South Carolina Notice of Appearance

NOTICE OF APPEARANCE

State of South Carolina — Court of Common Pleas

1. COURT HEADER AND CASE CAPTION

STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS

Judicial Circuit: [____] Judicial Circuit

County: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

NOTICE OF APPEARANCE

2. PARTY INFORMATION

Appearing on behalf of:

Additional Parties Represented (if applicable):

3. ATTORNEY INFORMATION

Pursuant to S.C. R. Civ. P. 11, the undersigned attorney provides the following information:

Additional Attorneys (if applicable):

4. TYPE OF APPEARANCE

The undersigned enters an appearance as follows (select all that apply):

☐ General Appearance — Full representation on all matters in this action pursuant to S.C. R. Civ. P. 5 and 11

☐ Initial Appearance — First appearance on behalf of the party; this Notice of Appearance is being filed before or simultaneously with the initial responsive pleading

☐ Substitution of Counsel — Replacing prior counsel of record [________________________________] (SC Bar No. [________]) pursuant to S.C. R. Civ. P. 11(b)

☐ Additional Counsel — Appearing as co-counsel alongside current counsel of record [________________________________]

☐ Limited Appearance — Appearance limited to specific matters (see Section 8)

☐ Pro Hac Vice Appearance — Out-of-state counsel appearing pursuant to S.C. App. Ct. R. 404 (see Section 7)

☐ Guardian Ad Litem / Court-Appointed Counsel — Appointed by order dated [__/__/____]

5. APPEARANCE STATEMENT

COMES NOW [________________________________], South Carolina Bar No. [________________________________], of [________________________________], and pursuant to S.C. R. Civ. P. 5 and 11, hereby enters an appearance on behalf of [________________________________], [________________________________] (party description), in the above-captioned matter.

All pleadings, motions, notices, orders, and other papers in this action should be served upon the undersigned at the contact information set forth in Section 3 above, in accordance with S.C. R. Civ. P. 5.

6. CONSENT TO ELECTRONIC SERVICE

Pursuant to the South Carolina Electronic Filing Policies and Guidelines and applicable court orders:

☐ The undersigned CONSENTS to electronic service through the South Carolina eFlex E-Filing System for all documents in this matter.

☐ The undersigned DOES NOT CONSENT to electronic service and requests service by conventional means pursuant to S.C. R. Civ. P. 5.

E-Service Email Address(es):

South Carolina E-Filing Acknowledgments:

☐ The undersigned is a registered user of the South Carolina eFlex E-Filing System (efile.sccourts.org).

☐ The undersigned has registered through AIS (Attorney Information System) as required for e-filing.

☐ The undersigned acknowledges that e-filing is mandatory for attorneys in South Carolina courts.

☐ The undersigned understands that the use of an electronic signature in an e-filed document constitutes the attorney's signature for purposes of S.C. R. Civ. P. 11.

☐ The undersigned understands that e-service through the eFlex system constitutes valid service under S.C. R. Civ. P. 5.

South Carolina E-Filing Notes:

• South Carolina has 46 counties organized into 16 judicial circuits.
• The eFlex system (efile.sccourts.org) is the statewide e-filing platform administered by the South Carolina Judicial Department.
• Attorneys register for e-filing through AIS (Attorney Information System).
• An electronic Notice of Appearance must be e-filed either before or together with an Answer, Rule 12(b) motion, Motion to Set Aside Default, or any other initial responsive pleading.
• The Notice of Appearance can be submitted as an action in eFlex without attaching a separate document.

7. PRO HAC VICE ADMISSION (Out-of-State Counsel)

Complete this section only if the appearing attorney is not admitted to practice in South Carolina.

Pursuant to S.C. App. Ct. R. 404, the undersigned out-of-state attorney requests permission to appear pro hac vice in this matter.

Out-of-State Attorney Information:

Disciplinary History:

☐ The applicant has never been the subject of disciplinary action in any jurisdiction.

