THE COURTS
Title 231--RULES
OF CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CHS. 200 AND 2950]
Proposed Amendment of Rule 205.4 Governing Electronic Filing of Legal Papers and Promulgation of New Rule 239.9 Governing Local Rules; Proposed Recommendation No. 219
[36 Pa.B. 7802]
[Saturday, December 23, 2006]The Civil Procedural Rules Committee is proposing the amendment of Rule of Civil Procedure 205.4 governing electronic filing and service of legal papers and the promulgation of new Rule 239.9 governing local rules. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.
All communications in reference to the proposed recommendation should be sent not later than February 16, 2007 to:
Harold K. Don, Jr.
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
or E-Mail to
civil.rules@pacourts.usThe Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 200. BUSINESS OF COURTS Rule 205.4. Electronic Filing and Service of Legal Papers.
(a)(1) A court by local rule may permit or require electronic filing of legal papers with the prothonotary and shall specify the actions and proceedings and the legal papers subject to the rule.
Official Note: This rule does not require the implementation of electronic filing by a local court.
If a court determines that legal papers may be filed electronically with the prothonotary, Rule 239.9(a) requires the court to promulgate Local Rule 205.4 which shall describe the electronic filing system program and set forth the practice and procedure for the matters required by this rule.
If a court provides that electronic filing is mandatory, it must also provide the necessary technical assistance to those parties who lack the capability to file legal papers electronically.
(2) As used in this rule, the following words shall have the following meanings:
* * * * * ''legal paper,'' a pleading or other paper filed in an action, [but not] including exhibits and attachments
[(1) a writ of summons or a complaint that is original process naming an original defendant or an additional defendant, unless the court by local rule provides otherwise, or
(2) a notice of appeal from an award of a board of arbitrators or a notice of appeal or other legal paper, the filing of which is prescribed by the Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges.
(b) A party may file a legal paper with the prothonotary by means of electronic filing if electronic filing is permitted by general rule, rule of court or special order of court. The filing shall be in the format of Adobe PDF, WordPerfect for Windows or Microsoft Word for Windows. Except as otherwise provided by law, a legal paper filed electronically shall be deemed the equivalent of the original document.
(1) The electronic filing of a legal paper constitutes
(i) a certification by the filing party that the original hard copy was properly signed and, where applicable, verified, and
(ii) a certification as provided by the signature to a legal paper under Rule 1023.1(c), the violation of which shall be subject to the sanction provision of Rule 1023.1(d).
(2)(i) The filing party shall maintain the original hard copy of the document filed.
(ii) Any other party at any time may require the filing party to file the original hard copy by filing with the prothonotary and serving upon the filing party a notice to file the original hard copy with the prothonotary within fourteen days of the filing of the notice.]
(b)(1) Legal papers shall be presented for filing in portable document format (Adobe PDF) or any other electronic format, if any, that the court by local rule designates. A paper presented for filing in a format other than portable document format shall be converted to portable document format and maintained by the prothonotary in that format.
Official Note: Rule 239.9(b)(2) requires that subdivision (b)(1) of Local Rule 205.4 specify the electronic format for presenting legal papers for filing.
(2) A legal paper filed electronically shall be deemed the original document.
(3) The electronic filing of a legal paper constitutes a certification
(i) by the filing party that a hard copy of the legal paper was properly signed and, where applicable, verified, and
(ii) as provided by Rule 1023.1(c) governing the signature to a legal paper, the violation of which shall be subject to the sanction provision of Rule 1023.1(d).
(4) Any other party at any time may serve upon the filing party a notice to produce for inspection the signed hard copy within fourteen days of the service of the notice. The court upon motion may grant appropriate sanctions for failure to produce the signed hard copy pursuant to the notice.
(5) The filing party shall maintain the signed hard copy of the document filed for two years after the later of
(i) the disposition of the case;
(ii) the entry of an order resolving the issue raised by the legal paper; or
(iii) the disposition by an appellate court of the issue raised by the legal paper.
