Procedure Update: New Requirements for Temporary Hearings

On November 21, 2012, the Chief Justice of the South Carolina Supreme Court issued an Administrative Order outlining new requirements for hearings on Motions for Temporary Relief. A copy of the Order can be found here.

These changes include a requirement that such hearings be scheduled within 4 weeks of a request. They also include limitations on the amount of time for each hearing, as well as the number of pages of evidence that can be submitted by each party.

Further, while each party has been required to file a completed Financial Declaration in accordance with SCRFC Rule 20 for some time, additional forms (Background Information Form and Proposed Parenting Plan, if custody/visitation is at issue) are also now required.

It is important that your attorney is familiar with these changes, as failure to comply with the Order may have adverse consequences for you in court.

Have you been served with notice of a temporary hearing? Don't try to go it alone!

Call (843) 488-2110 to schedule a consultation.

Notice of a Temporary Hearing: How much is enough?

One of the most common hearings in South Carolina Family Court is a hearing on a Motion for Temporary Relief.  These motions (and related hearings) are intended to establish how things will be while the case is open but before a final conclusion is reached.  Many lawyers automatically file these motions at the same time that the Summons and Complaint (which begin the case) are filed.

Generally, written motions and notice of such hearing dates must be served on the opposing party no later than 10 days before the hearing, according to South Carolina Rule of Civil Procedure 6(d).  Motions for Temporary Relief in Family Court are excepted from this Rule, however, in favor of Family Court Rule 21.

Rule 21(a), SCFCR requires that the written motion for temporary relief and notice of the hearing on the motion must be served at least five days before the hearing.

I have had many potential clients tell me that they were served late in the week for a temporary hearing being held the following Monday.  This is not sufficient notice of the hearing.

But why?  If the rule requires 5 days notice, how is service on Wednesday not sufficient for a hearing on the following Monday?

Because of Rule 6(a), SCRCP, which says: "When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, or holidays shall be excluded in the computation."

So, to use the previous example, if a person is served with notice of the hearing on Wednesday, he or she has less than 5 days notice of the Monday hearing -- because Saturday and Sunday do not count.  Really, to give proper notice of the hearing in accordance with SCRCP 6(a), it is necessary to give notice a full 7 calendar days before the hearing.

Do you need help preparing for a temporary hearing in South Carolina Family Court?
If so, call (843) 488-2110 or send a message through our Contact Form.