Local Rule 16.00: Exemptions and Stay of Deadlines

16.00: Exemptions and Stay of Deadlines.

(A) Exempt Actions. Scheduling orders generally will not be entered in any action listed in Fed. R. Civ. P. 26(a)(1)(B) (categories of actions exempted from the federal rule initial disclosure and conference requirements). To the extent discovery is appropriate in any action covered by Fed. R. Civ. P. 26(a)(1)(B), it shall be governed by Local Civ. Rule 26.04 (D.S.C.) absent entry of a specific scheduling order.

(B) Non Exempt Pro Se Actions. In any action not covered by Fed. R. Civ. P. 26(a)(1)(B)(iii) and in which a party is proceeding without counsel ("pro se"), the court's initial order shall address whether the Fed. R. Civ. P. 26(f) conference or any other federal or local rule requirements addressed in Local Civ. Rules 16.01-16.02 (D.S.C.) are waived. Except to the extent the requirements are waived, orders in pro se actions shall address all deadlines listed in Local Civ. Rules 16.01-16.02 (D.S.C.).

Due to the special concerns raised by oral communications between counsel and unrepresented litigants, it is the general practice in this district to waive the Fed. R. Civ. P. 26(f) conference requirement when any party is proceeding pro se. See also Local Civ. Rule 7.02 (D.S.C.) (no consultation requirement in pro se actions). Because these concerns are not present as to written communications or submissions, it is the general practice in this district not to waive the disclosure requirements of Fed. R. Civ. P. 26(a)(1)-(3), the report requirement of Fed. R. Civ. P. 26(f), and the various requirements of Local Civ. Rule 26 (D.S.C.) in a pro se action to which they otherwise apply. See Fed. R. Civ. P. 26(a)(1)(B) (exempting prisoner pro se actions from the 26(a)(1) requirements absent order to the contrary); Local Civ. Rule 26.03(D) (D.S.C.) (addressing submission of Fed. R. Civ. P. 26(f) report when the conference requirement is waived).

(C) Stay of Deadlines and Entry of Scheduling Orders. The court may stay entry of the scheduling order(s) and all federal and local civil rule disclosure and conference requirements pending resolution of a motion to remand or to dismiss or other dispositive motion. Any party desiring a stay on this basis shall file a separate motion to stay. No consultation or separate memorandum is required.