Filing Procedures

Where to File

All pleadings, including originals and copies for the judge, must be filed with the Clerk's Office. This is done to prevent confusion. Even if the judge is expecting a document from you, it should be filed with the Clerk. Please let the Clerk know if any emergency situation exists when you file a document.

Emergency filings after business hours: If a filing cannot be made during normal business hours, (Monday through Friday, 9:00 a.m. to 4:30 p.m.), but the document must be filed that day, please call (during normal business hours) the clerk's office in the division where the filing is to be made to make the necessary arrangements.

The phone numbers for each divisional office are as follows:

Documents can be filed in any division in the district that accepts filings. However, to expedite processing, please file according to the following list:

• Divisions 2 (Charleston) and 9 (Beaufort) are housed in Charleston;
• Divisions 1 (Aiken), 3 (Columbia), 5 (Orangeburg) and 0 (Rock Hill) are housed in Columbia;
• Division 4 (Florence) is housed in Florence;
• Divisions 6 (Greenville), 7 (Spartanburg), and 8 (Anderson/Greenwood)are housed in Greenville.

Exception: Social Security and Prisoner 2254 and 1983 cases are housed in the location of the assigned magistrate judge.

Format for Filing

Effective March 4, 2002 the Clerk's Office will begin scanning and saving all newly filed documents into the Court's image retrieval system. This will enable subscribers to PACER to view and retrieve actual documents. Information is current through the close of business (5:00 pm) of the previous day. Parties filing documents are requested to adhere to the following procedures to speed the efficiency of processing:

• Do not staple, spiral bind or velobind original documents; please use only paper clips, binder clips or rubber bands to bind original documents. Copies may be stapled or otherwise bound.
• Do not separate attachments or exhibits with tabs. Copies may be tabbed. Although we are requesting that you do not separate attachments or exhibits with tabs, a table of contents page is welcome.
• Two-hole punch original documents at the top to facilitate insertion in the file jacket. Copies should also be two-hole punched at the top of the document.

Paper Size

All pleadings must be on 8 ½" x 11" paper, double-spaced.

Copies Required

All pleadings must be filed as follows:

Regular Civil Action: one (1) original plus one (1) copy.
Regular Criminal Action: one (1) original plus one (1) copy.
Three-Judge Panel: one (1) original plus two (2) copies.
Civil Inmate: one (1) original.
Social Security Cases: one (1) original.

NOTE: This listing is the Court's requirements only. This listing does NOT include copies for service.

Style

• Please note that "et al" is not acceptable in the case caption of the Summons, Complaint, or Notice of Removal.

• It is acceptable to use "et al" in subsequent filings.

• All subsequent pleadings must have a concise title.

• Numbering the parties in the case caption will enhance accuracy.

• Type or print all parties in the case caption with accurate capitalization and spacing for each party. Examples: Martha vanDerkloot, James De´ Borne

• Do not prepare a separate summons for each defendant in a multiple defendant case.

• If an affidavit is not attached to a pleading, it must have a cover page with the heading, style, case number and the title of the pleading it supports.

Signature Block

Each attorney or pro se litigant must sign the last page of the complaint and all subsequent filings, and list address, telephone number and Federal I.D. number. See Local Rule 83.I.04.

Service of Process

The plaintiff filing a new lawsuit has two options as far as service is concerned.

1. A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under Fed.R.Civ.P. 4 (m) and shall furnish the person effecting service with the necessary copies of the summons and complaint.

   See Forms for Summons.

2. Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving costs of service of the summons and complaint. Waiver of Service of Summons provides for an alternative to service. Waiver of Service is accomplished when the plaintiff provides each defendant (but not an incompetent person or an infant) with a written Notice of Lawsuit and Request for Waiver along with a Waiver of Service of Summons for the defendant's response along with a copy of a newly filed civil complaint. You can also use the Notice of Lawsuit and Waiver of Service in an existing civil action whenever parties are added to the lawsuit via an Amended Complaint, Third Party Complaint, etc.

   See Forms for Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons.

   A defendant who is served with a Notice of Lawsuit and Request for Waiver of Service must return the executed Waiver of Service and Summons form to the plaintiff within 30 days of the date the Notice of Lawsuit and Request for Waiver of Service was mailed. Defendant's answer is due 60 days from the date the plaintiff mailed the waiver. (All deadlines are calculated from date of mailing, not from date of receipt.) By waiving service, a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received.

   A written request to withhold issuance of summons must be submitted if no service is to be issued. Forms are available in the Clerk's Office.

   See Forms for Request to Withhold Issuance of Summons.

