LOCAL CIVIL RULES UNITED STATES DISTRICT COURT

LOCAL CIVIL RULES

for the

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

(February 22, 2023)

TABLE OF CONTENTS

SCOPE AND PURPOSE OF LOCAL CIVIL RULES

1.01 Scope ..................................................................................................................... 1

1.02 Suspension or Modification .................................................................................. 1

1.03 Modification and Implementation of Federal Rules ............................................. 1

1.04 District Court Web Site ......................................................................................... 1

1.05 Format Requirements for Filed Documents .......................................................... 1

1.06 Duties of the Clerk of Court .................................................................................. 1

DIVISION ASSIGNMENT AND TRANSFER

3.01 Venue in Civil Cases ............................................................................................. 2

SUMMONS

4.01 Timely Service of Summons and Complaint ........................................................ 2

SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

5.01 Filing of Discovery ............................................................................................... 3

5.02 Filing with the Clerk ............................................................................................. 3

5.03 Filing Documents under Seal ................................................................................ 4

5.04 Filing Documents by Electronic Means ................................................................ 5

5.05 Service of Documents by Electronic Means by

Unrepresented Persons .......................................................................................... 5

5.06 Substitution, Correction, and Removal of

Electronically Filed Documents ............................................................................ 5

MOTIONS TO ALTER TIME

6.01 Motions to Alter Time .......................................................................................... 6

6.02 Protection Requests ............................................................................................... 6

PLEADINGS ALLOWED: FORM OF MOTIONS

7.01 Filing of Motions .................................................................................................. 6

7.02 Duty to Consult Before Filing any Motion ............................................................ 6

7.03 Motions to be Promptly Filed ............................................................................... 7

7.04 Supporting Memoranda ........................................................................................ 7

7.05 Form and Content of Memoranda ......................................................................... 7

7.06 Responses to Motions ........................................................................................... 9

7.07 Replies ................................................................................................................... 9

7.08 Hearings on Motions ............................................................................................. 9

7.09 Frivolous or Delaying Motions ............................................................................. 9

7.10 Draft Orders Submitted by Counsel ...................................................................... 9

TIME

12.01 Extensions of Time to Respond to a Pleading .................................................... 10

PRETRIAL CONFERENCES, SCHEDULING, AND MANAGEMENT

16.00 Exemptions and Stay of Deadlines ..................................................................... 11

16.01 Scheduling Order ................................................................................................ 12

16.02 Scheduling Conference and Scheduling Order Content ..................................... 12

16.03 Alternative Dispute Resolution Statement

and Certification .................................................................................................. 15

16.04 Mediation: Definitions ....................................................................................... 15

16.05 Relief from Mediation Requirement ................................................................... 15

16.06 Appointment of Mediator ................................................................................... 15

16.07 The Mediation Conference ................................................................................. 16

16.08 Duties of the Parties, Representatives, and

Attorneys at Mediation ....................................................................................... 16

16.09 Sanctions for Failure to Attend Mediation Conference ...................................... 17

16.10 Authority and Duties of Mediators ..................................................................... 17

16.11 Compensation of the Mediator ............................................................................ 19

16.12 Mediator Certification and Decertification ......................................................... 19

16.13 Expedited Trial .................................................................................................... 21

16.14 Expedited Trial: Request and Conference ......................................................... 21

16.15 Expedited Trial Conference ................................................................................ 22

MINORS AND INCOMPETENT PARTIES

17.01 Representation ..................................................................................................... 23

17.02 Settlement or Dismissal of Actions ..................................................................... 23

17.03 Approval of Counsel Fees and Payment of Judgments ...................................... 23

GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

26.01 Interrogatories to be Answered by Each Party ................................................... 24

26.02 Rules for Answering Court Interrogatories ......................................................... 25

26.03 Rule 26(f) Report ................................................................................................ 26

26.04 Pretrial Discovery for Civil Actions Exempted from

Fed. R. Civ. P. 26(a)(1) ....................................................................................... 27

26.05 Civil Pretrial Briefs ............................................................................................. 28

26.06 Supplementation of Civil Pretrial Briefs and

Disclosures .......................................................................................................... 30

26.07 Trial Exhibits ...................................................................................................... 30

26.08 Protective Orders and Agreements ..................................................................... 31

26.09 Pretrial Submission of Proposed Jury Instructions ............................................. 31

26.12 Disclosure ........................................................................................................... 31

STIPULATIONS REGARDING DISCOVERY PROCEDURES

29.01 Stipulations Regarding Discovery Procedures .................................................... 31

DEPOSITIONS UPON ORAL EXAMINATION

30.01 Limitations on Depositions ................................................................................. 32

30.02 Objections to Telephone Depositions ................................................................. 32

30.03 Video Depositions ............................................................................................... 32

iii

30.04 Conduct During Depositions ............................................................................... 32

DEPOSITIONS UPON WRITTEN QUESTIONS ..................................................................... 34

31.01 Limitations on Depositions ................................................................................. 34

USE OF DEPOSITIONS IN COURT PROCEEDINGS ............................................................ 34

32.01 Excerpts from Depositions to be Offered at Trial ............................................... 34

INTERROGATORIES TO PARTIES ........................................................................................ 34

33.01 Limitations on Interrogatories ............................................................................. 34

FAILURE TO MAKE DISCLOSURE OR COOPERATE IN DISCOVERY ........................... 34

37.01 Motions to Compel Discovery ............................................................................ 34

37.02 Sanctions ............................................................................................................. 35

SELECTION OF JURORS

47.01 Jury Selection Plan .............................................................................................. 35

47.02 Use of Juror Questionnaires ................................................................................ 35

47.03 Jury Lists ............................................................................................................. 35

47.04 Examination of Jurors ......................................................................................... 35

47.05 Contact with Trial Jurors .................................................................................... 36

47.06 Responsibilities of the United States Marshal .................................................... 36

NUMBER OF JURORS - PARTICIPATION IN VERDICT

48.01 Number of Jurors ................................................................................................ 36

JUDGMENTS AND COSTS

54.01 Assessment of Jury Costs .................................................................................... 37

54.02 Petition for and Interest on Attorney’s Fees ....................................................... 37

54.03 Application for Costs .......................................................................................... 37

DISTRICT COURTS AND CLERKS

55.01 Orders and Judgments ......................................................................................... 38

STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

62.01 Stay by Bond or other Security ........................................................................... 38

62.02 Stay must Ordinarily be Sought in the First Instance

in Trial Court; Motion for Stay in Appellate Court ............................................ 39

SEIZURE OF PERSON OR PROPERTY

64.01 Seizure of Person or Property ............................................................................. 39

TEMPORARY RELIEF ORDER

65.01 Temporary Relief Order ...................................................................................... 39

DEPOSIT IN COURT

67.01 Deposit of Registry Funds in Interest-Bearing

Accounts ............................................................................................................. 40

CONDEMNATION OF PROPERTY

71.01 Land Condemnation Proceedings ....................................................................... 41

UNITED STATES MAGISTRATE JUDGES

73.01 Authority of United States Magistrate Judges .................................................... 41

73.02 Assignment of Duties to Magistrate Judges ........................................................ 42

73.03 Special Provisions for Consent for Reference of

Civil Cases under 28 U.S.C. Section 636(c) ....................................................... 45

RULES BY DISTRICT COURT

ATTORNEYS AND STUDENT PRACTICE

83.I.01 Roll of Attorneys ................................................................................................ 45

83.I.02 Eligibility ............................................................................................................ 45

83.I.03 Procedure for Admission .................................................................................... 46

83.I.04 Representation by Local Counsel Who Must

Sign all Pleadings ................................................................................................ 47

83.I.05 Appearances by Attorneys not Admitted in

the District ........................................................................................................... 47

83.I.06 Pleadings, Service, and Attendance by Local Counsel

in Cases Where Out-of-State Attorneys Appear ................................................. 49

83.I.07 Withdrawal of Appearance ................................................................................. 49

83.I.08 Rules of Disciplinary Enforcement ..................................................................... 50

EXHIBITS AND COURT REPORTERS

83.II.01 Handling of Exhibits ......................................................................................... 62

83.II.02 Court Reporters ................................................................................................. 63

FAIR TRIAL DIRECTIVES

83.III.01 Court Personnel ................................................................................................ 63

83.III.02 Attorneys .......................................................................................................... 63

83.III.03 Copies of Public Records ................................................................................. 63

83.III.04 Conduct of Judicial Proceedings ...................................................................... 63

83.III.05 Photographing and Reproducing Court Proceedings ....................................... 63

REMOVAL PROCEDURES

83.IV.01 Service and Filing of Notice of Removal ........................................................ 64

83.IV.02 Contents of Notice of Removal ....................................................................... 64

PRETRIAL BRIEF REQUIREMENTS ..................................................................................... 64

CONDUCT OF TRIAL

83.VI.01 Opening Statement ........................................................................................... 64

83.V1.02 Examination of Witness .................................................................................. 64

83.VI.03 Scope of Redirect ............................................................................................. 64

83.VI.04 Closing Argument of Counsel ......................................................................... 64

83.VI.05 Excusing Witnesses ......................................................................................... 64

SOCIAL SECURITY CASES

83.VII.01 Copies of Pleadings ........................................................................................ 65

83.VII.02 Initial Service of Process ................................................................................ 65

83.VII.03 Reference to Magistrate Judge ....................................................................... 65

83.VII.04 Answer to the Commissioner ......................................................................... 65

83.VII.05 Expediting Cases ............................................................................................ 65

83.VII.06 Petitioner’s Brief ............................................................................................ 65

83.VII.07 Commissioner’s Brief ..................................................................................... 65

83.VII.08 Service of Briefs ............................................................................................. 66

83.VII.09 Objections to Report and Recommendation ................................................... 66

83.VII.10 Application for Attorney’s Fees ..................................................................... 66

ACTIONS FILED BY PRISONERS

83.VIII.01 Filing of Civil Rights Actions ....................................................................... 67

83.VIII.02 Procedure for State, Federal, and Local Prisoners

Seeking to Proceed In Forma Pauperis ................................................... 67

83.VIII.03 Filing of Habeas Corpus Actions .................................................................. 67

83.VIII.04 Successive Habeas Corpus Petitions ............................................................. 67

83.VIII.05 Federal, State, and Local Prisoners Seeking Relief

Under 28 U.S.C. Section 2241 ................................................................ 67

83.VIII.06 State and Local Prisoners Seeking Relief

Under 28 U.S.C. Section 2241 ................................................................ 67

83.VIII.07 Forms on Electronic Media ........................................................................... 67

BANKRUPTCY PRACTICE

83.IX.01 Referral to Bankruptcy Judges ......................................................................... 68

83.IX.02 Local Civil Rules of Bankruptcy Practice ....................................................... 68

83.IX.03 Jury Trials by Bankruptcy Judges .................................................................... 68

83.IX.04 Disciplinary Rules ........................................................................................... 68

SCOPE AND PURPOSE OF LOCAL CIVIL RULES

1.01: Scope. These Local Civil Rules of practice shall govern the conduct of the United

States District Court for the District of South Carolina, except when the conduct of this court is

governed by federal statutes and rules. These rules shall be cited as follows: “Local Civ.

Rule_____ (D.S.C.).” Local civil rule numbers correspond to the Federal Rules of Civil

Procedure.

1.02: Suspension or Modification. For good cause shown in a particular case, the court

may suspend or modify any Local Civil Rule.

1.03: Modification and Implementation of Federal Rules.

[Deleted effective December 1, 2000.]

1.04: District Court Web Site. The district court maintains a Web site

(www.scd.uscourts.gov) from which the following may be obtained:

(A) Federal and local rules of procedure.

(B) Court location and contact information.

(D) Judicial preferences.

1.05: Format Requirements for Filed Documents. The following format is required for

all pleadings, motions, and supporting memoranda:

(A) Minimum one-inch margins on all sides.

(B) Times New Roman, Arial, or Courier New font.

(D) Only page numbers and document identification footers may appear in

margins or smaller than 12-point type.

(E) Double space text except in indented quotations and footnotes.

1.06: Duties of the Clerk of Court. Duties assigned or authority given to the clerk of

court by these rules may be performed or exercised by the clerk of court or his or her

designee(s).

DIVISION ASSIGNMENT AND TRANSFER

3.01: Venue in Civil Cases.

(A) Division Assignment. Except for actions raising prisoner issues

and Social

Security cases,

all civil cases must be assigned to that division of the

district:

(1) Where any natural defendant resides, where a substantial part of the

events or omissions giving rise to the claim occurred, or where any

corporate/other organization defendant does business relating to the

events or omissions alleged.

(2) If none of the criteria in (A)(1) applies, then where any natural

plaintiff resides or where any corporate/other organization plaintiff

does business relating to the events or omissions alleged.

(3) If none of the criteria in (A)(1) or (A)(2) applies, then where any

corporate/other organization defendant resides.

(B) Endorsement and Certification. Counsel must endorse on the complaint the

division where the case is assignable. The endorsement of counsel as to the

division where such case is assignable will constitute a certification by

counsel that the case is properly assigned in compliance with this rule.

management or trial from one division to another division on motion of any

party for good cause shown or sua sponte by the court.

SUMMONS

4.01: Timely Service of Summons and Complaint. If a pleading asserting a claim is not

served on each party against whom a claim is asserted within 90 days after the pleading is filed,

the party filing the pleading shall, within the same period, file a status report advising the court

of the identity of the party not served and why service has not been effected. This report shall be

served on all previously served parties.

See Local Civ. Rule 83.VIII.01 (D.S.C.) et seq.

See Local Civ. Rule 83.VII.01 (D.S.C.) et seq.

See 28 U.S.C. § 1391(c).

SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

5.01: Filing of Discovery. Interrogatories under Fed. R. Civ. P. 33 and responses

thereto, requests under Fed. R. Civ. P. 34 and responses thereto, and requests for admissions

under Fed. R. Civ. P. 36 and responses thereto (collectively “discovery material”) shall be served

upon other counsel or parties, but shall not be filed with the court. Transcripts of depositions

taken 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 the

original and become the custodian thereof.

If relief is sought with respect to any discovery material or deposition, a copy of the

relevant portion of the discovery material or deposition shall be filed with the court

contemporaneously with the filing or presentation of the request for relief. See Local Civ. Rules

7.04, 7.06 (D.S.C.).

If discovery material or depositions are to be used at trial or are necessary to resolution of

a pretrial motion that might result in a final order on any issue, the portions to be used shall be

filed with the court at the outset of the trial or at the filing of the motion insofar as their use can

be reasonably anticipated.

When discovery material or depositions are needed for appeal purposes and are not in the

record, upon application and order of the court, the necessary discovery material or depositions

shall be filed with the district court.

5.02: 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 documents

filed in electronic form. Documents must be filed, signed, and verified by

electronic means to the extent and in the manner authorized by the court’s

ECF Policies and Procedures Manual and other related user manuals. A

document filed by electronic means in compliance with this rule constitutes

a written document for the purposes of applying these Local Rules, the

Federal Rules of Civil Procedure, and the Federal Rules of Criminal

Procedure.

(B) Non-electronic (paper) filing is authorized only in limited circumstances as

explained by the ECF Policies and Procedures Manual. The court is

normally open to accept non-electronic filings on all days except Saturdays,

Sundays, and federal holidays. Closure on any other days will be as ordered

by the court and posted on the court's website. Non-electronic documents

may be filed with the Court Services section of the office of the clerk of

court at the Matthew J. Perry, Jr. United States Courthouse at 901 Richland

Street in Columbia; the United States District Courthouse at 85 Broad Street

in Charleston; the Carroll A. Campbell, Jr. United States Courthouse at 250

East North Street in Greenville; and the McMillan Federal Building at 401

West Evans Street in Florence between the hours of 8:30 a.m. and 4:30 p.m.

on a day the court is open.

If for any reason it is necessary to file non-electronic documents between the hours of

4:30 p.m. and 12:00 midnight for documents due that day, such emergency filings can be

accomplished if the party making the request contacts the clerk of court during the hours of 8:30

a.m. to 4:30 p.m. to make arrangements to accept the after-hours filing. The clerk of court is

authorized to accept the entire document, or a portion thereof, by having the party fax the

document to a designated fax number. The party must also subsequently deliver the original

document to the office of the clerk of court by 9:30 a.m. on the first day that the court is open

following the request. Documents received under this procedure shall be filed as of the date the

facsimile copy was received by the court.

5.03: Filing Documents Under Seal. Absent a requirement to seal in the governing rule,

statute, or order, any party seeking to file documents under seal shall follow the mandatory

procedure described below. Failure to obtain prior approval as required by this rule shall result in

summary denial of any request or attempt to seal filed documents. Nothing in this rule limits the

ability of the parties, by agreement, to restrict access to documents that are not filed with the court.

See Local Civ. Rule 26.08 (D.S.C.).

