The South Carolina Supreme Court implemented major changes to Family Court Rule 21 on October 1, 2025, fundamentally transforming temporary hearing procedures in SC divorce and custody cases. These amendments address longstanding due process concerns and provide parties with significantly more time to prepare for temporary hearings.

What Changed in South Carolina Rule 21?

South Carolina Family Court Rule 21 governs temporary hearings in family law cases. The 2025 amendments represent the most substantial reform to temporary hearing procedures in decades, replacing a system legal professionals called “motion by ambush” with more balanced, fair procedures.

Why SC Rule 21 Temporary Hearing Changes Matter

Temporary hearings determine critical family law issues while your case proceeds to trial. Despite being called “temporary,” these orders often remain in effect for a year or more and control:

• Child custody arrangements and parenting time schedules
• Temporary child support calculations
• Alimony pendente lite (spousal support during divorce)
• Possession of the marital home
• Attorney’s fees and costs

Because temporary orders significantly impact South Carolina families during divorce or custody litigation, ensuring procedural fairness has been a priority for the SC Supreme Court.

The Old South Carolina Rule 21: Problems with Short Notice

Under the previous Rule 21, South Carolina temporary hearings operated under a rushed system that created unfair advantages:

Old Rule Problems:

• Only 5 business days’ notice required before hearings
• Parties could serve affidavits at the hearing itself
• Opposing counsel received surprise allegations with no time to respond
• Limited opportunity to gather counter-evidence or prepare witnesses
• Serious due process concerns in SC family court

This “ambush” system particularly disadvantaged responding parties in South Carolina divorce and custody cases who needed time to prepare meaningful defenses.

Key Changes in Amended Rule 21 (Effective October 2025)

1. Extended Notice Period: 20 Days (Previously 5 Days)

New Rule: Twenty days’ notice required for SC temporary hearings

The notice period increased from five business days to twenty days—a 400% increase in preparation time. This change alone dramatically improves procedural fairness in South Carolina family court cases.

2. Return Filing Deadline: 10 Days Before Hearing

New Requirement: Responding parties must file a return ten days before the scheduled temporary hearing.

This is arguably the most significant change to SC Rule 21. The return is your formal response to the motion for temporary relief.

Under the new rule:

• Returns must be filed and served 10 days before the hearing
• Returns can request relief for the responding party (not just respond to the other side’s requests)
• Both parties and the judge understand all disputed issues before the hearing
• SC family courts receive complete information earlier in the process

3. Initial Affidavit Deadline: 5 Days Before Hearing

New Requirement: All initial supporting affidavits must be served five days before the temporary hearing.

Both parties in South Carolina family law cases must exchange primary affidavits five days before the hearing, eliminating surprise witness statements that plagued the old system.

This means:

• No more ambush affidavits in SC temporary hearings
• Parties review all evidence before appearing in court
• Better opportunity to prepare rebuttal evidence
• Fairer proceedings in SC Family Court

4. Limited Day-of-Hearing Affidavits in SC Courts

New Rule: Only reply affidavits may be served at SC temporary hearings.

Reply affidavits served at the hearing must be strictly limited to:

• Responding to specific allegations in the opposing party’s five-day affidavits
• Providing additional detail supporting requests for attorney’s fees and costs

This prevents parties from introducing entirely new claims or evidence on the hearing date in South Carolina family court proceedings.

5. Ex Parte Procedures Clarified for SC Emergency Relief

New Requirement: Rule 65 of the South Carolina Rules of Civil Procedure now explicitly applies to ex parte applications for temporary relief.

This ensures emergency motions heard without the opposing party present follow proper procedural safeguards under SC court rules.

6. Page Limits and Exhibit Requirements

The amended SC Rule 21 includes technical provisions for:

• Page limits for affidavits submitted to SC Family Court
• Procedures for exhibits served on opposing parties
• Requirements that exhibits be available for the judge upon request

Who Is Affected by the New SC Rule 21?

The new Rule 21 procedures apply to temporary hearing requests submitted on or after October 1, 2025 in:

• Divorce actions in South Carolina
• Separate support and maintenance actions
• Child custody modification cases
• Child support modification proceedings
• Any SC family law case requiring temporary relief

Important: Cases filed before October 1, 2025, with temporary hearings already scheduled under old rules are not subject to new requirements. However, any new motion for temporary relief filed after October 1, 2025, in existing cases must comply with amended Rule 21.

