THE COURTS
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989, 2217-0001; 1372 MD 2017
[47 Pa.B. 6184]
[Saturday, October 7, 2017]
Order And Now, this 22nd day of September 2017, Dauphin County Local Rules of Judicial Administration 101 and 102, Local Rule of Civil Procedure 1930.1, and Local Rule of Criminal Procedure 113 are promulgated and Local Rule of Civil Procedure 205.2(a) and Local Orphans' Court Rule 1.8(c) are amended as follows:
Rule of Judicial Administration 101. Public Access— Confidential Information.
A. In accordance with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, attorneys and self-represented parties shall not include the following confidential information in any document filed with the appropriate filing office (Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court), except on the Confidential Information Form designed and published by the Administrative Office of Pennsylvania Courts.
1. Social Security Numbers;
2. Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified;
3. Driver's License Numbers;
4. State Identification (SID) Numbers;
5. Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355); and
6. Abuse victim's address and other contact information, including employer's name, address and work schedule, in family court actions as defined by Pa.R.C.P. 1931(a), except for victim's name.
B. Attorneys and self-represented parties shall file the Confidential Information Form in the appropriate filing office (Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court), contemporaneously with the document.
C. This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable authority. Examples of such cases are juvenile cases, child support cases, and adoptions.
D. Attorneys and self-represented parties shall be solely responsible for complying with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''
E. The court or appropriate filing office (Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court), is not required and will not review or redact any filed document for compliance with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.
Rule of Judicial Administration 102. Public Access— Confidential Documents.
A. In accordance with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, attorneys and self-represented parties shall file the following confidential documents with the appropriate filing office (Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court) under a cover sheet titled ''Confidential Document Form'' designed and published by the Administrative Office of Pennsylvania Courts.
1. Financial Source Documents;
2. Minors' educational records;
3. Medical/Psychological records;
4. Children and Youth Services' records;
5. Marital Property Inventory and Pre-Trial Statement as provided in Pa.R.C.P. 1920.33;
6. Income and Expense Statements as provided in Pa.R.C.P. 1910.27(c); and
7. Agreements between parties as used in 23 Pa.C.S. § 3105.
B. Confidential documents submitted with the Confidential Document Form shall not be accessible to the public, except as ordered by the court. The Confidential Document Form shall be accessible to the public.
C. This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable authority. Examples of such cases are juvenile cases, child support cases, and adoptions.
D. Attorneys and self-represented parties shall be solely responsible for complying with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''
E. The court or appropriate filing office (Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court), is not required and will not review or redact any filed document for compliance with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.
Rule of Civil Procedure 205.2(a). Physical Characteristics of Pleadings and Other Legal Papers.
(1) All documents filed in the Office of Prothonotary shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:
(a) The document shall be prepared on white paper of good quality and the use of recycled paper is encouraged.
(b) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.
(c) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Except as provided in subsection b, margins must be at least one inch on all four sides.
(d) The lettering shall be clear, legible and no smaller than Arial 12 point.
(e) The lettering shall be on only one side of a page.
(f) All exhibit tabs shall appear at the bottom of the pleading.
(g) No backers shall be used on the original or any copies of pleadings or other legal papers filed with the Prothonotary. The original of pleadings or other legal papers should be stapled in the top left corner. If the document is over one-half inch thick, it should be secured with a binder clip. Backers may be used for copies provided to the court, opposing parties or clients.
(h) Exhibits or attachments smaller than 8 1/2 inches by 11 inches shall be attached to a regular size paper by using adhesive tape.
(i) Pages shall be consecutively numbered beginning with page 2 and said number shall appear on the bottom center of the pleading.
(j) The name of the attorney or party, the address at which service can be made, a telephone number and email address of the attorney or party shall appear on the top left hand corner of the first page of all papers filed in the Office of the Prothonotary.
(k) With the initiating filing and all subsequent filings, in cases where medical malpractice is or will be alleged, the notation ''Civil Action—Medical Professional Liability Action'' shall appear on all captions directly underneath the docket number.
(l) Any courtesy copies of filings that are provided to a judge and served on opposing parties must be firmly bound and any metal fasteners or staples must be securely covered with no sharp or protruding edges of any kind.
(m) Filings of record may be referenced in any subsequent filing but shall not be attached thereto.