(A) A party seeking to file documents under seal shall file and serve a “Motion

to Seal” accompanied by a memorandum, see Local Civ. Rule 7.04

(D.S.C.), and the attachments set forth below in (B) and (C). The

memorandum shall (1) identify, with specificity, the documents or portions

thereof for which sealing is requested; (2) state the reasons why sealing is

necessary; (3) explain (for each document or group of documents) why less

drastic alternatives to sealing will not afford adequate protection; and (4)

address the factors governing sealing of documents reflected in controlling

case law. E.g., Ashcroft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000);

In re Knight Publ’g Co., 743 F.2d 231, 235 (4th Cir. 1984).

(B) The motion shall be accompanied by (1) a non-confidential, descriptive

index of the documents at issue and (2) counsel’s certification of

compliance with this rule.

Submitted to Court in Connection with Motion to Seal” shall be submitted

with the motion. The sealed attachment shall contain the documents at issue

for the court’s in camera review and shall not be filed. The court’s docket

shall reflect that the motion and memorandum were filed and were

supported by a sealed attachment submitted for in camera review.

(D) The clerk of court shall provide public notice of the motion to seal in the

manner directed by the court. Absent direction to the contrary, this may be

accomplished by docketing the motion in a manner that discloses its nature

as a motion to seal.

(E) No settlement agreement filed with the court shall be sealed pursuant to the

terms of this rule.

5.04: Filing Documents by Electronic Means.

[Deleted effective November 15, 2013; Incorporated into Local Civ. Rule 5.02(A)

(D.S.C.).]

5.05: Service of Documents by Electronic Means by Unrepresented Persons. A person

not represented by an attorney may not serve documents by electronic means unless provided

and authorized by the court’s ECF Policies and Procedures Manual and other related user

manuals.

5.06: Substitution, Correction, and Removal of Electronically Filed Documents.

Nothing in this rule precludes the clerk of court (1) on request of the filing party, from accepting

and substituting a corrected document that properly redacts or removes any personal identifiers

or other information protected from disclosure by statute, rule, regulation, or policy and

procedures officially adopted by this district or (2) on request of a party with the consent of all

other parties, from accepting and substituting a redacted document for a previously filed

document for any other reason. All other requests to redact the content of a previously filed

document, or to remove it from the docket, shall be granted only upon motion and order.

Nothing in this rule limits the authority of the clerk of court to correct filing entries or require

parties to file or submit corrected documents to conform to the formatting, technical, or other

requirements of this district’s electronic filing procedures.

MOTIONS TO ALTER TIME

6.01: Motions to Alter Time. Requests for enlargement or shortening of time (except as

otherwise allowed by consent under Local Civ. Rules 12.01, 29.01, 37.01 (D.S.C.)) must be by

motion and accompanied by an affidavit or other statement giving the reasons therefor.

Motions for extension should also include the following information: (1) the date of the

current deadline; (2) whether the deadline has previously been extended; (3) the number of

additional days requested, as well as the proposed date of the new deadline; and (4) whether the

extension requested would affect other deadlines.

If the request for an extension of time would

affect more than one deadline in the scheduling order, a proposed amended scheduling order in

the form used by the assigned judge, including all deadlines not then expired, shall be attached to

the motion.

Motions for extension of time for completion of discovery will be granted only in

unusual cases and upon a showing that the parties have diligently pursued discovery during the

originally specified period. This showing requires a specification of the discovery (including

depositions by witness name and date) that has been completed and the depositions (including

witness name) and other discovery that remain to be completed.

6.02: Protection Requests. A request for protection from trial or other appearance shall

be directed to the judge to whom an action is assigned. Such requests should (1) identify the

action(s) in which protection is sought by short caption and civil action number; (2) identify the

dates and reasons for which protection is sought; (3) provide any other information relevant to

the request; and (4) comply with any other requirements imposed by the judge to whom the

action is assigned.

PLEADINGS ALLOWED: FORM OF MOTIONS

7.01: Filing of Motions. All motions shall be filed with the court.

7.02: Duty to Consult Before Filing Any Motion. Absent exemption in the governing

federal or local civil rule or as set forth below, all motions shall contain an affirmation by the

movant’s counsel that prior to filing the motion he or she conferred or attempted to confer with

opposing counsel and attempted in good faith to resolve the matter contained in the motion. If a

conference could not be held despite an attempt to do so, counsel shall explain why such

Scheduling orders generally allow a minimum amount of time between the various deadlines

listed in Local Civ. Rules 16.01, 16.02 (D.S.C.) to ensure the orderly progress of the case. (For

example, sufficient time is required between the motion deadline and trial date to brief and

resolve any motion.)

conference could not be held. Counsel is under no duty to consult with a pro se litigant. The

following motions are excluded from this rule:

(A) Motion to dismiss.

(B) Motion for summary judgment.

(D) Other similar dispositive motions.

(E) Motions filed in real estate mortgage foreclosure cases.

(F) Motion to stay under Local Civ. Rule 16.00(C) (D.S.C.).

7.03: Motions to Be Promptly Filed. Attorneys are expected to file motions

immediately after the issues raised thereby are ripe for adjudication.

7.04: Supporting Memoranda. All motions made other than in a hearing or trial or to

compel discovery shall be timely filed with an accompanying supporting memorandum that shall

be filed and made part of the public record. However, unless otherwise directed by the court, a

supporting memorandum is not required if a full explanation of the motion as set forth in Local

Civ. Rule 7.05 (D.S.C.) is contained within the motion and a memorandum would serve no

useful purpose. Where appropriate, motions shall be accompanied by affidavits or other

supporting documents.

Any motion to compel discovery shall set forth the grounds for the motion, including a

statement explaining why the discovery should be had within the context of the action (where the

motion challenges objections) or the relevant dates of service and facts demonstrating

noncompliance or supporting a challenge to the sufficiency of the response. Legal authorities

need not be included in the statement unless unusual legal issues are present or a privilege has

been asserted. Relevant portions of the discovery material shall be filed with the motion. See

Local Civ. Rules 5.01, 37 (D.S.C.).

7.05: Form and Content of Memoranda.

(A) A memorandum shall contain the following:

(1) A concise summary of the nature of the case.

(2) A concise statement of the facts that pertain to the matter before the

court for ruling with reference to the location in the record.

(3) The argument (brevity is expected) relating to the matter before the

court for ruling with appropriate citations.

(4) Where the memorandum opposes a motion for summary judgment, a

concise statement of the material facts in dispute with reference to the

location in the record.

(5) Any special content required by any federal or local civil rule

governing the subject matter of the motion.

(B) Unless an exception is granted by the court, no memorandum shall exceed:

(1) Thirty-five (35) double-spaced pages, in the case of an initial brief of

any party (Local Civ. Rules 7.04, 7.06 (D.S.C.)).

(2) Fifteen (15) double-spaced pages, in the case of any reply (Local Civ.

Rule 7.07 (D.S.C.)).

The page limitation is exclusive of affidavits, supporting documentation,

and copies of authority required to be attached by Local Civ. Rule 7.05(C)

(D.S.C.).

(1) Exhibits. Docket entries for all attachments must include a descriptive

name (for example, “Dep. of Bill Jones,” not “Exhibit 2”). Each

attachment (including exhibits) shall be filed as a separate attachment

to the main document.

(2) Copies of any unpublished decisions not readily available online and

decisions published in the various specialized reporting services,

Additional content and timing requirements for specific motions are addressed in separate rules

relating to the subject matter of the motion. E.g., Local Civ. Rule 5.03 (D.S.C.) (Filing

Documents under Seal); Local Civ. Rule 6.01 (D.S.C.) (Motion for Enlargement or Shortening

of Time); Local Civ. Rule 6.02 (D.S.C.) (Protection Requests); Local Civ. Rule 7.04 (D.S.C.)

(second paragraph addressing motion to compel discovery); Local Civ. Rule 16.00(C) (D.S.C.)

(Stay of Deadlines and Entry of Scheduling Orders); Local Civ. Rule 17.02 (D.S.C.) (minor

settlements); Local Civ. Rule 30.04(C) (D.S.C.) (Conduct During Depositions – motion required

within seven days of directing a witness not to respond); Local Civ. Rule 83.I.05 (D.S.C.)

(Appearances by Attorneys not Admitted in the District); and Local Civ. Rule 83.I.07 (D.S.C.)

(Withdrawal of Appearance). See also Local Civ. Rule 12.01 (D.S.C.) (Extensions of Time to

Respond to a Pleading).

journals, or law reviews (for example, CCH Tax Reports, Labor

Reports, UCC Reporting Service, etc.).

7.06: Responses to Motions. Any memorandum or response of an opposing party must

be filed with the court within fourteen (14) days of the service of the motion unless the court

imposes a different deadline. If no memorandum in opposition is filed within fourteen (14) days

of the date of service, the court will decide the matter on the record and such oral argument as

the movant may be permitted to offer, if any.

Any response supported by discovery material shall specify with particularity the portion

of the discovery material relied upon in support of counsel’s position, summarize the material in

support of counsel’s position, and attach relevant portions of the discovery material or

deposition. See Local Civ. Rule 5.01 (D.S.C.).

Each response to a motion to compel discovery shall include a statement explaining why

the discovery should not be had in the context of that action. Legal authorities need not be

included in the statement unless unusual legal issues are present or a privilege has been asserted.

7.07: Replies. Replies to responses are discouraged. However, a party desiring to reply

to matters raised initially in a response to a motion or in accompanying supporting documents

shall file the reply within seven (7) days after service of the response, unless otherwise ordered

by the court.

7.08: Hearings on Motions. Hearings on motions may be ordered by the court in its

discretion. Unless so ordered, motions may be determined without a hearing.

7.09: Frivolous or Delaying Motions. Where the court finds that a motion is frivolous

or filed for delay, sanctions may be imposed against the party or counsel filing such motion.

7.10: Draft Orders Submitted by Counsel.

(A) Matters to Which Applicable. This rule is applicable to all draft orders or

proposed findings and conclusions submitted by counsel.

(B) General Standards. The court may request proposed orders from counsel in

compliance with the standards set forth below and by the Fourth Circuit and

United States Supreme Court:

Anderson v. City of Bessemer, 470 U.S. 564, 571-73 (1985); Aiken County v. BSP Div. of

Envirotech Corp., 866 F.2d 661, 676-77 (4th Cir. 1989).

(1) Whenever practicable, the court will provide oral or written guidance

in the form of a tentative ruling, outline of matters to be addressed, or

ruling as to matters not to be included.

(2) Any tentative ruling of the court pursuant to Local Civ. Rule

7.10(B)(1) (D.S.C.) will remain subject to modification until the final

order is signed.

(3) Proposed orders will make reference to supporting evidence (for

example, by name of witness or exhibit number) where applicable.

(4) Copies of proposed orders will be provided to all counsel of record at

the same time and in the same manner as provided to the court;

provided, however, that if the court requests proposed findings and

conclusions to be submitted before trial, the court may postpone the

required exchange until after trial.

(5) Unless otherwise ordered, opposing counsel will have fourteen (14)

days from receipt in which to comment to the court on the proposed

order. Comment may be provided by letter.

(6) Counsel is encouraged to submit proposed orders to the court in

electronic form.

TIME

12.01: Extensions of Time to Respond to a Pleading. A party may grant in writing one

extension to any pleading asserting a claim, provided the extension does not exceed the lesser of

twenty-one (21) days or the number of days within which the response was originally due.

Further extensions may be sought by motion. See Local Civ. Rule 6.01 (D.S.C.) (Motions to

Alter Time), Local Civ. Rule 29.01 (D.S.C.) (Stipulations Regarding Discovery Procedures), and

Local Civ. Rule 37.01 (D.S.C.) (Motions to Compel Discovery).

PRETRIAL CONFERENCES, SCHEDULING, AND MANAGEMENT

In order to accommodate the requirements of Fed. R. Civ. P. 16 (scheduling conferences

and orders) and to facilitate compliance with Fed. R. Civ. P. 26(a)(1) (required initial

disclosures) and 26(f) (conference of the parties and report to the court) in cases not exempted

below, this district adopts the procedures set out in Local Civ. Rules 16.01-16.02 (D.S.C.)

below.

16.00: Exemptions and Stay of Deadlines.

(A) Exempt Actions. Scheduling orders generally will not be entered in any

action listed in Fed. R. Civ. P. 26(a)(1)(B) (categories of actions exempted

from the federal rule initial disclosure and conference requirements). To the

extent discovery is appropriate in any action covered by Fed. R. Civ. P.

26(a)(1)(B), it shall be governed by Local Civ. Rule 26.04 (D.S.C.) absent

entry of a specific scheduling order.

(B) Non Exempt Pro Se Actions. In any action not covered by Fed. R. Civ. P.

26(a)(1)(B)(iii) and in which a party is proceeding without counsel (“pro

se”), the court’s initial order shall address whether the Fed. R. Civ. P. 26(f)

conference or any other federal or local rule requirements addressed in

Local Civ. Rules 16.01-16.02 (D.S.C.) are waived.

Except to the extent the

requirements are waived, orders in pro se actions shall address all deadlines

listed in Local Civ. Rules 16.01-16.02 (D.S.C.).

entry of the scheduling order(s) and all federal and local civil rule disclosure

and conference requirements pending resolution of a motion to remand or to

dismiss or other dispositive motion. Any party desiring a stay on this basis

shall file a separate motion to stay. No consultation or separate

memorandum is required.

Due to the special concerns raised by oral communications between counsel and unrepresented

litigants, it is the general practice in this district to waive the Fed. R. Civ. P. 26(f)

conference requirement when any party is proceeding pro se. See also Local Civ. Rule

7.02 (D.S.C.) (no consultation requirement in pro se actions). Because these concerns are

not present as to written communications or submissions, it is the general practice in this

district not to waive the disclosure requirements of Fed. R. Civ. P. 26(a)(1)-(3), the report

requirement of Fed. R. Civ. P. 26(f), and the various requirements of Local Civ. Rule 26

(D.S.C.) in a pro se action to which they otherwise apply. See Fed. R. Civ. P. 26(a)(1)(B)

(exempting prisoner pro se actions from the 26(a)(1) requirements absent order to the

contrary); Local Civ. Rule 26.03(D) (D.S.C.) (addressing submission of Fed. R. Civ. P.

26(f) report when the conference requirement is waived).

16.01: Scheduling Order.

(A) Upon the appearance of a defendant, and to the extent the requirements of

Fed. R. Civ. P. 26(a)(1) and (f) are not otherwise waived by the court or by

Fed. R. Civ. P. 26(a)(1)(B), the court shall issue a tentative scheduling order

that shall require a Fed. R. Civ. P. 26(f) conference and report and shall

become binding absent objection after such report.

(B) The order shall include the following:

(1) Notice to counsel that Local Civ. Rule 26.03 (D.S.C.) lists

additional queries to be answered in the Fed. R. Civ. P. 26(f)

report and that the court’s general practices as to scheduling

orders and conferences are addressed by Local Civ. Rule 16.02

(D.S.C.).

(2) Any special instructions for submission of the Fed. R. Civ. P.

26(f) report requested by the assigned judge.

(3) Information regarding the availability of alternative dispute

resolution and whether mediation is required.

(4) A directive that plaintiff’s counsel shall initiate scheduling of the

Fed. R. Civ. P. 26(f) conference with all counsel known to

plaintiff regardless of whether they have filed appearances.

(5) The notice of right to consent to trial before a magistrate judge as

discussed in Local Civ. Rules 73.02(B)(1), 73.03 (D.S.C.).

16.02: Scheduling Conference and Scheduling Order Content.

(A) Conference with the Assigned Judge. It is the normal practice in this district

to issue the scheduling order based on the information received from the

Fed. R. Civ. P. 26(f) report to the court, including the disclosures required

by Local Civ. Rule 26.03 (D.S.C.), without further conference. If one or

more parties believe a conference is justified by the particular circumstances

of the case, they shall so inform the assigned judge by letter as soon as

practicable.

Pursuant to Fed. R. Civ. P. 26(a)(1), the parties may, by stipulation, agree not to make some or

all of the Rule 26(a)(1) initial disclosures. If such a stipulation is made, it shall be confirmed in

writing between the parties. See Local Civ. Rule 29.01 (D.S.C.).

(B) Trial Date. Unless otherwise directed by the court, all cases shall be ready

for trial on the date set for jury selection. Therefore, for scheduling

purposes under the Federal Rules of Civil Procedure and the Local Civil

Rules of this district, the jury selection date shall be deemed the trial date.

within the earlier of 90 days after any defendant has been served with the

complaint or 60 days after any defendant has appeared” (Fed. R. Civ. P.

16(b)(2)), the court shall issue a scheduling order setting deadlines for the

following:

(1) Completion of Fed. R. Civ. P. 26(f) conference of the parties (to be

held no later than forty-five (45) days after the appearance of a

defendant).

(2) Exchange of Fed. R. Civ. P. 26(a)(1) required initial disclosures (to be

made no later than fourteen (14) days after the Fed. R. Civ. P. 26(f)

conference).

