District of South Carolina Local Civil Rules — The Practitioner's Guide

SC-D uses district-uniform page limits and prescribed format requirements.

Mechanics

• Format requirements (Local Civ. R. 1.05):
• Minimum one-inch margins on all sides.
• Times New Roman, Arial, or Courier New font.
• Minimum 12-point type for caption, text, and footnotes.
• Only page numbers and document identification footers may appear in margins.
• Double-space text except in indented quotations and footnotes.
• Initial brief length (Local Civ. R. 7.05(B)(1)): 35 double-spaced pages, exclusive of affidavits, supporting documentation, and copies of authority required by Local Civ. R. 7.05(C).
• Reply brief length (Local Civ. R. 7.05(B)(2); see Local Civ. R. 7.07): 15 double-spaced pages.

For the rules, see the D.S.C. Local Civil Rules listing.

PHV in SC-D requires a procedure for admission and a local counsel relationship in which local counsel must sign all pleadings.

Mechanics

• Procedure for Admission (Local Civ. R. 83.I.03): Application for PHV admission to the court.
• Representation by Local Counsel (Local Civ. R. 83.I.04): *'Local Counsel Who Must Sign All Pleadings.'* Local counsel signs all pleadings on behalf of PHV counsel.
• Pleadings, service, attendance (Local Civ. R. 83.I.06): *'Pleadings, Service, and Attendance by Local Counsel in Cases Where Out-of-State Attorneys Appear.'*
• Discovery proceedings: Local counsel may have specific responsibilities regardless of presence at proceedings before the court.
• Withdrawal of appearance (Local Civ. R. 83.I.07): Specific procedure.

For the cross-district PHV comparison, see the Pro Hac Vice field-manual page.

For the trap on local counsel signature, see Watchpoints #1.

SC-D's discovery rules govern materials retention, conferral, and pretrial briefs.

Mechanics

• Discovery materials filing (Local Civ. R. 5.01): Not filed; retained by the party.
• Conferral: See §5 Meet and Confer.
• Civil Pretrial Briefs (Local Civ. R. 26.05): Required at least 7 days before trial. Counsel furnishes the court with a pretrial brief on the issues to be tried.
• No district trigger-event deadline.

For the trap on the pretrial brief deadline, see Watchpoints #5.

SC-D requires live conferral — in person or by telephone — for discovery dispute conferral certifications. SC-D is a discovery-only meet-and-confer scope district with live conferral.

Mechanics

• Conferral format: *'The conference may be conducted in person or by telephone.'*
• Discovery motion conferral: Required before motions to compel (verify exact rule cite).
• Civil Pretrial Briefs (Local Civ. R. 26.05): All attorneys having civil cases set for trial shall furnish the court a pretrial brief at least 7 days before trial.

For the trap on live conferral, see Watchpoints #4.

SC-D requires CM/ECF filing of all civil documents. Sealing requires a mandatory motion-to-seal procedure with public notice on the docket.

Mechanics

• CM/ECF filing (Local Civ. R. 5.02): Mandatory.
• Sealing (Local Civ. R. 5.03): Mandatory motion-to-seal procedure.
• Party files a Motion to Seal accompanied by a memorandum, attachments, and supporting materials.
• The clerk provides public notice of the motion on the docket.
• Failure to obtain prior approval results in summary denial of the sealing request.
• Discovery materials filing (Local Civ. R. 5.01): Not filed; retained by the party serving or taking the deposition.
• After-hours filings: Procedure for emergency filings between 4:30 p.m. and 12:00 midnight.

For the trap on the mandatory motion-to-seal procedure with public notice, see Watchpoints #2.

SC-D's six-location structure produces division-level practice variation. The mediation framework (Local Civ. R. 16.04-16.11) is structured at the district level with mediator authority and party duties prescribed.

Locations

Charleston, Columbia, Greenville, Florence, Spartanburg, Aiken.

Mediation framework (Local Civ. R. 16.04-16.11)

• Definitions (16.04).
• Relief from Mediation Requirement (16.05).
• Appointment of Mediator (16.06).
• The Mediation Conference (16.07).
• Duties of the Parties (16.08).
• Sanctions for Failure to Attend Mediation Conference (16.09).
• Authority and Duties of Mediators (16.10).
• Compensation of the Mediator (16.11).

Individual judge pages: scd.uscourts.gov has individual judge pages.

For the traps on the mediation framework and the six-location structure, see Watchpoints #6 and #8.

Operating Model — Submission Court (Local-Counsel-Signed Pleadings)

SC-D is a submission court. Counsel files the motion; opposition and reply follow per Local Civ. R. 7; the court rules on the papers. Oral argument is discretionary — 'motions may be determined without a hearing.' SC-D uses the formal motion track for all motions; there is no district-wide letter-brief track.

