Be careful what your client vouches for
August 12, 2011
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,
August 10, 2011
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
August 10, 2011
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
August 5, 2011
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
July 29, 2011
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
June 29, 2011
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
May 26, 2011
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
“Shotgunning” motions to compel discovery
May 6, 2011
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
