No paper towels, only legal paper

This may seem like a strange title for a post, but recently I received an email from South Carolina Court Administration indicating that Clerks of Court are having to reject pleadings at a higher rate due to an increase of non-conformance with Rule 10, SCRCP.

For new attorneys and self-represented litigants, it may be a good idea to review Rule 10 of the South Carolina Rules of Civil Procedure which governs Form of Pleadings.

Here is Section (a) of Rule 10. Please note the numbered arrows correspond with bracketed numbers in the text.

(a) Caption, Name of Parties. Every pleading shall contain a caption setting forth the name of the State [1] and County[1], the name of the Court[6], the title of the action[5], the file number [4]and a designation as in Rule 7(a). In the summons and complaint the title of the action shall include the names of all parties[2][3], but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

Note this entire portion is called the CAPTION.

Please note that there will not be a docket number [4] until the Clerk of Court assigns one. If you do not know your judicial circuit number, you can check the map here on the SC Courts’ website.

Now, let’s skip down to Section (d):

(d) Manner of Preparing Papers. Pleadings and other papers shall be on legal cap paper, eight and one-half by eleven inches in size. They shall be plainly written with adequate spacing between lines or typewritten with not less than one and one-half spacing between lines. Each page shall be numbered consecutively and pages shall be fastened at the top so as to read continuously. Papers in handwriting or typewriting must have a blank margin of an inch and one-half on the left. Plats, photographs, diagrams, documents, and other paper exhibits or copies thereof may be submitted in their actual size; but should be reduced if practicable to eight and one-half by eleven inches if such reduction does not impair legibility and clarity.

What’s of interest here is that even though it clearly states that PLEADINGS AND OTHER PAPERS SHALL BE ON LEGAL CAP PAPER (8 1/2 x 11), the Courts have been receiving pleadings written on paper towels, napkins and even envelopes. And according to Section (e), the Clerks can refuse to file pleadings or papers that are not prepared according to this rule.

Skip down to Section (e):

(e) Filing Refused. The clerk of the court shall not file any pleadings or other papers not prepared in accordance with this rule; except plats, photographs, diagrams, documents, and other paper exhibits as provided in paragraph 10(c).

Please read through the rules before filing documents and make sure you’re in compliance with the rules. If not, the result could be costly to litigants while slowing the efforts of judges to dispense justice.

And if you are a self-represented litigant and are not sure what to do, you may wish to consult an attorney to ensure that you are not giving up your legal rights.

-RFW

Filed under: 1, Court, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, attorney, blog, law librarians, legal aid, poverty, self-represented litigant , Caption, clerks of court, court administration, envelopes, Form of Pleadings, Name of Parties, napkins, new attorneys, paper towels, preparing papers, Rule 10 of the South Carolina Rules of Civil Procedure, Rule 10 SCRCP, self-represented litigants, www.sccourts.org

Elkins Family Law Task Force Recommendations Open for Comment

On October 2, 2009, the Elkins Family Law Task Force released its draft recommendations for ways to improve access to justice in the California Family Court system.

The public comment period is October 1, 2009, through December 4, 2009.

The draft recommendations and an online comment form are available at www.courtinfo.ca.gov/jc/tflists/elkins.htm.

In addition, the task force will hold two public hearings to receive in-person comments on the draft recommendations. The public hearings will be held on Thursday, October 22 in San Francisco, and on Tuesday, October 27 in Los Angeles. For information and to sign up to participate in the public hearings, go to www.courtinfo.ca.gov/jc/tflists/elkins.htm.

To learn more about the Task Force, view the FACT SHEET.

It’s evident from the List of Topics (below) that the Task Force worked hard to review the entire system:

1. Right to Present Live Testimony at Hearings
2. Expanding Legal Representation and Providing a Continuum of Legal Services
3. Caseflow Management
4. Providing Clear Guidance Through Rules of Court
5. Children’s Voices
6. Domestic Violence
7. Enhancing Safety
8. Contested Child Custody
9. Minor’s Counsel
10. Scheduling of Trials and Long-Cause Hearings
11. Litigant Education
12. Expanding Services to Assist Litigants in Resolving Their Cases
13. Streamlining Family Law Forms and Procedures
14. Enhancing Mechanisms to Handle Perjury
15. Standardize Default and Uncontested Process Statewide
16. Interpreters
17. Public Information and Outreach
18. Judicial Branch Education
19. Family Law Research Agenda
20. Court Facilities
21. Leadership, Accountability, and Resources

The SC Access to Justice Commission will continue to follow the project and update you as it develops.