☐ The applicant discloses the following disciplinary history:

[________________________________]

Required South Carolina Associate Counsel:

Under S.C. App. Ct. R. 404, out-of-state attorneys must associate with a member of the South Carolina Bar. The designated local associate counsel is:

Pro Hac Vice Requirements Checklist:

☐ Motion for admission pro hac vice filed pursuant to S.C. App. Ct. R. 404

☐ South Carolina associate counsel has entered or is simultaneously entering an appearance

☐ Certificate of good standing from home state bar attached

☐ Pro hac vice fee paid (verify current fee with the court)

☐ Applicant is a member in good standing of the bar of the highest court of another state

☐ Applicant has disclosed all prior pro hac vice admissions in South Carolina within the relevant period

☐ Court order granting pro hac vice admission obtained (Order dated [__/__/____])

8. LIMITED SCOPE REPRESENTATION

Complete this section only if a limited appearance is being entered.

Pursuant to S.C. Rules of Professional Conduct Rule 1.2(c) and applicable court rules, the undersigned enters a limited scope appearance.

Scope of Representation:

☐ Specific motion or hearing: [________________________________]

☐ Discovery phase only

☐ Trial only

☐ Mediation or settlement conference only

☐ Specific proceeding: [________________________________]

☐ Other limited purpose: [________________________________]

Scheduled Event Date (if applicable): [__/__/____]

Duration of Limited Appearance:

☐ Terminates automatically upon conclusion of the specified matter or event

☐ Terminates on [__/__/____]

☐ Terminates upon further order of the Court

Client Acknowledgment:

☐ The client has provided informed written consent to limited scope representation.

☐ A copy of the written agreement defining the scope of limited representation is maintained in counsel's file.

Withdrawal Upon Completion:

Upon completion of the limited scope representation, the undersigned will:

☐ File written notice of change of attorney pursuant to S.C. R. Civ. P. 11(b)

☐ File a motion to be relieved as counsel with the court

☐ Obtain a court order authorizing withdrawal

9. CHANGE OF ATTORNEY PROVISIONS

Pursuant to S.C. R. Civ. P. 11(b), notice of change of attorney must be served as provided by Rule 5. The following applies:

If Substituting for Prior Counsel:

☐ Written notice of change of attorney from [________________________________] to [________________________________] is being served on all parties concurrently with this Notice of Appearance.

☐ Prior counsel has consented to the substitution.

☐ The client has consented to the change of counsel.

Required Information for Change of Attorney:

10. CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served the foregoing Notice of Appearance upon the following parties or counsel of record by the method(s) indicated, in compliance with S.C. R. Civ. P. 5:

11. SIGNATURE BLOCK

Respectfully submitted this [____] day of [________________________________], [________].

[________________________________]
(Law Firm Name)

By: ______________________________________

[________________________________]
S.C. Bar No. [________________________________]
[________________________________] (Street Address)
[________________________________], South Carolina [__________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

12. E-FILING INSTRUCTIONS FOR SOUTH CAROLINA COURTS

Filing Through eFlex (South Carolina E-Filing System)

Step 1: Register and Access

• Register through AIS (Attorney Information System) if not already registered
• Navigate to eFlex at efile.sccourts.org
• Log in with your registered credentials

Step 2: Select the Court and Case

• Select the appropriate judicial circuit and county
• South Carolina has 16 judicial circuits covering 46 counties:
• 1st Circuit: Calhoun, Dorchester, Orangeburg
• 2nd Circuit: Aiken, Bamberg, Barnwell
• 3rd Circuit: Clarendon, Lee, Sumter, Williamsburg
• 4th Circuit: Chesterfield, Darlington, Dillon, Marlboro
• 5th Circuit: Kershaw, Richland
• 6th Circuit: Chester, Fairfield, Lancaster
• 7th Circuit: Cherokee, Spartanburg
• 8th Circuit: Abbeville, Greenwood, Laurens, Newberry
• 9th Circuit: Berkeley, Charleston
• 10th Circuit: Anderson, Oconee
• 11th Circuit: Edgefield, Lexington, McCormick, Saluda
• 12th Circuit: Florence, Marion
• 13th Circuit: Greenville, Pickens
• 14th Circuit: Allendale, Beaufort, Colleton, Hampton, Jasper
• 15th Circuit: Georgetown, Horry
• 16th Circuit: Union, York
• Enter the case number to locate the existing case