The distinctive feature of SC-D's procedural structure is the local-counsel requirement (Local Civ. R. 83.I.04) — local counsel must sign all pleadings on behalf of PHV counsel, and the relationship is substantively responsible rather than nominal. SC-D operates across six divisional locations (Charleston, Columbia, Greenville, Florence, Spartanburg, Aiken). Among our 10-court sample, SC-D's local-counsel-signature requirement is the most rigorous PHV mechanic.

For comparative reading on operating models across federal districts, see the operating-model atlas entry.

SC-D's Local Civil Rules were last revised February 22, 2023.

Verification source: scd.uscourts.gov publishes the current Local Civil Rules.

For the trap on numbered-subsection format (e.g., 7.04 not 7.4), see Watchpoints #3.

Briefing Schedule

Computing deadlines: Per FRCP 6.

For the rule, see the D.S.C. Local Civil Rules listing.

SC-D is a submission court with a formal motion track and request-driven oral argument. Replies are expressly discouraged.

Mechanics

• Motion + supporting memorandum (Local Civ. R. 7.04, 7.05): Motions other than in a hearing or trial or to compel discovery shall be timely filed with an accompanying supporting memorandum. The memorandum is filed and made part of the public record.
• Response (Local Civ. R. 7.06): Any memorandum or response of an opposing party must be filed within 14 days of service of the motion, unless the court imposes a different deadline. If no opposition memorandum is filed within 14 days, the court will decide the matter on the record and such oral argument as the movant may be permitted to offer, if any.
• Reply (Local Civ. R. 7.07): *'Replies to responses are discouraged.'* If filed, the reply must be served within 7 days after service of the response.
• Page limits (Local Civ. R. 7.05(B)): 35 pages (initial brief), 15 pages (reply). See §1 Formatting & Page Limits.
• Oral argument (Local Civ. R. 7.08): *'Hearings on motions may be ordered by the court in its discretion. Unless so ordered, motions may be determined without a hearing.'*
• Frivolous motions (Local Civ. R. 7.09): Where the court finds a motion frivolous or filed for delay, sanctions may be imposed.
• Draft orders submitted by counsel (Local Civ. R. 7.10): Specific standards apply.
• Brief format: Formal motion track.

For the rule, see the D.S.C. Local Civil Rules listing.

Watchpoints — District of South Carolina

SC-D has several distinctive features of its local rules — local counsel must sign all pleadings on behalf of PHV counsel (Local Civ. R. 83.I.04), the mandatory motion-to-seal procedure with public notice on the docket (Local Civ. R. 5.03), the numbered-subsection citation format (7.04 not 7.4), the SMF embedded as a content requirement of the opposition memorandum (Local Civ. R. 7.05(A)(4)), the Civil Pretrial Briefs requirement seven days before jury selection, the structured mediation framework under Local Civ. R. 16.04-16.11, expressly discouraged replies (Local Civ. R. 7.07), and division assignment across six locations.

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1. Local counsel in SC-D must sign all pleadings on behalf of PHV counsel — and the local counsel relationship is substantively responsible

Local Civ. R. 83.I.04: 'Representation by Local Counsel Who Must Sign All Pleadings.' PHV counsel cannot file pleadings under their own signature alone; local counsel must co-sign. The rule is enforced — pleadings filed only by PHV counsel are typically rejected. Among our 10-court sample, SC-D's local-counsel-signature requirement is the most rigorous; most districts that require local counsel do not require local counsel to sign every pleading. (D.S.C. Local Civil Rules listing)

Why: The rule's rationale is to ensure local accountability for all pleadings filed in the District; the local-counsel relationship cannot be nominal.

Read more → §8 Pro Hac Vice

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2. Sealing in SC-D requires a motion to seal with public notice — the clerk publishes the motion on the docket so the public can object

Local Civ. R. 5.03: *'any party seeking to file documents under seal shall follow the mandatory procedure described below.'* The party files a Motion to Seal accompanied by a memorandum, attachments, and supporting materials; the clerk provides public notice of the motion on the docket. *'Failure to obtain prior approval as required by this rule shall result in summary denial of any request or attempt to seal filed documents.'* Among our 10-court sample, the public-notice-on-docket sealing mechanism is distinctive. (D.S.C. Local Civil Rules listing)

Why: The rule's rationale is to allow third parties to object to sealing before the order issues; the procedure is calibrated for transparency.

