Posts Tagged ‘Motions for Temporary Relief’

Should there be automatic de novo review of temporary custody and support orders?

I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process.  This is because allowing such hearings to proceed on affidavits alone–and affidavits that do not have to be exchanged until the temporary hearing–do not allow parties to prepare to defend the allegations or confront the witnesses against them. The November […]

Seeking procedural relief before seeking substantive temporary relief

My colleagues frequently recount war stories in which their attempts to obtain substantive relief on a temporary basis early in the case failed while subsequent discovery uncovered evidence that might have led to a different temporary result.  By then it is typically difficult if not impossible to obtain the requested relief until trial (or to […]

Is South Carolina family court the only place where attorneys negotiate with the expectation that judges won’t follow the law?

I negotiated the resolution of a motion for temporary relief at the courthouse on Friday.  On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not […]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement.  Yet I know of two good reasons (there may be others) to file […]

The attorneys or clients who cry wolf

In Aesop’s fable of “The Boy Who Cried Wolf” a shepherd boy entertains himself by repeatedly pretending a wolf is attacking his sheep.  Each time the villagers come running to assist him only to discovery it’s a false alarm.  Eventually the boy suffers consequences when a real wolf comes and the villagers, thinking it’s another […]

New Frequently Asked Questions

The ability to easily add pages to my web site combined with the increasing understanding that many clients and potential clients ask me similar questions that cannot easily be explained orally and can best be convincingly explained in writing and with hypertext links has inspired a flurry of Frequently Asked Question drafting.  Basically, when I […]

New Frequently Asked Question on Family Court Temporary Hearings

Realizing I have never adequately explained in writing what happens at a family court temporary hearing, and realizing that I shouldn’t expect my clients to understand without a thorough explanation either, I drafted the following frequently asked question for use of my clients and my colleagues’ clients:  What Happens at Family Court Temporary Hearings?

Rule 11 affirmations for family court motions

A colleague of mine has asked me to blog on when a Rule 11 affirmation is required for a family court motion.  The requirement for such affirmations is set forth in South Carolina Rule of Civil Procedure 11(a): All motions filed shall contain an affirmation that the movant’s counsel prior to filing the motion has […]