Timeline for SC Temporary Hearings Under New Rule 21

Understanding the new timeline is critical for South Carolina family law cases:

• Day 1: Motion for temporary relief filed and served
• Day 10: Return due (10 days before hearing)
• Day 15: Initial supporting affidavits due (5 days before hearing)
• Day 20: Temporary hearing date in SC Family Court

What SC Divorce and Custody Clients Need to Know

More Time to Prepare Your South Carolina Case

Under new Rule 21, you have significantly more time to:

• Consult with your South Carolina family law attorney
• Gather necessary financial documentation
• Prepare thorough affidavits with accurate information
• Understand what the opposing party is requesting from SC Family Court
• Consider what relief you need to request in your return

Earlier Information Exchange in SC Family Court

Because affidavits must be exchanged five days before your South Carolina temporary hearing, you’ll know the specific allegations and evidence being presented, allowing you to prepare a meaningful response with your attorney.

More Comprehensive Returns in SC Cases

The requirement for a return filed ten days before the hearing means you can formally present your own requests for temporary relief in South Carolina Family Court, not just defend against the other party’s motion.

Reduced Surprise in SC Temporary Hearings

The days of being ambushed with unexpected allegations at South Carolina temporary hearings are over. While reply affidavits can still be filed at the hearing, they’re limited in scope under the new Rule 21.

What to Do If You’re Facing a SC Temporary Hearing

1. Hire a South Carolina Family Law Attorney Immediately

The 20-day notice period means you need experienced legal counsel as soon as possible to meet all Rule 21 filing deadlines. Timing is critical in SC family court cases.

2. Gather Financial Documentation for SC Family Court

Financial declarations remain critical in South Carolina temporary hearings. Start organizing:

• SC income documentation (pay stubs, W-2s, 1099s)
• Tax returns (last 3 years)
• Bank statements (all accounts)
• Credit card statements
• Retirement account statements
• Mortgage and debt documentation

3. Document Your Position for SC Affidavits

Begin preparing information for your affidavit and identifying potential witnesses who can provide supporting affidavits for your South Carolina case.

4. Understand SC Rule 21 Timeline Requirements

Work with your attorney to ensure all deadlines are met, particularly:

• The 10-day return deadline
• The 5-day affidavit deadline
• Compliance with SC Family Court local rules

5. Review Everything Carefully Before Your SC Hearing

Take advantage of the five days between receiving the opposing party’s affidavits and the hearing to review their evidence with your South Carolina attorney and prepare your reply.

Implications for SC Family Law Attorneys

Timeline Management Under New Rule 21

South Carolina family law attorneys must carefully manage multiple deadlines:

• Day 1: Motion filed and served
• Day 10: Return due
• Day 15: Initial affidavits due
• Day 20: Hearing date

Strategic Considerations for SC Attorneys

The new SC Rule 21 requires earlier case preparation:

• Initial client consultations must occur earlier
• Witness affidavits must be prepared well in advance
• Discovery may need expediting to meet affidavit deadlines
• Financial declarations must be gathered promptly

Late Retention Issues in SC Cases

Challenge: What happens when an attorney is retained fewer than ten days before a scheduled South Carolina temporary hearing?

The rule doesn’t explicitly address this scenario. SC Family Court judges may need to grant continuances more readily when parties retain counsel close to the hearing date and cannot meet the return or affidavit deadlines.

Benefits of the New SC Rule 21 for Family Court Cases

The amended Rule 21 provides significant benefits for South Carolina family law cases:

For Parties:

• More time to prepare for SC temporary hearings
• Better understanding of issues in dispute
• Fairer procedures in SC Family Court
• Reduced surprise and ambush tactics
• Earlier disclosure of evidence and allegations

For South Carolina Courts:

• Better-prepared parties and attorneys
• More complete information before hearings
• Fewer continuances due to surprise evidence
• Improved judicial efficiency in SC Family Court

For Due Process:

• Meaningful opportunity to respond in SC cases
• Adequate time to gather counter-evidence
• Protection against unfair surprise
• Better access to justice in South Carolina

Frequently Asked Questions About SC Rule 21 Changes

Does the new Rule 21 apply to my pending South Carolina case?

