THE COURTS
Title 255—LOCAL COURT RULES
BUCKS COUNTY
Promulgation of Rule of Criminal Procedure 576.1—Electronic Filing and Service of Legal Papers; Administrative Order No. 104
[52 Pa.B. 231]
[Saturday, January 8, 2022]
Order And Now, this 17th day of December, 2021, Bucks County Rule of Criminal Procedure No. 576.1—Electronic Filing and Service of Legal Papers, is promulgated as follows:
Bucks County Rule of Criminal Procedure No. 576.1. Electronic Filing and Service of Legal Papers.
(A) Authorization of Electronic Filing System
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1(A), electronic filing of legal papers through the PACFile electronic filing system is hereby authorized in the Bucks County Court of Common Pleas, Criminal Division. The Administrative Office of Pennsylvania Courts and the Seventh Judicial District, through the Office of the Clerk of Courts (''Clerk of Courts''), have agreed upon an implementation plan for PACFile in the Bucks County Court of Common Pleas.
Note: For the purposes of this rule, authorization for use of PACFile in the ''Criminal Division'' of the Court shall, subject to any requirements of the Clerk of Courts and the limitations set forth in section (B) hereof, include all legal papers that may be appropriately filed with the Clerk of Courts, including but not limited to those related to criminal, juvenile and dependency matters.
(B) 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;
(e) submissions filed or authorized to be filed under seal;
(f) exhibits offered into evidence, whether or not admitted, in a court proceeding; and
(g) Wiretap Act, tracker, cell phone and internet surveillance petitions.
(2) The applicable rules of procedure, general rules of court, and court policies that implement such rules shall continue to apply to the filing of all legal papers regardless of the method of filing.
(3) Any legal paper submitted for filing to the Clerk of Courts in a physical paper (''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.
(C) PACFile
(1) The exclusive system for electronic filing in the Bucks County Court of Common Pleas, Criminal Division, shall be 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) Use of the PACFile System is permissive and voluntary. Any party who declines to participate in the PACFile electronic filing system, 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 hard copy format and shall be served legal papers as required by Pa.R.Crim.P. 576 in a hard copy format by the Clerk of Courts and other parties, regardless of whether such legal papers are electronically filed or in a hard copy format.
(4) Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 114(B) and 576(B) on any attorney or party who has established a PACFile system account.
(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 hard copy format as provided in subsection (B)(3), shall become the record on appeal.
(F) Confidential Information
Counsel and unrepresented parties shall 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 hard copy format.
(G) Provision of Hard Copy Legal Papers to Court
The Clerk of Courts shall provide hard copies of any filed legal papers to the Court as required by the Court, regardless of the format in which such legal papers are filed and/or maintained by the Clerk of Courts.
This rule shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
WALLACE H. BATEMAN, Jr.,
President Judge
[Pa.B. Doc. No. 22-49. Filed for public inspection January 7, 2022, 9:00 a.m.]
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