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John J. Bursch

John Bursch’s Answers

1 total

  • What procedural effect does the filing of a "petition for certiorari" have on the family court if filed in the supreme court?

    I have a matter on appeal and a seperate custody case going on. The issue on appeal has not been resolved and the merits hearing is right around the corner. substantial material prejudice can result if the merits hearing is held before the appeal ...

    John’s Answer

    It will depend on the rules of the South Carolina courts (I am not a South Carolina attorney), but in nearly every jurisdiction, the filing of a cert. petition in the United States Supreme Court will have no effect on lower court litigation unless you specifically move the lower court for a stay of proceedings pending the Supreme Court's ruling on the cert. petition.

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