-RFW

Filed under: 1, Civil Gideon, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, divorce, domestic violence, elderly, foster parents, indigent, law librarians, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , public hearings, California Courts, Elkins Family Law Task Force, Draft Recommendations, California Family Court system, Public Comment

LEP Case in Maryland

FOR IMMEDIATE RELEASE
Monday, October 5, 2009

FOR MORE INFORMATION, CONTACT:
Aeda Chung, Marketing Coordinator
202.393.3572 x 32; aeda.chung@apalrc.org
Nadia Firozvi, Staff Attorney
202.393.3572 x 23; nadia.firozvi@apalrc.org

Maryland Court of Appeals to Hear Oral Arguments Concerning Legal Rights of Limited English Proficient Litigants

(Annapolis, Maryland)  The highest state court of Maryland will hear oral arguments on Tuesday, October 6, 2009, concerning the legal rights of limited English proficient litigants.  The Asian Pacific American Legal Resource Center (Center), joined by CASA de Maryland and the Maryland Legal Aid Bureau, filed a friend-of-the-court brief in support of Ms. Nonceeya, a Thai speaking and limited English proficient immigrant, in the matter of Nonceeya v. Lone Star Steakhouse.  The Public Justice Center is acting as co-counsel in this appeal.The Center’s brief provided the necessary contextual information about the limited English proficient community and the Maryland judiciary’s responsibilities under the law as language barriers continue to prevent limited English proficient (LEP) litigants from accessing courts.

Ms. Nonceeya had worked at Lone Star Steakhouse for just over two years and filed a national-origin employment discrimination complaint against Lone Star’s managers and staff.  She filed this complaint in the Montgomery County Circuit Court against her former employer without the assistance of an attorney, and requested the assistance of an interpreter at all court proceedings, which was granted by the Circuit Court. Lone Star Steakhouse, however, failed to provide an interpreter during a deposition that lasted for three days in English. The deposition later served as a basis for the Circuit Court’s decision as the court granted Lone Star’s motion for summary judgment.

The Center urges the Court of Appeals to ensure access to justice for all Maryland residents, regardless of language ability.  The Center’s experience with advancing the legal and civil rights of hundreds of limited English proficient Asian immigrants underscores the need to provide interpretation in court proceedings.

The Asian Pacific American Legal Resource Center is the Capital Region’s nonprofit advocate advancing the legal and civil rights of Asian Pacific Americans through direct services, education, and advocacy.

The Asian Pacific American Legal Resource Center
D.C. Office      1600 K Street, NW, Mezzanine Level, Washington, D.C. 20006
♦ Helpline:  202.393.3572                     Fax: 202.393.0995

Main: Ext. 22
Chinese: Ext. 18
Hindi/Urdu: Ext. 19
Vietnamese: Ext. 20
Korean: Ext. 21

Maryland Office 11141 Georgia Avenue, Suite 215, Silver Spring, MD 20902

♦ Phone: 301.942.2223

APALRC: Ensuring Access to Justice for Asian Pacific Americans Since 1998
www.apalrc.org

Many Thanks to Claudia Johnson for pointing us to this!
-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, access to justice, access to justice blog, attorney, blog , Aeda Chung, APALRC, Asian Pacific American Legal Resource Center, CASA de Maryland, LEP, Lone Star Steakhouse, Maryland, Maryland Legal Aid Bureau, Montgomery County Circuit Court, Ms. Nonceeya, Public Justice Center, www.apalrc.org

220 years and counting . . .

Today in history . . .

September 25, 1789 - Amendments to the U.S. Constitution, known today as the Bill of Rights, were first proposed. It may be interesting to note that even back then, it took a little over two years (December 15, 1791) to ratify most of them.

If you are unsure how history holds relevance today, consider this sampling:

1st Amendment – Free Speech

2nd Amendment – Security of a Free State

5th Amendment – Pleading the Fifth (against self-incrimination)

6th Amendment - Gideon v. Wainwright (right to counsel)

10th Amendment – State sovereignty

Sometimes it helps to look back, just so we can look forward – with apologies to George Santayana

Thanks to our founding fathers for having the foresight to draft this important document.

-RFW

Filed under: 1, Civil Gideon, Court, First Amendment, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Readability, Right to Counsel, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, law librarians, law students , 10th Amendment, 1st Amendment, 2nd Amendment, 5th Amendment, 6th Amendment, amendments, Bill of Rights, December 15 1791, Free Speech, George Santayana, Gideon v. Wainwright, Pleading the Fifth, Right to Counsel, Security of a Free State, self-incrimination, September 25 1789, state sovereignty, US Constitution

SC Courts Website: Noteworthy!

