2. Scope and Participation
(a) Commencement. The Pilot Program shall commence in the Court of Common Pleas in a specified county or counties upon Order of the Supreme Court or the Chief Justice of the Supreme Court, and may expand to other counties as ordered by the Supreme Court or the Chief Justice of the Supreme Court.
(b) Scope. Unless otherwise excluded by these Policies and Guidelines or by Order of the Supreme Court or the Chief Justice,1 all filings in all civil cases commenced or pending in any E-Filing county after the effective date of the Pilot Program shall be E-Filed if the party is represented by an attorney. The Clerk of Court will not accept Traditional filings submitted by attorneys except in excluded cases, where an excluded document is filed in an E-Filing case, where an attorney has been excused from participation, or where the document cannot be E-Filed as otherwise set forth in these Policies and Guidelines.
(c) Excluded Cases. The following cases are excluded from participation in the Pilot Program:
(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) Post-Conviction Relief Cases, Habeas Corpus Cases, Mandamus Actions on Behalf of Inmates, and all other Inmate Petitions or actions;
(2) Sexually Violent Predator Actions; and
(3) Petitions by Minors for Judicial Consent for Abortion.
(1) A motion that may be filed ex parte in an existing case;
(2) A filing that initiates a new case and exceeds 40 Megabytes when converted to PDF;
(3) Settlements filed as new cases, including Minor Settlement and Death Settlement Proceedings, if initiated and filed by the defendant, rather than the plaintiff. However, in cases where the plaintiff is represented by a member in good standing of the South Carolina Bar, a settlement filed as a new case may be E-Filed by the defendant.
(e) Attorneys Excused from Participation. An attorney may be excused from participation only upon a showing that the attorney has a disability that prevents the attorney from complying with these Policies and Guidelines. An attorney seeking to be excused from participation shall submit a request to the Clerk of the Supreme Court on a Form approved by the Supreme Court establishing the basis for the disability claim and indicating whether the disability is permanent or temporary. For the purposes of this section, the Clerk of Court may consider the ability of an employee of the attorney's law firm, office, or business to comply with the Policies and Guidelines in determining whether to excuse the attorney. An attorney excused from participation in the Pilot Program shall file and serve documents as a Traditional Filer.
Last amended by Order dated October 6, 2021.
1 A county may, with the permission of the Supreme Court, permit E-Filing on a voluntary basis during the initial stages of the Pilot Program.