Step 3: File the Notice of Appearance

• Select "Notice of Appearance" as the filing type
• In eFlex, the Notice of Appearance can be submitted as an action without attaching a document, OR you can upload this completed form as a PDF
• If uploading a document, ensure it is in PDF format

Step 4: Timing Requirements

• The Notice of Appearance must be e-filed BEFORE or TOGETHER WITH your initial responsive pleading (Answer, Rule 12(b) motion, etc.)
• Do not file a responsive pleading without first filing or simultaneously filing the Notice of Appearance

Step 5: Service

• E-service is automatic for registered eFlex users in the case
• For non-registered parties, arrange conventional service
• Document all service methods in the Certificate of Service

Step 6: Confirmation

• Save the filing confirmation receipt
• Maintain copies of all filings for your records
• Retain e-filing confirmation as proof of filing and service

13. PRACTITIONER NOTES — SOUTH CAROLINA

Statutory and Rule Framework

• S.C. R. Civ. P. 5 governs service and filing of pleadings and other papers after the original complaint.
• S.C. R. Civ. P. 11 requires that every pleading, motion, or other paper be signed by at least one attorney admitted to practice in South Carolina, with the attorney's address, telephone number, and SC Bar number.
• S.C. R. Civ. P. 11(b) governs change of attorney and requires written notice served on all parties.
• S.C. App. Ct. R. 404 governs pro hac vice admission for out-of-state attorneys.
• South Carolina Electronic Filing Policies and Guidelines govern the eFlex system and e-filing requirements.

Judicial Circuits and County Considerations

• South Carolina has 16 judicial circuits covering 46 counties.
• Circuit court judges are assigned to circuits rather than specific counties and may rotate among counties within their circuit.
• Each circuit may have local administrative orders or practices that supplement the statewide rules.
• The Court of Common Pleas is the trial court of general jurisdiction for civil matters.

Key Practice Points

1. Mandatory E-Filing: E-filing through eFlex is mandatory for attorneys in South Carolina courts. The Notice of Appearance must be e-filed before or with the initial responsive pleading.

2. eFlex Notice of Appearance Action: In the eFlex system, the Notice of Appearance can be submitted as a simple action selection without uploading a separate document. However, it is best practice to also upload a complete Notice of Appearance document for the record.

3. Electronic Signatures: The use of an electronic signature in an e-filed document satisfies the signature requirement of S.C. R. Civ. P. 11. The electronic signature must include the attorney's name, physical address, telephone number, email, and SC Bar number.

4. Change of Attorney (Rule 11(b)): When substituting counsel, written notice of the change must be served on all parties under Rule 5. Include all relevant information about both the entering and withdrawing attorneys.

5. Withdrawal of Counsel: Withdrawal typically requires a motion to be relieved as counsel. The court will consider whether withdrawal would prejudice the client or delay the proceedings.

6. Pro Hac Vice (Rule 404): Out-of-state attorneys must associate with a South Carolina Bar member, file a motion, pay the required fee, and obtain a court order.

7. Filing Fees: Verify current filing fees with the Clerk of Court for the appropriate county. Some counties may charge additional technology surcharges.

8. Form 4 (Acknowledgment of Service): Some counties may require filing of a Form 4 with the Notice of Appearance. Verify with the Clerk of Court for the specific county.

Common Errors to Avoid

• Filing a responsive pleading without first filing or simultaneously filing the Notice of Appearance
• Not registering through AIS before attempting to e-file through eFlex
• Omitting the SC Bar number from the signature block
• Failing to serve written notice of change of attorney on all parties under Rule 11(b)
• Not verifying county-specific requirements (such as Form 4) with the local Clerk of Court

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All filings must be reviewed and approved by a licensed South Carolina attorney before submission to any court. Verify all statutory citations and local court rules before use, as rules and fees may change.