Beginning with cases filed on and after October 1, 2025, South Carolina Family Court began handling temporary hearings under a new set of procedural rules. These changes are designed to create a more transparent and orderly process—particularly for the responding party—by ensuring both sides have advance notice of the issues and evidence before the hearing.
In the past, it was not uncommon for a party to receive little more than notice that a hearing would occur within days, only to be handed a stack of paperwork – comprised of affidavits and exhibits – moments before appearing in court. Under the new rule, that approach is no longer permitted.
Key Changes and Deadlines to Know
The new rule establishes several important timing requirements:
- Hearing Scheduling: Once a temporary hearing is requested, the court will schedule it between 21 and 45 days from the date of the request.
- Service of Motion: The moving party must serve the motion and notice of the temporary hearing at least 20 days before the hearing date.
- Response Deadline: The responding party must file and serve their response—and any requests of their own—no later than 10 days before the hearing.
- Evidence Submission: All written evidence and supporting documentation must be filed and served at least 5 days before the hearing.
- Day-of-Hearing Affidavits: On the day of the hearing, either party may file affidavits that respond to affidavits or documentation previously served.
Acting Quickly Matters
Because this rule is new, it will take time for courts, attorneys, and litigants to fully adjust. What is already clear, however, is that timing is more important than ever. If you are served with notice of a temporary hearing, delaying action could jeopardize your ability to meet these deadlines and present your strongest case.
Seeking legal representation as early as possible allows your attorney to prepare responses, gather evidence, and ensure compliance with the new procedural requirements—helping you approach your temporary hearing informed and prepared.
If you or somebody you know would like to learn more about family law matters in South Carolina, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina and South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
