Controlling the tempo of domestic litigation
Posted Saturday, August 20th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
One thing that is never taught in trial advocacy law school classes and rarely noted in continuing legal education seminars is the role of tempo
Be careful what your client vouches for
Posted Friday, August 12th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Most attorneys know that their clients’ own affidavit(s) can be used against them at trial as an admission of a party opponent. SCRE 801(d)(2)(A). However,
Posted Wednesday, August 10th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Continuing today’s theme of gifts from benevolent domestic litigation deities is the issue of overly vitriolic affidavits for temporary hearings in marital dissolution cases. When
The child custody interrogatory that often reveals more than it should
Posted Wednesday, August 10th, 2011 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
It’s typically hard to get useful information from child custody interrogatories. One question that often reveals more than it should is “Is there anything about
Stipulating to family court discovery
Posted Friday, August 5th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Unlike circuit court, there in no automatic discovery in South Carolina’s family court. See Rule 25, SCRFC. Most of the time, discovery is ordered at the
Talk to the judge, not to opposing counsel
Posted Friday, July 29th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
Early in my legal career I used to habitually drive the Honorable Wayne Morris Creech nuts over what I perceived as minor offenses. Saying “yeah”
Verifying interrogatory answers
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
I prosecuted a motion to compel recently against an experienced attorney. One of the things I wanted his client compelled to do was verify the
Timing the temporary hearing in your custody modification case
Posted Thursday, May 26th, 2011 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Many family court attorneys reflexively seek a temporary change of custody when filing a lawsuit to change custody. However, when seeking to change custody on
What exactly is an “asked and answered” evidentiary objection?
Posted Thursday, May 12th, 2011 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Often during trials, opposing counsel will object to a question I pose on cross examination as being “asked and answered.” Too often I will note
“Shotgunning” motions to compel discovery
Posted Friday, May 6th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
While the rules of civil procedure don’t create a distinction, there are really two types of motions to compel discovery. The first type of motion
