E-Filing to an Existing Case1. Is E-Filing mandatory for all filings on any case?
2. Must I E-File a document to a case that was filed traditionally or must the case have originated as an E-Filed case?
All documents must be E-Filed if the county you are filing in has implemented E-Filing and the case or document type is not exempted from the pilot program. For instance, a map, plat, or other exhibit which cannot be scanned may be traditionally filed.
3. Once a document is E-Filed, will the image be available on-line?
You must E-File to any existing Common Pleas case for a county which has implemented E-Filing, regardless of how the case was initially filed, unless the case or the document is exempted or cannot be E-Filed.
4. Will all images be available on the Trial Court Public Index once E-Filing begins in a county?
Any document submitted via E-Filing must be reviewed and accepted by the office of the Clerk of Court. Generally, after a document has been approved it will be immediately available on the Trial Court Public Index; however, a Confidential Reference List is NOT available on the Trial Court Public Index. Also, sealed or confidential documents are NOT displayed on the Trial Court Public Index.
5. What is a proposed order? Do I use a different format?
Generally, documents filed or scanned on or after April 14, 2014, the enactment date of Rule 41.2, SCRCP, will be displayed on the Public Index. The decision whether to verify and publish documents which were filed and/or scanned prior to that date will be left to the individual county Clerks of Court.
6. Can Self-Represented Litigants use E-Filing?
Proposed Orders must be filed in Microsoft Word format with either a .doc or .docx extension. This allows the reviewing Judge to edit the Proposed Order before signing. Once the Judge affixes a signature the Proposed Order is saved as an Order in PDF format for the Clerk of Court to enter it. The exceptions are Proposed Orders of Consent which require the signature of non-E-Filers (e.g. -- Forfeiture Consent Orders).
7. Can I add a party to an existing case?
Self-Represented Litigants, or Pro Se Litigants may NOT E-File at this time.
Under the E-Filing Policies and Guidelines, an E-Filer must E-File a document when utilizing the electronic "Add a Party" function. Specifically, Section 11(f) of the E-Filing Policies and Guidelines provides that "An Authorized E-Filer must include a document, such as an answer, response, or other pleading in any submission." Although an answer or a motion might most commonly be E-Filed, other documents, including a written notice of appearance stating the lawyer is appearing on behalf of the added party constitutes an "other pleading," and the filing should be accepted. Most commonly, the lawyer will utilize the Action "Notice/Underinsurance Carrier" to upload this notice in UIM cases.