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PA Bulletin, Doc. No. 01-394

THE COURTS

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Electronic Filing of Legal Papers Involving Proceedings Pursuant to the Mental Health Procedures Act; Adoption of Phila.R.Civ.P. No. 205.4; President Judge Administrative Order No. 2001-01

[31 Pa.B. 1325]

Order

   And Now, this 2nd day of January, 2001, in order to facilitate the filing of applications and petitions pursuant to the Mental Health Procedures Act of 1976, as amended, and pursuant to Phila.R.C.P. No. 7109, in light of the time requirements for the filing, scheduling, and conclusion of the hearing, and in order to fully take advantage of Pa.R.C.P. No. 205.4 which authorizes the establishment of a rule for the electronic filing and service of legal papers, It Is Hereby Ordered, Adjudged and Decreed that the within Order adopts, on a temporary basis, Phila.R.Civ.P. No. 205.4 as follows:

   (a)  General Rule. (1) Except as otherwise provided by subsection (2) of this rule, parties shall file legal papers, including original process, with the Prothonotary by means of electronic filing in any civil mental health matter filed pursuant to the Mental Health Procedures Act of 1976, as amended, and Phila.R.Civ.P. No. 7109.

   (2)  Notwithstanding subsection (1), appeals to appellate courts filed from orders issued by the Court pursuant to Petitions for Review of certification orders issued by Mental Health Review Officers cannot be filed electronically, but must be filed with the Prothonotary in a hard copy format.

   (3)  The filing party shall maintain the original hard copy of any legal paper that is electronically filed and shall file the original with the Prothonotary if requested pursuant to Pa.R.C.P. No. 205.4(b)(2)(ii).

   (4)  The Prothonotary shall not maintain a hard copy file of any legal papers filed electronically pursuant to this rule.

   (b)  File Date. Acceptance By Prothonotary. The legal paper filed electronically shall be deemed ''filed'' when ''verified'' or ''accepted'' by the Prothonotary. Provided, however, that the Prothonotary may deem an Application filed or accepted pursuant to Section 303 of the Mental Health Procedures Act to be filed on a later, specifically stated date, for purposes of scheduling a hearing on the Application. Acceptance shall occur after the Prothonotary has reviewed the pleading and determined compliance with rules of court. The Prothonotary shall provide a filing status message to the filing party setting forth the date of and time of acceptance of the filing. If the filing party does not receive a filing status message within eight (8) business hours, the legal paper is not considered filed and the filing party must again submit the pleading to the Prothonotary's office.

Note

   A filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the Prothonotary. See Pa.R.C.P. No. 205.4(e)(2). One of the risks is that the Prothonotary--either correctly or incorrectly--determines that the filing party has not met its obligation for payment of the necessary fees and costs.

   (c)  Scheduling of Hearing. Upon filing of the application or petition, a hearing shall be scheduled consistent with the dictates of the Mental Health Procedures Act.

   (d)  Service of Pleading and Scheduling Order. After the application or petition is verified and accepted and a hearing date scheduled, the Prothonotary shall notify all parties that the application was filed and is available, and further that a scheduling order was entered. This notification shall constitute service of the application or petition on all parties, and service of the scheduling order as required by Pa.R.C.P. No. 236.

   (e)  Commitment Orders. Upon conclusion of the hearing, the Mental Health Review Officer shall enter a commitment order electronically within the time be period required by the Mental Health Procedures Act and Phila.R.C.P. No. 7109, and an electronic copy of the order shall be e-mailed to all parties. Service of the electronic order shall constitute compliance with Pa.R.C.P. No. 236.

   (f)  Website. The Prothonotary's website is at the following website address: http://courts.phila.gov, or at such other site as may from time to time be designated. The Prothonotary shall provide electronic access at all times. The time and date of the filing and receipt shall be as set forth above.

   (g)  Authorized Users. Access to the website shall be available to an attorney by use of a password and the attorney's Supreme Court identification number issued by the Court Administrator of Pennsylvania. Access is also available to any other user authorized by the Prothonotary or the Court.

   (h)  Fees. The Prothonotary shall impose an automation fee of $5.00 per application or petition filed after the effective date of this Regulation, together with the first filing fees, unless the President Judge waives any and all portion of the filing fee and automation fee. Provided, however, that all petitions and applications not filed with the Prothonotary electronically after the implementation date of this Regulation shall be subject to both the automation fee and the first filing fee. The funds generated by the automation fee shall be set aside by the Prothonotary and remitted monthly to the First Judicial District's Procurement Unit, and shall be used for, but not limited to, the development, training, implementation and maintenance of the electronic filing system for the Philadelphia Court of Common Pleas. The procedure for payment of the fees and costs of the Prothonotary shall be set forth on the Prothonotary's website.

   (i)  Effective Date. This Regulation shall become effective thirty (30) days after publication in the Pennsylvania Bulletin, and shall be implemented as provided by the Prothonotary and the Coordinator of the Civil Mental Health Program. This rule shall be automatically rescinded on December 31, 2001, as required by Pa.R.C.P. No. 205.4(h), unless Pa.R.C.P. No. 205.4(h) is extended by the Supreme Court and the within local rule is extended in writing by this Court.

   This Administrative Order is promulgated in accordance with Pa.R.C.P. 205.4 and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. The original Administrative Order shall be filed with the Prothonotary in a docket maintained for Administrative Orders issued by the President Judge of the Court of Common Pleas, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Supreme Court's Civil Procedural Rules Committee. Copies of the Administrative Order shall also be submitted to American Lawyer Media, The Legal Intelligencer, Jenkins Memorial Library and the Law Library for the First Judicial District.

ALEX BONAVITACOLA,   
President Judge

[Pa.B. Doc. No. 01-394. Filed for public inspection March 9, 2001, 9:00 a.m.]


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