South Carolina Temporary Hearing Background Information
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How to fill out South Carolina Temporary Hearing Background Information?
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FAQ
Rules for South Carolina Family Court 365 Day Rule ? If the case is 365 days old, it can be dismissed without prejudice. It usually will be dismissed, and the temporary order will be dismissed with the case. The final hearing must be requested before the 365th day.
Temporary hearings are very brief, and the parties are limited in what they can present to the family court. Temporary hearings usually last less than thirty minutes and there is no live testimony by the parties or any of their witnesses.
RULE 21 Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
If the defendant requests a preliminary hearing, the hearing shall be held within ten days following the request. The hearing shall not be held, however, if the defendant is indicted by a grand jury or waives indictment before the preliminary hearing is held. The defendant may appear by counsel or in person or both.
At a temporary hearing, a Judge may order a temporary parenting plan, temporary child support, or temporary alimony. If the parties are married, the Judge may also decide who gets to use the marital home or vehicle. The Judge may also order restrictions about behavior of the parties.
Temporary relief is an interim, or ?temporary,? order from the court that addresses certain immediate circumstances until a more formal and permanent ruling can be reached.
FAQ: SC Emergency Custody Order Temporary hearings are meant to resolve minor custody issues that can't wait until the final resolution of the case. An expedited hearing is essentially a longer wait than an emergency hearing.