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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  • Michele Patrao Forsythe

    Helpful to have all the Rules in one place! I have printed and placed in a folder! What about Replies to a Motion? When you are asking that relief be denied and then asking for additional relief of your own, are you bound by Rule 11?

  • Charles M. Dulaney

    Greg, I wanted to say thanks for the time you spend blogging. The posts demonstrate your dedication to excellence in your practice. I know I will be browsing the archives here for answers as I develop my practice. Your willingness to share your experience freely is a credit to the bar. Keep it up!

  • Linda

    You may want to add that for the 13th Judicial Circuit (Pickens & Greenville), there are additional “local” rules for MTRs that limit us to 8 pages of affidavits or special permission has to be requested from the Administrative Judge for the hearing to be set for 30 minutes. Surprising to me, very rarely is the 30 minutes requested yet it’s a huge struggle to limit the affidavits to 8 pages especially when everything is contested.

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