Timely Service and Filing of Evidence
A successful temporary hearing strategy begins with strict adherence to deadlines. Under Rule 21(f)(2), SCRFC, all written evidence, including supporting documents, must be served and filed no later than five days before the date of the scheduled temporary hearing Rule 21, SCRFC. The only exception is at the hearing itself, where a party may serve and file reply affidavits responding directly to the opposing party's evidence, alongside additional detail supporting a request for attorney's fees and costs Rule 21, SCRFC.
Compliance with Evidentiary Constraints and Page Limits
Temporary hearings are summary in nature. Under Rule 21(f)(1), evidence is strictly confined to affidavits, financial declarations, and statutorily-required documents (such as proposed parenting plans), though a judge retains discretion to consider the pleadings, motion, and return Rule 21, SCRFC. While a judge may permit additional live testimony or evidence for good cause, hearings are generally decided on the papers; an arbitrary refusal to hear necessary testimony when requested can, however, constitute reversible error Rule 21, SCRFC, Elvis v. Elvis, 272 S.C. 413.
All submitted evidence must strictly comply with the South Carolina Rules of Evidence Rule 21, SCRFC. Because of this, a critical strategy is maximizing the permitted volume of written evidence within the following mandatory limits:
- Fifteen-Minute Hearings: Each party is limited to ten pages of affidavits Rule 21, SCRFC.
- Thirty-Minute Hearings: Each party is limited to twenty pages of affidavits Rule 21, SCRFC.
- Exceeded Time Requests: If a party requests more than thirty minutes, they must provide an explanation supporting the requested time and the request to exceed page limits, which must be approved by the chief administrative judge Rule 21, SCRFC.
- Exclusions from Page Limits: The affidavit page limits explicitly exclude proposed parenting plans, financial declarations, and attorney's fee affidavits Rule 21, SCRFC.
- Exhibits and Verification: Affidavits may refer to external documents. If attached as exhibits, the total number of exhibit pages must not exceed thirty pages, which do not count toward the affidavit page limits Rule 21, SCRFC. Under Rule 21(f)(4)(E), if a document is referenced but not attached as an exhibit, it must be served on the opposing party with the affidavit and must be physically available in the courtroom during the hearing Rule 21, SCRFC. Voluminous documents must be summarized pursuant to Rule 1006 of the South Carolina Rules of Evidence Rule 21, SCRFC.
Substantive Alignment with Statutory Factors
Winning temporary relief requires aligning the limited written evidence with the specific legal standards the court must apply:
- Contested Custody: Under S.C. Code Ann. § 63-15-220(A), each parent must prepare, file, and submit a parenting plan (or joint plan) reflecting parental preferences, parenting time allocation, and major decision-making S.C. Code Ann. § 63-15-220. The court must consider these plans before issuing a temporary custody order S.C. Code Ann. § 63-15-220. Evidence in the affidavits must directly address the child's "best interest" by targeting the statutory factors under S.C. Code Ann. § 63-15-240(B), such as the child's developmental needs, parental capacity, historical parent-child interactions, stability of the residences, and any domestic violence or disparagement S.C. Code Ann. § 63-15-240.
- Temporary Alimony and Support: For pendente lite support requests, affidavits and financial declarations must address the relevant statutory factors under S.C. Code Ann. § 20-3-130(C), focusing heavily on the standard of living established during the marriage, the parties' current and anticipated earnings and expenses, employment histories, and earning capacities Davis v. Davis, 372 S.C. 64.
- Suit Money and Attorney's Fees: Pursuant to S.C. Code Ann. § 63-3-530(38), the family court is authorized to award temporary suit money and attorney's fees pendente lite if the underlying claim appears well-founded S.C. Code Ann. § 63-3-530. Applications must be supported by an attorney's fee affidavit Rule 21, SCRFC.
Pre-Hearing Resolution and Procedural Safeguards
Secondary authorities suggest that attorneys representing parties at temporary hearings are strongly encouraged to consult with one another prior to the hearing to attempt to resolve issues on a temporary basis . When drafting temporary agreements or presenting arguments, practitioners must remain aware that temporary hearings are not de facto final hearings Buist v. Buist, 399 S.C. 110. Under South Carolina law, temporary orders must be issued without prejudice to the rights of the parties at the final hearing; a temporary award does not carry precedential value for the merits hearing Buist v. Buist, 399 S.C. 110.
Qualifications and Limitations
The revised procedures and page limitations under amended Rule 21, SCRFC, apply strictly to requests for temporary hearings submitted on or after October 1, 2025 Rule 21, SCRFC. For temporary hearing requests submitted prior to October 1, 2025, the prior version of Rule 21, SCRFC, governs the proceedings Rule 21, SCRFC. Additionally, while Rule 21 dictates the baseline procedural rules, individual family court judges retain broad discretion to permit additional evidence or testimony for good cause Rule 21, SCRFC.
The best strategy for prevailing at a temporary relief hearing under Rule 21, SCRFC, requires strict adherence to the five-day service deadline, meticulous organization of affidavits and exhibits to remain within the 10- or 20-page limits, and the submission of a comprehensive parenting plan and financial declaration. Written evidence must be highly focused, compliant with the South Carolina Rules of Evidence, and directly tailored to the statutory factors governing child custody, support, and temporary suit money.