Business Processes1. When do I have to file a Notice of Appearance?
2. What happens if I E-File incorrect information in the E-Filing system?
An electronic Notice of Appearance must be E-Filed either before or together with an Answer, Rule 12(B), SCRCP, motion filed in Lieu of Answer, Motion to Set Aside Default, or any other initial responsive pleading you file. Otherwise, you will receive an error message that you must first E-File a Notice of Appearance. The Notice of Appearance is simply an action which you can select and submit without attaching a document.
3. When I E-File a Proposed Order, must I E-File an Order Coversheet with the Order?
If the incorrect information is a typographical error or scrivener's error, and the information is correct in the pleading you filed, you may file a Request to Correct Data Entry Error Form specifying the nature of the error and what the correct entry should be.
4. How do I amend a complaint or correct the content of a document?
If you are filing a Proposed Order without an accompanying Motion, you must file an Order Coversheet in order for the $25 fee, which is required, to be assessed. If you are not already a filer on the case, and the Proposed Order is the first document you have filed, you will also need to E-File a Notice of Appearance.
5. How do I E-File a Confidential Reference List?
If the substance of the complaint needs to be amended, you should E-file an amended complaint document. There are several Amended actions to choose from, such as Amended Summons and Complaint, Amended Answer, etc. Keep in mind that the current deadlines to file amended pleadings have not been changed by the adoption of E-Filing.
6. What if I incorrectly E-File a Confidential Reference List as a non-confidential document?
You should E-File the Confidential Reference List at the same time you E-File the redacted document. Just after uploading the redacted document in E-Filing, and while still on the 'Add a Document' Page, add the action 'Confidential Reference List' and upload your completed Confidential Reference List of Redacted Identifiers. If you are filing more than one redacted document, a separate Confidential Reference List must be filed for each redacted document.
7. Does the Clerk of Court have a duty to mark a filing confidential if he or she notices that the filer has included personal identifying information?
You should immediately contact the Clerk of Court.
8. Will traditional filings made by inmates be scanned and added to the Public Index?
The Clerk of Court has no responsibility to review or redact any document. Whatever you choose to submit to the Court will not be edited in any manner. Attorneys are totally responsible for the content of their filings.
9. Who is responsible for scanning and filing the transcript and exhibits following Master in Equity hearings?
All Clerks of Court have the ability to scan; however, there is no requirement that documents be scanned. If the Clerk scans the document, it will be available on the Public Index.
10. How will I E-File orders and reports as a Special Referee?
Attorneys and Court Reporters should send an electronic copy of exhibits and transcripts to the Master in Equity. These documents will be uploaded by the Master in Equity or a designee.
11. How will I E-File documents as an Arbitrator or Mediator?
Per Amended Order dated September 7, 2016, until further notice attorneys acting as special referees shall not Electronically File (E-File) signed orders in cases where they are acting as special referees. Special referees must submit documents for filing by (1) utilizing a Traditional Filing method, such as submitting signed orders to the clerk of court directly or mailing signed orders to the clerk; or (2) with advance permission of a clerk of court, by emailing signed orders to the clerk of court.
This Order does not excuse attorneys who serve as special referees from mandatory E-Filing in cases where they are counsel for a party. This Order modifies a previous Order dated January 15, 2016, and is effective immediately.
12. How do I file an original Order signed by a judge?
You should electronically sign, then convert your documents to searchable .pdfs, and e-mail them to the Clerk of Court, who will file them for you.
13. If I file on an Statute of Limitations deadline, how do I receive immediate acceptance so as not to miss the deadline?
With the exception of signed orders of protection from court appearance, attorneys cannot E-File signed orders. Judges have the ability to sign proposed orders filed by an attorney, and these orders are automatically sent to the Clerk of Court once signed. Judges may also upload and sign original orders, which are then automatically routed to the Clerk's office.
14. Do assisting attorneys (at the same firm) need to be added as co-counsel or do they need to file a Notice of Appearance?
The date and time of submission is part of the filing. Once the filing is accepted by the clerk the submission date and time will become the official date/time of filing. There is no immediate acceptance by the Clerk because it is not necessary.
15. How do I fill out the fields for a third party complaint?
Co-counsel can be added at the time of the initial filing. Once the case has been filed, a Notice of Appearance will be needed thereafter. The "Initiating a Case" and the "Notice of Appearance" videos and reference guides will show you step by step information.
16. How do I add any unknown parties like John Doe and Mary Roe to my case?
Reference Guide ARG-25, Adding Additional Parties provides step-by-step instructions on this topic.
17. Are copies of e-filed documents considered "certified" copies?
Unknown parties should be entered as any other individual (e,g.-- Last Name = Doe; First Name = John). For specific instructions on entering party names, click on the link Data Entry Standards for Lawyers located on the E-Filing Portal Page (www.sccourts.org/efiling).
18. How do I obtain an order of protection from a court appearance?
No. Should you require a certified copy of any court document (for example, to present to a court other than the one in which it was filed), you will need to ask the Clerk of Court to prepare and provide a "certified" copy.
19. How do I E-File if I represent an insurance company in an uninsured (UM) or underinsured (UIM) motorist case?
There are two ways in which an attorney may seek an order of protection from a court appearance.
First, you may E-File a motion and proposed order in each case on which you are seeking protection.
Alternatively, you may send a letter and proposed order via U.S. mail to the Chief Administrative Judge for that county listing the dates of protection and all cases on which you are seeking protection. The Chief Administrative Judge will hand-sign the order and return it to you. You should then scan the order and E-File the order in each case on which protection was granted. You will E-File using the Action Type "Filing" and the Action "Order/Signed Order/Protection from Court Appearance."
If you represent an insurance company in a UM or UIM situation, you may file your answer, response, or other pleading together with an electronic action (no document upload is required) called Add Party to Case, and select the "Other Party" tab when the Add Party to Case form is displayed. This will allow you to file on behalf of the insurance carrier. For detailed instructions, please refer to attorney reference guide ARG-25, Adding Additional Parties.