SC Supreme Court proposes Rule 21 changes to curb 'trial by ambush' in family court

South Carolina Supreme Court Chief Justice Kitchard urged the House Judiciary Committee's Constitutional Law Subcommittee to approve proposed amendments to Rule 21 of the South Carolina Rules of Family Court, saying the changes would reduce unfair surprise at temporary hearings and promote statewide uniformity.

Chief Justice Kitchard said the proposal seeks to end what he called “trial by ambush” at temporary hearings and noted Article V, Section 4(a) of the South Carolina Constitution requires amendments to court rules be submitted to the judiciary committee and become effective 90 calendar days after submission unless disapproved. He asked lawmakers to view the change in the context of broader family-court caseload pressures and variation in local practice.

Kitchard gave five main reasons for the change: (1) family court needs prompt access to resolve time-sensitive cases, (2) temporary orders now often function as de facto final orders, (3) a patchwork of county practices undermines uniformity, (4) the rule includes catchall provisions to allow…