In re South Carolina Electronic Filing Policies & Guidelines

Citations: 415 S.C. 1; 780 S.E.2d 600; 2015 S.C. LEXIS 365Docket: Appellate Case No. 2015-001532

Court: Supreme Court of South Carolina; October 28, 2015; South Carolina; State Supreme Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

The South Carolina Court has adopted Electronic Filing Policies and Guidelines, effective as E-Filing is implemented on a county basis per future Administrative Orders. Key definitions include:

- **Authorized E-Filer**: A licensed attorney in good standing registered to E-File.
- **Case Management System Public Index**: An automated public access system for case information and court documents.
- **Document**: Any written material submitted electronically under these guidelines.
- **Electronic Filing System**: The automated system for receiving and storing electronically filed documents.
- **Electronic Signature**: An Authorized E-Filer’s typed name and login credentials used for E-Filing.
- **E-Filing**: The electronic submission of documents by Authorized E-Filers.
- **E-Service**: Electronic notice of an E-Filing sent to Authorized E-Filers.
- **Notice of Electronic Filing (NEF)**: An automated email notice detailing filings sent to all Authorized E-Filers on record.
- **PDF**: The standard format for E-Filing documents.
- **Technical Failure**: Malfunctions in court-run systems affecting E-Filing capability, excluding issues with an Authorized E-Filer's personal equipment.
- **Traditional Filer**: Non-E-Filers who submit paper documents.
- **Traditional Filing**: Physical submission of paper documents with original signatures.
- **Traditional Service**: Delivery of paper documents by methods allowed under South Carolina civil procedure rules. 

These policies aim to streamline the E-Filing process in the Court of Common Pleas.

The Pilot Program will initiate in designated counties upon order from the Supreme Court or Chief Justice, with potential expansion to other counties. It mandates electronic filing (E-Filing) for all civil cases initiated or pending in E-Filing counties, requiring attorney representation, while traditional filings are generally not accepted unless specified exceptions apply. Excluded cases from the Pilot Program include Post-Conviction Relief Cases, Habeas Corpus Cases, certain inmate actions, and petitions by minors for judicial consent for abortion. Certain documents cannot be E-Filed, including motions to quash subpoenas by non-parties, ex parte motions, filings by non-parties not seeking to intervene, and new case filings exceeding 40 megabytes in PDF format, which must include a Certificate of Technical Difficulty if filed traditionally. Attorneys may be excused from participation due to disabilities, requiring a formal request to the Clerk of the Supreme Court. Eligibility for participation is limited to licensed attorneys in good standing with the South Carolina Bar, while pro hac vice attorneys must utilize local counsel for electronic filings. Registration for the E-Filing Pilot Program involves completing an Electronic Registration Agreement and maintaining accurate email contact information for E-Service.

Eligible attorneys must agree to the Terms and Conditions of Electronic Filing to participate in the Pilot Program, in addition to adhering to established Policies and Guidelines. Authorized E-Filers consent to E-Service and are required to use the E-Filing System for submitting documents that need to be served per Rule 5(d), SCRCP. 

Authorized E-Filers are responsible for safeguarding their login credentials but may allow supervised agents to use their accounts for filing. If unauthorized use is suspected, they must immediately notify the South Carolina Judicial Department IT Helpdesk.

E-Filing involves electronically transmitting documents per the Policies and Procedures, with any fees payable by credit card upon submission. E-Filed documents serve as the official record and hold the same legal weight as traditionally filed documents, which can be converted to electronic format by the Clerk of Court. Original documents that must be preserved by law or court order cannot be destroyed.

Timeliness is crucial; documents received by the E-Filing System by 11:59:59 p.m. Eastern Standard Time are considered filed on that date, pending acceptance by the Clerk of Court. Filing and service deadlines remain unchanged by these guidelines. The Clerk of Court will review electronic filings for compliance, and upon acceptance, the filing is officially recorded with a date and time stamp, and a case number is assigned if it initiates a new case.

