THE COURTS

Title 255—LOCAL COURT RULES

WASHINGTON COUNTY

Adoption of Local Rules of Juvenile Procedure L-205 and L-1205; No. 2023-1

[53 Pa.B. 1804]
[Saturday, April 1, 2023]

Administrative Order

 And Now, this 14th day of March, 2023, having received approval from the appropriate Rules Committee pursuant to Pa.R.J.A. 103(d)(4), it is hereby Ordered, Adjudged, and Decreed that Washington County Local Rules of Juvenile Procedure L-205 and L-1205 (following) are hereby adopted, effective thirty (30) days after publication of this Order in the Pennsylvania Bulletin.

 This Order shall be processed in accordance with Pa.R.J.A. 103(d)(5) and (6). The District Court Administrator is directed to:

 1. Distribute copies of the adopted local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 2. File one (1) copy with the Administrative Office of Pennsylvania Courts;

 3. Publish the local rules on the Court's website within thirty (30) days of the effective date; and

 4. Cause a copy hereof to be published in the Washington County Reports once a week for two (2) successive weeks at the expense of the County of Washington.

By the Court

JOHN F. DiSALLE, 
President Judge

Rule L-205. Electronic Filing and Service of Legal Papers.

 (A) The Administrative Office of Pennsylvania Courts and the 27th Judicial District previously agreed to an implementation plan for electronic filing through the statewide system known as PACFile, and more than two years has passed since the use of PACFile was authorized for the filing of legal papers in delinquency proceedings.

 (B) All parties represented by counsel and juvenile probation personnel are required to electronically file legal papers through PACFile with the clerk of courts, unless otherwise prohibited by Pa.R.J.C.P. 205(C), and for which PACFile has the technical capability to process. Legal papers that are exempt from filing by PACFile include:

 (1) applications for search warrants;

 (2) applications for arrest warrants;

 (3) exhibits offered into evidence, whether admitted or not, in a proceeding before a common pleas judge or hearing officer; and

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

 (C) Any party who is unable to participate in PACFile may file legal papers in a physical paper format with the clerk of courts, and shall be served legal papers in a physical paper format by the clerk of courts and other parties to the case. However, establishment of a PACFile account by a filing party shall constitute consent to participate in electronic filing, including acceptance of service electronically of any document filed in PACFile.

 (D) The clerk of courts shall maintain a physical paper file until the case is closed. Following closure, the clerk of courts may maintain an electronic file only after entering a docket notation that the electronic file is a complete and true copy of the physical file with the exception of those items identified in subsections (B)(1) through (B)(4), which must be maintained in a physical paper format only in accordance with Pa.R.J.C.P. 205(C).

 (E) For the purposes of this rule, the term ''clerk of courts'' is defined as that person or entity designated as such in Local Rule of Juvenile Procedure 120. The Juvenile Probation Office is the clerk of courts for delinquency matters.

Rule L-1205. Electronic Filing and Service of Legal Papers.

 (A) The Administrative Office of Pennsylvania Courts and the 27th Judicial District previously agreed to an implementation plan for electronic filing through the statewide system known as PACFile, and more than two years has passed since the use of PACFile was authorized for the filing of legal papers in dependency proceedings.

 (B) All parties represented by counsel and guardian ad litems are required to electronically file legal papers through PACFile with the clerk of courts, unless otherwise prohibited by Pa.R.J.C.P. 1205(C), and for which PACFile has the technical capability to process. Legal papers that are exempt from filing by PACFile include:

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

 (2) exhibits offered into evidence, whether admitted or not, in a proceeding before a common pleas judge or hearing officer.

 (C) Any party who is unable to participate in PACFile may file legal papers in a physical paper format with the clerk of courts, and shall be served legal papers in a physical paper format. However, establishment of a PACFile account by a filing party shall constitute consent to participate in electronic filing, including acceptance of service electronically of any document filed in PACFile.

 (D) The clerk of courts shall maintain a physical paper file until the case is closed. Following closure, the clerk of courts may maintain an electronic file only after entering a docket notation that the electronic file is a complete and true copy of the physical file with the exception of those items identified in subsections (B)(1) and (B)(2), which must be maintained in a physical paper format only in accordance with Pa.R.J.C.P. 1205(C).

 (E) For the purposes of this rule, the term ''clerk of courts'' is defined as that person or entity designated as such in Local Rule of Juvenile Procedure 1120. The Juvenile Probation Office is the clerk of courts for dependency matters.

[Pa.B. Doc. No. 23-427. Filed for public inspection March 31, 2023, 9:00 a.m.]

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