The Supreme Court has amended the Electronic Filing Policies and Guidelines to add an E-Filing exemption and to require the submission of the Technical Failure/Difficulty Form when an attorney seeks to file a document by a Traditional method of filing under Section 2(d) of the Policies and Guidelines.

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2016-08-10-01

The Supreme Court of South Carolina

Re: Amendments to the South Carolina Electronic Filing Policies and Guidelines; Pilot Version-Common Pleas

Appellate Case No. 2015-001532

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ORDER

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Pursuant to Art. V, § 4 of the South Carolina Constitution, we adopt the attached amendments to Section 2 of the South Carolina Electronic Filing Policies and Guidelines.  We also amend the Certificate of Technical Failure/Difficulty Form.

These amendments alter Section 2(d) of the Policies and Guidelines to provide for an exemption from mandatory E-Filing where the defendant, rather than the plaintiff, initiates a new case as a minor settlement or death settlement.  We further amend Section 2(d) of the Policies and Guidelines and the Technical Failure/Difficulty Form to provide that, whenever a party seeks to Traditionally file a document pursuant to one of the exemptions listed in Section 2(d), the party must also submit a Technical Failure/Difficulty Form explaining the claimed exemption.  These amendments are effective immediately.

s/Costa M. Pleicones                       C.J. s/Donald W. Beatty                             J. s/John W. Kittredge                             J. s/Kaye G. Hearn                                  J. s/John Cannon Few                             J.

Columbia, South Carolina
August 10, 2016

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Section 2(d) of the South Carolina Electronic Filing Policies and Guidelines is amended to provide:

(d) Excluded Documents. The following documents may not be E-Filed, regardless of whether the filer is an attorney, and must be Traditionally filed together with a Certificate of Technical Difficulty:

(1) A motion to quash a subpoena filed by or on behalf of a non-party;

(2) A motion that may be filed ex parte in an existing case;

(3) Any other pleadings filed by or on behalf of a person or
entity who is not a party to an existing case, other than motions to intervene or filings by a person or entity granted intervenor status;

(4) A filing that initiates a new case and exceeds 40 Megabytes when converted to PDF;

(5) Settlements filed as new cases, including Minor Settlement and Death Settlement Proceedings, if initiated and filed by the defendant, rather than the plaintiff.