Rule 21.Temporary relief

Rule 21 was rewritten by order of April 29, 2025 and applies, as the court's own headnote says, to any request for a temporary hearing submitted on or after October 1, 2025. It is the most detailed rule in the set.

What temporary relief is

An order addressing issues or granting relief for the period during which the case is pending. It is sought by a written motion, filed and properly served, which must state with specificity the issues raised and the relief sought.

The calendar

The moving party files or submits a request for hearing to the Clerk of Court identifying the amount of time requested and any known counsel of record. Then the window:

• the hearing shall be no sooner than 21 days and no later than 45 days from the date the request is filed or submitted;
• the moving party serves the motion and notice of the hearing at least 20 days before it;
• the responding party serves and files a return, and any request for affirmative relief, no later than 10 days before; and
• all written evidence is served and filed no later than 5 days before.

The return must state with specificity any new or additional issues and the relief sought. Notice from the Clerk may reach the moving party by email or in paper form.

Evidence is on paper

Evidence at a temporary hearing is confined to affidavits, financial declarations, and other statutorily required documents such as a parenting plan. The judge may still consider the pleadings, motion, and return, and for good cause may permit or require additional evidence or testimony. All evidence must comply with the South Carolina Rules of Evidence. At the hearing either party may serve and file reply affidavits and further detail supporting a fee request.

The page limits, tied to the clock

• 15-minute hearing — 10 pages of affidavits per party;
• 30-minute hearing — 20 pages per party;
• more than 30 minutes — the request must explain the time sought and any request to exceed the page limits, and the chief judge for administrative purposes must approve both the time and any page allowance.

Excluded from the count: proposed parenting plans, financial declarations, and attorneys' fees affidavits. Exhibits are separately capped at thirty pages per party and do not count against the affidavit limit. A document referred to but not attached must be served with the affidavit and available in the courtroom, and voluminous documents are summarized as Rule 1006, SCRE provides.

Ex parte relief

The family court may order ex parte temporary relief to protect the health, safety, or welfare of a child, and/or to avoid irreparable harm — and a party seeking it must follow the protocol and requirements for temporary restraining orders in Rule 65, SCRCP.

The escape valve

For good cause, on its own motion or a party's, the court may modify the scheduling, notice and time requirements of this rule. A party's motion to do so shall be supported by relevant affidavits.