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Winning on the Rules, not the Facts

Winning on the Rules, not the Facts

Winning on the Rules, not the Facts

Chief Justice Toal issued an Order on November 21, 2012, changing significantly the procedure for Temporary Hearings in South Carolina Family Courts. We are approaching the one year anniversary of this Order.

I have prevailed on numerous occasions in court, in part, because of counsel’s failure to comply with the Order.

The Order requires the limitation of pages of affidavits, and the delivery of a few completed proscribed forms. Initially, I admit I saw these forms as just another layer of paperwork that did not move the ball forward. My initial impression was wrong. These forms provide a method for a prompt, uniform delivery of information to Family Court judges, yet even as late as the past 5 business days I have successfully gutted opposing counsel’s case based in part on their failure to comply with the Order.

Theoretically, and with some judges practically, failure to comply with this Order will prevent the facts from ever being considered. With your children, finances, credit worthiness, and sanity on the line that can be controlled by Temporary Orders, they deserve to be addressed by facts, not delayed or put to the side by failure to comply with Rules. Be prepared when you walk into Family Court of South Carolina.

Before you go to court, consider if you are prepared to comply with this Order. If I am opposing counsel in your case, know that I will call you on this Order and the Rules of Court.
To review this Order follow the link below.

https://sccourts.org/courtOrders/displayOrder.cfm?orderNo=2012-11-21-04

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