JUDICIAL PREFERENCES FOR ELECTRONICALLY FILED CASES
STANDARD PREFERENCES
The following preferences apply if the judge does not express another preference.
ACCEPTED WORD PROCESSING FORM
Unless otherwise indicated, documents submitted directly to chambers (i.e., by email) must be in WordPerfect or MS-Word format.
CONVERSION VS. SCANNING
All legal memoranda MUST be converted rather than scanned. The court encourages conversion of other documents (e.g., pleadings), which are not evidentiary attachments (e.g., affidavits, deposition excerpts, exhibits). Evidentiary attachments must be scanned.
COURTESY COPY REQUIREMENT
Send courtesy copies of motions, related memoranda, and attachments if these documents together exceed 25 pages. See Preference 4 for Courtesy Copy Form.
COURTESY COPY FORM
See Preference 3 for when courtesy copy is required.
* Courtesy copies should be printed after filing in ECF, with the ECF header printed on every page.
* If the collective document (e.g., memorandum plus exhibits) exceeds 50 pages, submit it in bound form with cover.
* Unless otherwise indicated, the courtesy copies should be delivered to chambers within three business days of filing or the request for copies.
ATTACHMENTS (Including Exhibits)
* Docket entries for all attachments must include a descriptive name (e.g., "Depos. of Bill Jones," not "Exhibit 2"). Attorney User Manual II.B.4.e. and C.5.f.
* Each attachment (including exhibits) shall be filed as a separate attachment to the main document.
FORMAT OF FILED DOCUMENTS
* Minimum one-inch margins on all sides.
* Times New Roman, Arial, or Courier New.
* Minimum 12-point type for caption, text, and footnotes.
* Only page numbers and document identification footers may appear in margins or smaller than 12-point type.
* Double space text except in indented quotations and footnotes.
PRETRIAL BRIEFS
* Send signed paper version of full pretrial brief to chambers.
* In addition, email copy of full pretrial brief (including voir dire and jury charges) to chambers in WordPerfect or MS-Word format.
* Do not file except for voir dire and requests to charge.
* Reminder: traditional (pen and ink) signatures are required on documents which are not electronically filed.
* See Roster Notice for other special pretrial instructions.
PROPOSED ORDERS
* Proposed orders are generally not necessary for simple requests such as extension of a single deadline;
* A proposed order which forms part of the motion (e.g. proposed amended scheduling orders) may be filed as an attachment to the motion in addition to submitting by email;
* Email proposed order in accepted word processing form to judge's ECF email address (listed below under Judge-Specific Preferences).
* Email should indicate if the order was requested or relates to a corresponding motion and should be copied to opposing counsel.
* Include the case number and short form of the case name in email subject line.
* Include a signature, date, and location block.
PROTECTION REQUESTS AND EXTENSIONS OF TIME
* Request for protection must be filed as Notice of Request for Protection from Court Appearance and must specify dates and reason for request;
* Request for extension of time must be by motion filed in compliance with Local Civil Rule 6.01 (not via facsimile, email, or telephone).
SIGNATURES
Signatures may appear in any of the forms allowed by the Policies and Procedures and Attorney User Manual for the type document at issue.
SOCIAL SECURITY
In Social Security cases, deliver courtesy copies of the complaint, answer and all briefs/memoranda to the Clerk's office.
COMMUNICATIONS WITH COURT
Communications to the court should normally be in the form of a FILED written communication (i.e., motion, memorandum, status report, or other traditionally filed document). All written communications from Filing Users relating to an action should be filed unless there are grounds for an ex parte communication. Other forms of communication (e.g., facsimile, mail, email, hand delivery, or phone) are prohibited unless expressly authorized by judge-specific preference, local rule, or other specific authorization.
HEARINGS
Oral argument on motions is granted on a case-by-case basis. See Local Civil Rule 7.08, DSC. Counsel should advise the court if they believe oral argument would be particularly helpful in a given matter.
OPPORTUNITIES FOR YOUNG LAWYERS
The court is aware of a trend today in which fewer cases go to trial, and in which there are generally fewer speaking or "stand-up" opportunities in court, particularly for young lawyers (i.e., lawyers practicing for less than seven years). The court strongly encourages litigants to be mindful of opportunities for young lawyers to conduct hearings before the court, particularly for motions where the young lawyer drafted or contributed significantly to the underlying motion or response. The court understands that there may be circumstances where having a young lawyer handle a hearing might not be appropriate - such as where no young lawyers were involved in drafting the motion, or where the motion might be dispositive in a "bet-the-company" type case. Even so, the court believes it is crucial to provide substantive speaking opportunities to young lawyers, and that the benefits of doing so will accrue to young lawyers, to clients, and to the profession generally. Thus, the court encourages all lawyers practicing before it to keep this goal in mind.
