LOCAL CIVIL RULES - United States Courts

1 LOCAL CIVIL RULESfor theUNITED States district COURTDISTRICT OF SOUTH CAROLINA(with revisions through July 17, 2019)TABLE OF CONTENTSSCOPE AND PURPOSE OF LOCAL CIVIL :Suspension or :Modification and Implementation of Federal : district court Web :Format Requirements for Filed :Duties of the Clerk of ASSIGNMENT AND :Venue in CIVIL :Timely Service of Summons and AND FILING OF PLEADINGS AND OTHER :Filing of :Filing With the :Filing Documents Under :Filing Documents by Electronic :Service of Documents by Electronic Means by Unrepresented :Substitution, Correction, and Removal of Electronically Filed TO ALTER :Motions to Alter Time.. :Protection ALLOWED: FORM OF :Filing of :Duty to Consult Before Filing Any :Motions to Be Promptly :Supporting :Form and Content of :Responses to :Hearings on :Frivolous or Delaying :Draft Orders Submitted by :Extensions of Time to Respond to a CONFERENCES, SCHEDULING, AND :Exemptions and Stay of :Scheduling :Scheduling Conference and Scheduling Order :Alternative Dispute Resolution ( ADR ) Statement and :Mediation: : Relief From Mediation :Appointment of :The Mediation :Duties of the Parties, Representatives, and Attorneys at :Sanctions for Failure to Attend Mediation :Authority and Duties of :Compensation of the :Mediator Certification and :Expedited :Expedited Trial: Request and :Expedited Trial AND INCOMPETENT :Settlement or Dismissal of :Approval of Counsel Fees and Payment of PROVISIONS GOVERNING DISCOVERY.

2 DUTY OF :Interrogatories to Be Answered by Each : RULES for Answering court :Rule 26(f) : Pretrial Discovery for CIVIL Actions Exempted From Fed. R. Civ. P. 26(a)(1).. : CIVIL Pretrial :Supplementation of CIVIL Pretrial Briefs and :Trial :Protective Orders and :Pretrial Submission of Proposed Jury REGARDING DISCOVERY :Stipulations Regarding Discovery UPON ORAL :Limitations on :Objections to Telephone :Video :Conduct During UPON WRITTEN :Limitations on OF DEPOSITIONS IN court :Excerpts From Depositions to Be Offered at TO :Limitations on TO MAKE DISCLOSURE OR COOPERATE IN :Motions to Compel OF :Jury Selection :Use of Juror :Jury :Examination of :Contact With Trial :Responsibilities of the United States OF JURORS PARTICIPATION IN :Number of AND :Assessment of Jury :Petition for and Interest on Attorney s :Application for Courts AND :Orders and OF PROCEEDINGS TO ENFORCE A :Stay by Bond or Other :Stay Must Ordinarily Be Sought in the First Instance in Trial court .

3 Motion for Stay in Appellate OF PERSON OR :Seizure of Person or RELIEF :Temporary Relief IN :Deposit of Registry Funds in Interest-Bearing Accounts ..42 CONDEMNATION OF :Land Condemnation States MAGISTRATE :Authority of United States Magistrate :Assignment of Duties to Magistrate :Special Provisions for Consent for Reference of CIVIL Cases Under 28 636(c)..47 RULES BY district AND STUDENT : Roll of : : Procedure for : Representation by LOCAL Counsel Who Must Sign All : Appearances by Attorneys Not Admitted in the : Pleadings, Service, and Attendance by LOCAL Counsel in Cases Where Out-of-State Attorneys : Withdrawal of : RULES of Disciplinary Enforcement ( RDE ).. : Student AND court : Handling of : court TRIAL : court : : Copies of Public : Conduct of Judicial : Photographing and Reproducing court :Service and Filing of Notice of :Contents of Notice of BRIEF :[Pretrial brief requirements were moved to LOCAL Civ.]

4 Rule ( ) effective December 1, 2000.]..66 CONDUCT OF : Opening : Examination of : Scope of : Closing Argument of : Excusing SECURITY : Copies of : Reference to Magistrate : Answer of the : Petitioner s : Commissioner s : Service of : Application for Attorney s : Objections to Report and FILED BY :Filing of CIVIL Rights :Procedure for State, Federal, and LOCAL Prisoners Seeking to Proceed In Forma : Filing of Habeas Corpus : Successive Habeas Corpus : Federal, State, and LOCAL Prisoners Seeking Relief Under 28 : State and LOCAL Prisoners Seeking Relief Under 28 : Forms on Electronic : Referral to Bankruptcy : LOCAL CIVIL RULES of Bankruptcy : Jury Trials by Bankruptcy : Disciplinary AND PURPOSE OF LOCAL CIVIL :Scope. These LOCAL CIVIL RULES of practice shall govern the conduct of the UnitedStates district court for the district of South Carolina, except when the conduct of this court isgoverned by federal statutes and RULES .