(3) Filing Fed. R. Civ. P. 26(f) report to the court (to be filed no later than

fourteen (14) days after the Fed. R. Civ. P. 26(f) conference).

(4) Filing motions to join parties and to amend pleadings (Fed. R. Civ. P.

16(b)(3)).

(5) Exchange of Fed. R. Civ. P. 26(a)(2) expert witness disclosures and

filing any related disclosure and certification required by the

scheduling order.

(6) Service of affidavits of records custodian witnesses proposed to be

presented by affidavit at trial (See Fed. R. Evid. 803(6), 902(11), or

902(12) and Local Civ. Rule 16.02(D)(3) (D.S.C.)).

(7) Completion of discovery (Fed. R. Civ. P. 16(b)(3)) and filing

certification of consultation with client and opposing counsel as to the

use of alternative dispute resolution as required by Local Civ. Rule

16.03 (D.S.C.).

Most of the judges in this district require that parties file a document identifying the expert

witnesses and certifying that the required disclosures have been made. This is intended to

preclude disputes at trial as to whether disclosures were made. The disclosures themselves

should not be filed absent order to the contrary.

(8) Conclusion of alternative dispute resolution conference, if any.

(9) Filing dispositive motions (Fed. R. Civ. P. 16(b)(3)).

(10) Filing and exchanging Fed. R. Civ. P. 26(a)(3) pretrial disclosures.

(11) Filing and exchanging Fed. R. Civ. P. 26(a)(3) objections, any

objections to use of a deposition designated by another party, and any

deposition counter-designations under Fed. R. Civ. P. 32(a)(4).

(12) Meeting, marking, and exchanging exhibits and completing a final

exhibit list with objections noted. See Local Civ. Rule 26.07 (D.S.C.)

(instructions relating to exhibits).

(13) Submission of Local Civ. Rule 26.05 (D.S.C.) pretrial brief to the

court.

(14) Jury selection.

All disclosures shall be supplemented in a timely manner. In the event an action

is carried over to a later trial term after pretrial disclosures are made and pretrial

briefs are filed, the parties should file and serve any supplementation in a like

period of time prior to the new trial term, but need not file and serve disclosures

or briefs that are merely duplicative.

(D) Timeliness of Requests and Disclosures.

(1) Discovery requests are timely if served in time for the response to be

served by the discovery deadline set by the scheduling order.

(2) Witnesses who are not timely identified may be excluded. All

witnesses should be identified as early in the discovery process as is

feasible. Witnesses identified within the last twenty-eight (28) days of

the discovery period will be presumed not to be timely identified,

absent a showing of good cause.

(3) Affidavits of records custodians that a party intends to offer for

authentication in lieu of live testimony shall be served no fewer than

thirty (30) days before the close of discovery unless otherwise ordered.

The trial term commences on the date of jury selection whether the action is to be tried with

or without a jury. Trial terms may last from one to two months. Absent a contrary instruction

from the court, an action should be ready for trial on the date set for jury selection.

Objections to such affidavits must be made within fourteen (14) days

after the service of the disclosure unless otherwise ordered. See Local

Civ. Rule 16.02(C)(6) (D.S.C.).

16.03: Alternative Dispute Resolution (“ADR”) Statement and Certification. Within the

time set forth in the scheduling order (Local Civ. Rule 16.02(C)(7) (D.S.C.)), counsel for each

party shall file and serve a statement certifying that counsel has (1) provided the party with any

materials relating to ADR that were required to be provided by the Local Civ. Rule 16.01

(D.S.C.) scheduling order, (2) discussed the availability of ADR mechanisms with the party, and

(3) discussed the advisability and timing of ADR with opposing counsel.

16.04: Mediation: Definitions.

(A) Mediation. An informal process in which a third-party mediator facilitates

settlement discussions between parties. Any settlement is voluntary. In the

absence of settlement, the parties lose none of their rights to trial by judge or

jury.

(B) Mediator. A neutral person who acts to encourage and facilitate the

resolution of a pending civil action. The mediator has no authority to make

a decision or impose a settlement. Mediators are normally compensated by

the parties. See Local Civ. Rule 16.11 (D.S.C.).

16.05: Relief From Mediation Requirement. Parties may request relief from any

mediation requirement by motion, and relief shall be freely given for good cause shown.

16.06: Appointment of Mediator.

(A) Eligibility. A mediator may be a person who meets either of the following

requirements:

(1) Is a certified mediator under Local Civ. Rule 16.12 (D.S.C.).

(2) Is not a certified mediator but in the opinion of all of the parties is

otherwise qualified by training or experience to mediate all or some of

the issues in the action.

(B) Roster of Certified Mediators. The clerk of court shall maintain a roster of

mediators certified under Local Civ. Rule 16.12 (D.S.C.) who are willing to

serve in the district. A certified mediator shall notify the court if the

mediator desires to be added or deleted. The roster shall be available to the

public.

ordered, the parties must select a mediator at least twenty-one (21) days

prior to the deadline for mediation.

(D) Appointment of Mediator by the Court. If the parties cannot agree upon the

selection of a mediator, plaintiff’s attorney shall file a motion requesting

appointment of a mediator.

(E) Disqualification of Mediator. Any party may move the court for an order

disqualifying the mediator. If the motion is granted and the mediator is

disqualified, an order shall be entered appointing a replacement mediator.

16.07: The Mediation Conference.

(A) When the Conference is to be Held. Unless otherwise ordered, the initial

mediation conference shall be held within twenty-eight (28) days of the

agreement upon or order appointing a mediator. Unless otherwise ordered,

mediation shall be completed within twenty-eight (28) days after the initial

mediation conference.

(B) Discovery, Motions, and Trial. The case will not be called for trial during

the period allotted for completion of mediation as set by these rules or court

order. Extensions of time allotted for mediation shall be obtained from the

court only on a showing of good cause. Except by order of the court, the

mediation conference shall not be cause for delay of other proceedings in

the case, including the completion of discovery, the filing and hearing of

motions, or any other matter that would delay the trial of the case following

the period allotted for mediation.

their representatives. Other persons may attend only with the permission of

all the parties and the mediator.

16.08: Duties of the Parties, Representatives, and Attorneys at Mediation.

(A) Attendance. The following persons shall attend a mediation conference in

person unless otherwise ordered by the court or agreed upon by the parties

and mediator:

(1) The mediator.

(2) All individual parties; or an officer, director, or employee having full

authority to settle the claim for a corporate party; or in the case of a

governmental agency, a representative of that agency with full

authority to negotiate on behalf of the agency and recommend

settlement to the appropriate decision-making body of the agency.

(3) The party’s counsel of record, if any.

(4) For any insured party against whom a claim is made, a representative

of the insurance carrier who is not the carrier’s outside counsel and

who has full authority to settle the claim.

(B) Identification of Matters in Dispute. The mediator may require, prior to the

scheduled mediation conference, that the parties provide brief memoranda

setting forth their positions with regard to the issues that need to be

resolved. Each memorandum should be no more than five (5) pages in

length unless permitted by the mediator. With the consent of all parties,

such memoranda may be mutually exchanged by the parties.

confidential. The parties, their attorneys, and other persons present shall

maintain the confidentiality of the mediation and shall not rely on,

introduce, or attempt to introduce as evidence in any arbitral, judicial, or

other proceeding, any event, document, or communication relating in any

way to the mediation.

(D) Finalizing Agreement. If agreement is reached, the parties shall, before the

adjournment of the mediation, reduce the agreement to writing and sign it

along with their attorneys. If the agreement executed by the parties and

their attorneys in mediation envisions the execution of a more formal

agreement, the mediator shall assign one of the parties’ attorneys to prepare

the formal agreement and such papers to be filed with the court as may be

necessary. Such documents shall be executed by the parties within fourteen

(14) days of the date of the mediation conference. A copy shall be

forwarded to the mediator.

16.09: Sanctions for Failure to Attend Mediation Conference. If a person fails to attend a

duly ordered mediation conference without good cause, the court may impose upon the party or

the party’s principal any lawful sanctions, including, but not limited to, the payment of

attorney’s fees, mediator’s fees, and expenses incurred by persons attending the conference, and

any other sanction authorized by Rule 37(b) of the Federal Rules of Civil Procedure.

16.10: Authority and Duties of Mediators.

(A) Authority of Mediators. The mediator shall at all times be authorized to

control the conference and the procedures to be followed.

(B) Duties. The mediator shall set up the mediation conference. The mediator

shall define and describe the following to the parties at the beginning of the

conference:

(1) The process of mediation.

(2) The difference between mediation and other forms of conflict

resolution.

(3) The fact that the mediation conference is not a trial; the mediator is not

a judge, jury, or arbitrator; and the parties retain the right to trial if

they do not reach a settlement.

(4) The inadmissibility of conduct and statements as evidence in any

arbitral, judicial, or other proceeding.

(5) The circumstances under which the mediator may meet alone with

either of the parties or with any other person.

(6) Whether and under what conditions communications with the mediator

will be held in confidence during the conference.

(7) The duties and responsibilities of the mediator and the parties.

(8) The fact that any agreement will be reached by mutual consent of the

parties.

(9) The costs of the mediation conference.

separately with any party or parties or their counsel during the conference.

Confidential information disclosed to a mediator by parties or by witnesses

in the course of mediation shall not be divulged by the mediator.

(D) No Waiver of Privilege. No communication by a party or attorney to the

mediator in private session shall operate to waive any attorney-client, work

product, or other privilege.

(E) Mediator Not to Be Called as Witness. Except when ordered by the court

for exceptional circumstances shown, the mediator shall not be listed or

called as a witness or be compelled by subpoena or otherwise to divulge any

records or to testify in regard to the mediation in any adversary proceeding

or judicial forum. All records, reports, and other documents received or

created by the mediator while serving in that capacity shall be confidential.

(F) Duty of Impartiality. The mediator has a duty to be impartial and to advise

all parties of any circumstances bearing on possible bias, prejudice, or

partiality.

(G) Declaring Impasse. It is the duty of the mediator to determine when an

impasse exists in the mediation or when the mediation should end. A

mediation cannot be unilaterally ended without the permission of the

mediator.

(H) Reporting Results of Conference. The mediator shall, within twenty-eight

(28) days of conclusion of the mediation, forward a completed Alternative

Dispute Resolution Tracking Form to the attention of the ADR Program

Director.

(I) Statistical Data. The clerk of court may require additional statistical data

from the mediator or parties.

(J) Immunity. The mediator shall not be liable to any person for any act or

omission in connection with any mediation conducted under these rules.

16.11: Compensation of the Mediator.

(A) By Agreement. When the mediator is stipulated to by the parties,

compensation shall be agreed upon between the parties and the mediator.

(B) By Court Order. When the mediator is appointed by the court, the mediator

shall be compensated by the parties at an hourly rate set by agreement of the

parties or by the appointing court.

parties or ordered by the court, fees for the mediation conference shall be

paid in equal shares per party. Payment shall be due upon conclusion of the

conference unless other arrangements are made with the mediator, or unless

a party advises the mediator of his or her intention to file a motion to be

exempted from payment of mediation fees pursuant to Local Civ. Rule

16.11(D) (D.S.C.).

(D) Indigent Cases. A party may move before the court to be exempted from

payment of mediation fees based upon indigency. Applications for

indigency shall be made and considered by the court before the mediation

conference has been scheduled. See Local Civ. Rule 16.12(F) (D.S.C.).

16.12: Mediator Certification and Decertification. The clerk of court may receive

applications for certifications of persons to serve as mediators. Approval shall require the

consent of at least one district judge. The application shall be on a form approved by the clerk of

court. For certification, a person must:

(A) Be admitted to practice law in this state, in the highest court of another state,

or of the District of Columbia and meet the following qualifications:

(1) Have practiced law for at least five (5) years.

(2) Have received a juris doctorate degree or its equivalent from a law

school approved by the American Bar Association or the South

Carolina Supreme Court under Rule 402(c)(3), South Carolina

Appellate Court Rules, as now in force or as hereafter modified.

(3) Be a member in good standing in each jurisdiction where he or she is

admitted to practice law.

(4) Not have been, within the last five (5) years:

(a) Disbarred or suspended from the practice of law.

(b) Denied admission to a bar for character or ethical reasons.

conduct.

(5) If not a member of the South Carolina Bar, agree to be subject to the

Rules of Professional Conduct, Rule 407, South Carolina Appellate

Court Rules, as now in force or as hereafter modified; to the Rules for

Lawyer Disciplinary Enforcement Rule 413, South Carolina Appellate

Court Rules, as now in force or as hereafter modified; and/or Local

Civ. Rule 83 (D.S.C.), to the same extent as an active member of the

South Carolina Bar practicing before this court.

(B) Have completed a civil mediation training program approved by the South

Carolina Supreme Court or its designee, or this district court, or any other

equivalent training program or experience.

mediation conferences in the District of South Carolina.

(D) Be of good moral character and adhere to any ethical standards applicable to

attorneys or mediators practicing before this court or in the courts of the

State of South Carolina.

(E) Pay any administrative fees established for mediators by the District of

South Carolina.

(F) Agree to provide mediation to indigents without pay (or with pro rata

reduction in fees to be paid if fewer than all parties are indigent).

It is the duty of every person approved as a mediator to notify the clerk of court of any

change in his or her ability to satisfy all requirements for mediators set forth above.

Certification may be revoked or not renewed at any time it is shown to the satisfaction of

the chief judge that a mediator no longer meets the above qualifications or has not faithfully

observed these rules.

16.13: Expedited Trial. The following procedure is established to encourage the

expeditious trial of matters likely to require a minimum of preparation time and judicial

involvement before trial. Expedited trial generally will mean trial between three (3) and eight

(8) months after joinder of the issues.

16.14: Expedited Trial: Request and Conference.

(A) Counsel may, at any time, request the court to set the case for an expedited

trial.

(B) The request should specify the anticipated scope of discovery and time

required for completion, the number and type of any anticipated pretrial

motions, and the anticipated date by which the matter can be ready for trial.

Unless the request is included with the Fed. R. Civ. P. 26(f) report (as

supplemented by Local Civ. Rule 26 (D.S.C.)), counsel shall confer with

opposing counsel regarding the above matters, and the nature of any

differences shall be set forth in the request for expedited trial.

This court hereby adopts and incorporates standards established for mediators practicing in the

courts of South Carolina as may be currently in existence or hereafter adopted or modified.

Mediators who violate these rules or applicable ethical standards are subject to discipline under

the procedures set out in Local Civ. Rule 83 (D.S.C.) for discipline of attorneys.

schedule a conference

on the request. The court may, however, act on the

request on the basis of correspondence and/or documents in the file.

(D) Opposing counsel may submit additional information in favor of or

opposing expedited trial at or before the conference, including additional

information by way of answers to the Fed. R. Civ. P. 26(f) report to the

court. See Local Civ. Rule 26.03 (D.S.C.).

16.15: Expedited Trial Conference. The following matters should be considered at the

conference:

(A) Whether the case is appropriate for expedited trial.

(B) Limitations on discovery.

(D) Limitations on witnesses.

(E) Appropriateness of mediation.

(F) The trial date.

(G) Modifications to the pretrial brief requirements.

(H) Any other appropriate matters.

The conference may be conducted in person or by telephone.

MINORS AND INCOMPETENT PARTIES

17.01: Representation. Representation of minor and incompetent parties in a civil action

shall be in accordance with Fed. R. Civ. P. 17(C). Appointments of guardians ad litem by any

state court shall satisfy the requirements of the Federal Rules of Civil Procedure unless the court

finds that the interests of the parties so represented are not adequately protected in this court.

17.02: Settlement or Dismissal of Actions. No civil action to which a minor or

incompetent person is a party shall be compromised, settled, discontinued, or dismissed without

an order of approval entered by the court. It shall be the responsibility of counsel for the minor

or incompetent parties to prepare a proposed order of approval for submission to the court. The

order of approval shall bear the written consent of (1) counsel for all the parties to the action; (2)

the legal representative(s) of minor or incompetent parties; and (3) in the case of minors, at least

one of the natural parents or persons standing in loco parentis. Unless otherwise ordered by the

court, the order of approval shall contain statements as to all the following:

(A) That all parties are properly represented and are properly before the court,

that no questions exist as to misjoinder or nonjoinder of parties, and that the

court has jurisdiction over the subject matter and the parties.

(B) If the minor or incompetent parties are plaintiffs, a summary of contentions

sufficient to show that the complaint states a claim upon which relief can be

granted; if the minor or incompetent parties are defendants, a statement of

contentions sufficient to show that no affirmative defenses could clearly be

raised in bar of recovery.

parties, along with an opinion as to the fairness and reasonableness of the

settlement, if any.

(D) In cases involving claims for personal injuries asserted by minor or

incompetent parties, an estimate of actual and foreseeable medical, hospital,

and related expenses, and a statement by an examining physician setting

forth the nature and extent of the plaintiff’s injuries, extent of recovery, and

prognosis.