(n) [Unless required by an applicable law or rule of court or unless so directed by the court, parties or their attorneys may include only:
(1) the last four digits of the social security number or the taxpayer identification number;
(2) the year of the individual's birth;
(3) the last four digits of the financial account information
in documents filed with the Prothonotary. The responsibility for redacting these personal identifiers rests solely with the parties. Documents will not be reviewed by the Prothonotary for compliance with the rule. This rule applies to exhibits to pleadings and to exhibits entered into evidence in Court.]
Attorneys and self-represented parties shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and Local Rules of Judicial Administration 101 and 102 found at http://www.dauphincounty.org/government/Court-Departments/Local-Rules-of-Court/Pages/default.aspx.
(2) The Prothonotary shall endorse upon each paper filed, the date and time of its filing, and enter it upon the proper docket.
(3)(a) All civil motions, petitions, administrative applications and answers or responses thereto shall be accompanied by a proposed order (or alternative orders).
(b) The proposed order(s) shall contain a distribution legend which shall include the name(s) and mailing address(es), telephone number(s), facsimile number(s) and e-mail address(es), if any, of all attorneys and[/or pro se] self-represented parties to be served.
(4) The judge(s) chambers shall:
(a) file the original order with the Prothonotary;
(b) prepare copies of the order for mailing;
(c) have the Prothonotary's Office certify the copies for mailing;
(d) mail copies of the certified order to all parties listed in the distribution legend;
(e) note the date of mailing and the initials of the person who accomplished the mailing on the filed original order.
Comment Paragraph (3) of this rule is intended to formalize a practice of long standing in Dauphin County as well as the majority of other counties. The proposed order should identify the relief sought, e.g. continuance, rule to show cause, request status or discovery conference, amend a complaint, etc.
An accurate distribution legend naming all attorneys and[/or pro se] self-represented parties and their addresses, telephone numbers, facsimile numbers and e-mail addresses, if any, is essential since the court is now assuming the responsibility for service of its orders. Inclusion of facsimile numbers and e-mail addresses is not intended to authorize service by these methods.
Paragraph (4) of this rule is intended to formalize what is now a hybrid process which has left some doubt as to the responsibility for service of orders.
[Pursuant to 23 Pa.C.S.A. § 4304.1(a)(3), the complete Social Security Number is required when the divorce file is submitted to the court for entry of a divorce decree. Dauphin County uses a form entitled 'Divorce Information Sheet' for the collection of this information. This sheet is pulled from the Prothonotary's file after the entry of the divorce decree and is never available to the public.]
Rule of Civil Procedure 1930.1. Public Access.
Attorneys and self-represented parties shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and Local Rules of Judicial Administration 101 and 102 found at http://www.dauphincounty.org/government/Court-Departments/Local-Rules-of-Court/Pages/default.aspx.
Rule of Criminal Procedure 113. Public Access.
Attorneys and self-represented parties shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and Local Rules of Judicial Administration 101 and 102 found at http://www.dauphincounty.org/government/Court-Departments/Local-Rules-of-Court/Pages/default.aspx.
Orphans' Court Rule 1.8(c). Docketing of Cases and Request for Assignment.
(1) All matters shall be filed with the Clerk of the Orphans' Court before they are entertained by this Court. Attorneys and self-represented parties shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and Local Rules of Judicial Administration 101 and 102 found at http://www.dauphincounty.org/government/Court-Departments/Local-Rules-of-Court/Pages/default.aspx.
(2) When the issuance of a citation is requested, or when any petition, account, objection, preliminary objection, exception to an auditor's or master's report, or motion is ready to be scheduled for a hearing, argument, or disposition by the Court, or when a conference with the Court is requested, a party must file a ''Request for Assignment'' using the latest format, together with a proposed citation, rule, or order which contain a distribution legend. The Request for Assignment must state:
(a) the name and docket number of the case;
(b) the title and date of the matter(s) ready for assignment;
(c) whether all responsive pleadings have been filed or the time for responsive pleadings has elapsed;
(d) if a hearing or argument is requested, the anticipated length of the hearing or argument;
(e) a list of any related cases; and
(f) the names, addresses, telephone numbers, and email addresses of all counsel and self-represented parties.
Request for Assignment forms shall be available from the Clerk of the Orphans' Court or online at www.dauphincounty.org.
These amendments shall be published in the Pennsylvania Bulletin and are effective January 6, 2018.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 17-1663. Filed for public inspection October 6, 2017, 9:00 a.m.]
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