5 These RULES shall be cited as follows: LOCAL ( ). LOCAL CIVIL rule numbers correspond to the Federal RULES of :Suspension or Modification. For good cause shown in a particular case, the courtmay suspend or modify any LOCAL CIVIL :Modification and Implementation of Federal RULES .[Deleted effective December 1, 2000.] : district court Web Site. The district court maintains a Web site( ) from which the following may be obtained: (A)Federal and LOCAL RULES of procedure.(B) court location and contact information.(C)Standard forms and orders.(D)Judicial filing :Format Requirements for Filed Documents. The following format is required forall pleadings, motions, and supporting memoranda:(A)Minimum one-inch margins on all sides.(B)Times New Roman, Arial, or Courier New font.(C)Minimum 12-point type for caption, text, and footnotes.(D)Only page numbers and document identification footers may appear inmargins or smaller than 12-point type.

6 (E)Double space text except in indented quotations and :Duties of the Clerk of court . Duties assigned or authority given to the clerk ofcourt by these RULES may be performed or exercised by the clerk of court or his or her designee(s).1 DIVISION ASSIGNMENT AND :Venue in CIVIL Cases.(A)Division Assignment. Except for actions raising prisoner issues1 and SocialSecurity cases,2 all CIVIL cases must be assigned to that division of thedistrict:(1)Where any natural defendant resides, where a substantial part of theevents or omissions giving rise to the claim occurred, or where anycorporate/other organization defendant does business relating to theevents or omissions alleged.(2)If none of the criteria in (A)(1) applies, then where any natural plaintiffresides or where any corporate/other organization plaintiff doesbusiness relating to the events or omissions alleged.(3)If none of the criteria in (A)(1) or (A)(2) applies, then where anycorporate/other organization defendant (B)Endorsement and Certification.

7 Counsel must endorse on the complaint thedivision where the case is assignable. The endorsement of counsel as to thedivision where such case is assignable will constitute a certification bycounsel that the case is properly assigned in compliance with this rule. (C)Transfer Between Divisions. Any case may be transferred for casemanagement or trial from one division to another division on motion of anyparty for good cause shown or sua sponte by the :Timely Service of Summons and Complaint. If a pleading asserting a claim is notserved on each party against whom a claim is asserted within 120 days after the pleading is filed,the party filing the pleading shall, within the same period, file a status report advising the courtof the identity of the party not served and why service has not been effected. This report shall beserved on all previously served parties. 1 See LOCAL Civ.

8 Rule ( ) et seq. 2 See LOCAL Civ. Rule ( ) et seq. 3 See 28 1391(c).2 SERVICE AND FILING OF PLEADINGS AND OTHER :Filing of Discovery. Interrogatories under Fed. R. Civ. P. 33 and responsesthereto, requests under Fed. R. Civ. P. 34 and responses thereto, and requests for admissionsunder Fed. R. Civ. P. 36 and responses thereto (collectively discovery material ) shall be servedupon other counsel or parties, but shall not be filed with the court . Transcripts of depositionstaken under Fed. R. Civ. P. 30 or 31 (collectively deposition ) shall not be filed with the court . The party responsible for serving the discovery material or taking the deposition shall retain theoriginal and become the custodian relief is sought with respect to any discovery material or deposition, a copy of therelevant portion of the discovery material or deposition shall be filed with the courtcontemporaneously with the filing or presentation of the request for relief.

9 See LOCAL Civ. , ( ).If discovery material or depositions are to be used at trial or are necessary to resolution ofa pretrial motion that might result in a final order on any issue, the portions to be used shall befiled with the court at the outset of the trial or at the filing of the motion insofar as their use canbe reasonably discovery material or depositions are needed for appeal purposes and are not in therecord, upon application and order of the court , the necessary discovery material or depositionsshall be filed with the district :Filing With the Clerk. (A)This court utilizes an Electronic Case Filing System (ECF) twenty-four (24) hours a day, seven (7) days a week, for receiving and storing documentsfiled in electronic form. Documents must be filed, signed, and verified byelectronic means to the extent and in the manner authorized by the court sECF Policies and Procedures Manual and other related user manuals.

10 Adocument filed by electronic means in compliance with this rule constitutesa written document for the purposes of applying these LOCAL RULES , theFederal RULES of CIVIL Procedure, and the Federal RULES of CriminalProcedure.(B)Non-electronic (paper) filing is authorized only in limited circumstances asexplained by the ECF Policies and Procedures Manual. The court isnormally open to accept non-electronic filings on all days except Saturdays,Sundays, and federal holidays. Closure on any other days will be as orderedby the court and posted on the court 's website. Non-electronic documentsmay be filed with the court Services section of the office of the clerk ofcourt at the Matthew J. Perry, Jr. United States Courthouse in Columbia; theHollings Judicial Center in Charleston; the Clement F. Haynsworth, Building in Greenville; and the McMillan Federal Building in3 Florence between the hours of 8:30 and 4:30 on a day the court isopen.