Posts Tagged ‘Motions for Temporary Relief’

New Frequently Asked Question: “What’s the difference between a family court temporary order and final order?

In 2006, after the Supreme Court changed the family court administrative rules from the 270 day rule (after 270 days from filing, unresolved family court cases were struck from the active roster but the temporary orders remained in effect) to the 365 day rule (after 365 days from filing, unresolved family court cases were dismissed […]

Was it a mistake to prevent immediate appellate review of temporary family court orders?

It is extremely difficult to get family court temporary orders modified merely upon a claim that the order issued was unfair, based upon inaccurate information, or poorly reasoned.  Some (most?) family court judges will not reconsider their temporary orders.  They accurately note that Rule 59, SCRCP, which allows the court to alter or amend judgments, […]

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 […]

 

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