If your temporary hearing was scheduled before October 1, 2025, the old rules apply. Any new motion for temporary relief filed on or after October 1, 2025, must follow the new Rule 21 procedures.

What if I need emergency relief in SC Family Court?

Ex parte procedures under Rule 65, SCRCP still allow for emergency relief in true emergencies. Your South Carolina family law attorney can advise whether your situation qualifies for ex parte relief.

Can the 20-day deadline be shortened in South Carolina cases?

Courts may modify deadlines in extraordinary circumstances, but the new Rule 21 emphasizes procedural fairness through adequate notice. Expect SC judges to be less lenient with continuance requests under the new system.

How does this affect child custody cases in South Carolina?

All temporary relief requests in SC custody cases filed after October 1, 2025, must comply with the new Rule 21 timelines and procedures.

Contact an Experienced South Carolina Family Law Attorney

If you’re facing a temporary hearing under the new Rule 21 or have questions about how these changes affect your South Carolina divorce or custody case, contact an experienced SC family law attorney immediately.

Understanding the new procedures is crucial to protecting your rights in South Carolina Family Court. Don’t navigate these complex changes alone.

About Klok Law Firm LLC

Klok Law Firm LLC represents clients throughout South Carolina in all aspects of family law, including:

• Divorce and separate support
• Child custody and visitation
• Child support and alimony
• Modifications and enforcement
• Temporary hearings and emergency relief

Our experienced South Carolina family law attorneys stay current with all SC Family Court rule changes to provide the best representation for our clients.

Contact us today for a consultation about your South Carolina family law case.

This blog post is for informational purposes only and does not constitute legal advice. South Carolina family law rules and procedures may be subject to interpretation by individual courts and judges. Always consult with a qualified South Carolina attorney regarding your specific situation.

By Suzanne Klok|2025-11-13T16:55:32+00:00October 15th, 2025|Child Custody, Divorce, Equitable Distribution/Property Division, Family Law|Comments Off on South Carolina Family Court Rule 21 Changes 2025: Complete Guide to New Temporary Hearing Procedures

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South Carolina Family Court Rule 21 Changes 2025: Complete Guide to New Temporary Hearing Procedures

Last Updated: November 2025 | Effective Date: October 1, 2025

The South Carolina Supreme Court implemented major changes to Family Court Rule 21 on October 1, 2025, fundamentally transforming temporary hearing procedures in SC divorce and custody cases. These amendments address longstanding due process concerns and provide parties with significantly more time to prepare for temporary hearings.

What Changed in South Carolina Rule 21?

South Carolina Family Court Rule 21 governs temporary hearings in family law cases. The 2025 amendments represent the most substantial reform to temporary hearing procedures in decades, replacing a system legal professionals called “motion by ambush” with more balanced, fair procedures.

Why SC Rule 21 Temporary Hearing Changes Matter

Temporary hearings determine critical family law issues while your case proceeds to trial. Despite being called “temporary,” these orders often remain in effect for a year or more and control:

• Child custody arrangements and parenting time schedules
• Temporary child support calculations
• Alimony pendente lite (spousal support during divorce)
• Possession of the marital home
• Attorney’s fees and costs

Because temporary orders significantly impact South Carolina families during divorce or custody litigation, ensuring procedural fairness has been a priority for the SC Supreme Court.

The Old South Carolina Rule 21: Problems with Short Notice

Under the previous Rule 21, South Carolina temporary hearings operated under a rushed system that created unfair advantages:

Old Rule Problems:

• Only 5 business days’ notice required before hearings
• Parties could serve affidavits at the hearing itself
• Opposing counsel received surprise allegations with no time to respond
• Limited opportunity to gather counter-evidence or prepare witnesses
• Serious due process concerns in SC family court

This “ambush” system particularly disadvantaged responding parties in South Carolina divorce and custody cases who needed time to prepare meaningful defenses.

Key Changes in Amended Rule 21 (Effective October 2025)

1. Extended Notice Period: 20 Days (Previously 5 Days)

New Rule: Twenty days’ notice required for SC temporary hearings

The notice period increased from five business days to twenty days—a 400% increase in preparation time. This change alone dramatically improves procedural fairness in South Carolina family court cases.

