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PA Bulletin, Doc. No. 21-2047

THE COURTSTHE COURTS

Title 231—RULES OF CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Order Amending Rule 205.6 of the Pennsylvania Rules of Civil Procedure; No. 722 Civil Procedural Rules Doc.

[51 Pa.B. 7619]
[Saturday, December 11, 2021]

Order

Per Curiam

 And Now, this 1st day of December, 2021, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 205.6 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective January 1, 2022.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 205.6. Confidential Information and Confidential Documents. Certification.

 Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a document pursuant to these rules with the prothonotary's office shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form[, unless otherwise specified by rule or order of court,] or a Confidential Document Form in accordance with the Policy.

[Official Note] Comment:

 Applicable authority includes but is not limited to statute, procedural rule or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) can be found on the website of the Supreme Court of Pennsylvania at [http://www.pacourts.us/public-records] https://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

 I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

 The Confidential Information Form and the Confidential Document Form can be found at [http://www.pacourts.us/public-records. In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order permitting the filing of a document in two versions, a ''Redacted Version'' and an ''Unredacted Version.''] https://www.pacourts.us/public-records.

ADOPTION REPORT

Amendment of Pa.R.Civ.P. 205.6

 On December 1, 2021, the Supreme Court amended Pennsylvania Rule of Civil Procedure 205.6 to conform the rule to recent amendments to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania adopted on October 6, 2021. The Civil Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, Comment. The statements contained herein are those of the Committee, not the Court.

 Effective January 1, 2022, the amendments to Section 7.0(A) and (C) of the Policy require filers to safeguard confidential information using a Confidential Information Form. Prior to the amendments, the Policy provided an option for a court to adopt a rule or order to permit the filing of a document in two versions, a ''Redacted Version'' and an ''Unredacted Version'' rather than require the use of the Confidential Information Form. In addition, Section 9.0(H) has been added to indicate that the amendments to the Policy do not apply retroactively to documents filed with a court prior to their effective date.

 Pa.R.Civ.P. 205.6 governs confidential information and confidential documents in civil filings, including the certification that a filing is compliant with the Policy. Conforming amendments have been made to delete references within the rule and comment relating to the option for a court to require redacted and unredacted versions of a document when safeguarding confidential information.

[Pa.B. Doc. No. 21-2047. Filed for public inspection December 10, 2021, 9:00 a.m.]


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