SPECIAL NOTICE TO COUNSEL
W ITH CASES BEFORE
JUDGE JOSEPH F. ANDERSON, JR.,
Please carefully review the following instructions which relate to problems which frequently arise regarding scheduling orders and related litigation management issues.
The Case Management / Electronic Case Filing System (CM/ECF) is now fully up and running in this District. All filings by attorneys admitted to this bar must be made via CM/ECF. Please refer to the court's website for further information on CM/ECF and Judge Anderson's filing preferences. Requests for extension of time or protection via fax, mail or telephone are no longer accepted: All written communications with the court must be filed electronically in the case. Extensions of time or protection requests must comply with Local Rule 6.01. Proposed orders shall be sent as a WORD PERFECT document directly to chambers at [email protected] (Times New Roman font, 12 pt., double-spaced is preferred. Do not include a signature or date block for the judge).
If the document exceeds 35 pages (including attachments), send a hard copy to chambers. If the collective documents exceed 50 pages, they should be submitted in bound form with a cover sheet, exhibit index, and tabs.
CORRESPONDENCE BETWEEN COUNSEL
Attorneys frequently copy the court on correspondence between counsel. This is seldom appropriate. Unless correspondence is directly related to a pending motion, there is no reason to copy the court. If it relates to a pending motion and is relevant to issues before the court, the correspondence should be filed as an exhibit. If it merely relates to an anticipated motion (usually a discovery dispute), it would be more appropriate simply to hold such correspondence and to attach it as an exhibit if a motion becomes necessary.
EXTENSION OF DEADLINES
The deadlines in scheduling orders issued by this court are established after review of the parties' Fed. R. Civ. P. 26.01 interrogatory responses with careful consideration to the nature of the case After the parties consult and submit their Rule 26(f) report, the parties can request that the court modify the scheduling order or request a scheduling conference with the Court. For this reason, extensions should seldom be necessary. If, however, it becomes necessary to seek an extension, you may file a letter or motion addressing the following: 1
C C C C ·
Date of the current deadline; Whether the deadline has been extended before; The number of additional days requested, and proposed new deadline; Whether the extension would affect other deadlines; and If opposing counsel agrees to or opposes the extension.
Do not wait until the last day before the deadline to request an extension. Do not call chambers to determine if the extension has been granted. You may, however, call the docket clerk in the Clerk's Office or check the docket on the CM/ECF website. Absent extraordinary circumstances, requests should be made sufficiently in advance to allow you to receive a response before the deadline passes. See Local Civil Rule 6.01 and 6.02.
Under certain compelling circumstances, counsel may correspond with the court by facsimile. The following guidelines apply: C C Facsimile should not be used unless a member of chambers staff has requested or approved the use of facsimile; Facsimile should not be used unless hand delivery is impractical and the court needs to have the information more quickly than could be accomplished by regular mail; Facsimile is not a substitute for filing any document required to be filed; Do not send chambers a hard copy of documents sent by facsimile unless specifically requested.
AMENDMENT OF PLEADINGS
This is the earliest deadline for a very important reason: to allow discovery to address all issues and all potential parties. Late requests to amend are, therefore, strongly discouraged. This is especially true if the amendment would add a party. Any request to amend after the scheduling order deadline should include an explanation of why the amendment could not have been sought earlier. Parties who delay seeking to amend until late in the litigation, especially as to known potential parties, risk denial of their motions.
FILING OF CONFIDENTIAL MATERIAL
The parties' attention is specifically directed to Local Civil Rule 5.03 regarding the filing of confidential material.
The District of South Carolina maintains a website with various forms and resources at:
Judge Anderson's SPECIAL PRETRIAL INSTRUCTIONS are also on the website. 2