2. Return Filing Deadline: 10 Days Before Hearing

New Requirement: Responding parties must file a return ten days before the scheduled temporary hearing.

This is arguably the most significant change to SC Rule 21. The return is your formal response to the motion for temporary relief.

Under the new rule:

• Returns must be filed and served 10 days before the hearing
• Returns can request relief for the responding party (not just respond to the other side’s requests)
• Both parties and the judge understand all disputed issues before the hearing
• SC family courts receive complete information earlier in the process

3. Initial Affidavit Deadline: 5 Days Before Hearing

New Requirement: All initial supporting affidavits must be served five days before the temporary hearing.

Both parties in South Carolina family law cases must exchange primary affidavits five days before the hearing, eliminating surprise witness statements that plagued the old system.

This means:

• No more ambush affidavits in SC temporary hearings
• Parties review all evidence before appearing in court
• Better opportunity to prepare rebuttal evidence
• Fairer proceedings in SC Family Court

4. Limited Day-of-Hearing Affidavits in SC Courts

New Rule: Only reply affidavits may be served at SC temporary hearings.

Reply affidavits served at the hearing must be strictly limited to:

• Responding to specific allegations in the opposing party’s five-day affidavits
• Providing additional detail supporting requests for attorney’s fees and costs

This prevents parties from introducing entirely new claims or evidence on the hearing date in South Carolina family court proceedings.

5. Ex Parte Procedures Clarified for SC Emergency Relief

New Requirement: Rule 65 of the South Carolina Rules of Civil Procedure now explicitly applies to ex parte applications for temporary relief.

This ensures emergency motions heard without the opposing party present follow proper procedural safeguards under SC court rules.

6. Page Limits and Exhibit Requirements

The amended SC Rule 21 includes technical provisions for:

• Page limits for affidavits submitted to SC Family Court
• Procedures for exhibits served on opposing parties
• Requirements that exhibits be available for the judge upon request

Who Is Affected by the New SC Rule 21?

The new Rule 21 procedures apply to temporary hearing requests submitted on or after October 1, 2025 in:

• Divorce actions in South Carolina
• Separate support and maintenance actions
• Child custody modification cases
• Child support modification proceedings
• Any SC family law case requiring temporary relief

Important: Cases filed before October 1, 2025, with temporary hearings already scheduled under old rules are not subject to new requirements. However, any new motion for temporary relief filed after October 1, 2025, in existing cases must comply with amended Rule 21.

Timeline for SC Temporary Hearings Under New Rule 21

Understanding the new timeline is critical for South Carolina family law cases:

• Day 1: Motion for temporary relief filed and served
• Day 10: Return due (10 days before hearing)
• Day 15: Initial supporting affidavits due (5 days before hearing)
• Day 20: Temporary hearing date in SC Family Court

What SC Divorce and Custody Clients Need to Know

More Time to Prepare Your South Carolina Case

Under new Rule 21, you have significantly more time to:

• Consult with your South Carolina family law attorney
• Gather necessary financial documentation
• Prepare thorough affidavits with accurate information
• Understand what the opposing party is requesting from SC Family Court
• Consider what relief you need to request in your return

Earlier Information Exchange in SC Family Court

Because affidavits must be exchanged five days before your South Carolina temporary hearing, you’ll know the specific allegations and evidence being presented, allowing you to prepare a meaningful response with your attorney.

More Comprehensive Returns in SC Cases

The requirement for a return filed ten days before the hearing means you can formally present your own requests for temporary relief in South Carolina Family Court, not just defend against the other party’s motion.

Reduced Surprise in SC Temporary Hearings

The days of being ambushed with unexpected allegations at South Carolina temporary hearings are over. While reply affidavits can still be filed at the hearing, they’re limited in scope under the new Rule 21.

What to Do If You’re Facing a SC Temporary Hearing

1. Hire a South Carolina Family Law Attorney Immediately

The 20-day notice period means you need experienced legal counsel as soon as possible to meet all Rule 21 filing deadlines. Timing is critical in SC family court cases.

