court rules

Question 1

what is Pendente lite relief

Answer 1

temporary measures or orders made by a court to address urgent needs or issues in a case while it is pending

Question 2

who has the discretion to award temporary relief

Answer 2

trial judge

Question 3

when should temporary relief aka pendente lite be granted

Answer 3

Should be granted upon prima facie showing of probable cause for divorce/separation

Question 4

what should happen when a family court does not rule on an issue presented to it

Answer 4

the issue must be raised by a posttrial motion to be preserved for appeal.

Question 5

What authority does an appellate court have on appeal from a family court order?

Answer 5

An appellate court has authority to correct errors of law and find facts in accordance with its own view of the preponderance of the evidence.

Question 6

Why should the family court’s findings be given broad discretion?

Answer 6

The family court is in a superior position to judge the witnesses’ demeanor and veracity.

Question 7

What may the appellate court do when the evidence is disputed?

Answer 7

The appellate court may adhere to the family court’s findings.

Question 8

What must an appellant do if a trial court fails to address a specific argument?

Answer 8

The appellant must make a motion to alter or amend pursuant to S.C. R. Civ. P. 59(e) to obtain a ruling on the argument.

Question 9

What happens if an appellant does not raise an issue at trial or through a Rule 59(e) motion?

Answer 9

The issue is not preserved for appellate review.

Question 10

Do parties need to use the exact name of a legal doctrine to preserve it?

Answer 10

No, a party need not use the exact name of a legal doctrine to preserve it.

Question 11

What must be clear for a legal argument to be preserved?

Answer 11

It must be clear that the argument has been presented on that ground.

Question 12

when should condonation be plead

Answer 12

Condonation is an affirmative defense that must be pleaded.

Question 13

Can the issue of condonation be raised in a divorce proceeding?

Answer 13

Yes, the issue of condonation may be raised for the first time on appeal.

Question 14

What does the Clerk of court keep regarding domestic relation actions?

Answer 14

The Clerk of court keeps a File Book relating to domestic relation actions in Family Court (FC), which includes all proceedings of a domestic relations nature instituted in FC for that county.

Question 15

Is there a separate file book for juvenile actions?

Answer 15

Yes, there is a separate file book for juvenile actions.

Question 16

What does the Clerk of court maintain in addition to the File Book?

Answer 16

The Clerk of court also maintains the FC motion calendar in a form prescribed by the office of the SC court administration.

Question 17

When can an action in the File Book be dismissed or marked ended?

Answer 17

No action in the File Book should be dismissed, marked ended, or stricken from the book until certain conditions are met.

Question 18

What is the first condition for dismissing an action in the File Book?

Answer 18

The first condition is that the plaintiff (Π) files and serves notice of dismissal or stipulation of dismissal.

Question 19

What is the second condition for dismissing an action in the File Book?

Answer 19

The second condition is that counsel in the action prepares and files an order signed by the appropriate judge and bearing written consent of all interested parties showing that the action has been ended.

Question 20

What is the third condition for dismissing an action in the File Book?

Answer 20

The third condition is that a dismissal is ordered by the court.

Question 21

what are the five docs/statements that are admissible w/out requirng people issuing the statment or doc to be in court

Answer 21

o Written statement of child’s school attendance signed by school principal or duly authorized school official
o School report card showing child’s attendance records, grades, and other pertinent info if report is sent out at periodic intervals by school
o Written statement by physician showing patient was treated at certain times and type of ailment
o Written report of DSS/other agency reporting home investigation or other report required by court UNLESS agency is a party
o Written statement of employer showing wages (weekly/monthly) for a given time, W-2, income tax returns, and other similar reports

Question 22

does fam court have jury trials

Answer 22

no

Question 24

What may the family court do in marital litigation in terms of a party pleading the 5th

Answer 24

The family court may draw an adverse inference against a party who asserts the 5th amendment privilege against self-incrimination.

Question 25

What happens if a party refuses to answer questions about alleged adultery?

Answer 25

The court may draw an adverse inference if the party refuses to answer questions about the witness’ alleged adultery.

