THE COURTS

Title 255—LOCAL COURT RULES

McKEAN COUNTY

Adoption of Local Rules of Criminal, Juvenile and Procedure; 13 AD 2023

[53 Pa.B. 3573]
[Saturday, July 8, 2023]

Order of Court

 And Now, this 26th day of June, 2023, it is Hereby Ordered and Decreed as follows:

 1. The following McKean County Local Rules are Hereby Adopted pursuant to Pa.R.Crim.P. 576.1. and shall be effective thirty (30) days following this publication: July 26 2023.

 2. The adopted Local Rules shall be disseminated and published in the following manner:

 a. One (1) certified copy of the Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;

 b. The adopted Local Rules shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 c. A copy of the adopted Local Rules shall be published on the Unified Judicial System's website through the Pennsylvania Judiciary's Web Application Portal;

 d. The adopted Local Rules shall be kept continuously available for public inspection and copying in the Office of the Clerk of Courts of McKean County, and upon request and payment of reasonable costs of reproduction and mailing, a copy shall be furnished to any requesting person;

 e. The adopted Local Rules shall be published on the website for the County of McKean.

By the Court

JOHN H. PAVLOCK, 
President Judge

MCKEAN COUNTY LOCAL RULE OF
CRIMINAL PROCEDURE 576.1

Rule L-576.1. Electronic Filing and Service of Legal Papers.

 (A) General Scope and Purpose of this Rule

 The electronic filing of legal papers in the Court of Common Pleas, 48th Judicial District, is hereby authorized in accordance with Pa.R.Crim.P. 576.1 and this rule. The applicable general rules of court and court polices that implement the rules shall continue to apply to all filings regardless of the method of filing.

 (B) Use of the electronic filing system is permissive and legal papers permitted and excluded from electronic filing are as defined in Pa.R.Crim.P. 576.1(C).

 (C) The Administrative Office of Pennsylvania Courts has agreed upon the implementation plan for the use of PACFile in the 48th Judicial District as of August 14, 2023.

 (D) The Clerk of Courts may maintain an electronic file only with approval from the Court, except for filings expressly excluded in Pa.R.Crim.P. 576.1(C) defining ''legal paper.'' For excluded filings, the Clerk of Courts shall maintain a paper file numbered in accordance with the electronic file for the same case.

 (E) PACFile

 a. 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.

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

 c. any party who declines to participate in the 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 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.

 (F) Legal Papers in a Paper Format

 Any legal paper submitted for filing to the Clerk of Courts in 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). Once converted to .pdf, the .pdf version of the legal paper shall be deemed and treated as the original legal paper and may be used by the parties and the Court for all purposes, including but not limited to, court hearings and trials in the Court of Common Pleas, 48th Judicial District.

 (G) 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.

 (H) Record on Appeal

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

 (I) 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 Court whether filed electronically or in paper format.

 (J) Miscellaneous provisions

 The Clerk of Courts shall provide sufficient means to allow parties and the public to file and access legal papers as provided by this rule and as authorized by any applicable statutes, rules, or policy.

Order of Court

 And Now, this 26th day of June, 2023, it is Hereby Ordered and Decreed as follows:

 1. The following McKean County Local Rules are Hereby Adopted pursuant to Pa.R.J.C.P. 205 and Pa.R.J.C.P. 1205. and shall be effective thirty (30) days following this publication: July 26th 2023.

 2. The adopted Local Rules shall be disseminated and published in the following manner:

 a. One (1) certified copy of the Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;

 b. The adopted Local Rules shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 c. A copy of the adopted Local Rules shall be published on the Unified Judicial System's website through the Pennsylvania Judiciary's Web Application Portal;

 d. The adopted Local Rules shall be kept continuously available for public inspection and copying in the Office of the Clerk of Courts of McKean County, and upon request and payment of reasonable costs of reproduction and mailing, a copy shall be furnished to any requesting person;

 e. The adopted Local Rules shall be published on the website for the County of McKean.

By the Court

JOHN H. PAVLOCK, 
President Judge

MCKEAN COUNTY LOCAL RULE OF
JUVENILE COURT PROCEDURE 205

Rule 205. Electronic Filing and Service of Legal Papers.

 (A) The Administrative Office of Pennsylvania Courts has agreed upon the implementation plan for the use of PACFile in the 48th Judicial District as of August 14, 2023.

 (B) All parties represented by counsel and juvenile probation personnel are permitted 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:

 a. Applications for search warrants;

 b. Applications for arrest warrants;

 c. Exhibits offered into evidence, whether admitted or not, in a proceeding before a common pleas judge or hearing officer; and

 d. 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)(a)—(d), which must be maintained in a physical paper format only in accordance with Pa.R.J.C.P. 205(C).

MCKEAN COUNTY LOCAL RULE OF
JUVENILE COURT PROCEDURE 1205

Rule 1205. Electronic Filing and Service of Legal Papers.

 (A) The Administrative Office of Pennsylvania Courts has agreed upon the implementation plan for the use of PACFile in the 48th Judicial District as of August 14, 2023.

 (B) The system shall permit the following parties 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: attorneys, parties proceeding without counsel, and non-attorney persons or entities with standing to participate in a proceeding. Legal papers that are exempt from filing by PACFile include:

 a. Exhibits offered into evidence, whether admitted or not, in a proceeding before a common pleas judge or hearing officer; and

 b. 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)(a)-(b), which must be maintained in a physical paper format only in accordance with Pa.R.J.C.P. 1205(C).

[Pa.B. Doc. No. 23-886. Filed for public inspection July 7, 2023, 9:00 a.m.]

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