THE COURTS
Title 255—LOCAL COURT RULES
WASHINGTON COUNTY
Approval and Adoption of Local Rule of Orphans' Court Procedure L-O.C. 4.7; No. 2024-1
[54 Pa.B. 2768]
[Saturday, May 18, 2024]
Administrative Order And Now, this 3rd day of May, 2024, having received approval from the appropriate statewide rules committee in accordance with Pennsylvania Rule of Judicial Administration 103(d)(4), it is hereby Ordered, Adjudged, and Decreed that Local Rule of Orphans' Court Procedure L-OC 4.7, as set forth following this Order, is Approved and Adopted.
The above-identified local rule of Orphans' Court procedure shall be effective June 20, 2024, and following publication in the Pennsylvania Bulletin pursuant to Pa.R.J.A. 103(c)(5). The District Court Administrator is directed to:
1. File copies of this Administrative Order and the adopted local rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
2. File one (1) electronic copy of this Administrative Order and the adopted local rules with the Administrative Office of Pennsylvania Courts;
3. File one (1) copy of this Administrative Order in the Orphans' Court at docket OC-2024-1;
4. Arrange for the publication of the local rules on the website for the Twenty-seventh Judicial District, www.washingtoncourts.us, within thirty (30) days of the effective date; and
5. 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
GARY GILMAN,
President JudgeL-O.C. Rule 4.7. Electronic Filing.
For the purposes of this rule, the following words shall have the following meaning:
''case management system,'' means an electronic document repository maintained, administered, and managed by the Court to track information and manage cases;
''electronic filing,'' the electronic transmission of legal papers by means other than facsimile transmission;
''filing party,'' a party or counsel of record who files a legal paper by means of electronic filing; and
''legal paper,'' a pleading or other paper filed in an action, including exhibits and attachments.
(a) Electronic Filing. Beginning June 20, 2024, a filing party may electronically file legal papers with the Register of Wills/Clerk of the Orphans' Court (''clerk'') following the procedures set forth in this Rule and consistent with the procedures set forth in Pa.R.O.C.P. Rule 4.7.
(1) Notwithstanding the preceding paragraph, the following legal papers may not be filed electronically:
(i) Grant of letters;
(ii) Inheritance tax return; and
(iii) An original will or codicil.
Note: Filings made pursuant to Pa.R.O.C.P. 14.8 and Pa.R.J.A. 510 must be done in the Guardianship Tracking System, and not via C-Track.
(2) The applicable general rules of court and court policies that implement the rules shall continue to apply to all filings regardless of the method of filing.
(b) Electronic Filing of Legal Paper.
(1) Electronically filed legal papers shall be submitted in a portable document format (''PDF'').
(2) If a legal paper contains a proposed order of court, the filing party shall separately file only the proposed order in a Microsoft Word format.
(3) In the event any legal paper is presented in hard copy for filing, the clerk shall convert and maintain the legal paper as a PDF. The physical legal paper shall be returned to the filing party for retention in accordance with Pa.R.O.C.P. Rule 4.7(b)(2), with the exception of an original will or codicil. If an original will or codicil is filed, the clerk shall scan and retain the testamentary writing for a minimum of ten (10) years after the closure of the case.
(c) Signature and Verification.
(1) A legal paper filed electronically is deemed an original document.
(2) A legal paper filed electronically must include a signature block for the name of the authorized filer.
(3) A required signature shall be supplied either by filing a scanned image of the legal paper that bears the original signature of the filer, or, by affixing the digitalized signature, or the name of the filer preceded by /s/, and the printed name of the attorney, to the electronically filed legal paper.
(d) Website and Filing Date.
(1) The clerk shall provide sufficient terminals for use by filing parties and to provide for public access to court records.
(i) The clerk shall make the terminals available for use during business hours as established by the President Judge.
(ii) The clerk shall provide assistance to users of the public terminals.
(2) The designated website for electronic filing is the C-Track E-Filing Portal, which can be accessed by clicking on the ''e-File'' link on the Court's website (www.washingtoncourts.us).
(3) All electronic filers must register with the C-Track E-Filing Portal by clicking on the ''Register as an E-Filer'' link of the designated website.
(4) Use of the C-Track E-Filing Portal shall be in accordance with the user manual (if applicable), this local rule, and all instructions contained on the designated website.
(5) Registered users that submit electronic filings shall be individuals, and not law firms, agencies, corporations, or other groups; provided, however, that the filer of a legal paper must be a party or counsel of record.
(6) In the event that a legal paper is to be filed by a deadline, the filing shall be timely if filed by 11:59:59 P.M. EST/EDT on the day of the deadline.
(7) If a legal paper is accepted by the clerk, it shall be deemed to have been filed upon the date and time it was received by the C-Track E-Filing Portal; provided, however, that the clerk is authorized to refuse for filing a legal paper that is submitted without the requisite fee being paid.
(8) Nothing shall prohibit the Court and/or District Court Administrator, or their respective designees, from directly filing an order or notice into the C-Track case management system or E-Filing Portal. For purposes of this rule, an order may include an unfiled motion or petition that is attached to an order once it has been signed by a common pleas judge.
(9) Upon receipt of an electronic filing, the clerk shall provide the filing party with an e-mail notification, or automated notification from the C-Track E-Filing Portal, which includes the date and time the document was received by the C-Track E-Filing Portal.
