What should I expect on the day of my hearing?
I. Study your hearing notice carefully to determine why you are coming to court. There are many different types of hearings. You may be going to court for a motion hearing or a final merits hearing or trial.

II. A motion hearing is normally a time where the judge will hear from the parties who have an interest in the case. The judge usually does not allow testimony during this type of hearing.

III. During a final merits hearing or trial, you will be able to testify and call witnesses (if you want).

IV. On the day of any court hearing or trial, arrive about fifteen (15) minutes early to find the courtroom. You can check with the Clerk of Court’s office or ask a bailiff or deputy for directions to the courtroom.

V. If you plan to show the court any papers, pictures, or other evidence, bring copies for the judge and all parties and attorneys involved in the case.

VI. When you enter the courtroom, sit in the audience section until your hearing is called.

VII. More than one case or trial may be scheduled that day. You may have to wait until your hearing is called.

VIII. Once your hearing is called, come to the front and sit at one of the two tables facing the judge.

IX. The judge will explain how the hearing or trial will be conducted.

X. Each party will have a chance to speak and ask questions. Be polite. If the judge interrupts you while you are speaking, don’t argue. It is likely that the judge either needs something explained, the matter has already been covered, or the judge determines that your statement is not important to the case.

XI. The judge will let you know when it is your turn to give evidence or to cross examine witnesses. If an objection is made to evidence or testimony, remember that only one person can speak at a time.

NOTE: If you have not answered the Complaint, you may not have the right to testify or call witnesses.

XII. At the end of the hearing or trial, the judge will either:
(1) Rule on your case and ask one of the parties to draft a proposed order; or
(2) Ask each party to give him or her a written memorandum about the law and facts.

XIII. The judge must decide the case based on the evidence and the law.

Show All Answers

1. What is a Master-in-Equity?
2. What is a Special Referee?
3. What is a note?
4. What is a mortgage?
5. What is a real estate foreclosure?
6. Has a foreclosure been filed against me?
7. Can I represent myself in a Foreclosure Action?
8. Can I represent my business in a Foreclosure Action?
9. If I decide to represent myself in court, will the judge make me follow the same rules as an attorney in the courtroom?
10. What should I expect on the day of my hearing?
11. What do I say in court?
12. Are there any additional things I need to know before I appear in court?
13. How can an attorney help me through the foreclosure process?
14. How do I get an attorney if I cannot afford one?
15. I was just served with a Foreclosure Summons and Complaint. Now what?
16. Why are there other Defendants named in my foreclosure lawsuit?
17. Do I need to answer the Foreclosure Summons and Complaint in writing if my lender and I are in the process of settlement?
18. What is Foreclosure Intervention?
19. How do I know if my loan qualifies for Foreclosure Intervention?
20. How does the foreclosure process work in South Carolina?
21. What is the Home Affordable Modification Program (also known as HMP or HAMP), and why is it important to the South Carolina foreclosure process?
22. What are some things I can do to prevent foreclosure?
23. How long can I stay in my home if a foreclosure action has been filed against me and I cannot afford the payments?
24. I am a tenant with a lease living in a home in foreclosure, what are my rights?
25. Should I contact the lender's attorney?
26. Should I attend the hearing or trial?
27. Do I need to move out of my home on the day of my foreclosure hearing?
28. Can I attend the foreclosure sale?
29. When are foreclosure sales held?
30. If the Court sells my house at a foreclosure sale, could I still owe the lender money?
31. What if my home sells for less than I owe?
32. The judge told me at the hearing that a deficiency has been demanded. What does this mean?
33. The judge told me at the hearing that the lender is waiving its right to a deficiency judgment against me. What does this mean?
34. Can I challenge a deficiency judgment?
35. What if my home sells for more than I owe?
36. Do I have the right to contact the judge or his staff to discuss my case?