THE COURTS
Title 231--RULES OF CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CHS. 100, 200, 400 AND 1000]
Proposed Amendments Providing for Filing Copies of Legal Papers and Service of Legal Papers by Facsimile Transmission; Proposed Recommendation No. 146
[27 Pa.B. 5956] The Civil Procedural Rules Committee proposes to amend the rules of civil procedure to provide for the filing of copies of legal papers and the service of legal papers by facsimile transmission. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.
All communications in reference to the proposed recommendation should be sent not later than January 9, 1998 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055; or E-Mail to civil.rules@court.state. pa.us.
The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 100 RULES OF CONSTRUCTION Rule 76. Definitions.
The following words and phrases when used in any rule promulgated by the Supreme Court under the authority of Article V, Section 10(c) of the Constitution of 1968, or of any Act of Assembly, shall have the following meanings, respectively, unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the chapter in which the particular rule is included:
* * * * * Facsimile copy--A copy of a document transmitted and received by facsimile equipment;
* * * * *
CHAPTER 200. BUSINESS OF COURTS
[This is a new rule.]Rule 205.3. Filing Copies of Legal Papers with the Prothonotary; facsimile copies.
(a) A copy, including a facsimile copy, of a pleading or other legal paper may be filed with the prothonotary provided that the copy shows that the pleading or other legal paper was properly signed and, where applicable, verified. Except as otherwise provided by law, the copy shall be deemed the equivalent of the original document.
Official Note: See Rule 76 for the definition of facsimile copy.
The facsimile copy must be on paper of good quality. See Pa.R.A.P. 124(a)(1).
This rule is not intended to alter the requirement of Rule 2951(c)(2) that a judgment by confession be entered pursuant to complaint if the original cannot be produced for filing.
This rule does not authorize the filing of legal papers by facsimile transmission.
(b) A party may require the filing of an original document by filing with the prothonotary and serving upon the party who filed the copy a notice to file the original document with the prothonotary within fourteen days of the filing of the notice.
CHAPTER 400. SERVICE OF ORIGINAL PROCESS SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS Rule 440. Service of Legal Papers other than Original Process.
(a)(1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made
(i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, [but if] or at such other address as a party may agree, or
Official Note: Such other address as a party may agree might include a mailbox in the prothonotary's office or an e-mail address.
(ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d).
(2)(i) If there is no attorney of record, [then (1)] service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, [but if] or by transmitting a copy by facsimile as provided by subdivision (d).
(ii) If such service cannot be made, [then (2)] service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served.
Official Note:
* * * * * (3) Legal papers served after 5:00 p.m. shall be deemed served on the following business day.
* * * * * (d)(1) A copy may be served by facsimile transmission if the parties agree thereto or if a telephone number for facsimile transmission is endorsed on an appearance or prior legal paper.
(2) The copy served shall begin with a cover sheet containing (i) the name, firm, address, telephone number, of both the party making service and the party served, (ii) the facsimile telephone number of the party making service and the facsimile telephone number to which the copy wastransmitted, (iii) the title of the legal paper served and (iv) the number of pages transmitted.
(3) Service is complete when transmission is complete.
CHAPTER 1000. ACTIONS AT LAW
PLEADINGSRule 1025. Endorsement.
(a) Every pleading or other legal paper of a party represented by an attorney shall be endorsed with the name of the attorney, and every pleading or other legal paper of a party not represented by an attorney shall be endorsed with the name of the party, together in each case with an address within the Commonwealth.
(b) The endorsement by a party willing to accept service of pleadings or other legal papers by facsimile transmission shall include the facsimile telephone number at which documents may be received.
Official Note: See Rule 440(d) governing service by facsimile transmission.
Explanatory Comment It is proposed that the rules of civil procedure be amended to allow the filing of a copy of a document, including a ''faxed'' document, and service by ''fax'' of a document other than original process.
The term ''facsimile'' is defined by Black's Law Dictionary, (Sixth Edition 1990) as ''an exact copy, preserving all the marks of the original.'' Narrowing this definition, a proposed amendment to Rule 76 limits the term to copies transmitted and received by facsimile equipment, that is, copies which are faxed.
New Rule 205.3 proposes that a copy of a document, including a faxed document, may be filed with the prothonotary and treated as an original ''provided that the copy shows that the pleading or other legal paper was properly signed and, where applicable, verified.'' A note emphasizes that the proposed rule does not provide for the filing of a document by means of facsimile transmission.
Proposed Rule 205.3(a) expressly states a copy of a document is deemed to be the equivalent of an original except as otherwise provided by law. An example of that exception is Rule 2951(c)(2) which requires that a judgment by confession be entered pursuant to complaint if the original cannot be produced for filing. A note to the proposed rule states that the rule is not intended to alter this requirement.
Subdivision (b) of proposed Rule 205.3 also provides that, if a copy of a document is filed of record, another party may require that the original document be filed. However, unless the genuineness of a document or signature is in question, it is not anticipated that this provision would be much used.
Amendments to Rules 440 and 1025 provide for service of documents upon parties by facsimile transmission. A party agrees to be served by this method by endorsing the party's fax telephone number on a prior pleading or other legal paper.
Subdivision (a) of Rule 440 is restyled, breaking the subdivision into three numbered paragraphs. New subdivision (a)(3) provides that a document other than original process must be served by 5:00 p.m. or it is deemed to be served the following business day. This provision extends to all legal papers whether served by fax or other means.
By the Civil Procedural Rules Committee
EDWIN L. KLETT,
Chairperson
[Pa.B. Doc. No. 97-1820. Filed for public inspection November 14, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
