South Carolina Motion and Affidavit for Emergency Hearing
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How to fill out South Carolina Motion And Affidavit For Emergency Hearing?
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FAQ
The legal action taken in South Carolina Family Court to enforce an Order is called a ?Rule to Show Cause.? The complaining party must file a Complaint of Contempt and must show to the Family Court that some violation of a past order is occurring.
Rule to show cause is issued by a Judge and requires the party to appear in court and ?show cause? as to why they should not be held in contempt for violating the court order. When served with a rule to show cause, a party can file a return prior to the hearing date, unless the court requires an earlier response.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial in open court with a court reporter present, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
No other person may be appointed guardian ad litem of a minor or incompetent or imprisoned person unless he be fully competent to understand and protect the rights of the person whom he represents, has no interest adverse to that of the person whose interest he represents, is not connected or associated with the
The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.