In perusing the 2009 Edition of Future Trends published by the National Center for State Courts (NCSC), I saw that the South Carolina Courts website was featured prominently as an example of user-friendly design.

This is exciting because it highlights the SC Court’s interest in serving the general public and making information easy to find.  And the following Excerpt indicates why the site is so successful:

The South Carolina Judicial Department’s Web team compiled over
a year’s worth of e-mailed requests from court staff, the legal community,
and the public to help design the site’s e-mail notification system, through
which Web visitors can sign up to receive opinions, orders, rules, forms,
court news, and more.

The report also contains information about the rising number of self-represented litigants within the nation’s court system. While South Carolina has been working to address this area with our access to justice SRL efforts, SRLs are exponentially increasing their presence in the courts.

If you are interested in court trends in SC and around the USA, I would definitely recommend taking a few minutes to check out the recent NCSC report.

Special Thanks to technola for pointing us toward the report.

-RFW

Filed under: 1, Court, Law, Legal, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, blog, court innovation, poverty, self-represented litigant, technola , South Carolina, self-represented litigants, SRL, sc courts, www.sccourts.org, Winkie Clark, NCSC, National Center for State Courts, technola; 2009 Edition of Future Trends, South Carolina Courts website, user-friendly website

Friday Resource: SC Appleseed Legal Justice Center

Friday Resource - SC Appleseed Legal Justice Center

In South Carolina, when you think of poverty law and advocacy, you often think of  the SC Appleseed Legal Justice Center.

What you may not know is that SC Appleseed also publishes brochures, manuals and pamphlets for South Carolinians. Like the SCATJ Commission, SC Appleseed is a fan of PLAIN LANGUAGE and has some material available in Spanish (en español).

-RFW

Filed under: 1, IOLTA, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, legal aid, poverty, public interest attorney , en Español, Friday Resource, Plain Language, poverty law and advocacy, SC Appleseed Legal Justice Center, South Carolina, Viernes de Recursos

Answering FAQs: It’s Harder than You Think!

FAQ

The SC Access to Justice Commission has been working with the Clerk of Court Work Group to develop answers to Frequently Asked Questions or FAQs. These FAQs have taken considerably more time to complete than I had originally thought.

Why?

Because the Clerks, Court Administration and the Commission want to make certain that the information we provide to the public is

1. accurate,
2. complete, and
3. helpful.

In order to assure accuracy, we have reviewed the South Carolina Rules of Civil Procedure (SCRCP), the South Carolina Code as well as information provided by other states. Additionally, to ensure that the information is complete, we have researched case law and publications, such as “Service of Process in South Carolina” by John S. Nichols and published by the SC Bar.

One other factor that is extremely important to the Clerks, Court Administration and the Commission is that the information is provided in an easy-to-read format and that it is easily understandable. In other words, we want them to be written in PLAIN LANGUAGE.

This week the Commission is submitting the Questions and Answers to the Circuit Court and Family Court Advisory Committees where they will provide another level of scrutiny to ensure that the answers are accurate, complete and helpful.

When the FAQs with their model answers are complete, they will be available online. Be stay tuned for updates.

We’re looking forward to sharing the FAQs and answers with you!

-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, attorney, blog, court innovation, legal aid, self-represented litigant , Circuit Court Advisory Council, Clerk of Court Work Group, County Clerk of Court, court administration, Family Court Advisory Council, FAQs, Frequently Asked Questions, John S. Nichols, Plain Language, SC access to justice commission, SC Bar, SC Law, SCRCP, Service of Process in South Carolina, South Carolina Code, South Carolina Rules of Civil Procedure

Social Media, Social Media Access to Justice?

Did you take the 4 1/2 minutes to watch the video? If so, you’re one of the statistics who participate in Social Media. And if not, simply by stopping by the blog, you’ve become a statistic.

Do you blog?

Do you Twitter?

Do you have a Facebook account?

LinkedIn?

If you’re reading this entry, you have decided that online information (either resources or opinion) is of value to you. And that got me thinking – (wait . . .  here it comes . . .  I have a talent for stating the obvious):

THE INTERNET IS POWERFUL

It is easy and quick to exchange information. Sure, the video targets “marketers” but we “professionals” need to stay current too. While the marketer might use hashtags to hawk wares, the professional can use these same hashtags to educate about a specific idea.

