Temporary hearings in family court have far reaching results for a case. Often I have heard family court Judges in South Carolina say: " There is nothing more permenantr in family court than a temporary hearing". This is why it is so very importatnt to be prepared for a temporary hearing.
The end result of a case is a trial. The South Carolina Family court only has bench trials available. However, it takes time to develop and aquire all of th evidence that will be needed in a bench trial setting. Each case has its own set of particular facts that may require depositions, iterrogatories, requests for production, or subpoenas sent out to various individuals or companies. All of this preperation can require some length of time. But most often the parties in a case need help immediately. This is where a Temporary hearing is helpful.
The biggest confusion that people get is between trials in family court and hearings. In a temporary hearing a Witness does not usually give testimony and it is up to the attorney to give oral argument. the parties do not submit evidence. there is not cross nor direct examinations. These hearings only last for about ten to fifteen minutes. To a layperson it can seem to be a whirlwind of a court procedure.
The most imporatnt tool in a temporary hearing is the affidavit. This is the means by which the party can sway the Judge over to his or her side of the case. Well written and relevent affidavits are the best means to get what you want in a temporary hearing. An affidavit is much like a well written article in a newspaper or magazine, the basis is the age old writing adage of "the Who, what ,where, why, and how".
If you need more information on Temporary hearing or any other aspect of family law in South Carollina Please contact the Law office of Andrew B. Farley, , and make an appointment today. We have a twenty-four hour answering service to talke you calls, so please dial (803) 359-0428 right now.