17.03: Approval of Counsel Fees and Payment of Judgments. In its order of approval, the

court shall approve or fix the amount of the fee to be paid to counsel for the minor or

incompetent parties and make appropriate provision for the payment thereof. The order of

approval shall also provide the manner in which judgments, if any, are to be paid and may make

specific provisions for the payment of medical, hospital, and similar expenses when allowed by

applicable law.

GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

[Former local civil rule requirements as to automatic disclosures

were significantly modified in compliance with Federal Rule

changes effective December 1, 2000. The former local civil rule

exemptions from automatic disclosure and expert witness

disclosure requirements were eliminated.]

26.01: Interrogatories to Be Answered by Each Party. Answers to the interrogatories set

out below are used for purposes of assigning cases and shall be filed with the court and served on

all parties at the time a party first appears. In removed cases, the removing defendant shall file

these responses with the removal papers. All other parties shall file responses no later than

fourteen (14) days after service of the notice of removal. If a party fails to file the required

responses on time, the clerk of court shall draw the requirement to the attention of the party (or

counsel) and allow fourteen (14) days to file responses. The clerk of court shall have the

authority to extend the time for responding. Absent order to the contrary, categories of actions

listed in Fed. R. Civ. P. 26(a)(1)(B) are exempt from the requirements of this rule. Compliance

with this rule satisfies the requirements of Fed. R. Civ. P. 7.1. The following information is

required:

(A) State the full name, address, and telephone number of all persons or legal

entities who may have a subrogation interest in each claim and state the

basis and extent of that interest.

(B) As to each claim, state whether it should be tried jury or nonjury and why.

company and separately identify (1) any parent corporation and any publicly

held corporation owning ten percent (10%) or more of the party’s stock; (2)

each publicly owned company of which it is a parent; and (3) each publicly

owned company in which the party owns ten percent (10%) or more of the

outstanding shares.

(D) State the basis for asserting the claim in the division in which it was filed (or

the basis of any challenge to the appropriateness of the division). See Local

Civ. Rule 3.01 (D.S.C.).

(E) Is this action related in whole or in part to any other matter filed in this

district, whether civil or criminal? If so, provide (1) a short caption and the

full case number of the related action; (2) an explanation of how the matters

are related; and (3) a statement of the status of the related action. Counsel

should disclose any cases that may be related regardless of whether they are

still pending. Whether cases are related such that they should be assigned

to a single judge will be determined by the clerk of court based on a

determination of whether the cases arise from the same or identical

transactions, happenings, or events; involve the identical parties or property;

or for any other reason would entail substantial duplication of labor if heard

by different judges.

(F) [Defendants only.] If the defendant is improperly identified, give the proper

identification and state whether counsel will accept service of an amended

summons and pleading reflecting the correct identification.

(G) [Defendants only.] If you contend that some other person or legal entity is,

in whole or in part, liable to you or the party asserting a claim against you in

this matter, identify such person or entity and describe the basis of their

liability.

(H) Parties or Intervenors in a Diversity Case. In an action in which

jurisdiction is based on diversity under 28 U.S.C. § 1332(a), a party or

intervenor must, unless the court orders otherwise, name – and identify the

citizenship of – every individual or entity whose citizenship is attributed to

that party or intervenor. This response must be supplemented when any

later event occurs that could affect the court’s jurisdiction under § 1332(a).

26.02: Rules for Answering Court Interrogatories. The following rules shall be adhered

to in responding to the foregoing interrogatories and completing the Fed. R. Civ. P. 26(f) report:

(A) Only a signature by counsel is required if the party is represented; no party

verification is required.

(B) Each interrogatory shall be set forth immediately prior to the answer thereto.

district court identification number, firm name, mailing address, telephone,

facsimile number, and e-mail address.

This information is required in addition to completion of the “related cases” block on the

JS44 Civil Cover Sheet. Although the civil cover sheet requires only that parties disclose

pending related cases, this interrogatory and this district’s assignment procedures require

disclosure of any prior or pending related case whether civil or criminal. Therefore, both

categories should be disclosed in response to this interrogatory as well as on the JS44 Civil

Cover Sheet.

(D) In the event any question cannot be fully answered after the exercise of

reasonable diligence, the party shall furnish as complete an answer as

possible and shall supplement as soon as is feasible.

(E) Responses pursuant to Local Civ. Rules 26.01, 26.03 (D.S.C.) may be relied

on and used in the same manner as discovery responses obtained under the

Federal Rules of Civil Procedure.

(F) The provisions of Local Civ. Rules 26.01, 26.03 (D.S.C.) shall not apply,

absent order to the contrary, in actions exempted by Fed. R. Civ. P.

26(a)(1)(B) from the requirements of Fed. R. Civ. P. 26(a)(1) and (f).

26.03: Rule 26(f) Report.

(A) Content. In addition to the requirements set forth in Fed. R. Civ. P. 26(f) for

a report to the court, the parties shall include the following information in

their Rule 26(f) report that shall be filed with the court:

(1) A short statement of the facts of the case.

(2) The names of fact witnesses likely to be called by the party and a brief

summary of their expected testimony.

(3) The names and subject matter of expert witnesses (if no witnesses

have been identified, the subject matter and field of expertise should

be given as to experts likely to be offered).

(4) A summary of the claims or defenses with statutory and/or case

citations supporting the same.

(5) Absent special instructions from the assigned judge, proposed dates

for the following deadlines listed in Local Civ. Rule 16.02 (D.S.C.):

(a) Exchange of Fed. R. Civ. P. 26(a)(2) expert disclosures.

(b) Completion of discovery.

Generic references to the “general common, statutory or regulatory law” of the relevant

jurisdiction will not be deemed an adequate response. Neither are lengthy discussions of

commonly applied claims and defenses required. For most causes of action or defenses, a single

citation to a single statute or case establishing the elements will suffice.

(6) Any special circumstances that would affect the time frames applied in

preparing the scheduling order. See generally Local Civ. Rule

16.02(C) (D.S.C.) (Content of Scheduling Order).

(7) Any additional information requested in the Pre-Scheduling Order

(Local Civ. Rule 16.01 (D.S.C.)) or otherwise requested by the

assigned judge.

(B) Form of Submission. The parties are encouraged to submit a joint Fed. R.

Civ. P. 26(f) report, but joint reports are not required. Any separate report

shall be served on all parties.

categories of action listed in Fed. R. Civ. P. 26(a)(1)(B) as those actions are

exempt from the Fed. R. Civ. P. 26(f) conference and report requirements.

(D) Report Without Conference. In any action in which the parties are exempted

from the Fed. R. Civ. P. 26(f) conference requirement, but in which the

court seeks information in the form of a Fed. R. Civ. P. 26(f) report as

supplemented by the requirements of this rule, the parties shall respond to

any query relating to agreement of the parties by stating their position as to

the subject matter of the query. See generally Local Civ. Rule 16.00(B)

(D.S.C.) (addressing special procedures in pro se actions).

26.04: Pretrial Discovery for Civil Actions Exempted From Fed. R. Civ. P. 26(a)(1).

Pretrial discovery in all civil cases that are exempt under Fed. R. Civ. P. 26(a)(1)(B) must be

completed within a period of ninety (90) days following the joinder of issues unless otherwise

ordered. If any expert witnesses will be called, Fed. R. Civ. P. 26(a)(2) disclosures shall be

made at least twenty-eight (28) days before the close of discovery. Fed. R. Civ. P. 26(a)(3)

disclosures shall be completed as set forth in that federal rule. No otherwise applicable deadline

is waived absent order to that effect.

In other appropriate cases not covered by Fed. R. Civ. P. 26(a)(1)(B), the court may, by

order, waive some or all of the otherwise applicable requirements and direct the parties to

proceed under this rule. See Local Civ. Rule 16.00 (D.S.C.) (discussing non-exempt pro se

actions).

Cases listed in Fed. R. Civ. P. 26(a)(1)(B) are expressly exempted from (1) the initial

disclosure requirements of Fed. R. Civ. P. 26(a)(1); (2) the conference and report requirements

of Fed. R. Civ. P. 26(f); and (3) the related Fed. R. Civ. P. 26(d) bar on discovery before the

conference. Numerous other deadlines set by federal and local rule (e.g., Fed. R. Civ. P.

26(a)(2)-(3) and Local Civ. Rule 26.05 (D.S.C.)) remain in effect absent order to the contrary.

See generally Local Civ. Rule 16.02(C) (D.S.C.) (listing most federal and local rule deadlines).

26.05: Civil Pretrial Briefs. All attorneys having civil cases set for trial shall furnish the

court a pretrial brief at least seven (7) days prior to the date set for jury selection in the term of

court in which the case is set for trial unless another date is ordered by the court. The pretrial

brief shall contain the following information:

(A) The name of each attorney, district court identification number, and the full

name of each firm handling the case.

(B) A list of any motions still pending.

is based.

(D) Additional legal authorities upon which each claim or defense is based not

listed in the Fed. R. Civ. P. 26(f) report to the court. See Local Civ. Rule

26.03(A)(4) (D.S.C.).

(E) Any unusual questions of law concerning admission of evidence or

procedure likely to arise in the trial of the case.

(F) Statement whether the possibility of a compromise settlement has been

discussed and explored with opposing counsel. State specifically whether

an offer has been made and the position of each party as to settlement; if no

attempt to settle has been made, state the reasons. If nonjury, counsel

should not disclose settlement negotiations.

(G) Names of the witnesses expected to be called and a summary of their

anticipated testimony. Also state whether the exclusion of a witness or

witnesses is requested pursuant to Fed. R. Evid. 615. If no request is made

herein, it shall be deemed waived.

(H) Detailed statement of damages, including, but not necessarily limited to the

following information:

(1) Where permanent injuries are claimed, their nature must be described

with particularity, and plaintiff’s life expectancy must be given. Attach

copies of medical reports and doctors’ statements where available.

(2) Special damages claimed must be specified in detail. Thus, in

personal injury cases, medical, nursing, hospital, and similar expenses

should be itemized by giving the names of persons and institutions and

the amount paid to or owing each. If property damage is claimed,

state the cost of repairs and names of persons making them; if

incapable of repair, state the value of the property immediately before

the accident and immediately afterwards.

(3) If loss of earnings or profits is claimed, state the amount, the manner

of computation, the period for which loss is claimed, and the name of

employer, if applicable.

(4) In death cases, state the age, employment, rate of earnings, marital

status, and life expectancy of deceased; also state the name, age, and

the relationship of each dependent.

(5) The defendant should specify its position concerning damages.

(I) For cases in which the relief sought is not covered by or is in addition to (H)

above:

(1) The nature of the relief sought.

(2) The reason(s) such relief should or should not be granted.

(J) Where a contract or a writing is involved, include the following

information:

(1) If a written contract or a writing is involved, furnish a copy to the

court, and specify the portions in controversy, along with (a) the

claimed construction of the portion in controversy and (b) the party’s

position as to performance or nonperformance.

(2) If the contract is oral, its substance should be given: If the parties

dispute the terms, specify the disputed terms and provide the same

information required in subpart (J)(1) above.

(K) Counsel’s best estimate of the time required for trial.

(L) Any special matters to which the court’s attention is sought or required.

(M) Any reason why the case cannot be tried at the term for which it is set for

trial.

(N) The final list of exhibits intended to be used in the trial of the case with any

objections noted. This list shall be served on opposing counsel.

(O) Counsel’s request for voir dire questions (see Local Civ. Rule 47.04

(D.S.C.)). Copies of the requests for voir dire questions shall be served on

opposing counsel. If the requests for voir dire are not submitted seven (7)

days prior to the selection of the jury, counsel shall be deemed to have

waived the right to submit voir dire questions unless made necessary by

events at trial.

Absent order to the contrary, the information required by Local Civ. Rule 26.05(A)-(M)

(D.S.C.) is for the sole use of the court and will not be furnished to opposing counsel without

consent of counsel. Therefore, these portions of the trial brief ((A)-(M)) are not served absent

order to the contrary. Information contained in (N) and (O) shall be served on opposing parties.

Proposed findings and conclusions should not be submitted with the pretrial brief unless

requested by the court.

26.06: Supplementation of Civil Pretrial Briefs and Disclosures. The information

required by Local Civ. Rules 26.05, 26.07 (D.S.C.) may be amended or supplemented as

necessary if the case is not reached for trial during the designated term or if other circumstances

require amendment or supplementation.

26.07: Trial Exhibits.

(A) In addition to the Fed. R. Civ. P. 26(a)(3) duty to file and serve exhibit lists

and objections and serve objections thereto, and unless otherwise ordered by

the court, attorneys for each side shall meet at least seven (7) days prior to

the date set for submission for pretrial briefs for the purpose of marking and

exchanging all exhibits intended to be used at trial (other than those solely

intended for impeachment purposes). Where possible, counsel shall agree

on the admissibility of all trial exhibits. In the event there is an unresolved

objection to any exhibit, the attorneys shall notify the court of such

objection in the pretrial brief.

Failure to meet, mark, and exchange exhibits may be deemed a waiver of

the right to use such exhibits. Failure to raise a timely objection under Fed.

R. Civ. P. 26(a)(3) or to preserve that objection by compliance with this rule

may be deemed a waiver of the right to raise objections at trial.

Objections shall be specific but succinct, stating the legal grounds and short

argument. For example, the following would be sufficient: lack of

foundation–plaintiff cannot demonstrate that these documents are business

records kept in the regular course of business or relevancy–these documents

relate to a corporation other than the defendant in this action.

(B) All exhibits must be numerically marked with exhibit stickers consistent

with the type provided by the clerk of court. An exhibit list must be filed in

all cases. (See also Fed. R. Civ. P. 26(a)(3) (pretrial disclosures) and Local

Civ. Rule 83.II.01 (D.S.C.) (handling of exhibits).)

used at trial. Once these exhibit designations are made, exhibits may be

excluded or withdrawn but shall not be renumbered. A meeting to

exchange exhibits and to determine if agreement can be reached as to any

objections to exhibits shall be held on or before the “meet, mark, and

exchange” date. If marked exhibits have not previously been physically

exchanged, they shall be exchanged on this date.

26.08: Protective Orders and Agreements. There is no requirement for prior judicial

approval of protective agreements intended to limit access to and use of materials gained in

discovery. Protective agreements or orders that address the filing of documents with the court

shall, however, require compliance with Local Civ. Rule 5.03 (D.S.C.), or such other procedures

as the court directs, before any document is filed under seal. Discovery materials protected by a

court order issued pursuant to Fed. R. Civ. P. 26(C) shall not be filed without compliance with

Local Civ. Rule 5.03 (D.S.C.) unless the order provides other procedures to satisfy the

requirements of governing case law. See Local Civ. Rule 5.03 (D.S.C.).

26.09: Pretrial Submission of Proposed Jury Instructions. All requests for jury

instructions must be submitted for the court’s review seven (7) days prior to the beginning of

trial. Copies of the requests for jury instructions shall be served on opposing counsel. If the

requests for jury instructions are not submitted seven (7) days prior to the beginning of trial,

counsel shall be deemed to have waived the right to submit requests for jury instructions, unless

made necessary by events at trial.

26.12: Disclosure.

[Deleted effective November 15, 2013; Incorporated into Local Civ. Rule

26.01(C) (D.S.C.).]

STIPULATIONS REGARDING DISCOVERY PROCEDURES

29.01: Stipulations Regarding Discovery Procedures. Where these Local Civil Rules or

the Federal Rules of Civil Procedure allow modifications by written stipulation of discovery

procedures or limitations (i.e., Fed. R. Civ. P. 26, 29), the stipulation may be accomplished by

correspondence. The procedural modifications may include the granting of an extension of time

to respond to written discovery requests, but no extension may place the due date less than thirty

(30) days before the end of the discovery period. See Local Civ. Rule 37.01 (D.S.C.). Note,

however, that Fed. R. Civ. P. 29 specifically prohibits stipulations extending the time for

responding to discovery “if [the extension] would interfere with the time set for completing

discovery, for hearing of a motion, or for trial.” The latter may be made only with approval of

the court. See Local Civ. Rules 6.01, 37.01 (D.S.C.).

DEPOSITIONS UPON ORAL EXAMINATION

30.01: Limitations on Depositions. A deposition taken pursuant to Fed R. Civ. P.

30(b)(6) shall be considered as one deposition regardless of the number of witnesses presented to

address the matters set forth in the notice.

30.02: Objections to Telephone Depositions. A party who objects to a telephonic

deposition shall make the objections known at least fourteen (14) days prior to the taking of the

deposition. If the objection is not resolved by the parties or the court before the scheduled

deposition date, the deposition shall be stayed pending resolution of the dispute. See Fed. R.

Civ. P. 30(b)(4).

30.03: Video Depositions.

[Deleted effective October 7, 2005; Topic covered by Fed. R. Civ. P. 30(b).]

30.04: Conduct During Depositions.

(A) At the beginning of each deposition, deposing counsel shall instruct the

witness to ask deposing counsel, rather than the witness’s own counsel, for

clarifications, definitions, or explanations of any words, questions, or

documents presented during the course of the deposition. The witness shall

abide by these instructions.

