Preparing Affidavits for Temporary Hearings in Charleston, South Carolina Family Court

When preparing for a temporary hearing in South Carolina Family Court, you should know that all of the evidence at a temporary hearing is done by way of affidavit. An affidavit is a written statement that outlines the facts and evidence that a person has knowledge of. It should not include hearsay statements, unless the hearsay falls within one of the hearsay exceptions.

The purpose of the affidavit(s) submitted is to inform the court about the circumstances of your case and help the judge make a decision about the temporary relief you are seeking. Here are some basic tips from our South Carolina family law firm on what to include in your affidavit:

1. Your personal information: Begin your affidavit by providing your name, address, and contact information. You should also include any relevant details about your relationship with the other party, such as your marriage or custody agreement.

2. Your request for relief: Clearly state the temporary relief you are seeking. This could include child support, visitation, custody arrangements, or anything else that is relevant to your case.

3. The facts of your case: Provide a brief overview of the facts that support your request for relief. Be specific and include as much detail as possible. For example, if you are seeking custody of your child, include information about your relationship with the child, the other parent's relationship with the child, and any issues that may impact the child's health and welfare.

4. Supporting evidence: Provide any relevant evidence that supports your case, such as financial statements, medical records, educational records, and sometimes text messages or other written correspondence from the opposing party, which may be attached as exhibits to your affidavit. Make sure that your evidence is admissible in court and that you have followed the rules of evidence. It is also important that your affidavit provide some context for the exhibits you are attaching.

5. Conclusion: End your affidavit with a summary of your request and a statement that you swear under penalty of perjury that the information you have provided is true and accurate to the best of your knowledge.

It is important that you keep all of your submissions within the page limit. There is an 8 page limit for the number of pages of affidavits - not including exhibits - that can be submitted at a temporary hearing that is scheduled for 15 minutes. Some judges will limit you to 16 pages of affidavits during a 30 minute temporary hearing, though others do not, as the Administrative Order that set the 8 page limit for 15 minute hearings references nothing regarding a page limit for a hearing that is set for 30 minutes or more.

Preparing an affidavit for a temporary hearing can be a daunting task, but it is a crucial step in protecting your rights and interests. If you need help with your affidavit or any other aspect of your family law case, contact our South Carolina family law firm. We have the knowledge and experience to guide you through the process and help you achieve the best possible outcome.