Archive for the ‘Motions’ Category

October 22nd, 2015

Civil Motions Pilot Program – Changing Civil Motions Practice in South Carolina

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

On September 10, 2015, the Supreme Court issued an order instituting new, mandatory procedures for civil motions practice in the Third and Fifteenth Judicial Circuits.  The “Civil Motions Pilot Program” is likely to expand statewide.  This post discusses the mechanics of civil motions practice under the program. The program operates similar to federal motions practice—requiring […]

Continue Reading →
May 12th, 2015

“You’re protected on the record” Isn’t Enough Protection

Issue preservation, an unrelenting thorn in the side of many attorneys.  When do I object?  How specifically do I object?  Do I proffer evidence?  A trial attorney often grapples with whether to ask the court to clarify a ruling or whether to continue objecting to evidence after he or she believes the court ruled on […]

Continue Reading →
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 […]

Continue Reading →