(B) All objections shall be preserved, except (1) those that would be waived if

not made at the deposition under Fed. R. Civ. P. 32(d)(3); and (2) those

necessary to assert a privilege, to enforce a limitation directed by the court,

or to present a motion pursuant to Fed. R. Civ. P. 30(d).

unless that counsel has objected to the question on the ground that the

answer is protected by a privilege

or a limitation on evidence directed by

the court or unless that counsel intends to present a motion under Fed. R.

Civ. P. 30(d)(1). In addition, counsel shall have an affirmative duty to

inform their clients that unless such an objection is made, the question must

be answered. Counsel directing that a witness not answer a question on

The restrictions and requirements in this rule relating to counsel are applicable to any person

who is conducting or defending a deposition, including a pro se litigant. Participants are also

subject to similar restrictions applicable to “any person” under Fed. R. Civ. P. 30.

For purposes of this rule, the term “privilege” includes, but is not limited to, attorney-client

privilege, work product protection, and trade secret protection.

those grounds or allowing their clients to refuse to answer a question on

those grounds shall move the court for a protective order under Fed. R. Civ.

P. 26(c) or 30(d)(3) within seven (7) days of the suspension or termination

of the deposition. Failure to timely file such a motion will constitute waiver

of the objection, and the deposition may be reconvened.

(D) Counsel shall not make objections or statements that might suggest an

answer to a witness. Counsel’s objections shall be stated concisely and in a

non-argumentative and non-suggestive manner, stating the basis of the

objection and nothing more.

(E) Counsel and witnesses shall not engage in private, “off the record”

conferences during depositions or during breaks or recesses regarding the

substance of the testimony at the deposition, except for the purpose of

deciding whether to assert a privilege or to make an objection or to move for

a protective order.

(F) Any conferences that occur pursuant to, or in violation of, Local Civ. Rule

30.04(E) (D.S.C.) are proper subjects for inquiry by deposing counsel to

ascertain whether there has been any witness coaching and, if so, to what

extent and nature.

(G) Any conferences that occur pursuant to, or in violation of, Local Civ. Rule

30.04(E) (D.S.C.) shall be noted on the record by the counsel who

participated in the conference. The purpose and outcome of the conference

shall be noted on the record.

(H) Deposing counsel shall provide to opposing counsel a copy of all documents

to be shown to the witness during the deposition, either before the

deposition begins or contemporaneously with the showing of each document

to the witness. If the documents are provided (or otherwise identified) at

least seven (7) days before the deposition, then the witness and the witness’s

counsel do not have the right to discuss the documents privately during the

deposition. If the documents have not been so provided or identified, then

counsel and the witness may have a reasonable amount of time to discuss

the documents before the witness answers questions concerning the

document.

(I) If an objecting party or deponent demands, after good faith consultation

pursuant to Local Civ. Rule 7.02 (D.S.C.), that the deposition be suspended

pursuant to Fed. R. Civ. P. 30(d), the assigned judge’s office shall be

contacted to allow that judge to resolve the matter telephonically, if

possible. If the assigned judge is not available, that judge’s standing

instructions for resolution of such matters, which may include referral to a

magistrate judge or another judge, shall be followed. These instructions

shall be available from the judge’s chambers and the clerk of court.

(J) Violation of this rule shall be deemed to be a violation of a court order and

shall subject the violator to sanctions under Fed. R. Civ. P. 37(b)(2).

DEPOSITIONS UPON WRITTEN QUESTIONS

31.01: Limitations on Depositions.

[Deleted effective December 1, 2000.]

USE OF DEPOSITIONS IN COURT PROCEEDINGS

32.01: Excerpts From Depositions to Be Offered at Trial.

[Deleted effective December 1, 2000.]

INTERROGATORIES TO PARTIES

33.01: Limitations on Interrogatories.

[Deleted effective December 1, 2000.]

FAILURE TO MAKE DISCLOSURE OR COOPERATE IN DISCOVERY

37.01: Motions to Compel Discovery.

(A) Timeliness of Motions. Motions to compel discovery must be filed within

twenty-one (21) days after receipt of the discovery response to which the

motion to compel is directed or, where no response has been received,

within twenty-one (21) days after the response was due. If counsel are

actively engaged in attempts to resolve the discovery dispute, they may

agree to extend the time to comply with the discovery request so long as the

extension does not place the due date beyond thirty (30) days before the

deadline for completion of discovery as set by the scheduling order. See

also Local Civ. Rule 29.01 (D.S.C.) (Modifications of Discovery

Procedure). This extension will automatically extend the deadline for the

motion to compel by an equal amount of time. The extension shall be

confirmed in writing. In the event a later motion to compel is filed, the

correspondence confirming the extension shall be attached.

(B) Memoranda and Hearings. Motions to compel discovery shall be filed in

compliance with Local Civ. Rule 7.04 (D.S.C.). The relevant discovery

requests and responses, if any, shall be filed as supporting documentation.

Motions to compel may be heard at the discretion of the court.

37.02: Sanctions.

[Deleted effective December 1, 2000.]

SELECTION OF JURORS

47.01: Jury Selection Plan. A copy of the Jury Selection Plan may be obtained from the

clerk of court.

47.02: Use of Juror Questionnaires. The court may require potential jurors to respond to

written questionnaires and may make the responses available to counsel or parties with cases on

the relevant trial roster seven (7) days prior to jury selection. Counsel or any other persons

obtaining juror questionnaire responses must ensure that the information contained therein is

utilized solely for the purpose of evaluating potential jurors for a pending case and is not

disseminated for any other purpose. The clerk of court shall institute procedures to draw these

requirements and responsibilities to the attention of persons obtaining the questionnaire

responses by completing the Juror Questionnaire and List Request form. Any person desiring to

obtain the information for any other purpose must petition the court so that an appropriate

hearing can be conducted.

47.03: Jury Lists. Within seven (7) days of the date the jury is scheduled to appear, the

clerk of court may furnish a copy of the list to counsel or parties with cases on the relevant trial

roster with an approved Juror Questionnaire and List Request form. The list shall set out the

name, city of residence, sex, race, and year of birth of each juror. The jurors and their families

shall not be contacted either directly or indirectly by counsel, counsel’s agents, or any party. For

purposes of this rule, “families” shall include natural, adopted and stepchildren, brothers, sisters,

nieces, nephews, aunts, uncles, parents, grandparents, and spouses. If it is deemed necessary, the

court may order the jury list sealed. In such cases, the jury list shall be given out only by order

of the court.

47.04: Examination of Jurors. The court shall conduct the examination of prospective

jurors. If the voir dire questions are not timely submitted with the pretrial brief, counsel shall

have waived the right to submit voir dire questions. See Local Civ. Rule 26.05(O) (D.S.C.)

(pretrial brief requirements). Requests for voir dire should not repeat questions covered by any

juror questionnaire used for the relevant term of court. See Local Civ. Rule 47.02 (D.S.C.).

47.05: Contact With Trial Jurors.

(A) Under no condition shall an attorney or party personally or through any

person acting for such attorney or party ask questions of or make comments

to a member of that jury or the members of the family (for definition of

family members, see Local Civ. Rule 47.03 (D.S.C.), supra) of such a juror

until after such juror has been permanently dismissed from jury service and

has left the courthouse premises.

(B) Attorneys or parties who choose to contact a juror after such juror has been

permanently dismissed and has left the courthouse premises do so at their

own peril. Under no circumstances shall an attorney, party, or any person

acting therefor, ask questions of or make comments to a member of that jury

that are calculated to harass or embarrass a juror or to influence the juror’s

actions in future jury service.

47.06: Responsibilities of the United States Marshal. The United States Marshal shall be

responsible for preserving the integrity of all juries.

NUMBER OF JURORS – PARTICIPATION IN VERDICT

48.01: Number of Jurors.

[Deleted effective December 1, 2000.]

A juror is not dismissed from jury service until all cases for which the juror has been selected

for the term are concluded.

JUDGMENTS AND COSTS

54.01: Assessment of Jury Costs. Whenever any civil action scheduled for a jury trial is

settled or otherwise disposed of in advance of the actual trial, then, except for good cause shown,

all juror costs, including marshal’s fees, mileage, and per diem, may be equally assessed against

the parties or otherwise assessed as determined by the court, unless the court is notified at least

one day prior to the date on which the action is scheduled for trial or in sufficient time to notify

jurors that their presence will not be required.

54.02: Petition for and Interest on Attorney’s Fees.

(A) Petition for Attorney’s Fees. Any petition for attorney’s fees shall comply

with the requirements set forth in Barber v. Kimbrell’s, Inc., 577 F.2d 216

(4th Cir. 1978), and shall state any exceptional circumstances and the ability

of the party to pay the fee. These requirements are also relevant when a

common fund is created and a percentage-fee method is sought in the

application. Any memorandum in opposition to a petition for attorney’s

fees must be filed with the court within fourteen (14) days of the service of

the petition. See also Local Civ. Rule 83.VII.07 (D.S.C.) (attorney’s fees in

Social Security cases).

[Prior time limits located in this section were deleted effective December 1,

2000. Counsel should note that the time limits for attorney fee applications

found in Fed. R. Civ. P. 54 are significantly shorter than previously set by

the predecessor to this Local Civil Rule.]

(B) Interest on Attorney’s Fee Awards Entered After Judgment. When

attorney’s fees are granted by order entered after entry of judgment and

unless otherwise directed by the court, the clerk of court shall (1) apply the

same interest rate to the attorney’s fee award as applies to the underlying

judgment; and (2) run interest from the next day following the date of entry

of the order awarding fees. See Fed. R. Civ. P. 58(a)(3) (a separate

judgment is not required for an order disposing of a motion for attorney’s

fees).

54.03: Application for Costs. A bill of costs may include all items set forth in the

relevant statutes and rules

and is subject to final approval by the court. A bill of costs shall be

See generally 28 U.S.C. §§ 1821, 1914, 1915, 1917, 1920, 1923; Fed. R. Civ. P. 45, 54; Fed.

R. App. P. 39; Fourth Circuit Local Civil Rules. Additional rules and statutes may be applicable

in some cases.

filed within the time limits set by Fed. R. Civ. P. 54(d)(2)(B) for applications for attorney’s fees.

Noncompliance with this time limit shall be deemed a waiver of any claim for costs.

DISTRICT COURTS AND CLERKS

55.01: Orders and Judgments. The clerk of court is authorized to enter judgments by

default as provided for in Fed. R. Civ. P. 55(a) and 55(b)(1) without further direction of the court

pursuant to Fed. R. Civ. P. 58. However, such action may be suspended, altered, or rescinded by

the court for good cause shown.

STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

62.01: Stay by Bond or Other Security. The appellant shall not be entitled to a stay of

execution of the judgment pending appeal unless the appellant executes a bond or other security

with good and sufficient sureties, approved by the clerk of court, made payable to the “Clerk of

Court” with the condition, failing the appeal, to satisfy such judgment as the appellate court may

render. The amount of the bond or other security shall be as specified below.

(A) If the judgment is for the payment of money only, the bond or other security

shall be in an amount equal to 150% of the amount of the judgment if the

judgment does not exceed ten thousand dollars ($10,000) or 125% if the

judgment exceeds ten thousand dollars ($10,000).

(B) If the judgment is for the payment of money and also for the performance of

some other act or duty, or for the recovery or sale of property or the

possession thereof, the bond or other security shall be in such sum, in

addition to the sum required for money judgments only in (A) above, as the

trial court may in writing prescribe; or if appellant wishes to supersede the

judgment as to the payment of money only, the requirements of (A) above

shall apply.

recovery or sale of property or the possession thereof (or if the judgment

includes the payment of money and appellant does not wish to supersede the

judgment in that respect), the bond or other security shall be in such sum as

the trial court may in writing prescribe.

Unless contested by the opposing party, the approval of the bond or other security by the

clerk of court shall constitute a stay of the judgment when the judgment is for the payment of

money only or the payment of money and some other act and the appellant wishes to supersede

the judgment as to the payment of money only. In the event the clerk of court declines to

approve the bond or other security, or if approval is contested, the requirements of Local Civ.

Rule 62.02 (D.S.C.) shall apply.

62.02: Stay Must Ordinarily Be Sought in the First Instance in Trial Court; Motion for

Stay in Appellate Court. In a civil action, application for a stay of the judgment or order of a

trial court pending appeal or for approval of a bond or other security, or for an order suspending,

modifying, restoring, or granting an injunction during the pendency of an appeal, must ordinarily

be made in the first instance in the trial court. A motion for such relief may be made to the

appellate court in which the appeal is pending, but the motion shall show that application to the

trial court for the relief sought is not practicable or that the trial court has denied an application

or has failed to afford the relief that the applicant requested, with the reasons given by the trial

court for its action. The motion shall also show the reasons for the relief requested and the facts

relied upon. If the facts are subject to dispute, the motion shall be supported by affidavits or

other sworn statements or copies thereof.

SEIZURE OF PERSON OR PROPERTY

64.01: Seizure of Person or Property. Judges and the clerk of this court are authorized to

perform the same acts and duties pertaining to the seizure of persons or property as the State of

South Carolina authorizes its state court judges and clerks to perform.

TEMPORARY RELIEF ORDER

65.01: Temporary Relief Order. At the hearing to consider a request for temporary relief,

the moving party shall provide a proposed order for the court’s consideration, as prescribed in

Fed. R. Civ. P. 65(d).

DEPOSIT IN COURT

67.01: Deposit of Registry Funds in Interest-Bearing Accounts (Fed. R. Civ. P. 67).

(A) Receipt of Funds.

(1) No money shall be sent to the court or its officers for deposit into the

court’s registry without a court order by the presiding judge in the case

or proceeding.

(2) All money ordered to be paid into the court or received by its officers

in any case pending or adjudicated shall be deposited with the

Treasurer of the United States in the name and to the credit of this

court pursuant to 28 U.S.C. § 2041 through depositaries designated by

the United States Treasury to accept such deposit on its behalf.

(3) The party making the deposit or transferring funds to the court’s

registry shall serve the order permitting the deposit or transfer on the

clerk of court.

(B) Investment of Registry Funds.

(1) Funds on deposit with the court are to be placed in interest-bearing

instruments in the Court Registry Investment System (CRIS)

administered through the Administrative Office of the United States

Courts (AOUSC). This shall be the only investment mechanism

authorized.

(2) Under CRIS, monies deposited in each case under Local Civ. Rule

67.01(A) (D.S.C.) will be “pooled” together with those on deposit with

the Treasury to the credit of other courts in CRIS and used to purchase

Government Accounting Series (GAS) securities under the authority

of the Director of the AOUSC.

(3) An account for each case will be established in CRIS titled in the

name of the case giving rise to the investment in the system. Income

received from fund investments will be distributed to each case based

on the ratio each account’s principal and income has to the aggregate

principal and income total in the fund each day. Funds deposited in an

interpleader case under 28 U.S.C. § 1335 will be invested in the CRIS

Disputed Ownership Fund (DOF).

(1) The custodian is authorized and directed by this rule to deduct, for

maintaining accounts in the fund, the DOF fee. The proper DOF fee is

to be determined on the basis of the rates published by the Director of

the AOUSC as approved by the Judicial Conference.

(2) If registry fees were assessed against the case prior to the deposit into

CRIS, no additional registry fee will be assessed.

(3) The Director of the AOUSC, as custodian for CRIS, is authorized and

directed to:

(i) deduct the CRIS fee for management of the Liquidity Fund

(or other Alternative Fund);

(ii) deduct the DOF fee for management and tax administration

of the CRIS DOF; and

(iii) provide tax administration services for the CRIS DOF,

including the withholding and payment of federal taxes on

behalf of the CRIS DOF.

CONDEMNATION OF PROPERTY

71.01: Land Condemnation Proceedings. The clerk of court is authorized to establish a

master file in condemnation actions where the United States files separate actions, and a single

declaration of taking in the master file shall constitute the same in each of the actions to which it

relates.

UNITED STATES MAGISTRATE JUDGES

73.01: Authority of United States Magistrate Judges.

(A) Full-Time and Part-Time Magistrate Judges. In addition to the powers and

duties prescribed by 28 U.S.C. § 636, each United States magistrate judge is

authorized to perform the following duties:

(1) Conduct extradition proceedings in accordance with 18 U.S.C. §

3184.

(2) Try persons accused of and sentence persons convicted of

misdemeanors committed within this district in accordance with 18

U.S.C. § 3401.

(B) Full-Time Magistrate Judges. Full-time magistrate judges are authorized to

conduct any or all proceedings in any civil case that is filed in this court in

accordance with 28 U.S.C. § 636(c), upon consent of the parties and order

of the district judge to whom the case was assigned, pursuant to Local Civ.

Rule 73.02(B)(1) (D.S.C.).

73.02: Assignment of Duties to Magistrate Judges.

(A) Criminal Cases.

(1) Misdemeanor Cases. All misdemeanor cases shall be assigned by the

clerk of court to the full-time or part-time magistrate judge designated

for the division in which the case is brought.