JUDGE-SPECIFIC PREFERENCES
Chief Judge R. Bryan Harwell
Email address for Proposed Orders:
Mailing address: U.S. District Court, P.O. Box 2317, Florence, SC 29503
Standard Preferences apply unless otherwise indicated below.
3.
Courtesy Copy Requirement: Do not send courtesy copies of any documents unless specifically requested.
7.
Pretrial Briefs: Follow Standard Preference except do not send a signed paper version of the pretrial brief to chambers. Email copy of full pretrial brief (including voir dire and jury charges) to chambers in WordPerfect or Word format.
8.
Proposed Orders: Follow Standard Preference except do not file proposed orders as attachments to any motions.
Judge David C. Norton
Email address for Proposed Orders:
Mailing address: U.S. District Court, P.O. Box 835, Charleston, SC 29402
Standard Preferences apply unless otherwise indicated below.
13.
Hearings: Consideration of Arguments - The court routinely schedules hearings on substantive motions. The court will not consider arguments raised at hearings that were not included in the parties' briefs nor will the court consider any new arguments raised in a reply brief.
Judge Richard M. Gergel
Email address for Proposed Orders:
Mailing address: U.S. District Court, P. O. Box 835, Charleston, SC 29402
Standard Preferences apply unless otherwise indicated below.
Email address for Proposed Orders:
Mailing address: U.S. District Court, 315 South McDuffie Street, 1st Floor, Anderson, SC 29624
Standard Preferences apply unless otherwise indicated below.
Judge Mary Geiger Lewis
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
3.
Courtesy Copy Requirement: Follow Standard Preference. IN ADDITION: Send a courtesy copy of any filed document that exceeds 25 pages. For matters that are referred to a Magistrate Judge, courtesy copies of dispositive motions and responses that exceed 25 pages are to be sent to Judge Lewis in addition to the Magistrate Judge. Unless specifically requested to do so by chambers, Judge Lewis requests that courtesy copies in prisoner litigation (whether state or federal habeas, 1983, or Bivens actions) no longer be sent to chambers.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies in bound form with exhibits indexed and tabbed. For trial purposes, two bound copies of exhibits are required.
12.
Communications With Court: Follow Standard Preference. In addition, no motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02 and have had a telephone conference with Judge Lewis in an attempt to resolve the matter informally. The request for a telephone conference should be made within the time limit prescribed by local rule for filing such a motion. Attorneys should send a request for a telephone conference via e-mail to Lewis_ecf@scd.uscourts.gov. The parties shall set forth their respective positions in their request.
Judge Bruce Howe Hendricks
Email address for Proposed Orders:
Mailing address: U.S. District Court, P.O. Box 835, Charleston, SC 29402
Standard Preferences apply unless otherwise indicated below.
3.
Courtesy Copy Requirement: Do not send courtesy copy of any documents unless specifically requested.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies in bound form with exhibits indexed and tabbed. For trial purposes, two bound copies of all exhibits are required.
9.
Protection Requests and Extensions of Time: Follow standard practice except in criminal cases. Counsel are advised that during the portion of criminal cases when speedy trial is an issue, the Court may not be able to grant protection for scheduled hearings. Counsel must either file a motion to continue including the specific language that the defendant is aware of his/her speedy trial rights and agrees to waive them for purposes of a continuance, or arrange for another attorney to appear on the defendant's behalf. Counsel are further advised that a written plea agreement does not stop the speedy trial clock; only the taking of a plea before a Judge has that effect.
12.
Communications With Court: Follow Standard Preference. IN ADDITION, Motions are required to be filed prior to sending a proposed order to the ECF box, unless the proposed order was requested by the Judge or is pursuant to a Joint Rule 26(f) report. In addition, prior to filing motions relating to discovery, the attorneys are required to have a telephone conference with Judge Hendricks. Attorneys should send a request for a telephone conference via e-mail to hendricks_ecf@scd.uscourts.gov with dates and times available for all parties.
Please send all emails regarding criminal cases to Hendricks_ecf@scd.uscourts.gov rather than to individual chambers' staff, and please make sure to include the defendant's name and criminal case number in the subject line.
Judge Donald C. Coggins, Jr.
