Posts Tagged ‘Motions for Temporary Relief’

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 [...]

Emergency hearings versus expedited hearings

Unlike a number of my family law brethren, I seek few emergency hearings; unlike almost all of my family law brethren, I seek many expedited hearings.  My colleagues often fail to see a distinction (“you requested an emergency hearing for that!” is a frequent response when they are confronted with my request for an expedited [...]

Does procedural due process mandate testimony at family court temporary hearings in South Carolina?

Our Supreme Court is confused and conflicted on testimony at family court temporary hearings.  Rule 21(b), SCRFC (a rule promulgated by the Supreme Court) states, “ [e]vidence received by the court at temporary hearings shall be confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court why additional evidence or testimony may [...]