procedural guides

US District of South Carolina Local Rules Amended

 

US District Court of South Carolina Local Rules were amended November 15, 2013. While the majority of amendments streamline language and combine rules, there are some changes of substance.

 

 

 

Non-electronic filing is now only authorized in limited circumstances.  Rule 1.05

Proposed amended scheduling orders are now required only if more than one deadline is affected. Rule 6.01

Motions to stay under local rule 16.00 are now excepted from the requirement to confer with opposing counsel prior to filing. Rule 7.02

Rule 7.05 now gives specific instructions for attachments to memoranda.

Orders to the court no longer need to be submitted in hard copy, electronic form is now sufficient. Rule 7.10

Rule 12.01 states that one extension of time to respond to a pleading can be made in writing.  It has been amended to state that further extensions may be sought by motion.

Stays of deadlines and entries of scheduling orders no longer require a proposed order. Rule 16.01

Until this amendment parties could decline to participate in mediating by simply notifying the court. Now requests for relief from mediation requirements must be made by motion with good cause shown. Rule 16.05

The initial mediation conference is now to be held within twenty-eight days of appointment of a mediator.  Formerly parties had thirty days. Rule 16.07

When answering interrogatories, providing an email address is now a requirement. Rule 26.02

Jury instructions are still to be submitted to the court seven days prior to trial but the requirement has been moved from rule 26.05(O) to rule 26.09.

Requirements for petitions for attorney’s fees now apply when a common fund is created and a percentage-fee method is sought in the application. Rule 54.02

Rule 73.02(C) Method of Case Assignment now states that related cases will be assigned to the same Magistrate Judge.

Attorneys not admitted in the District are now required to certify that they have read rule 30.04 Conduct During Depositions. Rule 83.I.05

Rule 83.I.07 Withdrawal of Appearance now states that when an attorney’s withdrawal leaves a client unrepresented the motion served on the client shall inform the client that an objection to the withdrawal may be made by letter within 17 days of the date of filing.

Rule 83.III.03 now restricts no-charge copies of public records for representatives of federal agencies to records that are unavailable through electronic access.

Three copies of pleadings are no longer required as this is unnecessary with electronic filing, so rule 83.VII.01 has been deleted.  This change has not yet been made to the Judicial Preferences for Electronically Filed Cases.

 

See SmartRules Civil Litigation guides for up-to-date information for the United States District Court District of South Carolina.

 

Source:  http://www.scd.uscourts.gov/navtop/rules.asp