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
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| 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
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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.”)
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Yes. Rule 11, SCRCP | No. Rule 21(a), SCRFC |
| Supporting affidavits served with motion
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Yes. Rule 6(d), SCRCP | No. Rule 21(c), SCRFC |
| Description of relief or order sought
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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 |
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?
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!
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.