(c)(1) The prothonotary when authorized to accept filings by electronic transmission shall provide electronic access at all times. [The time and date of filing and receipt shall be that registered by the prothonotary's computer system.]
(2) The prothonotary may designate a website for the electronic filing of legal papers. Access to the website shall be available by the attorney identification number issued by the Court Administrator of Pennsylvania [or an identification number issued by the website administrator]. The court by local rule shall designate the manner of access to the website for a filing party who is not an attorney.
Official Note: Rule 239.9(b)(3) requires that subdivision (c)(2) of Local Rule 205.4 specify the manner of access to the website by a filing party who is not an attorney.
(3) The time and date of filing submission and receipt of the legal paper to be filed electronically shall be that registered by the prothonotary's computer system. The prothonotary shall provide, through the electronic filing system's website, an acknowledgement that the legal paper has been received, including the date and time of receipt, in a form which can be printed for retention by the filing party.
(d) A filing party shall pay the cost of the electronic filing of a legal paper by [depositing with the prothonotary, in advance, sufficient funds or by authorizing payment by credit or debit card.]
(1) approved credit or debit card, or
(2) advance deposit of sufficient funds with the prothonotary if the court by local rule so provides, or
(3) cash or check when presenting the paper for filing in person at the office of the prothonotary.
(e)(1) A filing party shall be responsible for
(i) any delay, disruption, interruption of the electronic signals and [readability] legibility of the document electronically filed, except when caused by the failure of the electronic filing system's website. The court upon motion shall [to] resolve any dispute concerning an alleged failure of the electronic filing system's website, and
(ii) the maintenance of sufficient funds deposited with the prothonotary or of a credit or debit account to cover the cost of electronic filing if pursuant to subdivision (d)(2) a court by local rule has provided for that method of payment.
(2) The filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the prothonotary.
(f) When electronic filing is permitted as set forth in subdivision [(b)] (a)(1), the court by local rule shall provide for
* * * * * (5) such other procedures and matters necessary to the operation of a system of electronic filing.
Official Note: Rule 239.9(b)(6) provides that subdivision (f) of Local Rule 205.4 must set forth the practice and procedure with respect to the matters required by subdivision (f) of this rule.
(g)(1) Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served
[(1)] (i) as provided by Rule 440 or
[(2)] (ii) by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. [Service is complete when the legal paper is sent.] A paper served electronically is subject to the certifications set forth in subdivision (b) [(1)] (3).
(2) Service by electronic transmission is complete when a legal paper is sent
(i) to the recipient's electronic mail address, or
(ii) to an electronic filing system website and an e-mail message is sent to the recipient by the electronic filing system that the legal paper has been filed and is available for review on the system's website.
Official Note: Upon the electronic filing of a legal paper other than original process, the electronic filing system may automatically send notice of the filing to all parties who have agreed to service by electronic transmission or whose email address is included on an appearance or prior legal paper filed in connection with the action. If the electronic filing system sends notice of such filing, the party filing the legal paper only need serve those parties who are not served by the electronic filing system.
An electronic mail address set forth on letterhead is not a sufficient basis under this rule to permit electronic service of legal papers.
* * * * * Rule 239.9. Electronic Filing. Local Rule 205.4.
(a) If a court permits or requires the electronic filing of legal papers with the prothonotary, the court must promulgate a local rule designated Local Rule 205.4 which sets forth in detail the practice and procedure to file a legal paper electronically and includes the matters set forth in this rule.