(2) Felony Cases. All felony cases shall be assigned by the clerk of court

to the full-time or part-time magistrate judge designated for the

division in which the case is brought for the conduct of an arraignment

and for such pretrial proceedings as are directed by the district judge.

(B) Civil Cases.

(1) Consensual References. Where the parties consent to trial and

disposition of a case by a full-time magistrate judge pursuant to 28

U.S.C. § 636(c), such case shall, upon the order of the district judge to

whom it was assigned, be reassigned to the full-time magistrate judge

designated for the division in which the case is brought.

(2) Automatic References. The clerk of court shall assign the following

matters to a full-time magistrate judge upon filing:

(a) All motions for remand, dismissal, or judgment on the pleadings in

actions filed under 42 U.S.C. § 405(g) for review of an

administrative determination regarding entitlement to benefits

under the Social Security Act and related statutes.

(b) All motions for leave to proceed in forma pauperis.

under the provisions of 28 U.S.C. § 2241, 28 U.S.C. § 2254, and

mandamus relief as well as for relief sought by persons

challenging any form of custody under other federal jurisdictional

statutes. This rule does not apply to actions arising under 28

U.S.C. § 2255.

(d) All pretrial proceedings in civil rights cases challenging prison

conditions or conditions of confinement.

(e) All pretrial proceedings involving litigation by individuals

proceeding pro se.

(f) All pretrial proceedings in civil rights cases arising out of the

criminal process not covered by Local Civ. Rule 73.02(B)(2)(d)

(D.S.C.) above.

(g) All pretrial proceedings involving litigation arising out of

employment discrimination cases invoking federal statutes that

proscribe unfair discrimination in employment, including 42

U.S.C. §§ 1981-1986; 42 U.S.C. § 2000e-2; 42 U.S.C. §

2000e16(a); 29 U.S.C. § 206(d); 29 U.S.C. §§ 621-634; 29 U.S.C.

§ 794; 29 U.S.C. § 2601 et seq. (Family and Medical Leave Act);

or 42 U.S.C. § 12101 et seq. (Americans with Disabilities Act).

(1) Civil Cases. For the convenience of administration, unless otherwise

specified herein or by specific order of the chief judge of the district,

references of civil cases shall be assigned by division as follows:

(a) Magistrate judge(s) in Columbia shall be assigned cases filed in

the Columbia, Orangeburg, Aiken, and Rock Hill Divisions.

(b) Magistrate judge(s) in Charleston shall be assigned cases filed in

the Charleston and Beaufort Divisions.

the Greenville, Spartanburg, Anderson, and Greenwood Divisions.

(d) Magistrate judge(s) in Florence shall be assigned cases filed in the

Florence Division.

(e) If there is more than one magistrate judge in a division, the cases

covered by (a) - (d) above shall be assigned to those magistrate

judges on a rotational basis.

(f) All cases challenging conditions of confinement filed by a federal

prisoner incarcerated in this judicial district shall be assigned to all

magistrate judges on a rotational basis.

(g) All related cases involving the same parties shall be assigned to the

same magistrate judge.

(2) Social Security Cases. Social Security cases shall be assigned to the

full-time magistrate judges on a rotational basis without regard to

division of filing.

(3) Post-Conviction Review and Cases Arising Out of Confinement.

Petitions for habeas corpus relief, mandamus relief, and civil rights

cases described in Local Civ. Rule 73.02(B)(2)(c) and (d) (D.S.C.)

shall be assigned to full-time magistrate judges on a rotational basis

without regard to division of filing.

(4) Other Cases Arising Out of the Criminal Process. Civil rights cases

arising out of the criminal process that do not involve the potential

release from custody or the general conditions of confinement, such as

those relating to arrest or criminal process, shall be assigned on a

divisional basis to a full-time magistrate judge.

(5) Employment Discrimination Cases. Employment discrimination cases

shall be assigned in the division where they are filed except as

necessary for caseload equalization.

(6) Pro Se Litigants With Prior Cases. New cases filed by pro se litigants

with prior cases shall, if possible, be assigned to the magistrate judge

and district judge to whom the prior case was assigned unless the prior

case was assigned as a related case.

Nothing in this subsection shall limit the district-wide jurisdiction of a

magistrate judge, prohibit a district judge from assigning a specific matter to

a specific magistrate judge or prohibit the reassignment of a specific matter

between magistrate judges on the concurrence of the magistrate judges and

district judge involved.

(D) General. Nothing in these rules shall preclude the court or a district judge

from reserving any proceeding for conduct by a district judge, rather than a

magistrate judge. The court, moreover, may by order modify the method of

assigning proceedings to a magistrate judge as changing conditions may

warrant.

73.03: Special Provisions for Consent for Reference of Civil Cases Under 28 U.S.C.

§ 636(c).

(A) Notice. Unless otherwise directed by the court, the clerk of court shall

notify the parties in all civil cases that they may consent to have a

magistrate judge conduct any and all proceedings in the case and order the

entry of a final judgment. Notice may be provided by attachment of an

appropriate form document to the scheduling order or pre-scheduling order.

In categories of cases in which scheduling orders are not generally issued

(i.e., cases exempt under Fed. R. Civ. P. 26(a)(1)(B)) and that are not

exempted by the court from this requirement, the clerk of court will forward

the notice to all parties after a defendant appears.

(B) Execution of Consent. The parties may consent by submitting a proposed

consent to reference signed by all parties.

court shall transmit a proposed order of reference to the district judge to

whom the case has been assigned for approval in his or her discretion.

RULES BY DISTRICT COURT

ATTORNEYS AND STUDENT PRACTICE

83.I.01: Roll of Attorneys.

(A) The bar of this court consists of those attorneys heretofore admitted and

those attorneys hereafter admitted as prescribed by Local Civ. Rule 83.I.01-

83.I.03 (D.S.C.).

(B) Admission to practice before the district court is a prerequisite to practice in

the bankruptcy division. Any prohibition or limitation on the right to

practice shall apply in both divisions absent express limitation in the

controlling order. This rule does not preclude the bankruptcy division from

imposing additional knowledge requirements (e.g., bankruptcy rules and

statutes) for practice in that division or requiring additional training as a

condition for authorization to file electronically.

83.I.02: Eligibility. A member in good standing of the bar of the South Carolina

Supreme Court is eligible for admission to the bar of this court. Suspension or revocation of the

right to practice by the South Carolina Supreme Court shall automatically effect the same

suspension or revocation of the right to practice in this court subject to this court’s reservation of

the right to impose greater discipline. See infra RDE II(G).

83.I.03: Procedure for Admission. Before being presented to the district court for taking

the required oath, an applicant for admission shall certify in a written application that such

applicant:

(A) Is a member in good standing of the bar of the South Carolina Supreme

Court.

(B) Has studied the Federal Rules of Civil and Criminal Procedure, the Federal

Rules of Evidence, the South Carolina Rules of Professional Conduct (Rule

407 of the South Carolina Appellate Court Rules), and the Local Civil and

Criminal Rules of this court.

South Carolina Appellate Court Rules for the examination and admission of

persons to practice in South Carolina or has completed a “judicial clerkship

with equivalent courtroom experience” as defined below and certified by the

judge for whom the clerkship was served.

A “judicial clerkship with equivalent courtroom experience” requires that all

of the following be satisfied: (1) the applicant must have served for at least

one year as a law clerk to a federal or state judge; (2) the applicant must

have observed the equivalent of at least four complete trials (jury selection

through verdict); (3) the applicant must have observed at least six oral

arguments of motions or appeals; and (4) at least two of the trial equivalents

and two of the oral arguments referenced above must have been in the

federal court system.

An applicant may demonstrate satisfaction of these requirements by

submitting a certification signed by the judge for whom the clerkship was

served in the form provided by the clerk of court. To the extent an applicant

relies on experiences beyond the clerkship to satisfy the requirements of

(2)(4) above, he or she should attach a partially completed state court form

(S.C. App. Ct. Rule 403(e)) or comparable documentation of the required

courtroom experience.

In addition to these certifications, the written application shall contain the certification of

two attorneys who are members in good standing of the bar of this court that, to the best of their

knowledge, information, and belief, the applicant is of good moral character and professional

reputation and meets the requirements for admission.

The applicant shall file the application, accompanied by the appropriate fee, with the

clerk of court. The appropriate fee at the time of filing is established in the District Court

Miscellaneous Fee Schedule issued in accordance with 28 U.S.C. § 1914(b). If the application is

in order and upon approval of the court, the clerk of court shall then issue to the applicant a

certificate of admission to the bar of this court. See Local Civ. Rule 5.02 (D.S.C.) (Filing With

the Clerk).

83.I.04: Representation by Local Counsel Who Must Sign All Pleadings.

(A) Except as provided in subsection (B) below, litigants in civil and criminal

actions, other than parties appearing pro se, must be represented by at least

one member of the bar of this court who shall sign each pleading, motion,

discovery procedure, or other document served or filed in this court. The

attorney identification number is also required on each pleading, motion,

discovery procedure, or other document served or filed in this court.

(B) The following attorneys are exempt from the requirements of Local Civil

Rules 83.I.01-83.I.06, except for Rule 83.I.05(B):

(1) United States Department of Justice attorneys attending to the interests

of the United States, pursuant to 28 USC §§ 515(a) and 517; and

(2) Social Security Administration attorneys serving as Special Assistant

United States Attorneys to represent the agency in court.

Such attorneys shall sign each pleading, motion, discovery procedure, or

other document served or filed in this court.

for this District or the Federal Public Defender’s Office for this District,

may appear and file pleadings if the attorney is licensed to practice before

the Supreme Court of the United States or before the highest court of any

state in the United States (or the District of Columbia) and is familiar with

the Federal Rules of Civil and Criminal Procedure, the Federal Rules of

Evidence, the South Carolina Rules of Professional Conduct (Rule 407 of

the South Carolina Appellate Court Rules), the Local Civil and Criminal

Rules of this court, and substantive areas of law, as is relevant to their

practice. In addition to the foregoing, attorneys appearing in criminal cases

in this district shall be familiar with the Bail Reform Act (18 U.S.C. §

3141 et seq.), the Speedy Trial Act (18 U.S.C. § 3161), and the United

States Sentencing Commission Sentencing Guidelines. Any attorney

authorized to practice in this court pursuant to this rule is subject to Local

Civil Rule 83.I.08: Rules of Disciplinary Enforcement.

83.I.05: Appearances by Attorneys Not Admitted in the District.

(A) Upon motion of an attorney admitted to practice before this court, any

person who is a member in good standing of the bar of a United States

district court and the bar of the highest court of any state or the District of

Columbia may be permitted to appear in a particular matter in association

with a member of the bar of this court. A motion seeking admission under

this rule:

(1) Shall be accompanied by an application and affidavit setting forth the

movant’s qualifications for admission and the movant’s agreement to

abide by the ethical standards governing the practice of law in this

court.

(2) Shall include a certification by the applicant that counsel has read

Local Civ. Rule 30.04 (D.S.C.) (Conduct During Depositions).

(3) Shall be submitted to this court upon the forms prescribed by this

court that can be obtained on this court’s Web site or from the office

of the clerk of court.

(4) Shall be accompanied by the appropriate fee.

(5) Shall include a certificate of consultation. See Local Civ. Rule 7.02

(D.S.C.).

(B) The appearance of an attorney pursuant to this rule shall confer jurisdiction

upon this court for any alleged misconduct in any matter related to the

action for which the appearance is allowed. The court may revoke

admission under this rule at its discretion.

do not conduct a substantial portion of their practices in this district. It is

not intended to substitute for regular admission to the bar of this court. In

determining whether admission under this rule would violate its intended

purpose, the court may consider, inter alia, whether the attorney resides in

South Carolina (and, if so, the length of the residence); the frequency with

which the attorney appears in the state and federal courts located in this

state; the proportion of the attorney’s practice attributable to cases filed in

South Carolina, and other factors suggested by South Carolina Medical

The consultation requirement found in Local Civ. Rule 7.02 (D.S.C.) is applicable to motions

under this rule. It is the general practice in this district to grant motions under Local Civ. Rule

83.I.05 (D.S.C.) immediately upon receipt by the court, if they are proper in form and absent

notice that opposing counsel has indicated an intention to object. Prior consultation and

disclosure of opposing counsel’s stated intention are necessary to facilitate this process.

Malpractice Joint Underwriting Ass’n v. Froelich, 377 S.E.2d 306, 307-08

(S.C. 1989), that, while not binding, has been adopted as a guide by this

court.

83.I.06: Pleadings, Service, and Attendance by Local Counsel in Cases Where

Out-of-State Attorneys Appear. Pleadings and other documents filed in a case where an attorney

who is not admitted to the bar of this court appears pursuant to Local Civil Rule 83.I.05 shall

contain the individual name, firm name, address, and phone number of both the attorney making

a special appearance under that rule and of the associated local counsel. In such a case, the

service of all pleadings and notices as required shall be sufficient if served upon only the

associated local counsel. Unless excused by the court, the associated local counsel shall be

present at all pretrial conferences, hearings, and trials and may, but is not required, to attend

discovery proceedings or other proceedings that are not before the court. Local counsel is

expected to be prepared to actively participate in all proceedings before the court if necessary.

83.I.07: Withdrawal of Appearance. No attorney whose appearance has been entered

may withdraw his or her representation or be relieved as counsel except with leave of court on

motion filed pursuant to this rule.

(A) If the withdrawal will not leave the party unrepresented, the motion shall

state whether it is with the consent of (1) the party and (2) those attorney(s)

who will remain as counsel for the party. If the required consents have not

been obtained, moving counsel shall show good cause why the relief should

be granted and shall give notice to the party as required under subpart

(B)(3). If new counsel are to be substituted, they must enter an appearance

before the motion to withdraw will be granted.

(B) If the withdrawal will leave the party unrepresented, the motion shall:

(1) Include the mailing address and telephone number for the party.

(2) If the party is a corporation, partnership, association, other legal entity,

or any person proceeding in a representative capacity, state that the

party has been informed that (a) it may not proceed without counsel,

(b) its counsel must be admitted in this district, and (c) it may be held

in default or have its claims dismissed if it fails to obtain replacement

counsel within a reasonable time.

(3) Be filed along with either a consent to withdrawal signed by the party

or a certification that the party has been provided a copy of the motion

and an explanation of the party's right to object to withdrawal. The

explanation shall inform the party of the date the motion was filed and

state that any response must be received by the court within seventeen

(17) days of the filing date. If the party is a natural person, the

explanation shall advise that the response may be in the form of a

letter signed by the party. If the party is a corporation, partnership,

association, other legal entity, or any person proceeding in a

representative capacity, the explanation shall advise that the response

must be filed by counsel.

vice, another attorney must file a certification that he or she accepts the

duties of local counsel.

(D) In the event an attorney dies or becomes incapacitated, any attorney

involved in the action who is aware of the death or incapacitation should

inform the court.

83.I.08: Rules of Disciplinary Enforcement (“RDE”).

(A) All counsel admitted to practice before this court or admitted for the

purpose of a particular proceeding (pro hac vice) shall be admitted subject

to the following rules, conditions, and provisions.

(B) For purposes of these rules, “this court” includes the bankruptcy division of

the District of South Carolina unless otherwise indicated. All duties

imposed on or notices required to be provided to the clerk of court refer to

the clerk of the district court. The clerk of the district court shall ensure that

notices of suspension or reinstatement, or other notices respecting an

attorney’s right to practice in this court, are promptly forwarded to the clerk

of the bankruptcy division.

RDE RULE I

ATTORNEYS CONVICTED OF CRIMES

(A) Upon the filing with this court of a certified copy of a judgment of

conviction demonstrating that any attorney admitted to practice before this

court has been convicted in any court of the United States, or the District of

Columbia, or of any state, territory, commonwealth or possession of the

United States of a serious crime as hereinafter defined, this court may enter

an order immediately suspending that attorney, whether the conviction

resulted from a plea of guilty, or nolo contendere or from a verdict after trial

or otherwise, and regardless of the pendency of any appeal, until final

disposition of a disciplinary proceeding to be commenced upon such

conviction. A copy of such order shall immediately be served upon the

attorney. Upon good cause shown, this court may set aside such order when

it appears that the interests of justice require the same.

(B) The term “serious crime” shall include any felony and any lesser crime a

necessary element of which, as determined by the statutory or common law

definition of such crime in the jurisdiction where the judgment was entered,

involves false swearing, misrepresentation, fraud, willful failure to file

income tax returns, deceit, bribery, extortion, misappropriation, theft, or an

attempt or a conspiracy or solicitation of any other to commit a “serious

crime.”

shall be conclusive evidence of the commission of that crime in any

disciplinary proceeding instituted against that attorney based, in whole or in

part, upon the conviction.

