THE COURTS
Title 255—LOCAL COURT RULES
CARBON COUNTY
PACFile Electronic Filing System Established for Clerk of Courts pursuant to Pa.R.Crim.P. 576.1; No. CP-13-AD-0000003-2019
[49 Pa.B. 3729]
[Saturday, July 20, 2019]
Administrative Order No. 7-2019 And Now, this 28th day of June 2019, pursuant to Pa.R.Crim.P. 576.1, it is hereby Ordered and Decreed that, effective July 15th, 2019, Carbon County R.Crim.P. 576.1 is promulgated to authorize use of the PACFile system in the Clerk of Courts office.
The Carbon County District Court Administrator is Ordered and Directed to:
1. File two paper copies and one electronic copy in Microsoft Word format with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
2. File one copy of this Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.
3. Publish a copy of the Local Rule on the website of the Carbon County Court of Common Pleas.
4. Incorporate the Local Rule in the complete set of Local Rules no later than 30 days following publication in the Pennsylvania Bulletin.
5. Forward one copy for publication in the Carbon County Law Journal.
6. Forward one copy to the Carbon County Law Library.
7. Keep copies of this order continuously available for public inspection and copying in the Clerk of Courts Office.
By the Court
ROGER N. NANOVIC,
President JudgeRule 576.1. Electronic Filing and Service of Legal Papers—Local Rule.
(A) General Scope and Purpose of the Rule
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Carbon County, the 56th Judicial District, as of July 15th, 2019. The Administrative Office of Pennsylvania Courts and the judicial district of Carbon County have agreed upon an implementation plan for PACFile in Carbon County.
(B) PACFile
(1) 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.
(2) Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.
(3) At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile 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 ('hard-copy') 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.
(C) Legal Papers
(1) ''Legal papers'' are pleadings or other submissions to the court, including motions, answers, notices, or other documents, of which filing is required or permitted, including orders, exhibits and attachments, but excluding:
(a) applications for search warrants;
(b) applications for arrest warrants;
(c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment;
(d) submissions filed ex parte as authorized by law; and
(e) submissions filed or authorized to be filed under seal.
(2) The applicable rules of criminal procedure, general rules of court, and court policies that implement the rules shall continue to apply to all filings of legal papers regardless of the method of filing.
(3) Any legal paper submitted for filing to the Clerk of Courts in a physical 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) and this rule.
(D) 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.
(E) Record on Appeal
Electronically filed legal papers, and copies of legal papers filed in a paper format as provided in subsection (C)(3), shall become the record on appeal.
(F) 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 Courts or the Court whether filed electronically or in a paper format.
[Pa.B. Doc. No. 19-1096. Filed for public inspection July 19, 2019, 9:00 a.m.]
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