Current through Register Vol. 48, No. 3, March 22, 2024
A. Electronic
Filing. The electronic transmission of a document to the E-Filing System in
accordance with this Regulation constitutes the filing of that document in
accordance with Title 58 of the South Carolina Code and the Commission's
Regulations in Chapter 103 of the South Carolina Code of State
Regulations.
B. Official Record.
Where a document is E-Filed, the electronic version of that filing constitutes
the official record. E-Filed documents have the same force and effect as
documents filed by Traditional Means. Documents filed by Traditional Means may
be converted to electronic format and made part of the docket by the Clerk's
Office. Once converted, the electronic version constitutes the official
record.
C. Timeliness. A document
transmitted and received by the E-Filing System on or before 11:59:59 p.m.,
Eastern Standard Time, shall be considered filed with the Commission on that
date, provided it is subsequently accepted by the Commission. Nothing in this
Regulation should be construed to reduce or extend any filing or service
deadlines set by statute, the South Carolina Rules of Civil Procedure, or
orders of the Commission, except requests for extensions of time to file
documents. Such requests must be filed with and approved by the
Commission.
D. "Notice of
Electronic Filing" or "Notification of Electronic Filing" ("NEF") is a notice
generated by the E-Filing System at the time of a filing or other Commission
action. An NEF is transmitted by email to all Authorized E-Filers who have
filed a Notice of Appearance and are counsel of record in the case and includes
a description of the filing and a list of parties to whom the NEF was
transmitted.
E. Electronic Service.
(1) Electronic Service of Process Not
Authorized. Service of process or service of any pleadings initiating cases
cannot be accomplished through the E-Filing System. The E-Filing System may not
be used for service of process of a summons and complaint, subpoena, or any
other pleading or document required to be personally served under Rule 4, SCRCP
(South Carolina Rules of Civil Procedure).
(2) Service of Other Papers on Authorized
E-Filers by the E-Filing System. Except as provided in sub-paragraphs (A) and
(B) below, upon the E-Filing of any pleading, motion, or other paper subsequent
to the summons and complaint or other filing initiating a case, the E-Filing
System will generate and transmit an NEF to all Authorized E-Filers associated
with that case after the filing has been accepted for processing by the
Commission. Where the parties are proceeding in the E-Filing System and a
pleading, motion, or other paper must be filed, made, or served under the
Commission's statutes or regulations or the SCRCP, upon the filer's receipt of
a confirmation email stating that the filing has been accepted for processing
by the Commission, the E-Filing of that pleading, motion, or other paper,
together with the transmission of an NEF, constitutes proper service under Rule
5, SCRCP, Title 58 of the South Carolina Code and Chapter 103 of the South
Carolina Code of State Regulations, as to all other parties who are E-Filers in
that case. It is the responsibility of an E-Filer to review the content of the
E-Filed document in the E-Filing System to determine its force and effect.
(a) No NEF will be created at case
initiation; however, the E-Filing System will transmit confirmations of receipt
and acceptance of the filing.
(b)
NEFs are only transmitted via email to representatives of parties of record.
E-Filers should comply with Commission Regulation
103-805
(Representation) for entering an electronic notice of appearance when making an
initial responsive filing in a case that was initiated via the E-Filing
System.
(3) Service
Complete upon E-Filing. Service of a pleading, motion, or other paper by NEF
subsequent to the summons and complaint or other filing initiating a case is
complete at the time of the submission and the Clerk's Office acceptance of the
pleading, motion, or other paper for E-Filing, provided an NEF is transmitted
by the E-Filing System in accordance with paragraph (e)(2) of this Section. The
act of E-Filing the pleading, motion or other paper is the equivalent of
depositing it in the United States Mail under Rule 5(b)(1), SCRCP, Title 58 of
the South Carolina Code and Chapter 103 of the South Carolina Code of State
Regulations. The NEF constitutes proof of service under Rule 5(b), SCRCP, Title
58 of the South Carolina Code and Chapter 103 of the South Carolina Code of
State Regulations, and the date of service shall be the date stated in the NEF
as the "Official File Stamp." Where notice of the filing of a pleading, motion,
or other paper is served by an NEF, the E-Filer need not file proof of service,
but the E-Filer must retain a copy of the NEF as proof of service.
(4) Time to Respond Following Electronic
Service. Computation of the time for a response after service by NEF is
governed by Title 58 of the South Carolina Code and Chapter 103 of the South
Carolina Code of State Regulations.
(5) Service by or upon a Party Who is Not an
E-Filer in a Case.
(a) E-Filed motions,
pleadings, or other papers that must be served upon a party who is not
represented by an Authorized E-Filer in the case or who is a Traditional Filer
must be served by a Traditional Service method in accordance with Rule 5,
SCRCP, Title 58 of the South Carolina Code and Chapter 103 of the South
Carolina Code of State Regulations. An Authorized E-Filer who has E-Filed a
motion, pleading, or other paper prior to service of the motion, pleading, or
other paper shall serve a paper copy of the corresponding NEF on the
Traditional Filer(s). The Authorized E-Filer must also file proof of
Traditional Service as to all other parties who are Traditional
Filers.
(b) Traditional Filers must
continue to serve all parties with a paper copy of the motion, pleading, or
other paper by a Traditional Service method in accordance with Rule 5, SCRCP,
Title 58 of the South Carolina Code and Chapter 103 of the South Carolina Code
of State Regulations, and file a copy of the motion, pleading, or other paper
with the Commission, together with proof of service, as required by Rule 5(d),
SCRCP, Title 58 of the South Carolina Code and Chapter 103 of the South
Carolina Code of State Regulations.
(6) Failed Transmission of NEF. If an
Authorized E-Filer becomes aware that the NEF was not transmitted successfully
to other Authorized E-Filers in the case, or that the NEF is deficient, the
Authorized E-Filer shall, upon learning of the failure or deficiency, serve the
E-Filed document by email, hand delivery, facsimile, or first class mail. Proof
of such service shall be E-Filed with the Commission within one business day of
service.