   NOTE Re: Certificate of Service: (Fed.R.Civ.P. 5)

After service of the complaint, every pleading, brief, or memorandum filed must include a certificate of service stating that copies have been served on all parties or their attorneys.

Discovery

As soon as practicable but in any event, within 90 days after the appearance of a defendant and the complaint has been served, (Fed.R.Civ.P. 16(b)), the court will fix a scheduling order setting a time limit for discovery for those cases which are not exempt from Fed.R.Civ.P. 26(a)(1)(E). Discovery in exempt cases must be completed within ninety (90) days of the joinder of issues unless otherwise ordered. See Local Rule 26.04.

1. Filings

   Except as provided in "b" below, in the District of South Carolina, Interrogatories and Answers under Rule 33, Fed.R.Civ.P., Requests for Production or Inspection under Rule 34, Fed.R.Civ.P., and Requests for Admission under Rule 36, Fed.R.Civ.P., shall be served upon other counsel or parties, but shall not be filed with the Clerk, except in support of a motion filed under Rules 26(c) or 37, Fed.R.Civ. P. or at the outset of trial. See Local Rules 5.01 and 7.04 and 7.06.

2. Notice of Deposition and Issuance of Deposition Subpoena

   In order for a deposition subpoena to be issued by the Clerk's Office, the original and one copy of the Notice of Deposition must be filed.

   1. The Notice of Deposition should include:
      1. name and complete address of person being deposed;
      2. time of deposition;
      3. date of deposition;
      4. complete address of location where deposition is to be taken; and
      5. original, signed Certificate of Service.

   2. A deposition subpoena will be issued by the Clerk's Office only if the original Notice of Deposition is on file with the Clerk or is presented for filing at the time the subpoena is to be issued. The information contained in the notice must be the same as that on the subpoena. The deposition subpoena will issue from the court where the deposition is to be held.

3. Out-of-state Subpoena

   An out-of-state subpoena may be required when a deposition is to be taken in a district other than that in which the case is pending. Procedures for filing a Notice to Take Deposition may vary in different districts. The District of South Carolina requires the following:

   1. A copy of the Notice to Take Deposition with the Certificate of Service bearing a signature on each.
   2. A fee of $30.00 per notice (not per name), payable to "Clerk, US District Court."

   Note: The deposing party is responsible for the payment of witness fees as required by law. (Refer to 28 US Code, Section 1821.) Federal Rule of Civil Procedure 45 (a)(3) permits attorneys to issue their own subpoenas (civil cases only) without assistance from the Clerk's Office. Subpoena Forms are available in the Clerk's Office.

4. Supplementing Discovery on Appeal

   When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the court, the necessary discovery papers shall be filed with the Clerk.

5. Interrogatories

   Fed.R.Civ.P. 33 (a) places limits on the number of written interrogatories served by each party, without leave of court or written stipulation.

Motions and Memoranda (Local Civil Rule 7.01-7.10)

1. Each motion made other than in a hearing or trial or to compel discovery shall be timely filed with an accompanying memorandum setting forth the authorities and legal principles in support thereof. (See Local Rule 7.04).

2. A memorandum in opposition must be filed with the Clerk within fifteen (15) days of the service of the motion. (See Local Rule 7.06).

3. Unless an exception is granted by the court, no memorandum shall exceed:
   1. 35 double-spaced pages for an initial memorandum. (See Local Rule 7.04).
   2. 15 double-spaced pages for a reply memorandum. (See Local Rule 7.07).

4. Motions for Enlargement of Time or Extension of Discovery shall be accompanied by an affidavit or other statement giving the reasons therefor along with a proposed consent order. (See Local Rule 6.01)

5. Motions to Compel Discovery: An explanation of the basis of motion to compel (or in opposition) is required. (See Local Rule 7.04 and 7.06).

Trial Exhibits

Five business days prior to the date set for submission for pretrial briefs, attorneys must meet, mark exhibits, and either agree on admissibility or notify the court of any objection in the pretrial brief. All exhibits must be numerically marked with exhibit stickers provided by the Clerk. An exhibit list must be submitted in all cases. See Local Rule 26.07.

Deficient Pleadings

Pursuant to Federal Rule of Civil Procedure 5(e), the Clerk of Court shall "...not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices." The Clerk's Office, however, does inspect papers for such deficiencies which then are brought to the attention of the judge. The presiding judge in the case may then direct the Clerk of Court to return any deficient pleading or have the attorney correct the deficiency. (See Forms.)

Filing Fees

CM/ECF users are required to pay fees online.

Click HERE for details.

Click HERE for the complete schedule of court fees.