Archive for the ‘Practice Pointers’ Category

October 23rd, 2015

Clarendon County E-Filing Starts December 9, 2015

by Kathleen Barnes in Practice Pointers, Pre-Trial

Starting December 9, 2015, Clarendon County will host the first e-filing pilot program for the Court of Common Pleas.  As of December 9, all filings in civil cases, commenced or pending, in Clarendon County must be electronically filed.  This does not apply to a pro se litigant. In January, I wrote about an e-filing system […]

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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 […]

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August 26th, 2015

Email is “written notice” under Rule 203(b)(1), SCACR

by Kathleen Barnes in Appellate Procedure, Practice Pointers

On August 26, 2015, the Court of Appeals issued an Order finding that an email with an attached copy of the filed order triggered the thirty-day time period to serve a notice of appeal under Rule 203(b)(1), SCACR. Wells Fargo Bank, N.A. v. Fallon Props. S.C., LLC, Order No. 2015-08-26-01.  Rule 203(b)(1) requires an appellant […]

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August 14th, 2015

Appealability Step One: What is the Effect of this Order?

One of the first things an appellate court looks for when considering an appeal is whether the issues raised are appealable.  If an issue is not appealable, the court does not have jurisdiction to hear the case.  How do you determine is an issue is appealable?  Section 14-3-330 of the South Carolina Code governs the […]

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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 […]

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