Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)
December 11, 2015
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
The two types of motions to compel discovery
March 30, 2014
Although the rules of civil procedure don’t differentiate them, there are really two distinct types of motions to compel discovery: one addressing the untimeliness of
How to help a family court litigant who failed to show up for trial
August 1, 2013
A couple times each year I will get contacted by a family law litigant who failed to show up for trial and wants to appeal
When can a family law attorney be required to pay the other party’s fees?
July 25, 2013
A few weeks ago one of my mentees inquired whether there were circumstances in which an attorney could be required to pay the other party’s
Seeking protective orders for private investigator information
July 19, 2013
Since adultery is often a bar to alimony in South Carolina, family law attorneys here frequently employ private investigators (PIs). However, even when such PIs
Objecting to discovery that you sought yourself
December 5, 2012
I often see attorneys object to discovery requests when those same attorneys request the same discovery. There are potential ethical violations and tactical problems in
November 27, 2012
Before 2004, when SCRCP 3(a), was revised, it was strategically advantageous to serve a family court complaint as soon as it was filed. This was
Does South Carolina Rule of Civil Procedure 6(d) violate due process?
November 13, 2012
I recently defended a motion in which the timing of the submitted affidavits has me considering whether South Carolina Rule of Civil Procedure 6(d) violates due