Email address for Proposed Orders:
Mailing address: U.S. District Court, 201 Magnolia Street, Spartanburg, SC 29306
Standard Preferences apply unless otherwise indicated below.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies over 50 pages in bound form with exhibits indexed and tabbed. For trial purposes, two bound copies of all exhibits are required.
9.
Protection Requests and Extensions of Time: Motions for extension of time should not be filed on the date of the current deadline. Motions filed on the date of the current deadline will be denied barring a showing of extraordinary circumstances.
12.
Communications With Court: Follow Standard Preference. In addition, no motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02 and have had a telephone conference with Judge Coggins in an attempt to resolve the matter informally. The request for a telephone conference should be made within the time limit prescribed by local rule for filing such a motion. Attorneys should send a request for a telephone conference via e-mail to Coggins_ecf@scd.uscourts.gov. The parties shall set forth their respective positions in their request.
Judge Sherri A. Lydon
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies over 50 pages in bound form with exhibits indexed and tabbed.
8.
Proposed Orders: Follow Standard Preference except do not file proposed orders as attachments to any motions.
9.
Protection Requests and Extensions of Time: Motions for extension of time should not be filed on the date of the current deadline. Motions filed on the date of the current deadline will be denied barring a showing of extraordinary circumstances.
12.
Communications With Court: Follow Standard Preference. In addition, no motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02 and have had a telephone conference with Judge Lydon in an attempt to resolve the matter informally. The request for a telephone conference should be made within the time limit prescribed by local rule for filing such a motion. Attorneys should send a request for a telephone conference via email to lydon_ecf@scd.uscourts.gov. The parties shall set forth their respective positions in their request.
Judge Joseph Dawson, III
Email address for Proposed Orders:
Mailing address: U.S. District Court, P.O. Box 2317, Florence, SC 29503
Standard Preferences apply unless otherwise indicated below.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies over 50 pages in bound form with exhibits indexed and tabbed.
8.
Proposed Orders: Follow Standard Preference except do not file proposed orders as attachments to any motions.
9.
Protection Requests and Extensions of Time: Motions for extension of time should not be filed on the date of the current deadline. Motions filed on the date of the current deadline will be denied barring a showing of extraordinary circumstances.
12.
Communications With Court: Follow Standard Preference. In addition, no motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02 and have had a telephone conference with Judge Dawson in an attempt to resolve the matter informally. The request for a telephone conference should be made within the time limit prescribed by local rule for filing such a motion. Attorneys should send a request for a telephone conference via email to dawson_ecf@scd.uscourts.gov. The parties shall set forth their respective positions in their request.
Judge Jacquelyn D. Austin
Email address for Proposed Orders:
Mailing address: U.S. District Court, 250 East North Street, Greenville, SC 29601
Standard Preferences apply unless otherwise indicated below.
3.
Courtesy Copy Requirement: Follow Standard Preference except submit courtesy copies of any filed document that exceeds 25 pages and all courtesy copies
over 50 pages in bound form with exhibits indexed and tabbed. Courtesy copies should be mailed to the Greenville location: US District Court, 250 East North Street, Greenville, South Carolina 29601.
7.
Pretrial Briefs: Follow Standard Preferences. The pretrial brief information found in Local Civil Rule 26.05(A)–(M) (D.S.C.) shall be submitted only to the Judge’s chambers. However, pretrial brief information contained in Local Civil Rule 26.05(N)–(O) (D.S.C.) shall be both submitted to the Judge’s Chambers and served on opposing parties.
8.
Proposed Orders: Follow Standard Preference except do not file proposed orders as attachments to any motions.
9.
Protection Requests and Extensions of Time: Motions for extension of time should not be filed on the date of the current deadline. Motions filed on the date of the current deadline will be denied barring a showing of extraordinary circumstances.
12.
Written Communications: Follow standard preference with respect to typical case filings. Correspondence addressed to Judge Austin is strongly discouraged. If unavoidable, correspondence should be sent to austin_ecf@scd.uscourts.gov with a carbon copy to all counsel who have made an appearance in the case.
13.
Audio/Visual Exhibits: Electronic media files such as audio or video must be manually submitted on a flash drive in the following formats: Audio should be submitted in MP3 format. Video and audio/video should be submitted in MP4 format. The filer must electronically file, on the same day, a "non-standard item filing notification" notifying the court and the parties that one or more documents have been submitted on electronic media. The electronic media must also be served on the parties in accordance with the requirements for service of paper documents.
Judge Joseph F. Anderson, Jr.
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
1.
Operational Order Re: In Camera Documents concerning Cooperation Filed in Criminal Matters
Judge Henry M. Herlong, Jr.
