceed properly. Many people have variations on Milton Bradley’s “official” Monopoly rules. When these
There is no relief from judgment for intrinsic fraud (or do your due diligence)
Posted Sunday, September 13th, 2015 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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
Posted Monday, June 22nd, 2015 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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
South Carolina Supreme Court promulgates new rule for appointing mediators in family court
Posted Wednesday, April 29th, 2015 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
An August 27, 2014 South Carolina Supreme Court order requires dismissal of family court actions if they are not resolved or set for trial within
Posted Monday, March 16th, 2015 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Paternity, South Carolina Specific
One area where law and culture are not congruent is the issue of paternity for children born out of wedlock. In many cases the parents
Supreme Court sets procedures for family court attorney fee awards
Posted Wednesday, December 3rd, 2014 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 3, 2014 South Carolina Supreme Court opinion in Buist v. Buist, 410 S.C. 569, 766 S.E.2d 381 (2014), sets forth procedures to be used
Supreme Court changes Family Court 365 day benchmark administrative order
Posted Thursday, August 28th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
On August 27, 2014 the South Carolina Supreme Court issued an administrative order superseding the May 9, 2006 order that set the 365 day benchmark
Certificates of service in South Carolina state courts
Posted Wednesday, August 20th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Many attorneys issue certificates of service (also known as proofs of service) with the motions, orders, pleadings and discovery they issue in filed cases. I
Common Rule 11 violations in discovery requests and objections
Posted Thursday, April 3rd, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
I’m not sure my fellow members of the bar are aware they are doing it, but I see a whole lot of Rule 11 violations