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Rule Changes Submitted to the General Assembly

Pursuant to Article V, § 4A of the South Carolina Constitution, the following were submitted to the South Carolina General Assembly on January 15, 2014:

(1) An order amending Rule 244 of the South Carolina Appellate Court Rules.

(2) An order amending Rules 11 and 77 of the South Carolina Rules of Civil Procedure.

(3) An order adding Rule 41.2 to the South Carolina Rules of Civil Procedure.


2014-01-15-01

The Supreme Court of South Carolina

RE: Amendments to the South Carolina Appellate Court Rules


ORDER


Pursuant to Article V, § 4, of the South Carolina Constitution, the South Carolina Appellate Court Rules (SCACR) are amended as follows:

(1) Rule 244(b), SCACR, is amended to read:

(b) Procedure.  The certification order shall be signed by the presiding judge or the chief judge, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal.  A certification order shall set forth the questions of law to be answered, all findings of fact relevant to the questions certified, and a statement showing fully the nature of the controversy in which the questions arose. The Supreme Court will not consider any documents or other evidentiary materials unless the certifying court has submitted those materials.  The Supreme Court may request the original or copies of all or of any portion of the record before the certifying court to be filed with the Court, if, in the opinion of the Supreme Court, the record or a portion thereof may be necessary in deciding to accept or in answering the questions.  In the event a party believes that additional materials from the record before the certifying court are necessary, it shall notify the Supreme Court and the certifying court so that the certifying court can determine if the additional materials will be submitted.

(2) Paragraphs (d)-(g) of Rule 244, SCACR, are re-designated as Paragraphs (e)-(h) of that rule.

(3) Rule 244(d), SCACR, is added as follows:

(d) Pro Hac Vice Admission.  Within fifteen (15) days of the date of the order of the Supreme Court agreeing to answer the certified question(s), any counsel representing a party before the certifying court who is not licensed to practice law in South Carolina and who desires to participate in the proceedings before the Supreme Court, shall make a motion to be admitted pro hac vice and file the  application required by Rule 404, SCACR.  In recognition of the unique nature of the proceedings under this rule, a counsel representing a party before the certifying court may be admitted pro hac vice without associating South Carolina counsel and without paying the application fee required by Rule 404.  In all other respects, the motion and application must fully comply with the requirements of Rules 240 and 404, SCACR.

These amendments shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.

s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
January 15, 2014


2014-01-15-02

The Supreme Court of South Carolina

Re: Amendments to the South Carolina Rules of Civil Procedure

Appellate Case No. 2013-002682


ORDER


Pursuant to Article V, § 4 of the South Carolina Constitution, Rule 11 and Rule 77 of the South Carolina Rules of Civil Procedure (SCRCP) are amended as shown in the attachment to this order.  These amendments shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.

s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
January 15, 2014


The first paragraph of Rule 11(a), SCRCP, is amended to provide as follows:

(a) Signature. Every pleading, motion or other paper of a party represented by an attorney shall be signed in his individual name by at least one attorney of record who is admitted to practice law in South Carolina, and whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign his pleading, motion or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The written or electronic signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information and belief there is good ground to support it; and that it is not interposed for delay.


Rule 77(d), SCRCP, is amended to provide as follows:

(d) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk shall serve a notice of the entry by first class mail upon every party affected thereby who is not in default for failure to appear, and shall make a note in the case file or docket sheet of the mailing. For parties proceeding in the SCE-File electronic filing system, the clerk shall serve a notice of the entry by electronically transmitting a Notice of Electronic Filing to all parties. Such mailing or electronic transmission shall not be necessary to parties who have already received notice. Such mailing or electronic transmission is sufficient notice for all purposes for which notice of the entry of an order or judgment is required by these rules; but any party may in addition serve a notice of entry on any other party in the manner provided in Rule 5 for the service of such papers. In addition to the above, in post-conviction relief actions, the post-conviction relief judge shall submit the signed order or judgment to the clerk of court for filing and the clerk shall promptly provide notice of the entry of judgment and serve a copy of the signed order to the parties. Pursuant to Rule 5(b) service shall be made solely on the attorney when the applicant is represented by counsel and, where an applicant is proceeding pro se, service shall be made upon the applicant at the last known address provided to the clerk by the applicant.

Note to 2014 Amendment

This amendment requires the clerk to serve notice of entry of an order or judgment through the SCE-File electronic filing system for all parties who are proceeding in the electronic filing system. Any party or the attorney for a party who is a traditional filer and not proceeding in the electronic filing system must be served by first class mail as provided in paragraph (d).


