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PA Bulletin, Doc. No. 04-1952

THE COURTS

PART II.  ORPHANS' COURT RULES

[231 PA. CODE PART II]

Order Amending Pa.O.C.R. 2.3 and Adopting Pa.O.C.R. 3.7; No. 344 Supreme Court Doc. No. 1

[34 Pa.B. 5891]

Order

Per Curiam:

   And Now, this 18th day of October, 2004, upon the recommendation of the Orphans' Court Procedural Rules Committee, the proposal having been published for comment before adoption,

   It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Orphans' Court Procedure 2.3 is amended, and Pennsylvania Rule of Orphans' Court Procedure 3.7 is adopted, in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART II.  ORPHANS' COURT RULES

RULE 2:  CONSTRUCTION AND APPLICATION OF RULES

Rule 2.3  Definitions.

   The following words when used in these rules, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this rule:

*      *      *      *      *

   ''Electronic Filing'' means the electronic transmission via the internet of legal papers to the Clerk of the Orphans' Court Division.

   ''Fiduciary'' includes executors, administrators, guardians, agents acting under a power of attorney and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the Orphans' Court Division.

   ''Filing party'' means a party or an attorney acting on behalf of a party who files a legal paper by means of electronic filing.

   ''Legal paper'' means a petition, pleading, or other document.

*      *      *      *      *

RULE 3:  PLEADING AND PRACTICE

Rule 3.7  Electronic Filing and Service of Legal Papers.

   (a)  Authorization for Electronic Filing.

   (1)  A local Orphans' Court may permit or require electronic filing of legal papers. Any Court which implements electronic filing shall establish procedures governing such filing by local rule which shall be consistent with the procedures set forth herein.

   Explanatory Note:  Those jurisdictions which require e-filing must also provide the necessary technical assistance to those parties who lack the capability to electronically file legal papers.

   (2)  This rule does not mandate the implementation of electronic filing by a local Orphans' Court.

   (b)  Electronic Filing of Legal Paper.

   (1)  A filing party may file a legal paper with the Clerk by means of electronic filing.

   (2)  Legal papers and exhibits shall be filed in portable document format (.pdf).

   (3)  Exhibits to a legal paper shall be converted to portable document format (.pdf) by scanning or other method.

   (4)  Any party may require the filing party to file the original or a hard copy of a legal paper or exhibit by filing a notice to file with the Clerk and serving a copy of the notice upon the filing party. The filing party shall file the specified document with the Clerk within fourteen (14) days after service of the notice. Upon disposition of the matter before the Court, an original document may be returned to the party who filed it, or retained by the Court, as the Court may determine.

   (c)  Signature, Verification and Retention of Legal Paper.

   (1)  The original legal paper shall be properly signed, and where required, verified.

   (2)  The electronic filing of a legal paper constitutes a certification by the filing party that the original document was signed, and where applicable, verified.

   (3)  Unless retained by the Court, the filing party shall maintain the original of all documents so certified, together with any exhibits filed, for five (5) years after the later of:

   (i)  the disposition of the case;

   (ii)  the entry of an order resolving the issue raised by the legal paper; or

   (iii)  the disposition by an appellate court of the issue raised by the legal paper.

   (d)  Website and Filing Date.

   (1)  The Court shall designate a website for the electronic filing of legal papers. A user name and password shall be issued to authorized users.

   (2)  The Court shall provide electronic filing access at all times. The time and date of the filing shall be that registered by the Court's computer system.

   (3)  The Court shall provide, through its website, an acknowledgement that the filing has been processed. Such acknowledgement shall include the date and time of filing in a form which can be printed for retention by the filing party.

   (e)  Delay in Filing. A filing party shall be responsible for any delay, disruption, or interruption of electronic transmission, and for the legibility of the document electronically filed, except for delays caused by the failure of the Court's website. The filing party may petition the Court to resolve any dispute concerning an alleged failure of the Court's website.

   (f)  Fees.

   (1)  A filing party shall pay the fee for electronically filing a legal paper as provided by the Court.

   (2)  The Court may assess an additional automation fee for each legal paper electronically filed which shall be used for the development, implementation, maintenance, and training in the use of the Orphans' Court electronic filing system, and other related uses.

   (g)  Local Procedures. The Court may develop further administrative procedures, as needed, to implement this rule and to provide for security of the electronic filing system, as required by changing technology.

   (h)  Service of Legal Papers by Parties.

   (1)  Service of original process shall not be permitted by electronic means, unless agreed to by the respondent.

   (2)  Service of subsequent legal papers may be effected by electronic transmission if the parties agree, or if an electronic mail address appears on an entry of appearance, or other legal paper previously filed with the Court in the action. Electronic service is complete when the legal paper is sent to the recipient's electronic mail address, or when the recipient is notified by electronic mail that a legal paper affecting the recipient has been filed and is available for review on the Court's website.

   (i)  Notices. The Clerk and the Court may serve all notices via electronic means.

   Explanatory Note:  This Rule is designed as a general enabling mechanism by which local judicial districts can, if they so choose, implement electronic filing. Implementation procedures not inconsistent with this Rule will be determined by local rules of court.

   Nothing in this Rule is intended to change the procedural requirements of Orphans' Court practice, as embodied in the statutes and rules of court. Rather this Rule is intended to facilitate the delivery of legal papers to the Court and the parties, as well as to reduce record management burdens in the office of the Clerk. The terms ''electronic filing,'' ''filing party,'' and ''legal paper'' are defined in Rule 2.3.

   The Court may, from time to time, modify the approved electronic filing system to take into consideration the costs and security of the system, and the maintenance of electronic data and images.

   Existing procedures regarding record retention for paper documents by the Clerk shall apply to electronically filed documents. A local Orphans' Court which permits electronic filing may require filing and maintenance of paper documents or exhibits; it may also accept paper documents, convert such documents to electronic format, and destroy the paper documents. (See Record Retention & Disposition Schedule with Guidelines, adopted by the Supreme Court of Pennsylvania by Order, dated November 28, 2001, as part of the amendment to Pa.R.J.A. No. 507).

[Pa.B. Doc. No. 04-1952. Filed for public inspection October 29, 2004, 9:00 a.m.]


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