If the Clerk of Court rejects a document, it will not be included in the court record, and the E-Filer will be notified of the rejection and its reason through the E-Filing System. A new Notice of Electronic Filing (NEF) will be sent to all E-Filers in the case, indicating the rejection, and the previous NEF will not serve as proof of service.

Electronic service of process for initiating cases, such as summons and complaints, is not permitted through the E-Filing System. However, subsequent filings will automatically generate and send an NEF to all Authorized E-Filers in the case, establishing proper service under Rule 5, SCRCP. E-Filers must check the content of their filed documents to ensure their validity.

No NEF is created at the case initiation, but confirmations of receipt and acceptance are transmitted. NEFs are sent via email only to counsel of record. E-Filers must consult the E-Filer User Guide for proper procedures.

Service is considered complete upon E-Filing if an NEF is generated, equating the E-Filing act to mailing under Rule 5(b)(1), with the NEF serving as proof of service. E-Filers do not need to file additional proof of service but must keep a copy of the NEF.

The response time following service by NEF is governed by Rule 6, SCRCP, treating electronic service as equivalent to U.S. Mail, thus adding five days to the response period based on the NEF's Official File Stamp date.

For parties not represented by an E-Filer, motions and pleadings must be served by traditional means as per Rule 5, SCRCP. An E-Filer must provide a paper copy of the NEF to Traditional Filers and file proof of traditional service for those parties.

Traditional Filers are required to serve all parties with a paper copy of pleadings or motions following Rule 5, SCRCP, and must file a copy with the Clerk of Court, including proof of service as mandated by Rule 5(d), SCRCP. If an Authorized E-Filer discovers that the Notice of Electronic Filing (NEF) was not successfully transmitted or is deficient, they must serve the E-Filed document via email, hand delivery, facsimile, or first-class mail, with proof of service E-Filed within one business day.

For E-Filed documents, the Authorized E-Filer’s login and password, along with their typed name in the signature line, constitute an Electronic Signature per Rule 11, SCRCP. Additional identifying information, such as the E-Filer’s name, physical address, contact information, and South Carolina Bar Number, is also required. If multiple signatures are needed, one Authorized E-Filer can file the document with consent from others, which must be documented.

Documents needing signatures from non-Authorized E-Filers, like affidavits or consent orders, must be submitted as scanned PDF images. Court orders and judgments will be electronically filed by court personnel, using an electronic signature page that includes the judge's code and typed name, holding the same validity as a handwritten signature.

All electronically filed orders or judgments involving E-Filing System participants will be entered electronically. The E-Filing System will send an NEF to all Authorized E-Filers upon entry, fulfilling the notice requirements of Rule 77(d), SCRCP. Parties not using the E-Filing System must be served via Traditional Service. An Authorized E-Filer acknowledges receipt of an order or judgment upon receiving the emailed NEF, and it is their responsibility to review the order's content, although delays in access do not impact receipt timing.

Documents prepared by an E-Filer, excluding proposed orders, must be converted to text-searchable PDF format using PDF conversion software. If conversion is not possible, documents should be scanned to PDF. The E-Filing System does not perform conversions. All E-Filed pleadings must comply with Rule 10, SCRCP, and Rule 603, SCACR. Original documents filed as attachments must be scanned to PDF at 300 dpi in black and white, unless color is necessary. The maximum size for a single document submission is eight megabytes, and the total submission size cannot exceed forty megabytes; larger documents must be divided.

Attachments and exhibits must be scanned to PDF and E-Filed separately from the main pleading, except in cases where the document cannot be viewed electronically. Proposed orders should generally be submitted in Microsoft Word format, with specific submission methods outlined, including E-Filing as attachments to motions or emailing to judges as needed. E-Filed documents can include bookmarks, but hyperlinks are not allowed. Exhibits that cannot be electronically filed must be traditionally filed.

For technical difficulties, Authorized E-Filers should contact the South Carolina Judicial Department IT Helpdesk. The Electronic Filing System is considered technically failed if it cannot accept filings for over one hour after noon, with failure notifications provided via the E-Filing web page and email alerts.

