This may seem like a strange title for a post, but recently I received an email from South Carolina Court Administration indicating that Clerks of Court are having to reject pleadings at a higher rate due to an increase of non-conformance with Rule 10, SCRCP.
For new attorneys and self-represented litigants, it may be a good idea to review Rule 10 of the South Carolina Rules of Civil Procedure which governs Form of Pleadings.
Here is Section (a) of Rule 10. Please note the numbered arrows correspond with bracketed numbers in the text.
(a) Caption, Name of Parties. Every pleading shall contain a caption setting forth the name of the State [1] and County[1], the name of the Court[6], the title of the action[5], the file number [4]and a designation as in Rule 7(a). In the summons and complaint the title of the action shall include the names of all parties[2][3], but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.
Note this entire portion is called the CAPTION.
Please note that there will not be a docket number [4] until the Clerk of Court assigns one. If you do not know your judicial circuit number, you can check the map here on the SC Courts’ website.
Now, let’s skip down to Section (d):
(d) Manner of Preparing Papers. Pleadings and other papers shall be on legal cap paper, eight and one-half by eleven inches in size. They shall be plainly written with adequate spacing between lines or typewritten with not less than one and one-half spacing between lines. Each page shall be numbered consecutively and pages shall be fastened at the top so as to read continuously. Papers in handwriting or typewriting must have a blank margin of an inch and one-half on the left. Plats, photographs, diagrams, documents, and other paper exhibits or copies thereof may be submitted in their actual size; but should be reduced if practicable to eight and one-half by eleven inches if such reduction does not impair legibility and clarity.
What’s of interest here is that even though it clearly states that PLEADINGS AND OTHER PAPERS SHALL BE ON LEGAL CAP PAPER (8 1/2 x 11), the Courts have been receiving pleadings written on paper towels, napkins and even envelopes. And according to Section (e), the Clerks can refuse to file pleadings or papers that are not prepared according to this rule.
Skip down to Section (e):
(e) Filing Refused. The clerk of the court shall not file any pleadings or other papers not prepared in accordance with this rule; except plats, photographs, diagrams, documents, and other paper exhibits as provided in paragraph 10(c).
Please read through the rules before filing documents and make sure you’re in compliance with the rules. If not, the result could be costly to litigants while slowing the efforts of judges to dispense justice.
And if you are a self-represented litigant and are not sure what to do, you may wish to consult an attorney to ensure that you are not giving up your legal rights.
-RFW
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October 8, 2009 • 11:52 am 0
Elkins Family Law Task Force Recommendations Open for Comment
On October 2, 2009, the Elkins Family Law Task Force released its draft recommendations for ways to improve access to justice in the California Family Court system.
The public comment period is October 1, 2009, through December 4, 2009.
The draft recommendations and an online comment form are available at www.courtinfo.ca.gov/jc/tflists/elkins.htm.
In addition, the task force will hold two public hearings to receive in-person comments on the draft recommendations. The public hearings will be held on Thursday, October 22 in San Francisco, and on Tuesday, October 27 in Los Angeles. For information and to sign up to participate in the public hearings, go to www.courtinfo.ca.gov/jc/tflists/elkins.htm.
To learn more about the Task Force, view the FACT SHEET.
It’s evident from the List of Topics (below) that the Task Force worked hard to review the entire system:
1. Right to Present Live Testimony at Hearings
2. Expanding Legal Representation and Providing a Continuum of Legal Services
3. Caseflow Management
4. Providing Clear Guidance Through Rules of Court
5. Children’s Voices
6. Domestic Violence
7. Enhancing Safety
8. Contested Child Custody
9. Minor’s Counsel
10. Scheduling of Trials and Long-Cause Hearings
11. Litigant Education
12. Expanding Services to Assist Litigants in Resolving Their Cases
13. Streamlining Family Law Forms and Procedures
14. Enhancing Mechanisms to Handle Perjury
15. Standardize Default and Uncontested Process Statewide
16. Interpreters
17. Public Information and Outreach
18. Judicial Branch Education
19. Family Law Research Agenda
20. Court Facilities
21. Leadership, Accountability, and Resources
The SC Access to Justice Commission will continue to follow the project and update you as it develops.
-RFW
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