Discovery
Discovery is available in every Family Court case through Rule 25, though attorneys previously had to request discovery. If you use an experienced attorney’s pleading blueprints, make sure that you update them to reflect this change.
It is common practice in some areas of South Carolina for attorneys to provide documents with an informal request in conversation, while in other areas they may first require a formal request. Learn and abide by the customs of the local area.
Common forms of Discovery in South Carolina Family Court actions are:
- Requests to Admit
- Production of Documents
- Interrogatories
- Deposition
Witnesses may be subpoenaed if there is a concern that a witness may not show up for court.
Be thoughtful in discovery requests. A generic request that has not been tailored to the circumstances and facts of the case is not in the best interest of the client and may not secure the optimal results.
Mental Health Records and Discovery
Mental health records are privileged and should be guarded against discovery requests. Victims of domestic violence often deal with trauma through counseling or therapy, but advise your client not to share news of their treatment with others while the case it ongoing. Informal conversations that are later brought into the case through witness testimony could strengthen the opposing party’s claim that there is good cause to force your client to submit medical and mental health records to discovery. S.C. Code § 19-11-95(D)(1) (2012).
(D) A provider shall reveal:
(1) confidences when required by statutory law or by court order for good cause shown to the extent that the patient’s care and treatment or the nature and extent of his mental illness or emotional condition are reasonably at issue in a proceeding; provided, however, confidences revealed shall not be used as evidence of grounds for divorce;
SC Code § 19‑11‑95 (D) (1)
You should object or motion to quash on relevance discovery requests for a client’s mental health records. Mental health records that are allowed into a civil family court matter may be used by a criminal defense attorney to impeach your client’s testimony in domestic violence prosecutions.