The Supreme Court of South Carolina

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

Appellate Case No. 2015-002219

ORDER

Pursuant to Art. V, § 4 of the South Carolina Constitution, we adopt the attached amendments to the South Carolina Electronic Filing Policies and Guidelines. 

These amendments are intended to clarify that: (1) documents signed solely by attorneys who are Authorized E-Filers should be signed using an Electronic Signature and converted to PDF for E-Filing; (2) only attorneys who are Authorized E-Filers may utilize an Electronic Signature on E-Filed documents, and support staff, such as paralegals, legal assistants, or notaries are not permitted to use an Electronic Signature; and (3) court officials authorized to sign orders may do so using an original, Traditional Signature, rather than an electronic signature page, if the order is signed during a hearing or as required by the circumstances. 

Columbia, South Carolina
January 25, 2016

Section 1(e) of the South Carolina Electronic Filing Policies and Guidelines is amended to provide:

(e) "Electronic Signature" is the Authorized E-Filer's s/[typed name] in electronically filed documents, combined with the use of the Authorized E-Filer's login and password to access the E-Filing System, and other pertinent identifying information set forth in Section 5 below. Only an Authorized E-Filer may utilize an Electronic Signature on an E-Filed document.

Section 1 of the South Carolina Electronic Filing Policies and Guidelines is further amended to add paragraph (p), which provides:

(p) "Traditional Signature" is the original, handwritten signature of any person. All persons who are not Authorized E-Filers, including, but not limited to, paralegals, legal assistants, and notaries, are required to use a Traditional Signature on all E-Filed documents.   

Section 5(a) the South Carolina Electronic Filing Policies and Guidelines is amended to provide:

(a) Electronic Signatures.

(1) Pleadings, motions, and all other documents signed solely by attorneys who are Authorized E-Filers must be signed using an Electronic Signature and converted from a word processing format to PDF for E-Filing. A pleading, motion, or other document signed solely by an attorney who is an Authorized E-Filer may not be signed with the Authorized E-Filer's Traditional Signature and scanned to PDF.       

(2) The use of the Authorized E-Filer's login and password, combined with the use of the s/[typed name] in the signature line of an E-Filed document shall constitute the Authorized E-Filer's Electronic Signature on all E-Filed documents in accordance with Rule 11, SCRCP. The Authorized E-Filer shall also provide other identifying information, including the name, physical address, telephone number, and email address of the E-Filer, along with the E-Filer's South Carolina Bar Number. For example:

s/John Doe
S.C. Bar No. 12345
Attorney for the Plaintiff
1234 Any Street
Columbia, SC 29201
803-555-0111
name@email.com

Section 5(c) of the South Electronic Filing Policies and Guidelines is amended to provide:

(c) Signatures of Persons Other than Authorized E-Filers. Only an attorney who is an Authorized E-Filer may utilize an Electronic Signature on an E-Filed document. Documents containing the signature of persons other than Authorized E-Filers, including affidavits, other notarized or signed documents, certificates of service signed by paralegals or legal assistants, or proposed consent orders, cannot be E-Filed with an Electronic Signature. Any document that requires a signature of a person who is not an Authorized E-Filer must be signed with a Traditional Signature and E-Filed as a scanned PDF image.

Section 6(a) of the South Carolina Electronic Filing Policies and Guidelines is amended to provide:

(a) Signing of Orders. Orders shall be electronically filed by the court or court personnel. Judges or court personnel authorized to sign orders should utilize an electronic signature page for the electronic signing of all orders, including any form orders. Where electronically signed by a judge, the signature on the electronic signature page shall include the individual judge's code assigned by Court Administration and the s/typed name of the judge as an electronic signature. Electronically signed and filed court orders and judgments shall have the same force and effect as if the judge had affixed a written signature to a paper copy of the order. Orders may also be signed by judges using a Traditional Signature, rather than an electronic signature, if signed during a hearing or as required by the circumstances.