(A) Matters to Which Applicable. This rule is applicable to all draft orders or
proposed findings and conclusions submitted by counsel.
(B) General Standards. The court may request proposed orders from counsel in
compliance with the standards set forth below and by the Fourth Circuit and
United States Supreme Court:7
Anderson v. City of Bessemer, 470 U.S. 564, 571-73 (1985); Aiken County v. BSP Div. of
Envirotech Corp., 866 F.2d 661, 676-77 (4th Cir. 1989).
(1) Whenever practicable, the court will provide oral or written guidance
in the form of a tentative ruling, outline of matters to be addressed, or
ruling as to matters not to be included.
(2) Any tentative ruling of the court pursuant to Local Civ. Rule
7.10(B)(1) (D.S.C.) will remain subject to modification until the final
order is signed.
(3) Proposed orders will make reference to supporting evidence (for
example, by name of witness or exhibit number) where applicable.
(4) Copies of proposed orders will be provided to all counsel of record at
the same time and in the same manner as provided to the court;
provided, however, that if the court requests proposed findings and
conclusions to be submitted before trial, the court may postpone the
required exchange until after trial.
(5) Unless otherwise ordered, opposing counsel will have fourteen (14)
days from receipt in which to comment to the court on the proposed
order. Comment may be provided by letter.
(6) Counsel is encouraged to submit proposed orders to the court in
electronic form.
TIME