(b) Local Rule 205.4 shall include the following subdivisions as required by Pa.R.C.P. 205.4:
(1) subdivision (a)(1) stating whether the electronic filing system is permissive or mandatory and specifying the actions and proceedings and the legal papers subject to the rule,
(2) subdivision (b)(1) setting forth one or more formats in which legal papers shall be submitted to the prothonotary for filing. The formats shall include portable document format (Adobe PDF) and such other electronic format, if any, that the court may designate,
(3) subdivision (c)(2) providing a method of access to the electronic filing website for persons who are not attorneys,
(4) subdivision (d)(1) listing the credit and debit cards approved by the court or the prothonotary,
(5) subdivision (d)(2) stating whether, in addition to the payment of the cost of the electronic filling a legal paper by cash, check or credit or debit card, the filing fee also may be paid by depositing, in advance, sufficient funds with the prothonotary, and
(6) subdivision (f) providing the practice and procedure to govern the matters provided for in Rule 205.4(f).
(c) Local Rule 205.4 may contain such additional subdivisions as the court deems necessary to provide a full and complete description of the electronic filing system.
(d) Local Rule 205.4 shall be promulgated in accordance with the provisions of Rule 239.8(b) through (d).
CHAPTER 2950. CONFESSION OF JUDGMENT FOR MONEY Rule 2951. Methods of Proceeding.
(a)(1) Upon filing of the documents required by subparagraph (2), the prothonotary shall enter judgment by confession on a note, bond or other instrument confessing judgment or authorizing confession by an attorney at law or other person against the person who executed it in favor of the original holder or, unless expressly forbidden in the instrument, in favor of the assignee or other transferee, without the agency of an attorney and without the filing of a complaint, for the amount which may appear to be due from the instrument. The judgment may include interest computable from the instrument.
(2) The documents to be filed in support of the entry of judgement are
* * * * * (iii) a certificate of residence of the plaintiff and of the defendant.
Official Note: Section 2737(3) of the Judicial Code provides that the prothonotary shall have the power and the duty to ''enter all civil judgments, including judgments by confession.''
* * * * * For collection of attorneys' fees under such a judgment see Rule 2957. If an instrument authorizes confession for a penal sum judgment may be entered in that amount.
If a judgment by confession on an instrument is to be entered in a judicial district which has implemented electronic filing, an electronic copy of the instrument should be filed in support thereof. Should an issue arise concerning the instrument, any party at any time may request the production of the original instrument for inspection pursuant to Pa.R.C.P. 205.4(b)(4).
* * * * * Rule 2952. Complaint. Contents.
(a) The complaint shall contain the following:
* * * * * (2) the original or a photostatic copy of like reproduction of the instrument showing the defendant's signature; if the original is not attached, an averment that the copy attached is a true and correct reproduction of the original; if neither the original nor a reproduction can be attached, an explanation why they are not available;
Official Note: If the original instrument is not attached to the complaint, a method of securing inspection thereof is provided by Discovery Rule [4009] 4009.1 et. seq.
If the complaint is to be filed in a judicial district which has implemented electronic filing, an electronic copy of the instrument should be attached to the complaint. Should an issue arise concerning the instrument, any party at any time may request the production of the original instrument for inspection pursuant to Pa.R.C.P. 205.4(b)(4).
* * * * *
Explanatory Comment The Civil Procedural Rules Committee is proposing that Rule 205.4 governing electronic filing of legal papers be amended to give greater flexibility to the courts of common pleas in creating a program of electronic filing. In addition, proposed new Rule 239.9 mandates that any court which by local rule permits or requires electronic filing adopt Local Rule 205.4 which fully explains the program.
The highlights of Rule 205.4 are as follows:
1. New subdivision (a)(1) provides that a court by local rule ''may permit or require electronic filing of legal papers with the prothonotary . . . '' The note advises that the rule does not require that the court implement electronic filing; this is left to the discretion of the court.
The court must determine whether electronic filing shall be permissive or mandatory and the scope of electronic filing ''with respect to the actions and proceedings and the legal papers subject to the rule.'' These matters must be set forth in Local Rule 205.4 to be promulgated by the court.
Although the family law actions of protection from abuse, support, custody of children and divorce are currently governed by the rules of civil procedure, it is not the intention of this recommendation that these actions be included within the scope of this rule. This will be a matter for consideration by the Domestic Relations Procedural Rules Committee.
