Christian Stegmaier

Archive for December, 2009|Monthly archive page

Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet

In Uncategorized on December 31, 2009 at 1:47 pm

In conjunction with the development of the Family Court Case Management System and the Child Support Enforcement System, the Family Court Coversheet has been revised to improve statistical information and reporting in Family Court.  Click this link for more specifics regarding these important revisions:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=614

Supreme Court Receives Comments Regarding Proposed Criminal Rules

In Uncategorized on December 31, 2009 at 1:43 pm

The South Carolina Supreme Court has sought and received comments regarding proposed Criminal Rules.  Click here for a link to the comments the Court received:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=612

Supreme Court Receives Comments Regarding Proposed Changes to Rule 6, SCRCP

In Uncategorized on December 31, 2009 at 1:38 pm

On June 22, 2009, the South Carolina Bar petitioned the Supreme Court to consider amendments to Rule 6 of the South Carolina Rules of Civil Procedure.  Specifically, the petitioners sought the Court’s consideration to require counsel to file supporting memoranda along with motions and to file opposing supporting memoranda prior to hearing.  This change in the rule would make motions practice in state court concordant with how motions are handled in federal court.  Currently, there is no requirement to file memoranda and there is no requirement that if memoranda are filed, they be filed prior to hearing.  Often, counsel will appear at a hearing and provide his or her memorandum minutes/seconds before the judge takes up the motion.

Following receipt of this petition, the Supreme Court sought comments regarding the proposal to amend this rule.  Numerous members of the Bar responded.  These comments are compelling and interesting, both for and against the proposed changes.  On December 31, 2009, the Court reported to the public regarding the comments it received.  Click here for a link to these comments:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=613

Advance Sheets: December 21, 2009

In Uncategorized on December 29, 2009 at 1:16 am

Click this link for the newest orders and published decisions of the South Carolina Supreme Court and South Carolina Court of Appeals:

http://sccourts.org/opinions/advSheets/no552009.pdf

Supreme Court Issues Pronouncement re: Rule 608, SCACR

In Uncategorized on December 29, 2009 at 12:53 am

As reported by the Supreme Court on December 17, 2009:

In 2009, the South Carolina Bar submitted proposed amendments to Rule 608, SCACR.  The Court declined to amend the rule as requested by the Bar; however, the Court requested the South Carolina Access to Justice Commission study Rule 608 and determine whether amendments to the rule were necessary. 

The Access to Justice Commission formed a study group, which made numerous recommendations concerning amendments to Rule 608.  The Commission believes its proposed amendments will create a more equitable system of appointments.  After review, the Court has elected to adopt a number of the recommended amendments.  Specifically, the Court has redrawn the regional list from which attorneys may be selected to assist in handling appointments in other counties; reduced the number of appointments an attorney may be required to handle in an appointment year; raised the age exemption for attorneys to increase the pool of available lawyers; permitted lawyers to attend certain hearings by telephone or videoconference; and amended Rule 608(i) to require more detailed and specific reporting of the numbers and types of appointments by clerks of court to the Bar. 

The Court is mindful of the burden placed on some attorneys where appointments are required.  Therefore, the Court will continue to analyze and scrutinize appointments in the trial courts to determine whether further changes to the rule are necessary.  The Court believes strongly that the amendments to Rule 608(i), which require more detailed statistics concerning appointments, will aid the Court in determining whether further changes are necessary.   

Rule 608, SCACR, is amended as set forth in the attachment to this Order.  The changes are effective July 1, 2010, the start of the next reporting year. 

Click here for the complete order of the Supreme Court: http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=609

Supreme Court Issues New Directive Concerning Rule 412, SCACR

In Uncategorized on December 29, 2009 at 12:49 am

As reported by the Supreme Court on December 17, 2009:

The South Carolina Bar Foundation has proposed amending Rule 412, SCACR, which governs Interest on Lawyer Trust Accounts (IOLTA), to establish a more specific comparable interest rate rule for trust accounts governed by Rule 412.  Following a public hearing, the Bar Foundation and the South Carolina Bankers Association agreed to a number of amendments, including a benchmark rate within Rule 412(c)(2)(B).  The parties also agreed to a six month implementation period, so that financial institutions who choose to participate in IOLTA have sufficient time to implement changes to accounts and upgrade automated systems.     

We grant the Bar Foundation’s request to amend Rule 412, SCACR, as set forth in the attachment to this Order.  The amendments shall be effective June 15, 2010.   

Click here for the amended Rule 412, SCACR:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=608

Court of Appeals: Roster of Cases for Hearing – January 2010

In Uncategorized on December 29, 2009 at 12:39 am

Follow this link for a roster of cases set for argument before the South Carolina Court of Appeals in January 2010:

http://sccourts.org/appeals/dspCOARosterMenu.cfm?CurrentDate=01/28/2010

Supreme Court: Roster of Cases for Hearing – January 2010

In Uncategorized on December 29, 2009 at 12:35 am

Follow this link for a roster of cases set for argument before the South Carolina Supreme Court in January 2010:

http://sccourts.org/supreme/dspSupRosterMenu.cfm?CurrentDate=01/28/2010

New to the Internet: South Carolina Appellate Lawyer

In Uncategorized on December 29, 2009 at 12:13 am

Introducing South Carolina Appellate Lawyer, a new blog by Christian Stegmaier. Stegmaier is an appellate lawyer in Columbia with an active practice before the South Carolina Supreme Court and Court of Appeals. Check back here often for entries concerning new opinions from our appellate entities, updates regarding changes to the South Carolina Appellate Court Rules, and observations relating to best practices for appellate case handling.

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