2. Gather Financial Documentation for SC Family Court

Financial declarations remain critical in South Carolina temporary hearings. Start organizing:

• SC income documentation (pay stubs, W-2s, 1099s)
• Tax returns (last 3 years)
• Bank statements (all accounts)
• Credit card statements
• Retirement account statements
• Mortgage and debt documentation

3. Document Your Position for SC Affidavits

Begin preparing information for your affidavit and identifying potential witnesses who can provide supporting affidavits for your South Carolina case.

4. Understand SC Rule 21 Timeline Requirements

Work with your attorney to ensure all deadlines are met, particularly:

• The 10-day return deadline
• The 5-day affidavit deadline
• Compliance with SC Family Court local rules

5. Review Everything Carefully Before Your SC Hearing

Take advantage of the five days between receiving the opposing party’s affidavits and the hearing to review their evidence with your South Carolina attorney and prepare your reply.

Implications for SC Family Law Attorneys

Timeline Management Under New Rule 21

South Carolina family law attorneys must carefully manage multiple deadlines:

• Day 1: Motion filed and served
• Day 10: Return due
• Day 15: Initial affidavits due
• Day 20: Hearing date

Strategic Considerations for SC Attorneys

The new SC Rule 21 requires earlier case preparation:

• Initial client consultations must occur earlier
• Witness affidavits must be prepared well in advance
• Discovery may need expediting to meet affidavit deadlines
• Financial declarations must be gathered promptly

Late Retention Issues in SC Cases

Challenge: What happens when an attorney is retained fewer than ten days before a scheduled South Carolina temporary hearing?

The rule doesn’t explicitly address this scenario. SC Family Court judges may need to grant continuances more readily when parties retain counsel close to the hearing date and cannot meet the return or affidavit deadlines.

Benefits of the New SC Rule 21 for Family Court Cases

The amended Rule 21 provides significant benefits for South Carolina family law cases:

For Parties:

• More time to prepare for SC temporary hearings
• Better understanding of issues in dispute
• Fairer procedures in SC Family Court
• Reduced surprise and ambush tactics
• Earlier disclosure of evidence and allegations

For South Carolina Courts:

• Better-prepared parties and attorneys
• More complete information before hearings
• Fewer continuances due to surprise evidence
• Improved judicial efficiency in SC Family Court

For Due Process:

• Meaningful opportunity to respond in SC cases
• Adequate time to gather counter-evidence
• Protection against unfair surprise
• Better access to justice in South Carolina

Frequently Asked Questions About SC Rule 21 Changes

Does the new Rule 21 apply to my pending South Carolina case?

If your temporary hearing was scheduled before October 1, 2025, the old rules apply. Any new motion for temporary relief filed on or after October 1, 2025, must follow the new Rule 21 procedures.

What if I need emergency relief in SC Family Court?

Ex parte procedures under Rule 65, SCRCP still allow for emergency relief in true emergencies. Your South Carolina family law attorney can advise whether your situation qualifies for ex parte relief.

Can the 20-day deadline be shortened in South Carolina cases?

Courts may modify deadlines in extraordinary circumstances, but the new Rule 21 emphasizes procedural fairness through adequate notice. Expect SC judges to be less lenient with continuance requests under the new system.

How does this affect child custody cases in South Carolina?

All temporary relief requests in SC custody cases filed after October 1, 2025, must comply with the new Rule 21 timelines and procedures.

Contact an Experienced South Carolina Family Law Attorney

If you’re facing a temporary hearing under the new Rule 21 or have questions about how these changes affect your South Carolina divorce or custody case, contact an experienced SC family law attorney immediately.

Understanding the new procedures is crucial to protecting your rights in South Carolina Family Court. Don’t navigate these complex changes alone.

About Klok Law Firm LLC

Klok Law Firm LLC represents clients throughout South Carolina in all aspects of family law, including:

• Divorce and separate support
• Child custody and visitation
• Child support and alimony
• Modifications and enforcement
• Temporary hearings and emergency relief

Our experienced South Carolina family law attorneys stay current with all SC Family Court rule changes to provide the best representation for our clients.

Contact us today for a consultation about your South Carolina family law case.

This blog post is for informational purposes only and does not constitute legal advice. South Carolina family law rules and procedures may be subject to interpretation by individual courts and judges. Always consult with a qualified South Carolina attorney regarding your specific situation.