(D) Upon the filing of a certified copy of a judgment of conviction of an

attorney for a serious crime, this court, in addition to suspending that

attorney in accordance with the provisions of this rule, may also refer the

matter to counsel for the institution of a disciplinary proceeding before this

court in that the sole issue to be determined shall be the extent of the final

discipline to be imposed as a result of the conduct resulting in the

conviction, provided that a disciplinary proceeding so instituted will not be

brought to final hearing until all appeals from the conviction are concluded.

(E) Upon the filing of a certified copy of a judgment of conviction of an

attorney for a crime not constituting a “serious crime,” this court may refer

the matter to counsel for whatever action counsel may deem warranted,

including the institution of a disciplinary proceeding before this court;

provided, however, that this court in its discretion may make no references

with respect to convictions for minor offenses.

(F) An attorney suspended under the provisions of this rule will be immediately

reinstated upon the filing of a certificate demonstrating that the underlying

conviction of a serious crime has been reversed but the reinstatement will

not terminate any disciplinary proceeding then pending against the attorney,

the disposition of which shall be determined by this court on the basis of all

available evidence pertaining to both guilt and the extent of discipline to be

imposed.

RDE RULE II

DISCIPLINE IMPOSED BY OTHER COURTS

(A) Any attorney admitted to practice before this court shall, upon being

subjected to public discipline by any other court of the United States or the

District of Columbia, or by a court of any state, territory, commonwealth or

possession of the United States, inform the clerk of court in writing within

fourteen (14) days of such action. See supra Local Civ. Rule 83.I.08(B)

(D.S.C.) (the clerk of the district court shall inform the clerk of the

bankruptcy division).

(B) Upon the filing of a certified or exemplified copy of a judgment or order

demonstrating that an attorney admitted to practice before this court has

been subjected to public discipline by another court, this court may impose

reciprocal or other discipline pursuant to the procedures set forth below.

Prior to imposing any discipline, the court shall issue a notice directed to the

attorney containing:

(1) A copy of the judgment or order from the other court and

(2) An order to show cause directing that the attorney inform this court

within thirty (30) days after service of that order upon the attorney,

personally or by mail, of any claim by the attorney predicated upon the

grounds set forth in (D) hereof that the imposition of the identical

discipline by this court would be unwarranted and the reasons therefor.

there, any reciprocal discipline imposed in this court shall be deferred until

such stay expires.

(D) Upon the expiration of thirty (30) days from service of the notice issued

pursuant to the provisions of (B) above, this court shall impose the identical

discipline unless the respondent-attorney demonstrates, or this court finds,

that upon the face of the record upon which the discipline in another

jurisdiction is predicated, it clearly appears that one or more of the

following circumstances applies:

(1) That the procedure was so lacking in notice or opportunity to be heard

as to constitute a deprivation of due process.

(2) That there was such an infirmity of proof establishing the misconduct

as to give rise to the clear conviction that this court could not,

consistent with its duty, accept as final the conclusion on that subject.

(3) That the imposition of the same discipline by this court would result in

grave injustice.

(4) That the misconduct established is deemed by this court to warrant

substantially different discipline.

Where this court determines that any of the above elements exist, it shall

enter such other order as it deems appropriate.

(E) In all other respects, a final adjudication in another court that an attorney

has been guilty of misconduct shall conclusively establish the misconduct

for purposes of a disciplinary proceeding in this court.

(F) This court may at any stage appoint counsel to prosecute the disciplinary

proceedings or defend a respondent-attorney. See infra RDE V(A).

(G) If an attorney admitted to practice before this court is disbarred or

suspended by the South Carolina Supreme Court, such suspension or

disbarment shall be immediately effective in this court. The nature and term

of discipline shall be identical unless this court determines that the

misconduct justifies a more severe disciplinary action, in which case the

attorney will be given notice and an opportunity to demonstrate that the

imposition of a more severe disciplinary action is unwarranted.

RDE RULE III

DISBARMENT ON CONSENT OR RESIGNATION IN OTHER COURTS

(A) Any attorney admitted to practice before this court who shall be disbarred

on consent or resign from the bar of any other court of the United States or

the District of Columbia, or from the bar of any state, territory,

commonwealth or possession of the United States while an investigation

into allegations of misconduct is pending, shall, upon the filing with this

court of a certified or exemplified copy of the judgment or order accepting

such disbarment on consent or resignation, cease to be permitted to practice

before this court and be stricken from the roll of attorneys admitted to

practice before this court.

(B) Any attorney admitted to practice before this court shall, upon being

disbarred on consent or resigning from the bar of any other court of the

United States or the District of Columbia, or from the bar of any state,

territory, commonwealth, or possession of the United States while an

investigation into allegations of misconduct is pending, promptly inform the

clerk of this court of such disbarment on consent or resignation.

RDE RULE IV

STANDARDS FOR PROFESSIONAL CONDUCT

(A) For misconduct defined in these rules, and for good cause shown, and after

notice and opportunity to be heard, any attorney admitted to practice before

this court may be disbarred, suspended from practice before this court for a

definite time, fined, and/or reprimanded, either publicly or privately, or

subjected to other disciplinary action as the circumstances may warrant.

(B) Acts or omissions by an attorney admitted to practice before this court,

individually or in concert with any other person or persons, that violate the

Code of Professional Responsibility adopted by this court shall constitute

misconduct and shall be grounds for discipline, whether or not the act or

omission occurred in the course of any attorney-client relationship. The

Code of Professional Responsibility adopted by this court is the South

Carolina Rules of Professional Conduct (Rule 407 of the South Carolina

Appellate Court Rules) adopted by the South Carolina Supreme Court, as

amended from time to time by that state court, except as otherwise provided

by specific rule of this court.

RDE RULE V

DISCIPLINARY PROCEEDINGS

(A) When misconduct or allegations of misconduct that, as substantiated, would

warrant discipline on the part of an attorney admitted to practice before this

court shall come to the attention of a judge of this court, whether by

complaint or otherwise, and the applicable procedure is not otherwise

mandated by these rules, that judge shall petition the chief judge of the

district court to (1) refer the matter to the appropriate state disciplinary

authority for investigation or prosecution or (2) refer the matter to the

United States Attorney or other selected counsel for investigation and the

prosecution of a formal disciplinary proceeding or the formulation of such

other recommendation as may be appropriate. Nothing herein shall,

however, preclude a judge from reporting an attorney’s actions or inactions

directly to the disciplinary authority for any state where the attorney is

admitted to practice. The chief judge may also appoint defense counsel for

an indigent attorney. Counsel appointed for prosecution or defense will be

compensated according to the court’s plan for appointment of counsel in

criminal cases, from the attorney admission fund in an amount to be

determined by the chief judge. Should the chief judge be disqualified, the

most senior active district judge shall have the responsibility of enforcing

this section. Should the matter be referred to a state disciplinary authority,

or should there be a parallel state disciplinary proceeding, the chief judge

may provide to such authority information and documents pertinent to the

investigation, subject to the requirements of Rule 6(e), Federal Rules of

Criminal Procedure, and an appropriate protective order.

(B) Counsel appointed pursuant to these rules to investigate allegations of

misconduct or prosecute disciplinary proceedings or in conjunction with a

reinstatement petition, as well as the respondent-attorney, shall have the

authority to issue subpoenas pursuant to Rule 17 of the Federal Rules of

Criminal Procedure.

disciplinary proceeding should not be initiated against the respondent-

attorney because sufficient evidence is not present, or because there is

another proceeding pending against the respondent-attorney, the disposition

of which in the judgment of counsel should be awaited before further action

by this court is considered, or for any other valid reason, counsel shall file

with the court a recommendation for disposition of the matter, whether by

dismissal, admonition, deferral, or otherwise setting forth the reasons for

such recommendation.

(D) To initiate formal disciplinary proceedings, counsel shall obtain an order of

this court, upon a showing of probable cause, requiring the respondent-

attorney to show cause within thirty (30) days after service of that order

upon that attorney, personally or by mail, why the attorney should not be

disciplined. The respondent-attorney shall have the right to be represented

by counsel in these proceedings.

(E) Upon the respondent-attorney’s answer to the order to show cause, if any

issue of fact is raised or the respondent-attorney wishes to be heard in

mitigation, the chief judge shall set the matter for prompt hearing before a

panel of three judges of this court (“disciplinary panel”). In the event the

complaint relates to one or more bankruptcy division matters, at least one of

the judges on the panel shall be a bankruptcy division judge. If the

disciplinary proceeding is predicated upon the complaint of a judge of this

court, the complaining judge shall not serve on the panel. Mere forwarding

or referring a complaint made by a third party shall not, however, preclude a

judge from serving on the disciplinary panel.

(F) The senior judge of the three-judge disciplinary panel, within a reasonable

time following the hearing, shall provide to the district court a written report

that shall include a recommendation as well as a transcript of the hearing

and all pleadings and evidence.

(G) After receiving the report, the district court, sitting en banc, shall by written

order make a final determination. In the event the complaint relates to one

or more bankruptcy division matters, the judges of the bankruptcy division

shall participate in the en banc review.

(H) Misconduct, as the term is used herein, means any one or more of the

following:

(1) Violation of any provision of the oath of office taken upon admission

to the practice of law.

(2) Violation of any provision of the South Carolina Rules of Professional

Conduct as adopted by this court.

(3) Commission of a crime involving moral turpitude.

(4) Conduct tending to pollute or obstruct the administration of justice or

to bring the courts or the legal profession into disrepute.

(5) Conduct demonstrating a lack of professional competence in the

practice of law.

(6) Conduct tending to obstruct the court’s disciplinary investigation.

(7) Conduct constituting a serious crime as defined in RDE I(B).

(8) Conduct violating applicable rules of professional conduct of another

jurisdiction.

(I) Upon receipt of sufficient evidence demonstrating that an attorney poses a

substantial threat of serious harm to the public or the administration of

justice, and pursuant to the procedures set forth below, the attorney may be

placed on interim suspension or may have other restrictions placed on his or

her rights to practice in this court pending a final determination in any

proceeding under these rules.

(1) A petition for interim suspension/restrictions may be initiated by the

investigating attorney, by any judge of the court, or by the disciplinary

panel on its own motion.

(2) The petition shall set forth the factual basis for the proposed

suspension/restrictions and shall be served personally or by mail on

the attorney who is the subject of the petition.

(3) The petition shall be forwarded to the disciplinary panel, if one has

been assigned, or, if no disciplinary panel has been assigned or if

exigent circumstances require a more immediate response, to the chief

judge of the district court. If the chief judge is unavailable or if the

petition or complaint was initiated by the chief judge, then the petition

shall be forwarded to the next most senior district judge.

(4) The disciplinary panel or judge to whom the petition is forwarded

pursuant to RDE V(I)(3) above may enter an interim suspension based

on such further proceedings as are consistent with due process,

including, if made necessary by exigent circumstances, without any

further pre-suspension proceedings.

(5) An attorney placed on interim suspension/restrictions by a single judge

may apply for reconsideration to the judge who entered the

suspension/restrictions order. If the application is denied, the attorney

may appeal to the disciplinary panel. Interim suspensions entered by

the disciplinary panel may be appealed to the en banc court.

(6) Any interim suspension/restrictions shall be set forth in an unsealed

order stating only the fact and effective dates of the

suspension/restrictions. All other documents and information relating

to the suspension/restrictions shall be kept confidential pending

completion of the proceedings except that a copy of all such

documents may be provided to other entities with disciplinary

authority.

RDE RULE VI

DISBARMENT ON CONSENT WHILE UNDER

DISCIPLINARY INVESTIGATION OR PROSECUTION

(A) Any attorney admitted to practice before this court who is the subject of an

investigation into, or a pending proceeding involving, allegations of

misconduct may consent to disbarment, but only by delivering to this court

an affidavit stating that the attorney desires to consent to disbarment and

that each of the following is true:

(1) The attorney’s consent is freely and voluntarily rendered; the attorney

is not being subjected to coercion or duress; the attorney is fully aware

of the implications of so consenting.

(2) The attorney is aware that there is a pending investigation or

proceeding involving allegations that grounds exist for the attorney’s

discipline, the nature of which the attorney shall specifically set forth.

(3) The attorney acknowledges that the material facts so alleged are true.

(4) The attorney so consents because the attorney knows that if charges

were predicated upon the matters under investigation, or if the

proceeding were prosecuted, the attorney could not successfully

defend himself or herself.

(B) Upon receipt of the required affidavit, this court shall enter an order

disbarring the attorney.

record. However, the affidavit required under the provisions of this rule

shall not be publicly disclosed or made available for use in any other

proceeding except upon order of this court.

RDE RULE VII

REINSTATEMENT

(A) After Disbarment or Suspension. An attorney suspended for less than a year

may resume practice before this court upon the expiration of the suspension

ordered by the South Carolina Supreme Court and this court. An attorney

disbarred or suspended for a year or more must reapply for admission and

may not resume practice until reinstated by order of this court.

(B) Time of Application Following Disbarment. A person who has been

disbarred after hearing or by consent may not apply for reinstatement until

the expiration of at least five (5) years from the effective date of the

disbarment.

suspended attorney under this rule shall be filed with the chief judge of this

court. Upon receipt of the petition for reinstatement, the chief judge shall

first submit the matter to the full court to determine whether to accept a

decision of the South Carolina Supreme Court reinstating the attorney. If

the court declines to accept the South Carolina Supreme Court’s decision

without further review, the chief judge shall then advise the petitioner of the

right to request a hearing before a three-judge panel of this court for review

and further consideration of the petition for reinstatement. In the event a

panel is not requested, the petition for reinstatement shall be dismissed. If

the disciplinary proceeding was predicated upon the complaint of a judge of

this court, the complaining judge shall not serve on the panel. The judges

assigned to the matter shall promptly, after referral, assign the matter to

counsel and schedule a hearing at which the petitioner shall have the burden

of demonstrating by clear and convincing evidence that he or she has the

moral qualifications, competency, and learning in the law required for

admission to practice law before this court and that his or her resumption of

the practice of law will not be detrimental to the integrity and standing of

the bar or to the administration of justice or subversive of the public interest.

Within a reasonable time following the hearing, the senior judge of the

three-judge panel shall provide all judges of this court a written report that

shall include a recommendation pursuant to subparagraph (F) of this section.

After receiving the report, this court, sitting en banc, shall by written order

make a final determination and enter judgment pursuant to subparagraph (F)

of this section.

(D) Duty of Counsel. In all proceedings upon a petition for reinstatement, cross-

examination of the witnesses of the respondent-attorney and the submission

of evidence, if any, in opposition to the petition shall be conducted by

counsel.

(E) Deposit for Costs of Proceeding. Petitions for reinstatement under this rule

shall be accompanied by an advance cost deposit in an amount to be set

from time to time by this court to cover anticipated costs of the

reinstatement proceeding.

(F) Conditions of Reinstatement. If the petitioner is found unfit to resume the

practice of law before this court, the petition shall be dismissed. If the

petitioner is found fit to resume the practice of law before this court, the

judgment shall reinstate the petitioner, provided that the judgment may

make reinstatement conditional upon the payment of all or part of the costs

of the proceedings, and upon the making of partial or complete restitution to

parties harmed by the petitioner whose conduct led to the suspension or

disbarment. This court may impose any conditions of reinstatement that are

reasonably related to the grounds for the lawyer’s original suspension or

disbarment, or to evidence presented at the hearing regarding the lawyer’s

failure to meet the criteria for reinstatement. Provided further that if the

petitioner has been suspended or disbarred for five (5) years or more,

reinstatement may be conditioned, in the discretion of this court, upon the

furnishing of proof of competency and learning in the law, that proof may

include certification by the bar examiners of a state or other jurisdiction of

the attorney’s successful completion of an examination for admission to

practice subsequent to the date of suspension or disbarment.

(G) Successive Petitions. No petition for reinstatement under this rule shall be

filed within one (1) year following an adverse judgment upon a petition for

reinstatement filed by or on behalf of the same person.

RDE RULE VIII

SERVICE OF PAPERS AND OTHER NOTICES

Service of an order to show cause instituting a formal disciplinary proceeding shall be

made by personal service or by registered or certified mail addressed to the respondent-attorney

at the last address of record with the clerk of court. Service of any other papers or notices

required by these rules shall be deemed to have been made (1) if delivered electronically through

the court’s electronic filing system or (2) if mailed to the respondent-attorney at the last address

of record with the clerk of court or (3) if mailed to counsel for the respondent-attorney at the

address indicated in the most recent document filed on behalf of the respondent-attorney in the

course of any proceeding.

RDE RULE IX

APPOINTMENT OF COUNSEL

Whenever counsel other than the United States Attorney is to be appointed pursuant to

these rules to investigate allegations of misconduct or prosecute disciplinary proceedings or in

conjunction with a reinstatement petition, this court shall appoint as counsel one or more

members of the bar of this court. The respondent-attorney may move to disqualify the United

States Attorney or any other attorney so appointed on grounds of conflict of interest. Any

motion for disqualification shall be determined by the chief judge or, should the chief judge be

disqualified, the most senior active judge. Counsel, once appointed, may not resign unless

permission to do so is given by this court.