Present subdivision (a) of the rule excludes from electronic filing (1) original process and (2) notices of appeal from awards in compulsory arbitration and judgments of magisterial district courts. There appears to be no reason to retain these exclusions as a matter of statewide practice and they have been deleted from the rule. However, the court is given discretion under new subdivision (a)(1) to determine the scope of the rule with respect to legal papers which may be filed electronically.
2. The definition of ''legal papers'' is currently the subject of subdivision (a). It is proposed that the current subdivision be designated subdivision (a)(2) and that it be revised in two respects. First, the term specifically includes ''exhibits and attachments.'' Second, with the deletion of the two exceptions noted above, ''legal paper'' encompasses all documents to be filed in an action or proceeding. However, the court by local rule may limit what legal papers may be filed electronically.
3. Subdivision (b) is revised as to both substance and structure. Present subdivision (b)(1) has been transferred to subdivision (a) as paragraph (1). As set forth in the recommendation, the remaining text of present subdivision (b) is deleted and replaced.
4. New subdivision (b)(1) mentions only one electronic format by name, Adobe PDF, and allows the court by local rule to specify other formats, whether as alternatives to or in place of Adobe PDF. However, the rule recognizes portable document format as the standard by providing that legal papers presented for filing in other electronic formats must be ''converted to portable document format and maintained by the prothonotary in that format.''
5. New subdivision (b)(2) proposes that the electronic copy of a legal paper filed with the prothonotary be deemed the original. The legal paper signed by the party is described as the ''hard copy'' under subdivision (b)(3) and the ''signed hard copy'' under subdivision (b)(4).
Usually, the original instrument is filed with the prothonotary when seeking a judgment by confession under Rules 2951 and 2952. The note to both rules is revised to accommodate electronic filing since the ''original instrument,'' i.e. the signed hard copy, probably will not be filed.
6. Present Rule 205.4(b)(2)(ii) is concerned with those occasions when it is necessary to see the signed hard copy of a document and provides for service upon the filing party of a notice to file the original hard copy with the prothonotary. This subdivision is replaced by new subdivision (b)(4) which provides for service upon the filing party of a motion to produce the signed hard copy for inspection.
7. New subdivision (b)(5) continues the requirement of the present rule that the filing party retain possession of the hard copy of the document filed. The new subdivision is modeled on Supreme Court Orphans' Court Rule 3.7(c)(3) but adopts a two-year period following specified events for maintaining the legal document rather than the five-year period of the Orphans' Court rule.
8. Revised subdivision (c)(2) provides that access to a website by an attorney shall be by the attorney's identification number issued by the Court Administrator of Pennsylvania. However, the local court shall ''designate the manner of access to the website for a filing party who is not an attorney.''
9. New subdivision (c)(3) requires the prothonotary to provide an acknowledgement that a legal paper presented for filing has been received. This notice is in addition to the filing status notice under subdivision (f)(1).
10. Subdivision (d) as revised provides for three methods of payment of the filing fee for a legal paper filed electronically. A filing party may pay by an approved debit or credit card or by funds deposited with the prothonotary if the court has authorized that mode of payment. A filing party who appears in person at the prothonotary's office may pay also by cash or check.
11. Revised subdivision (e) continues to provide that the filing party is responsible for problems encountered with the electronic transmission of a legal paper being presented for filing. However, an exception has been added when the problems are ''caused by the failure of the electronic filing system's website.''
12. Subdivision (g) continues to provide that if a legal paper is sent electronically directly to another party, service is complete when the paper is sent. However, if the electronic filing system provides notice of the filing to the other party, service is complete when such notice is given by the system. The note advises that if the notice provided by the system advises the other party that the legal paper is available on the website, there is no need for the filing party to send a separate electronic copy to such other party.
By the Civil Procedural Rules Committee
R. STANTON WETTICK, Jr.,
Chair
[Pa.B. Doc. No. 06-2503. Filed for public inspection December 22, 2006, 9:00 a.m.]
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