THE COURTS

Title 255—LOCAL COURT RULES

CHESTER COUNTY

Establishment and Adoption of Local Rule of Criminal Procedure

[49 Pa.B. 706]
[Saturday, February 16, 2019]

Order

 And Now, this 25th day of January, 2019, it is hereby Ordered and Decreed that Chester County Rules of Criminal Procedure are established and effective upon the following:

Establishment of Chester County Rule of Criminal Procedure 576.1
Electronic Filing and Service of Legal Papers
C.C.R.Crim.P 576.1

 It is further Ordered that the Clerk of Court Administrator shall:

 1. File one copy of C.C.R.Crim.P 576.1 with the Administrative Office of the Pennsylvania Courts via email to adminrules@pacourts.us;

 2. File two paper copies and one electronic copy of C.C.R.Crim.P 576.1 in a Microsoft Word format only on a CD-ROM to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin at the following address: Pa. Code and Bulletin Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg, PA 17120;

 3. Publish C.C.R.Crim.P 576.1 on the Court of Common Pleas of Chester County, 15th Judicial District's website at www.chesco.org;

 4. Incorporate C.C.R.Crim.P 576.1 into the set of local rules on the Court of Common Pleas of Chester County, 15th Judicial District's website within thirty (30) days after the publication of the local rule in the Pennsylvania Bulletin; and

 5. File and keep C.C.R.Crim.P 576.1, along with all local rules of this Court, continuously available for public inspection and copying in the Chester County Clerk of Court's Office.

 It is hereby Ordered that C.C.R.Crim.P 576.1 shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JACQUELINE CARROLL CODY, 
Judge

C.C.R.Crim.P. 576.1. Electronic Filing and Service of Legal Papers.

 (A) General Scope and Purpose of the Rule

 Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Chester County, the 15th Judicial District, as of March 4, 2019. The Administrative Office of Pennsylvania Courts and the judicial district of Chester County have agreed upon an implementation plan for PACFile in Chester County.

 (B) PACFile

 (1) The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of the Pennsylvania Courts and located on Pennsylvania's Unified Judicial System Web Portal at https://ujsportal.pacourts.us/PACFile.aspx.

 (2) Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.

 (3) At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format ('hard-copy') and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.

 (C) Legal Papers

 (1) ''Legal papers'' are pleadings or other submissions to the court, including motions, answers, notices, or other documents, of which filing is required or permitted, including orders, exhibits and attachments, but excluding:

 (a) applications for search warrants;

 (b) applications for arrest warrants;

 (c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment;

 (d) submissions filed ex parte as authorized by law; and

 (e) submissions filed or authorized to be filed under seal.

 (2) The applicable rules of criminal procedure, general rules of court, and court policies that implement the rules shall continue to apply to all filings of legal papers regardless of the method of filing.

 (3) Any legal paper submitted for filing to the Clerk of Courts in a physical paper (or 'hard-copy') format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of court and record retention policies. The Clerk of Courts shall convert such hard-copy legal paper to .pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C) and this rule.

 (D) Filing Fees

 Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.

 (E) Record on Appeal

 Electronically filed legal papers, and copies of legal papers filed in a paper format as provided in subsection (C)(3), shall become the record on appeal.

 (F) Confidential Information

 Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in a paper format.

[Pa.B. Doc. No. 19-205. Filed for public inspection February 15, 2019, 9:00 a.m.]

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