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PA Bulletin, Doc. No. 20-206

THE COURTS

Title 255—LOCAL COURT RULES

WARREN AND FOREST COUNTIES

Local Rule of Criminal Procedure 576.1 Electronic Filing and Service of Legal Papers; No. 8 of 2020

[50 Pa.B. 914]
[Saturday, February 15, 2020]

Order

 And Now, this 27th day of January, 2020, it is hereby Ordered effective 30 days after publication in the PA Bulletin, the 37th Judicial District of the Court of Common Pleas adopts the following Local Rule 576.1 governing Electronic Filing and Service of Legal Papers.

 The 37th Judicial District Court Administrator is hereby Ordered to do the following:

 1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2. File two (2) copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish these rules on the Warren-Forest County Court website, www.warrenforestcourt.org.

 4. File one (1) copy of the Local Rule in the appropriate filing office for public inspection and copying.

By the Court

MAUREEN A. SKERDA, 
President Judge

Rule Crim.P. L576.1. Electronic Filing and Service of Legal Papers.

 A. 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 shall be permitted for Forest and Warren County with the retroactive effective date of July 20, 2016 and Warren County effective January 13, 2020. The 37th Judicial District and AOPC have agreed to an implementation plan for use of the PACfile electronic filing system.

 B. The electronic filing of motions and other legal papers is authorized as specifically provided in this rule. Parties shall electronically file documents using the PACFile electronic filing system developed by the Administrative Office of the Pennsylvania Courts and located on the Pennsylvania Unified Judicial System Web Portal at https://ujsportal.pacourts.us/. The application of general rules of court and court policies that implement the rules shall continue to apply regardless of the method of filing.

 C. Legal Papers Defined. The ''legal papers'' which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, except for the following:

 1. Applications for a search warrant,

 2. Application for an arrest warrant,

 3. Grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment,

 4. Submissions filed ex parte as authorized by law and,

 5. Submissions filed or authorized to be filed under seal.

 D. Attorneys or self-represented parties who file legal papers electronically must establish a PACFile account using the Unified Judicial System of the Pennsylvania Web Portal. Pursuant to Pennsylvania Rules of Criminal Procedure 576.1(D)(2), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

 E. Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount required by statute, court rule or order, or established by a published fee schedule unless a party is granted In Forma Pauperis status.

 F. All filings shall comply with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 G. Service of Legal Papers.

 a. Attorneys or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.

 b. Service of legal papers on any attorney or party who has not established a UJS portal account or who is unable to file or receive legal papers electronically or otherwise to access the system shall be made by the procedures provided under Rule 114(B) and 576(B).

[Pa.B. Doc. No. 20-206. Filed for public inspection February 14, 2020, 9:00 a.m.]


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