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Procedural differences between temporary motions and other motions in South Carolina Family Court

Another post for my mentees.  And I defy anyone to show me a motion for temporary relief filed in the South Carolina Family Court that “[s]tate[s] with particularity the grounds therefor.”

Issue Non Temporary Relief Motion Temporary Relief Motion


Notice (Include language “Notice of Motion” in caption if motion hearing is scheduled within the motion).  Include space for date of motion if seeking a motion hearing


10 days but can be shortened. Rule 6(d), SCRCP 5 days (business days) but can be shortened. Rule 21(a), SCRFC
Certification generally required (“The undersigned counsel affirms that prior to filing this motion he communicated orally or in writing with opposing counsel to resolve the matter contained in the motion or that consultation would serve no useful purpose or that consultation could not timely be held.”)


Yes. Rule 11, SCRCP No. Rule 21(a), SCRFC
Supporting affidavits served with motion


Yes. Rule 6(d), SCRCP No. Rule 21(c), SCRFC
Description of relief or order sought


Required.  Rule 7 (b)(1), SCRCP Required. Rule 21, SCRFCdoes not waive this requirement
State with particularity the grounds therefor Required.  Rule 7 (b)(1), SCRCP Required. Rule 21, SCRFCdoes not waive this requirement

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