And sometimes social media can even bring in customers, clients or people with legal questions. Each day the SC Access to Justice Commission receives more calls from people trying to navigate their way through the South Carolina civil legal system.

When I ask where they heard about the Commission? THE INTERNET.

Some may argue that most South Carolinians who live in poverty cannot afford the internet. And that may be true. But if I can reach just a few more people with an additional point of access aka the internet, shouldn’t I try?

And, if the video is telling/selling the truth, then more than likely the “new” generation will communicate via social media almost  to the exclusion of traditional media.

So, I’ll keep trying to stay “au courant” or Plain English “CURRENT” with the latest trends because the Commission’s purpose is to remove barriers to access within the civil legal system.

In the meantime, in addition to Twitter, Facebook, etc., I’ll keep my phone, fax and email address.

Feel free to contact me via SNAIL MAIL too. 

Snail Mail

 -RFW

Filed under: 1, Ask-A-Lawyer, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, access to justice, access to justice blog, attorney, blog, law librarians, law students, legal aid, poverty, public interest attorney, self-represented litigant , Plain English, social media, Social Media Access to Justice

Resource Friday/Viernes de recursos

Resource Friday/Viernes de Recursos

If you are a South Carolina parent under investigation by the SC Department of Social Services (SC DSS) for child abuse or neglect, it is likely that you have already received a copy of this informative booklet.

However, if you haven’t OR if you are a family member, other interested person OR law student interested in the process, then you may be interested to know that this information is available online in English AND in Spanish.

The information is written in Plain English (you know we’re a fan of that) and provides definitions, defines the investigative process including Initial Report and Investigation, Emergency Protective Custody,  The Probable Cause or 72-Hour Hearing,  Merits or Removal Hearing, Intervention Hearing, Permanency Planning Hearing, Termination of Parental Rights and offers tips for parents under investigation.

Para información en español:

• REPORTE E INVESTIGACIÓN INICIAL, 
• CUSTODIA PROTECTIVA DE EMERGENCIA, 
• LA AUDIENCIA DE CAUSA PROBABLE O LA AUDIENCIA DE 72 HORAS,
• AUDIENCIAS DE MÉRITOS O DE REMOCIÓN, 
• AUDIENCIA DE INTERVENCIÓN, 
• AUDIENCIA PARA LA PLANEACIÓN DE PERMANENCIA, y
• TERMINACIÓN DE LOS DERECHOS DE PATRIA POTESTAD.

And the information is current at least as of this writing.

Thanks to both SC Appleseed Legal Justice Center and the Children’s Law Center for pulling together this valuable information!

-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, USC School of Law, access to justice, access to justice blog, attorney, blog, children, court innovation, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , Audiencia de Intervencion, Audiencia Para La Planeacion de Permanencia, Audiencias de Meritos O de Remocion, Carolina Del Sur, child abuse, child neglect, Children's Law Center, Custodia Protectiva de Emergencia, Emergency Protective Custody, English, http://childlaw.sc.edu/, Initial Report and Investigation, Intervention Hearing, La Audiencia de Causa Probable O La Audiencia de 72 Horas, Merits or Removal Hearing, Permanency Planning Hearing, Report E Investigacion Inicial, Resource Friday, SC Department of Social Services, SC DSS, South Carolina, Spanish, Terminacion de Los Derechos de Patria Potestad, Termination of Parental Rights, The Probable Cause or 72-Hour Hearing, Viernes de Recursos

Plain English Guru: Ken Davis

A brief thanks to techno.la for pointing us to Kenneth W. Davis -

THANKS!

Once we clicked to his blog, we knew we’d found a gem: a Plain English Guru.

Sure, it’s not a legal writing blog. Ah, much more importanly, it’s a blog about writing. Writing for everyone.

And that’s something many of us attorneys push aside as we start writing. We write to impress the Court. We write to impress the Client. We write to impress anyone who may read our loquacious and eloquent documents.

In essence, as lawyers, we often forget to write  for someone, we write to impress the audience with our hard-earned and years of education. After all, we had to learn to write those Latin phrases in law school, right?

Writing with flourish may be fun and it may be exciting to search for words out of the brain’s recesses that house our grammar school vocabulary tests, but those are endeavors for us, the writers.

When we write for the reader, we should write clearly and with a end in sight – to get our idea across to the reader.

And Mr. Davis is the go-to-guy for plain writing.

-RFW

Filed under: 1, Court, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, President Franklin D. Roosevelt, Readability, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, court innovation, law librarians, law students, legal aid , Ken Davis, Kenneth W. Davis, Legal Writing, Plain English, Plain Language