2014-01-15-03

The Supreme Court of South Carolina

Re: Amendment to the South Carolina Rules of Civil Procedure

Appellate Case No. 2013-002681


ORDER


Pursuant to Article V, § 4 of the South Carolina Constitution, the South Carolina Rules of Civil Procedure (SCRCP) are amended as shown in the attachment to this order to add Rule 41.2, SCRCP.  This amendment shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.


s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
January 15, 2014


 

The South Carolina Rules of Civil Procedure are amended by adding the following rule:

RULE 41.2
PRIVACY PROTECTION FOR FILINGS

(a) Redaction.  A person filing a document in paper or electronic format shall not include, or will redact where inclusion is necessary, the following personal identifying information.

(1) Social Security Numbers, Taxpayer Identification Numbers, Driver's License Numbers, Passport Numbers or Any Other Personal Identifying Numbers.  If it is necessary to include personal identifying numbers in a document, the parties should utilize some other identifier.  Parties shall not include any portion of a social security number in a filing.   

(2) Names of Minor Children.  If a minor is the victim of a sexual assault or the victim in an abuse or neglect case, the minor's name must be completely redacted and a term such as "victim" or "child" should be used.  In all other cases, the minor's first name and first initial of the last name (i.e., John S.), or only the minor's initials (i.e., J.S.) should be used.

(3) Financial Account Numbers, Including Any Type of Bank Account Numbers, Personal Identification Number (PIN) Code, or Passwords.  If financial account numbers are relevant, only the last four digits of these numbers should be used.

(4) Home Addresses of Minors, Sexual Assault and Abuse and Neglect Victims, and Non-Parties.  If a home address of a minor, sexual assault victim, or non-party must be included, only the city and state should be used.

(5) Date of Birth.  If a date of birth must be included, only the year of birth should be included.

Note:

Easy access to electronic court records raises privacy concerns.  This rule details the type of personal information that parties are required to redact in court filings.  Parties preparing or filing documents are prohibited from filing documents which contain personal identifying information delineated in S.C. Code Ann. § 30-2-330(A).  Parties should exercise caution and refrain from including any unnecessary personal identifying information in court filings so as to limit the necessity of redacting documents.  Furthermore, parties should exercise caution in including other sensitive personal data in filings, such as medical records, employment history, individual financial information, proprietary or trade secret information, information regarding an individual's cooperation with the government, information regarding the victim of any criminal activity, or national security information.           

(b) Reference Lists.  Where personal data identifiers are relevant to an issue in the case, a filing that contains redacted information may be filed together with a confidential reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed.  The list must be filed as a confidential document, which is not available to the public, and may be amended as of right.  The confidential reference list shall not be made available on the Case Management System Public Index and may only be viewed by the parties and the court and staff.  Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.  No order of the court is required to file a reference list.

Note:

Paragraph (b) provides for the same procedure as provided in Rule 5.2(g) of the Federal Rules of Civil Procedure and permits parties to file a reference list to accompany a redacted filing.  Parties should only file a reference list if the redacted information is relevant to an issue in the case or necessary to understand the filing. 

(c) Responsibility to Redact.  The clerks of court and their staff will not review filings for redaction or to determine if materials should be sealed pursuant to Rule 41.1, SCRCP.  The responsibility for ensuring that information is redacted or sealed rests with counsel and the parties.

(d) Limitations on Remote Access to Electronic Files.  Some documents or images that are filed may be removed from the Case Management System Public Index.

(1) The clerk of court may remove documents, exhibits, or other filings that may be highly inflammatory or otherwise potentially harmful.  

(2) Documents, exhibits, or other filings which are removed under paragraph (d)(1) may be viewed at the courthouse.

(e) Requests to Remove.  An individual may request that a clerk of court remove, from an image or copy of an official record placed on the Case Management System Public Index, any data which should have been redacted under paragraph (a) of this rule. 

(1) Any request to remove data which should not have been included or should have been redacted in accordance with paragraph (a) must be made in writing, legibly signed by the requester, and delivered by mail, facsimile, electronic transmission, or in person to the clerk of court.  The request must specify the document and the page number of the document that contains information to be redacted.

(2) The clerk of court has no duty to inquire beyond the written request to verify the identity of an individual requesting redaction.

(3) A fee must not be charged for the redaction pursuant to the request.

Note:

Paragraph (e) of this rule is consistent with the requirements of S.C. Code Ann. § 30-2-330(B).