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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
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Experience:  JD, MBA
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I am due in court on the 28th to establish our final visitation

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I am due in court on the 28th to establish our final visitation agreement. Instead of calling it a hearing, they are calling it a trial. What is the difference between the two? Do I have to submit discovery questions?
In the past, my ex's attorney just hands me his paperwork and I hand him mine. Will this continue to be the way we exchange our paperwork?

We will be in family court here in South Carolina.

Submitted: 3 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

A hearing is generally for the purpose of making legal arguments, while a trial is for the purpose of determining facts. Since it's a trial, it's possible that your ex will have witnesses or other types of evidence to present to the judge to support whatever arguments he's making.

You would have to respond to discovery requests if they were served on you in a timely manner.

With regard to how paperwork is exchanged, that's between you and your ex's lawyer. If you two want to continue doing that, then it is certainly allowed. The judge isn't going to force you two to abandon that practice. however, the law also allows for mailing paperwork, so if your ex's lawyer prefers to do that from now on, then he has that right.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 3 years ago.
If I understand you correctly, if the pattern has been set of just exchanging our paperwork right before the judge walks in, this is ok.
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

It's not a matter of a pattern ... it's a matter of whether you and the attorney consent to exchange paperwork in that way. If you both consent, then it's no problem. The judge isn't going to tell you not to do it.
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