Read more → §2 Filing & Service

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3. SC-D uses numbered-subsection format — citations are 7.04, 26.05, 56.01 (not 7.4, 26.5, 56.1)

SC-D's Local Civil Rules use the format 'X.0Y' for subsections (e.g., 5.03, 7.04, 26.05). Counsel coming from districts that use 'X.Y' format routinely cite '7.4' instead of '7.04' — the citation is to a different rule (which may not exist) and looks unprofessional. Among our 10-court sample, the numbered-subsection convention is unique to SC-D. (D.S.C. Local Civil Rules listing)

Why: The rule's rationale is internal consistency; counsel are expected to follow the convention when citing.

Read more → §10 Recent Changes

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4. Replies are expressly discouraged in SC-D — and limited to 7 days after service of response

Local Civ. R. 7.07: *'Replies to responses are discouraged. However, a party desiring to reply to matters raised initially in a response to a motion or in accompanying supporting documents shall file the reply within seven (7) days after service of the response, unless otherwise ordered by the court.'* Among our 10-court sample, SC-D is the only district that codifies the *'discouraged'* characterization for replies. Counsel coming from reply-as-default jurisdictions over-rely on reply briefs in SC-D and risk having them disregarded. (D.S.C. Local Civ. R. 7.07)

Why: The rule's rationale is that the response should address all matters raised in the motion; a reply ought to be the rare exception, not the routine third bite at the apple.

Read more → §3 Motion Practice

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5. SC-D requires Civil Pretrial Briefs at least seven days before the jury selection date

Local Civ. R. 26.05: *'All attorneys having civil cases set for trial shall furnish the court a pretrial brief at least seven (7) days prior to the date set for jury selection in the term of court in which the case is set for trial unless another date is ordered by the court.'* The pretrial brief contains the names of attorneys and firms; pending motions; statement of facts; legal authorities; unusual evidentiary or procedural questions; settlement status; and witness list with anticipated testimony summary. (D.S.C. Local Civ. R. 26.05)

Why: The rule's rationale is to give the court a substantive view of trial issues before trial begins; the seven-day deadline ensures the court has time to review.

Read more → §6 Discovery

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6. SC-D has a structured mediation framework with mandatory mediation in many cases

Local Civ. R. 16.04-16.11: a mediation framework with definitions, relief mechanisms, mediator appointment, mediation conference, party duties, sanctions for failure to attend, and mediator authority. Counsel who treat mediation as voluntary in SC-D miss the mandatory aspect. Among our 10-court sample, the structured district-wide mediation framework with sanctions for failure to attend is distinctive. (D.S.C. Local Civ. R. 16.04-16.11)

Why: The rule's rationale is to settle a substantial portion of cases before trial; the framework is administrative and substantive.

Read more → §9 Judge-Specific Procedures

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7. Summary judgment in SC-D embeds the statement of disputed facts in the opposition memorandum — there is no separate SMF document

Local Civ. R. 7.05(A)(4) prescribes the content of opposition memoranda: *'Where the memorandum opposes a motion for summary judgment, a concise statement of the material facts in dispute with reference to the location in the record.'* Among our 10-court sample, SC-D is the only district that integrates the SMF as a content requirement of the opposition memorandum rather than a separate filing; the rule's focus is also distinctive in pegging the SMF to disputed facts (rather than to the movant's undisputed-facts burden). Counsel coming from districts where the movant's SMF is the operative document mis-shape their MSJ briefs. (D.S.C. Local Civ. R. 7.05)

Why: The rule's rationale is to streamline summary-judgment briefing into a single opposition memorandum and to focus the court on genuine fact disputes for trial.

Read more → §7 Summary Judgment

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8. SC-D has six locations across South Carolina — division assignment determines case venue and trial location

Local Civ. R. 3.01: division assignment is determined by where the natural defendant resides, where the events giving rise to the claim occurred, or where the corporate defendant does business. Counsel filing in the wrong division get a transfer; the locations include Charleston, Columbia, Greenville, Florence, Spartanburg, and Aiken. (D.S.C. Local Civ. R. 3.01)

Why: The rule's rationale is to ensure cases are heard in the most relevant location for the parties and witnesses; the assignment criteria ensure consistent venue determination.

Read more → §9 Judge-Specific Procedures

SC-D requires a concise statement of material facts in dispute on summary judgment opposition. SC-D is a district 56.1 framework jurisdiction with a disputed-facts focus.

Mechanics

• Statement of material facts in dispute: *'Concise statement of the material facts in dispute with reference to the [evidence].'*
• Format: Disputed-facts focus, complementing FRCP 56's burden allocation.
• Verify specific subsection citations and movant's filing requirements.

For the trap on the disputed-facts framing, see Watchpoints #7.