(10) After review of the electronic filing, the clerk shall provide the filing party with a second e-mail notification, or automated notification from the C-Track E-Filing Portal, that the document has been accepted for filing (''filed'') or refused and not accepted for filing and the reason.
(11) When a legal paper is accepted by the clerk, the PDF is considered part of the official record. Proposed orders filed in Microsoft Word are to aid the Court and shall not be part of the official record.
(12) When an electronic filer files a document that should be marked ''confidential'' or otherwise secured, the filer shall indicate such required security at the time of their filing submission through the prompts on the C-Track E-Filing Portal.
(i) Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania. Use of electronic filing does not relieve any obligation regarding the filing of confidential information and/or documents.
(ii) Electronic filings that contain ''Confidential Information'' as defined by the Case Records Public Access Policy of the Administrative Office of Pennsylvania Courts shall be filed appropriately redacted, as required under the Public Access Policy. The electronic filer shall separately electronically file a Confidential Information Form and shall indicate that the form is a confidential filing at the time of their filing submission through the prompts on the C-Track E-Filing Portal.
(iii) Electronic filings that contain ''Confidential Documents'' as defined by the Case Records Public Access Policy of the Administrative Office of Pennsylvania Courts shall be marked confidential at the time of their filing submission through the prompts on the C-Track E-Filing Portal. The electronic filer shall separately file a publicly accessible Confidential Document Form indicating the confidential documents and the type of pleading.
Note: A docket entry, legal paper, or other information may only be sealed by the Court upon issuance of an order. A filing party may not seal a filing sua sponte; rather, the filing party should present a motion if requesting that a case or filing be sealed.
(e) Delay in Filing. The Court upon motion shall resolve any dispute arising under Pa.R.O.C.P. Rule 4.7(e). If a party makes a good faith effort to electronically file a legal paper but it is not received, accepted, or docketed by the system or clerk, the Court may order that the paper be accepted and filed nunc pro tunc upon a showing that the filing party made reasonable efforts to present and file the paper in a timely manner.
(f) Fees.
(1) The clerk shall accept payment of all electronic filings fees through credit or debit card. The payment processor shall be approved by the Court through the President Judge, or his or her designee.
(i) A reasonable convenience fee may be charged for the use of a credit or debit card. The convenience fee shall be set by the Court through the President Judge, or his or her designee.
(ii) The clerk may not accept alternate payment or a deposit of funds in advance of filing; provided however, that a filing party who utilizes a public terminal may pay all fees associated with the filing by cash or money order in addition to those methods prescribed in paragraph (1).
(2) The clerk shall collect a user fee for the filing of certain legal papers as established by the Court through the President Judge. The user fee and list of legal papers shall be delineated by Administrative Order.
(3) The Court may require the payment of a one time or reoccurring user fee to access the public docket or legal papers through the C-Track E-Filing Portal. Such fees shall be delineated by Administrative Order and shall be published on the C-Track E-Filing Portal or on the Courts website (www.washingtoncourts.us).
(4) Payment of fees in person at the office of the clerk may be made in cash, check, money order, or by credit card/debit card. Payment of Inheritance Tax may only be made in person and shall not be accepted through the C-Track E-Filing Portal.
(g) Service. The C-Track E-Filing Portal will automatically distribute a copy of any legal paper filed in a case to each registered C-Track user who has entered his or her appearance in that case and has been selected by the electronic filer to receive electronic service. Such automatic distribution by the C-Track E-Filing Portal of electronically filed legal papers other than original process constitutes service in accordance with the Pennsylvania Orphans' Court Rules. The electronic filer must serve the electronically filed legal papers upon any opposing parties or attorneys who are not registered users of the C-Track E-Filing Portal in accordance with the Pennsylvania Orphans' Court Rules.
(1) Service through the C-Track E-Filing Portal upon transmission on a Saturday, a Sunday, a holiday recognized by Court, or after 5:00 P.M. EST/EDT, shall be considered complete on the next business day.
(2) Establishment as a registered user of the C-Track E-Filing Portal constitutes consent to participate in electronic filing, including acceptance of service electronically of any document, other than original process, filed on the C-Track E-Filing Portal in any type of proceeding that permits electronic filing.
(3) Use of the C-Track E-Filing Portal does not relieve a party of service requirements for a notice of appeal pursuant to Pa.R.A.P. 906(2)—(4).
(h) Termination Notices for Inactive Cases. In addition to the procedures set forth in Pa.R.J.A. 1901 and Local Rule of Judicial Administration 1901, notice of proposed termination for inactive cases may be accomplished electronically in cases where a party is a registered user of the C-Track E-Filing Portal.
(i) Maintenance of Physical Files. Hard copy case files in existence at the time this Rule is adopted must continue to be maintained by the clerk, as well as any physical case records created after the effective date of this rule.
(a) The clerk may only purge a case file upon closure of the case if the legal papers in the case record are scanned into the C-Track case management system in a PDF format. To purge a case record, the clerk must file an attestation that the electronic documents represent a full and complete copy of the papers in the case file, in addition to any requirements that may be required by Pa.R.J.A. 507 or the County Records Committee (16 P.S. § 13001, et seq.).
(b) Notwithstanding the previous subsection, the President Judge may require the clerk to create or maintain physical case records as necessary for the administration of justice and the business of the court.
[Pa.B. Doc. No. 24-717. Filed for public inspection May 17, 2024, 9:00 a.m.]
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