Technical difficulties that impede an Authorized E-Filer from successfully E-Filing a document include malfunctions of their equipment, software, hardware, or internet connection. If a Technical Failure of the Electronic Filing System or a technical difficulty occurs on the required filing day, the E-Filer can resort to the following procedures:

1. **Traditional Filing**: The E-Filer may physically deliver the document to the county Clerk of Court's office, accompanied by a signed certification indicating a Technical Failure or unsuccessful attempts to E-File the document at least twice. If the document needs to be served under Rule 5, SCRCP, the E-Filer must serve it and the certification via Traditional Service methods to all other parties.

2. **Alternative Methods of Submission**: If physical delivery isn't possible, the E-Filer can use alternative submission methods while preserving the filing timeline. A signed certification is required, stating the Technical Failure or unsuccessful E-Filing attempts. Service of the certification and the document must be done by email, hand delivery, facsimile, or first-class mail. Alternatives include:
   - Emailing the document as a PDF with a typed signature to the designated email for Technical Failures.
   - Faxing the first and signature pages to the Clerk of Court. 

This alternative submission does not constitute a proper filing but preserves the filing time. The document must be E-Filed within one business day of remedying the Technical Failure or the next business day for technical difficulties, with required fees paid at that time. Confidential reference lists should not be included in this submission but can be E-Filed later.

3. **Traditional Service Methods Permitted**: If a Technical Failure or difficulty prevents E-Filing and E-Service, the document can be served on other Authorized E-Filers using Traditional Service methods under Rule 5, SCRCP. The E-Filer must subsequently E-File the document along with proof of Traditional Service within one business day after resolving the Technical Failure or the following business day for technical difficulties, including payment of any necessary fees.

An Authorized E-Filer facing repeated technical difficulties in E-Filing may resort to Traditional Filing methods after making three or more attempts on at least two separate days and contacting IT Helpdesk for assistance. A Certificate of Technical Difficulties must accompany the Traditional filing, detailing these efforts. The E-Filer is also required to serve the filed document and certification to all parties using Traditional Service methods. If an E-Filer experiences prejudice due to a Technical Failure, they can seek relief from the court. Scheduled maintenance of the E-Filing System is announced in advance, and no Technical Failure is recognized during such times.

Public access to the Case Management System Public Index allows limited access to E-Filing information, while attorneys must ensure clients are informed about the handling of personal identifying information in documents. All filings must avoid including unredacted personal identifying information as outlined in Rule 41.2(a), with responsibility for redaction resting solely on the E-Filer. The Clerk of Court may require amended filings if unredacted information is found, and repeated failures can lead to sanctions per Rule 11, SCRCP.

For redacted personal identifying information relevant to a case, a Confidential Reference List can be filed, which will not be publicly accessible but must be served to all parties and filed separately from the redacted document. Motions to seal documents are governed by Rule 41.1, requiring E-Filing unless prohibited by law, with in camera submissions needing to be delivered to the court via traditional means. Documents under seal are not available to the public in any format.

Discovery materials and communications between parties must not be exchanged using the E-Filing System if they are not meant for court filing. The Policies and Guidelines can be cited as Section SCEF. The court does not require paper copies of E-Filed documents. If a party identifies a data entry error in the E-Filing or Case Management System, they may submit a written request to the Clerk of Court in the relevant county. This request must assert a clerical or scrivener’s error, such as incorrect party names or filing events, but cannot be used to amend filed documents. 

Requests must be filed using a Supreme Court-approved form detailing the error and the requested correction. If the request is valid under the specified criteria, the Clerk must correct the error within ten days and respond accordingly. If the request is invalid, the Clerk will decline to make the correction within the same timeframe. Unclear requests will be referred to the Chief Judge or another judge for determination. A party may seek court relief if they believe the Clerk has incorrectly declined to correct an error. The Policies and Guidelines are to be interpreted liberally to promote justice, and counties may allow voluntary E-Filing during the early stages of the Pilot Program with Supreme Court approval.