Email address for Proposed Orders:
Mailing Address: U.S. District Court, 300 East Washington Street, Greenville, SC 29601
Standard Preferences apply unless otherwise indicated below.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies contemporaneously with the filing of the document in CM/ECF. Submit all courtesy copies exceeding 25 total pages in bound form or notebook with exhibits indexed and tabbed.
Judge Cameron McGowan Currie
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
4.
Courtesy Copy Form: Follow Standard Preference except submit all courtesy copies over 50 pages in bound form with exhibits indexed and tabbed.
7.
Pretrial Briefs: Follow Standard Preference except email copy of full pretrial brief (including voir dire and jury charges) to chambers in Word format and the full pretrial brief should be filed and served.
8.
Proposed Orders: Follow Standard Preference, except do not include signature or date block on proposed order.
Judge Terry L. Wooten
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
Email address for Proposed Orders:
Mailing address: U.S. District Court, P.O. Box 2317, Florence, SC 29503
Standard Preferences apply unless otherwise indicated below.
Magistrate Judge Paige Jones Gossett
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
Magistrate Judge Shiva V. Hodges
Email address for Proposed Orders:
Mailing address: U.S. District Court, 901 Richland Street, Columbia, SC 29201
Standard Preferences apply unless otherwise indicated below.
Magistrate Judge Kevin F. McDonald
Email address for Proposed Orders:
Mailing address: U.S. District Court, 250 East North Street, Greenville, SC 29601
Standard Preferences apply unless otherwise indicated below.
8.
Proposed Orders: Follow Standard Preference, except do not include signature or date block on proposed order.
Magistrate Judge Kaymani D. West
Email address for Proposed Orders:
Mailing address: U.S. District Court, 401 West Evans Street, Florence, SC 29501
Standard Preferences apply unless otherwise indicated below.
Magistrate Judge Mary Gordon Baker
Email address for Proposed Orders:
Mailing address: U.S. District Court, Meeting Street at Broad, Charleston, SC 29401
Standard Preferences apply unless otherwise indicated below.
9.
The parties are to notify the Court when they have agreed to extend the time to respond to a pleading pursuant to Local Civil Rule 12.01. This notification should be sent to chambers informally, by emailing baker_ecf@scd.uscourts.gov.
12.
Communications With Court: Prior to filing motions relating to discovery, the attorneys are required to have a telephone conference with Judge Baker. Attorneys should send a request for a telephone conference via e-mail to baker_ecf@scd.uscourts.gov with dates and times available for all parties. This requirement is waived when any party is proceeding pro se.
Magistrate Judge Molly H. Cherry
Email address for Proposed Orders: cherry_ecf@scd.uscourts.gov
Mailing address: U.S. District Court, P.O. Box 835, Charleston, SC 29402
Standard Preferences apply unless otherwise indicated below.
12.
Communications With Court: In addition to the standard preferences, no motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02 and, in matters where a duty to consult exists, have had a telephone conference with Judge Cherry in an attempt to resolve the matter informally. The request for a telephone conference should be made within the time limit prescribed by local rule for filing such a motion. Attorneys should send a request for a telephone conference via email to cherry_ecf@scd.uscourts.gov with dates and times on which all are available.
Magistrate Judge Robert L. Buchanan, Jr.
Email address for Proposed Orders:
Mailing address: U.S. District Court, P.O. Box 463, Aiken, SC 29802
Standard Preferences apply unless otherwise indicated below.
10.
Filings in Central Violations Bureau (CVB) cases heard in Columbia made by an ECF registered e-filer may be "s/" signed and submitted via email to filingdocs_ecf_cola@scd.uscourts.gov. Please include "CVB" in the subject line. The Clerk of Court is authorized to serve orders and notices in CVB cases heard in Columbia on attorneys via email. Filings made by non-ECF registered Special Assistant US Attorneys in CVB cases heard in Columbia must be hand-signed and filed in the traditional method. In time sensitive situations, filings made by non-ECF registered Special Assistant US Attorneys in CVB cases heard in Columbia may be scanned and emailed to the Court at filingdocs_ecf_cola@scd.uscourts.gov, provided that the filer has contacted the clerk's office to request/receive permission to do so and the original document is promptly submitted to Clerk's Office either via postal mail or hand delivery.
Magistrate Judge William S. Brown
Email address for Proposed Orders:
Mailing address: U.S. District Court, 250 East North Street, Greenville, SC 29601
Standard Preferences apply unless otherwise indicated below.
8.
Proposed Orders: Follow Standard Preference, except do not include signature or date block on proposed order.