South Carolina Contempt Law, 2nd Edition Out of Stock

©2011

 

The power of contempt is essential to the preservation of order in judicial proceedings and to the enforcement of judgments, orders and rules. The power is therefore not confined but inherent in all courts and necessary to the due and proper administration of justice. State v. Passmore, 363 SC 568, 611 S.E.2d 273 (S.C. App. 2005).

 

Fully updated since publication of the first edition, South Carolina Contempt Law, Second Edition is about the concepts relative to contempt. This helpful monograph sets out what should be understood to properly represent a client alleging or defending against contempt arising out of the violation of a court order or inappropriate conduct toward the court itself.

 

New for the Second Edition, Judge Brown has included a fully automated electronic version of the book with hypertext links to all case law, opinions, rules and statutes cited in the book. Your purchase  will include a downloadable copy of the book.

 

Summary of Contents:
" Contempt Defined
" Why the Court Has the Power of Contempt
" Basis for Issuing a Rule
" Service of Process of the Rule (Indirect Contempt)
" Venue
" Minimum Amount of Time between Notice and Trial
" Pleading
" Res Judicata/Estoppel
" The Elements of Contempt
" Judicial Notice
" Burden of Persuasion
" Categories of Contempt
o Civil Contempt
o Criminal Contempt
o Direct/Summary Contempt
o Indirect (Constructive) Contempt
" Defense Considerations
o Order Invalid, Not Correct or Without Jurisdiction
o Order on Appeal
o Unable to Comply; Not Willfully, Voluntarily or Intentionally Done; Inability to Do What Ordered After Sentenced
o Ignorance
o The Act is a Crime not Contempt
o Sanctions Not Necessary
o Laches/Timeliness/Equitable Estoppel
o Elements Not Sufficiently Established
o No Judgment, Order, Rule or Regulation
o Civil Contractual Debt
o Sufficient Facts Not Clearly or Specifically Shown
o Facts/Findings Not Specific Enough Nor Made in Open Court
o Not Plead
o No Indirect Contempt Because Case is Over and No Order Issued
o Only a Strenuous Argument
o Estimated Trial Time
o Underlying Order Not Clear or Definite
o Order May Be Construed Consistent with Innocence
o Evidentiary Hearing Required
o Good Faith
o Status Offense
o Contempt of Court; Offenders Shall Be Heard
" Removal, Suspension or Imprisonment of Attorney for Contempt or Disorderly Conduct
" Remedies
o Attorney Fees
o Compensatory Contempt/Damages
o Jail/Incarceration/Fines/Cost/Public Works
" Effect of Compliance
" Appeals
" Recommended General Procedure for the Complaining Party