Author Archive

April 6th, 2015

Settlement on Appeal

Settling a case on appeal may involve any one of numerous filings with the court, depending on the stage of the appeal.  This post discusses the most common filings. Abeyance The parties may file a motion to hold an appeal in abeyance while negotiating and finalizing a settlement.  An abeyance stays the appeal rather than […]

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March 16th, 2015

Writing Proposed Orders with Appeal in Mind

by Kathleen Barnes in Practice Pointers

It is common in South Carolina state court for a judge to request one or both parties to submit a proposed order on a motion or bench trial.  Included in this post are several ideas for drafting an order to withstand a challenge on appeal.  Below is a list of suggested sections of a proposed […]

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January 26th, 2015

South Carolina E-Filing is Coming to a County Near You

by Kathleen Barnes in Practice Pointers

One of the seminars at the 2015 South Carolina Bar Convention addressed the upcoming introduction of e-filing in South Carolina state courts.  It will not be fully implemented this year, maybe not even next year, but it is coming. What do we know about e-filing? Greenville and Clarendon counties will host the e-filing pilot program.  […]

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January 12th, 2015

Depositions for Appeal

by Kathleen Barnes in Discovery, Practice Pointers, Pre-Trial

In today’s legal environment, we often hear the term “deposition lawyer” in reference to the decline in civil trials and the rise of settlements and pretrial disposition of cases on motions for summary judgment. The importance of depositions continues to increase for use in supporting and opposing dispositive pretrial motions. This raises numerous questions related […]

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December 30th, 2014

Privacy in South Carolina’s Trial and Appellate Courts Duty to Redact Personal Identifying Information from Court Filings

by Kathleen Barnes in Appellate Procedure, Brief Writing

Big data. We hear that term almost every day and regularly read about data breaches and the resulting dangers of identity theft. As our state court system is placing more filed court documents online via the Appellate Case Management System, attorneys contribute to the generation of big data. As a result, the Supreme Court issued […]

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