Question 26

Can the court draw adverse inferences even without immunity?

Answer 26

Yes, the court may draw adverse inferences even if immunity has not been granted.

Question 27

What is the limitation of a S.C. App. Ct. R. 59(e) motion?

Answer 27

A party cannot use a S.C. App. Ct. R. 59(e) motion to present an issue to the appellate court that could have been raised prior to judgment, but was not.

Question 28

What is the Supreme Court of South Carolina's authority regarding family court findings?

Answer 28

The Supreme Court of South Carolina has the constitutional authority for de novo review.

Question 29

What is required of an appellant in relation to family court findings?

Answer 29

An appellant is not relieved of his burden to demonstrate error in the family court's findings of fact.

Question 30

Under what condition will the family court's factual findings be affirmed?

Answer 30

The family court's factual findings will be affirmed unless the appellant satisfies the Court that the preponderance of the evidence is against the finding of the family court.

Question 31

when will a court enforce agreements

Answer 31

only when they are court ordered agreemetns; wont touch agreemnets btween parties made outside the court

Question 32

what happens when a non-custodial person fails to comply w visitation orders/fails to return the child

Answer 32

the non custodial person may ask the family court for a hearing t o determine if they should be held in contempt or if the visitation should be modified

Question 33

what happens if GAL is repped by atty

Answer 33

court in its discretion may assess reasonable attorneys’ fees and costs

Question 35

When is a current financial declaration required?

Answer 35

In any action where the financial condition of a party is relevant or at issue.

Question 36

What form must the financial declaration be in an action where the finical condition of a party is at issue

Answer 36

It must be in the form prescribed by the supreme court.

Question 37

When must the financial declaration be filed and served in an action where the finical condition of a party is at issue

Answer 37

Prior to the first hearing or no later than 45 days after the complaint is served, whichever occurs first.

Question 38

What is the deadline for serving a written motion for temporary relief and notice of hearing?

Answer 38

It shall be served no later than 5 days before the time specified for the hearing unless a different time period is fixed by the court.

Question 39

What types of evidence are confined to in a motion for tempory releif

Answer 39

Evidence is confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court for why additional evidence may be necessary.

Question 40

What is the general rule regarding children in the courtroom during parents' testimony?

Answer 40

Children should not be allowed in the courtroom during testimony of parents against each other or where the conduct of either parent is at issue.

Question 41

Under what circumstances can children be offered as witnesses regarding parental misconduct?

Answer 41

Children should not be offered as witnesses to misconduct of either parent except when, in the court’s discretion, it’s essential to establish facts alleged.

Question 42

when can releif be granted w/out a hearing (2)

Answer 42

uncontested divorces based on one years seperation consent of parties

Question 43

under what condtions can a divorce based on one year seperation be granted without a hearing

Answer 43

1. if relief is limited to divorce and related name change 2. the parties sumbmite affdiavit and corrobrating witnesses that include jursidictin/venue/date of marriage and seperaion, and that reconcialtion was impossible

Question 44

when should the judge recuse himself

Answer 44

proceeding in which impartiality might be reasonably questioned, including but not limited to instances where he has personal bias or prejudice against a party

Question 45

what factors should be considered to decide if documents should be sealed (7)

Answer 45

(1) the need to ensure a fair trial; (2) the need for witness cooperation; (3) the reliance of the parties upon expectations of confidentiality; (4) the public or professional significance of the lawsuit; (5) the perceived harm to the parties from disclosure; (6) why alternatives other than sealing the documents are not available to protect legitimate private interests as identified by this Rule; and (7) why the public interest, including, but not limited to, the public health and safety, is best served by sealing the documents.

Question 46

what factors go into whether a settelment agreement should be sealed 4

Answer 46

1) the public or professional significance of the lawsuit; (2) the perceived harm to the parties from disclosure: (3) why alternatives other than sealing the documents are not available to protect legitimate private interests as identified by this Rule; and, (4) why the public interest, including, but not limited to, the public health and safety, is best served by sealing the documents.