Service of Documents by Electronic Means by Unrepresented Persons. A person not

represented by an attorney may not serve documents by electronic means unless provided and authorized by the court’s ECF Policies and Procedures Manual and other related user manuals. 8 RULES BY DISTRICT COURTS 57.I.01: Attorney Admissions and Discipline. Rules for the admission of attorneys are set forth in Local Civ. Rule 83.I.01 - 83.I.07 (D.S.C.). The rules for attorney disciplinary matters are set forth in Local Civ. Rule 83.I.08 (D.S.C.).

The local civil rules as to these subject matters are equally applicable to attorneys handling criminal matters in the District of South Carolina with the additional qualification requirements set forth in Local Crim. Rule 57.I.02 (D.S.C.). 57.I.02: Additional Requirements to Appear in Criminal Matters. In addition to the requirements for admission set forth in Local Civ. Rule 83.I.03(B) (D.S.C.), an attorney should be familiar with the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, these local criminal rules, the Bail Reform Act (18 U.S.C. § 3141 et seq.), the Speedy Trial Act (18 U.S.C. § 3161), and the United States Sentencing Commission Sentencing Guidelines, as well as the relevant substantive areas of law before undertaking representation in a criminal matter. 57.I.03: Appointment in Criminal Matters.

(A) In order to be eligible for appointment to represent criminal defendants in the District of South Carolina, counsel must be approved by the court after completion of proper application and review by the Criminal Justice Act Committee. Application forms may be obtained from the clerk of court. See 18 U.S.C. § 3006A (Criminal Justice Act). (B) In order to be considered for appointment in capital matters in the District of South Carolina, counsel must file a separate application and be approved by the court.

Application forms may be obtained from the clerk of court. Under extraordinary circumstances, the court may waive requirements of this rule for a specific case. See 18 U.S.C. § 3005 (setting forth requirements for capital case appointments). 57.II.01: Fair Trial Directives: Court Personnel.

All court supporting personnel, including, but not limited to, marshals, deputy marshals, court clerks and office personnel, probation officers and office personnel, bailiffs, court reporters and employees or subcontractors retained by the court or the marshal, and the judges’ office personnel, are prohibited from disclosing to any person, without authorization by the court, information relating to a pending grand jury proceeding or criminal case that is not part of the public records of the court. Further, all such personnel are forbidden to divulge any information concerning grand jury proceedings, in camera arguments, and hearings held in chambers or otherwise outside the presence of the public. 9 57.II.02: Fair Trial Directives: Attorneys. [Deleted effective January 24, 2012. See Local Civ. Rule 83.I.08 (D.S.C.), RDE IV.B (adopting South Carolina Rules of Professional Conduct except as otherwise provided); South Carolina Rule of Professional Conduct 3.6 (“Trial Publicity”).] 57.II.03: Fair Trial Directives: Copies of Public Records.

The provisions of Local Civ. Rule 83.III.03 (D.S.C.) (“Copies of Public Records”) shall apply with equal force in criminal proceedings. 57.II.04: Fair Trial Directives: Conduct of Judicial Proceedings. The provisions of Local Civ. Rule 83.III.04 (D.S.C.) (allowing special case-specific orders) shall apply with equal force in criminal proceedings. 57.II.05: Fair Trial Directives: Photographing and Reproducing Court Proceedings.

The provisions of Local Civ. Rule 83.III.05 (D.S.C.) (“Photography and Reproducing Court Proceedings”) shall apply with equal force in criminal proceedings. 57.III.01: [Prior rule deleted (“Opening Statement”) – federal rules/statutes control.] 57.IV.01: [Prior rule deleted (“Petition for Attorney's Fees”) – federal rules/statutes control.] 57.V.01: Prompt Disposition of Criminal Cases. The Plan for Achieving Prompt Disposition of Criminal Cases adopted by judges for this district can be obtained from the clerk of court. 57.VI.01: Requests for Federal Custody.

If custody of a defendant awaiting trial in this district is requested by another United States Court, the marshal shall not surrender custody of such defendant unless the United States district judge to whom the defendant's case has been assigned for trial or other disposition so orders after considering all relevant factors and giving such notice to interested parties as the court deems appropriate. 57.VI.02: Requests for State Custody. If custody of a defendant awaiting trial in this district is requested by any state authority, the marshal will only surrender custody of such defendant if authorized to do so by the United States district judge to whom the defendant's case has been assigned for trial or other disposition. In the absence of an emergency request, the authorization shall be requested by the following procedure: (A) The requesting state must deliver to the marshal a specific writ signed by the judge of a court of competent jurisdiction.

Such writ shall include an express direction that the defendant will be promptly returned to the marshal at the state’s expense upon conclusion of the matter for which the defendant is sought. A counterpart order signed by a United States district 10 judge as to whether the state writ will be honored shall be submitted as well. (B) The marshal shall notify both the United States Attorney and the defendant's counsel of the request and allow each a period of seven (7) days in which to consent or object. The seven-day (7-day) period may be waived.

(C) The appropriate United States district judge will determine whether the state's request will be granted, deferred, or denied. In so doing, the court shall consider the Speedy Trial Act, the Interstate Agreement on Detainers, and any other relevant factors. If the district judge determines to honor the state's request, the order shall so indicate. 57.VIII.01: Filing of Habeas Corpus Actions.

All petitions filed by state, federal, and local prisoners seeking relief under 28 U.S.C. § 2254, 28 U.S.C. § 2241, or motion filed by federal prisoners seeking relief under 28 U.S.C. § 2255 shall be filed with the clerk of court in compliance with the instructions of the clerk of court and on the appropriate forms or forms substantially similar. The instructions and the appropriate forms can be obtained from the office of the clerk of court without charge.

11 ASSIGNMENT OF DUTIES TO MAGISTRATE JUDGES