RDE RULE X

DUTIES OF THE CLERK OF COURT

(A) Upon being informed that an attorney admitted to practice before this court

has been convicted of any crime, the clerk of this court shall determine

whether the clerk of court in which such conviction occurred has forwarded

a certificate of such conviction to this court or to the South Carolina

Supreme Court or its disciplinary counsel. If a certificate has not been so

forwarded, the clerk of court shall promptly obtain a certificate and file it

with this court.

(B) Upon being informed that an attorney admitted to practice before this court

has been subjected to public discipline by another court, the clerk of court

shall determine whether a certified or exemplified copy of the disciplinary

judgment or order has been filed with this court, and, if not, the clerk of

court shall promptly obtain a certified copy or exemplified copy of the

disciplinary judgment or order and file it with this court.

suspended or censured or disbarred on consent by this court is admitted to

practice law in any other jurisdiction or before any other court, the clerk of

court, within fourteen (14) days of that conviction, disbarment, suspension,

censure, or disbarment on consent, shall transmit to the disciplinary

authority in such other jurisdiction, or for such other court, a certificate of

the conviction or a certified or exemplified copy of the judgment or order of

disbarment, suspension, censure, or disbarment on consent, as well as the

last known office and residence addresses of the defendant or respondent.

(D) The clerk of court shall likewise promptly notify the National Lawyer

Regulatory Data Bank operated by the American Bar Association of any

order imposing public discipline upon any attorney admitted to practice

before this court.

(E) The clerk of court shall be responsible for circulating all notices relating to

disciplinary action to all judges of this court, including all magistrate,

bankruptcy and district judges, as well as the clerk of the bankruptcy

division.

RDE RULE XI

JURISDICTION

Nothing contained in these rules shall be construed to deny to this court such powers as

are necessary for this court to maintain control over proceedings conducted before it, including,

but not limited to, the power to impose sanctions including civil penalties or other action

authorized by rule or statute, enjoin violations of the law, or institute proceedings for contempt.

RDE RULE XII

EFFECTIVE DATE

Any amendments to these disciplinary enforcement rules shall become effective

immediately upon the entry and filing of any order, provided that any formal disciplinary

proceedings then pending before this court shall be concluded under the procedure existing prior

to the effective date of these amendments.

83.I.09: Student Practice.

(A) Upon the approval of the judge to whom the case is assigned, an eligible law

student, with the written consent of an indigent and the indigent’s attorney

of record, may appear in this court on behalf of that indigent in any case.

Upon the written consent of the United States Attorney or his or her

authorized representative and the consent of the presiding judge, an eligible

law student may also appear in this court on behalf of the United States.

Upon the written consent of the South Carolina Attorney General or his or

her authorized representative and the consent of the presiding judge, an

eligible law student may also appear in this court on behalf of the State of

South Carolina. In each case, the written consent shall be filed with the

clerk of court.

(B) An eligible law student may assist in the preparation of pleadings, briefs,

and other documents to be filed in this court, but such pleadings, briefs or

other documents must be signed by the attorney of record. A student may

also participate in court proceedings with leave of the court, but only in the

presence of the attorney of record. The attorney of record shall personally

assume professional responsibility for the law student’s work and for

supervising the quality of the student’s work. The attorney of record should

be familiar with the case and prepared to supplement or correct any written

or oral statement made by the student.

(1) Be duly enrolled in a law school approved by the American Bar

Association.

(2) Have completed legal studies amounting to at least four (4) semesters

(or the equivalent if the school is on some basis other than a semester

basis), be enrolled in a clinical law course, and appear only as a

requirement of that course.

(3) Be certified by the dean of the law school as being of good character

and competent legal ability, which certification shall be filed with the

clerk of court and may be withdrawn by the dean at any time by

mailing notice to the clerk of court.

(4) Be introduced to this court by an attorney admitted to practice before

this court.

(5) Neither ask for nor receive any compensation or remuneration of any

kind for legal services from the person on whose behalf the student

renders services, but this shall not prevent an attorney, legal aid

bureau, law school, public defender agency, a state, or the United

States from making such charges for its services as it may otherwise

properly require.

(6) Certify in writing that the student has read and is familiar with the

South Carolina Rules of Professional Conduct.

EXHIBITS AND COURT REPORTERS

83.II.01: Handling of Exhibits. The clerk of court shall be the custodian of all exhibits

admitted into evidence. However, during any civil or criminal proceeding, the court may order

an attorney or a law enforcement agency to take possession of any exhibit(s) and be responsible

for the safekeeping of the exhibit(s).

Upon the entry of final judgment, the clerk of court may, at any time following the

expiration of thirty (30) days, notify the attorneys of record and the parties that the clerk of court

intends to dispose of the exhibits in the manner indicated in the notice. If no attorney of record

or a party in interest takes custody of or interposes an objection within fourteen (14) days of the

posting of the notice, the clerk of court shall be authorized to dispose of the exhibits in the

manner stated, unless otherwise ordered by the court.

In the event of an appeal in a case involving exhibits that could not be mailed to the

appellate court or stored in the clerk of court’s facilities, the court may, upon request of the clerk

of court, transfer custody of these exhibits to the attorney or law enforcement agency offering the

exhibit. Those exhibits not transmitted as part of the record on appeal should be retained and

safeguarded by the attorney to be made available for use by the appellate court upon request.

83.II.02: Court Reporters. The clerk of court shall have supervisory and managerial

authority over court reporters with the advice and consent of the court, pursuant to such orders as

the court may enter. See Court Reporter Management Plan for the District of South Carolina,

3:08-mc-5004 (D.S.C.) Aug. 25, 2008).

FAIR TRIAL DIRECTIVES

83.III.01: Court Personnel. All supporting court personnel, including, but not limited to,

the marshal, deputy marshals, court clerks and office personnel, bailiffs, court reporters, and

employees or subcontractors retained by the court or the marshal, and judges’ office personnel,

are prohibited from disclosing to any person, without authorization by the court, information

relating to a pending civil case that is not a part of the public record of the court that has been

filed and served on the parties to the proceeding. Further, all such personnel are forbidden to

divulge any information concerning arguments and hearings held in chambers or otherwise

outside the presence of the public or in the case of jury trials outside the presence of the jury.

83.III.02: Attorneys.

[Deleted effective January 24, 2012. See Local Civ. Rule 83.I.08 (D.S.C.), RDE

IV.B (adopting South Carolina Rules of Professional Conduct except as otherwise

provided); South Carolina Rule of Professional Conduct 3.6 (“Trial Publicity”).]

83.III.03: Copies of Public Records. Any person may obtain copies of public records

from the clerk of court upon payment of copying fees. Representatives of federal agencies

requesting copies of records or papers that are unavailable through electronic access may obtain

copies without charge.

83.III.04: Conduct of Judicial Proceedings. In any case, the court, on motion of either

party or on its own motion, may issue a special order governing such matters as extrajudicial

statements by parties and witnesses likely to interfere with the rights of the parties to a fair trial

by an impartial jury, the seating and conduct in the courtroom of spectators and news media

representatives, the management and sequestration of jurors and witnesses, and any other matters

that the court may deem appropriate for inclusion in such an order.

83.III.05: Photographing and Reproducing Court Proceedings. The taking of

photographs or video and operation of audio recorders in the courtroom or its environs and radio

or television broadcasting from the courtroom or its environs, during the progress of or in

connection with judicial proceedings, whether or not court is actually in session, is prohibited.

The court may, however, permit (1) the use of electronic or photographic means for the

Fair trial directives relating to criminal matters are more extensive and may be found in the

Local Criminal Rules.

presentation of evidence or the perpetuation of a record; and (2) the broadcasting, televising,

recording, or photographing of investitive, ceremonial, or naturalization proceedings.

REMOVAL PROCEDURES

83.IV.01: Service and Filing of Notice of Removal. Service upon all adverse parties of a

notice of removal filed pursuant to 28 U.S.C. § 1446(a) and the filing of such notice with the

appropriate state court clerk shall constitute compliance with the requirements of 28 U.S.C. §

1446(d).

83.IV.02: Contents of Notice of Removal. Where removal is based on jurisdiction under

28 U.S.C. § 1332, the short and plain statement of the grounds for removal shall contain a

statement of the date of the commencement of the action.

PRETRIAL BRIEF REQUIREMENTS

83.V: [Pretrial brief requirements were moved to Local Civ. Rule 26.05 (D.S.C.)

effective December 1, 2000.]

CONDUCT OF TRIAL

83.VI.01: Opening Statement. Counsel for any party may summarize their pleadings to

the jury or make a statement to the jury of the ultimate facts alleged in the pleadings and their

theory of the case, but counsel shall not argue the case during the opening statement. The

pleadings shall not be submitted to the jury for its deliberations.

83.VI.02: Examination of Witness. One counsel only, on each side, shall examine or

cross-examine a witness. During examination in open court, the examining counsel shall stand.

83.VI.03: Scope of Redirect. Redirect examination in both civil and criminal trials shall

be limited only to new matters brought out on cross-examination.

83.VI.04: Closing Argument of Counsel. In the trial of a civil action, the plaintiff shall

open and conclude the testimony and argument unless the plaintiff’s entire case shall be admitted

by the defendant’s pleadings, and the controversy shall be wholly upon matter of counterclaim or

affirmative defense interposed by the defendant. A full opening of the case, both in testimony

and argument, shall be made by the party having the opening. Unless otherwise ordered by the

court, the reply shall be restricted to a reply to new matter both as to testimony and argument.

Closing arguments in criminal cases are governed by Fed. R. Crim. P. 29.11. The time allowed

for argument in both criminal and civil cases shall be limited by the court as the cause may seem

to require.

83.VI.05: Excusing Witnesses. In both criminal and civil cases, every witness is

automatically excused when he or she steps off the witness stand, unless one of the parties

objects.

SOCIAL SECURITY CASES

83.VII.01: Copies of Pleadings.

[Deleted effective November 15, 2013.]

83.VII.02: Initial Service of Process.

[Deleted effective December 1, 2022: Topic covered by Supplemental Rules for

Social Security included in the Federal Rules of Civil Procedure.]

83.VII.03: Reference to Magistrate Judge.

(A) After the briefing schedule (as set out in Local Civ. Rules 83.VII.07

(D.S.C.)), the case will be referred to a magistrate judge for either a

recommendation or a final order, dependent upon the consent of the parties

and the district court.

(B) The court will issue an order referring Social Security cases to the assigned

magistrate judge for final disposition in those cases where all parties have

submitted their consent to such referral.

83.VII.04: Answer of the Commissioner. The electronic certified administrative record

(eCAR) filed by the Agency satisfies the requirement of a certified copy of the administrative

record found in Rule 4(b) of the Supplemental Rules for Social Security.

83.VII.05: Expediting Cases. When a case that meets the criteria for being expedited as a

critical case as defined by the Agency’s Hearings, Appeals, and Litigation Law Manual has not

already been expedited by the Agency the claimant’s counsel shall confer with agency counsel

about that issue as soon as possible. See Local Civ. Rule 7.02 (D.S.C.). If the parties cannot

agree on whether the case should be expedited, the claimant may file a motion seeking an order

requiring that the eCAR be prepared and filed in a shorter timeframe than what these rules would

otherwise allow.

83.VII.06: Petitioner’s Brief.

[Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social

Security included in the Federal Rules of Civil Procedure.]

83.VII.07: Commissioner’s Brief.

[Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social

Security included in the Federal Rules of Civil Procedure.]

83.VII.08: Service of Briefs.

[Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social

Security included in the Federal Rules of Civil Procedure.]

83.VII.09: Objections to Report and Recommendation. A party may file an objection to

the magistrate judge’s report and recommendation within the time prescribed in 28 U.S.C.

§ 636(b)(1).

83.VII.10: Application for Attorney’s Fees. The following procedure will be used if the

petitioner’s attorney applies to the court for an order fixing attorney’s fees to be paid out of past

accrued benefits for an award of past due benefits. This rule does not apply to fees awarded

pursuant to the Equal Access to Justice Act.

(A) The original of any petition for attorney’s fees will be filed together with a

certificate of service showing a copy served on the United States Attorney. The

petition for attorney’s fees shall be filed no later than sixty (60) days after the

issuance of all notices of award of benefits from the Social Security

Administration. This does not preclude filing a petition based on fewer than all

anticipated notices of award of benefits. Noncompliance with this time limit may

be deemed a waiver of any claim for attorney’s fees, unless the attorney can show

good cause for the delay.

(B) The petition should comply with the requirements set forth in Gisbrecht v.

Barnhart, 535 U.S. 789, 792 (2002), and should contain evidence (copy of

Certificate of Social Insurance Award) that the case has reached the final

determination, that the Commissioner is withholding the fee requested, and that

the attorney and client entered a valid agreement for the fees. It should also

contain a supporting statement or affidavit by the attorney if a substantial amount

is involved or there are exceptional circumstances.

objections to the petition for attorney’s fees.

(D) The petition, together with supporting materials and the Commissioner’s

objection, if any, will be forwarded to the appropriate district judge or magistrate

judge for consideration.

ACTIONS FILED BY PRISONERS

83.VIII.01: Filing of Civil Rights Actions. All complaints filed by state, federal, and

local prisoners seeking relief under 42 U.S.C. § 1983 et seq., or under the holding in Bivens v.

Six Unknown Members of Federal Bureau of Narcotics, 403 U.S. 388 (1971), shall be filed with

the court in compliance with the instructions of the clerk of court on the appropriate form(s) or

on forms substantially similar. Instructions and the appropriate forms may be obtained from the

clerk of court without charge.

83.VIII.02: Procedure for State, Federal, and Local Prisoners Seeking to Proceed In

Forma Pauperis. The court shall maintain an operating procedure for prisoners seeking to

proceed in forma pauperis. The operating procedure, which is set forth in detail in a

miscellaneous order of the court, shall be fully effective as if reprinted in these rules.

83.VIII.03: Filing of Habeas Corpus Actions. All petitions filed by state, federal, and

local prisoners seeking relief under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 shall be filed with the

clerk of court in compliance with the instructions of the office of the clerk of court and on the

appropriate form(s) or on forms substantially similar. The instructions and the appropriate forms

may be obtained from the office of the clerk of court without charge.

83.VIII.04: Successive Habeas Corpus Petitions. The Anti-Terrorism and Effective

Death Penalty Act of 1996 has placed limitations on successive petitions. In light of conflicting

precedents in various federal jurisdictions and because most closed case records are at the

Federal Records Center, a magistrate judge or district judge may, in his or her discretion,

authorize service of a petition under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 where court records

do not conclusively show that a petition is successive. In such circumstances, the respondents

may raise successiveness as an affirmative defense.

83.VIII.05: Federal, State, and Local Prisoners Seeking Relief Under 28 U.S.C. § 2241.

All petitions filed by federal, state, and local prisoners seeking relief under 28 U.S.C. § 2241

shall be filed with the clerk of court in compliance with the instructions and on the appropriate

forms or on forms substantially similar. The instructions and the appropriate forms may be

obtained from the office of the clerk of court without charge.

83.VIII.06: State and Local Prisoners Seeking Relief Under 28 U.S.C. § 2241.

[Deleted effective November 15, 2013.]

83.VIII.07: Forms on Electronic Media. The clerk of court is authorized to promulgate

the civil rights forms or any habeas corpus forms on electronic media and is authorized to

distribute copies of the forms to correctional institutions, detention institutions, or litigants. Such

forms on electronic media, if promulgated, shall be deemed to be “forms substantially similar” to

the appropriate forms.

BANKRUPTCY PRACTICE

83.IX.01: Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. § 157(a), the court

hereby refers to the bankruptcy judges for this district all cases under Title 11 and all

proceedings arising under Title 11 or arising in or related to a case under Title 11. See 28 U.S.C.

§ 157, Procedures.

83.IX.02: Local Civil Rules of Bankruptcy Practice. Pursuant to Fed. R. Bankr. P. 9029,

the bankruptcy judges of this district are hereby authorized to make such rules of practice and

procedure as they may deem appropriate; however, in promulgating the rules governing the

admission or eligibility to practice in the bankruptcy division, the bankruptcy judges shall

require district court admission except for appearances pro se or for appearances pursuant to the

student practice rules of this court.

(A) Pro Hac Vice Admission. The bankruptcy judges, as judicial officers of the

district court, are hereby empowered to grant pro hac vice admission to the

district court for bankruptcy matters under rules identical to this court’s

rules on such admission.

(B) Exemption. When appropriate, the bankruptcy judges may exempt certain

filings such as the filing of claims from these requirements.

83.IX.03: Jury Trials by Bankruptcy Judges. The United States District Court for the

District of South Carolina hereby specially designates the bankruptcy judges of this district to

conduct jury trials pursuant to 28 U.S.C. § 157(e).

83.IX.04: Disciplinary Rules. The Rules of Disciplinary Enforcement set forth at Local

Civ. Rule 83.I.08 (D.S.C.) apply in the bankruptcy division of the district court.