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PA Bulletin, Doc. No. 22-1853

THE COURTS

Title 255—LOCAL COURT RULES

BERKS COUNTY

Amendments to Local Rules; Clerk of Courts; CP-06-AD-26-2022

[52 Pa.B. 7364]
[Saturday, December 3, 2022]

Order

 And Now, this 16th day of November, 2022, pursuant to Pennsylvania Rules of Criminal Procedure 576 and 576.1, it is Ordered that Berks County Rule of Criminal Procedure 576 be amended and Berks County Rule of Criminal Procedure 576.1 be adopted as follows, and shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

 The District Court Administrator is Ordered and Directed to:

 1. Submit one (1) copy of this Order, including the amended rule, to the appropriate Rules Committee of the Supreme Court of Pennsylvania for review.

 2. Distribute two (2) copies of this Order, including the amended rule, and one (1) disk copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. File one (1) copy of this Order, including the amended rules, with the Administrative Office of Pennsylvania Courts contemporaneously with publishing the local rules in the Pennsylvania Bulletin.

 4. Compile the local rules within the complete set of local rules available on the Berks County Court website no later than 30 days following publication in the Pennsylvania Bulletin.

 5. Distribute one (1) copy of this Order, including the amended rule to the Berks County Clerk of Court's Office so they can keep them continuously available for public inspection and copying.

THOMAS G. PARISI, 
President Judge

Local Rule of Criminal Procedure 576.1

Rule 576.

 (A) The Clerk of Courts is authorized to establish a formal e-filing system for the court for any filing that is not prohibited by Pa.R.Crim.P. 576.1(C) but for which PACFile does not have the technical capability to process.

Rule 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, but not mandatory, in Berks County, the 23rd Judicial District, Criminal Division effective January 9, 2023. The Administrative Office of Pennsylvania Courts (AOPC) and the Court of Common Pleas of Berks County have agreed upon an implementation plan for PACFile in Berks County.

 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) As used in this rule, the following words shall have the following meanings:

 ''electronic filing,'' the electronic submission of legal papers by means other than facsimile transmission and the acceptance of the document by the Clerk of Courts;

 ''filing party,'' an attorney, defendant, or other person who files a legal paper by means of electronic filing;

 ''legal paper,'' a pleading or other submission to the court, including motions, answers, notices, or other documents, of which filing is required or permitted, including orders, copies of exhibits, and attachments, but excluding:

 (1) applications for search warrants,

 (2) applications for arrest warrants,

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

 (4) submissions filed ex parte as authorized by law,

 (5) submissions filed or authorized to be filed under seal,

 (6) exhibits offered into evidence, whether or not admitted in a court proceeding, and

 (7) waivers of arraignment.

 ''original document,'' a legal paper filed electronically shall be deemed the original document, but copies of exhibits electronically filed do not constitute the original of the exhibit for evidentiary purposes; and

 ''the system,'' the PACFile electronic filing system, developed and administered by the Administrative Office of Pennsylvania Courts, is the exclusive system for electronic filing.

 (C) Attorneys or self-represented parties who file legal papers electronically must establish a PACFile account using the Unified Judicial System of Pennsylvania Web Portal. Pursuant to Pennsylvania Rule of Criminal Procedure 576.1(D)(2) and Pennsylvania Rules of Juvenile Procedure 167(B); 345(B); 1167(B); and 1345(B), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

 (D) Applicable filing fees for the electronically filed legal papers shall be paid electronically to the Clerk of Courts simultaneously with the filing.

 (E) A party who was granted In Forma Pauperis status shall not pay filing fees to the Clerk of Courts.

 (F) All filings shall comply with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 (G) Service of Legal Papers.

 a. Attorneys or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.

 b. Service of legal papers on any attorney or party who has not established an account as provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specifically, the following offices must be served in accordance with Rule 576: Judge, Sheriff, Probation and Parole Department, Court Reporter, and Court Administration. This applies to the service of court orders and notices. Distribution to those parties not automatically served via PACFile with a court order or notice must be filed with the Clerk of Courts office with a complete distribution legend listing the names and addresses of all parties required to be served with a paper copy.

 c. Service upon an attorney or defendant participating in the system shall be done electronically.

[Pa.B. Doc. No. 22-1853. Filed for public inspection December 2, 2022, 9:00 a.m.]


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