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PA Bulletin, Doc. No. 21-1157

THE COURTS

Title 255—LOCAL COURT RULES

LEBANON COUNTY

Rules of Criminal Procedure; Administrative Order No. 2 of 2021; Doc. No. 2021-00021

[51 Pa.B. 3965]
[Saturday, July 24, 2021]

Order of Court

 And Now, this 9th day of July, 2021, in compliance with Rule 576.1 of the Pennsylvania Rules of Criminal Procedure, it is Hereby Ordered that the Court adopts the following Rule of Criminal Procedure Rule 112 regarding Electronic Filing and Service of Legal Papers which becomes effective July 19, 2021.

 The District Court Administrator is Hereby Ordered to:

 1. File one certified copy of this Order with the Administrative Office of Pennsylvania Courts to adminrules@pacourts.us;

 2. Submit two paper copies of this Order to the Legislative Reference Bureau and one electronic copy in Microsoft Word format only to bulletin@palrb.us for publication in the Pennsylvania Bulletin;

 3. Provide one copy of this Order to the members of the Lebanon County Bar Association;

 4. Incorporate the Rule into the set of Local Rules within thirty (30) days of publication of the Local Rule in the Pennsylvania Bulletin and publish the rules on the Court's website at www.lebcounty.org.

 5. File this Order in the Prothonotary's Office of Lebanon County.

Rule of Criminal Procedure 576.1. Electronic Filing and Service of Legal Papers.

 A. Pursuant to Pa.R.Crim.P. 576.1, the Administrative Office of Pennsylvania Courts and the 52nd Judicial District have agreed upon an implementation plan for electronic filing of criminal legal papers through the statewide system known as PACFile.

 B. All parties are authorized to electronically file legal papers through PACFile with the Clerk of Courts in cases in the Lebanon County Court of Common Pleas, 52nd Judicial District.

 C. Any party may, but is not required to, utilize PACFile for any document except the following:

 1. applications for search warrants,

 2. applications for arrest warrants,

 3. any 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. Any party who is unable or declines to participate in PACFile may file legal papers in a physical paper format with the clerk of courts, and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties to the case. However, pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account shall constitute consent to participate in electronic filing, including acceptance of service electronically of any document filed in PACFile.

 E. Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACFile, pursuant to Pa.R.Crim.P. 576.

 F. The Clerk of Courts is authorized to maintain electronic files only, without a corresponding physical paper file. Legal papers that are not permitted to be electronically filed pursuant to paragraph (C) shall be maintained in a physical paper format only.

By the Court

JOHN C. TYLWALK, 
President Judge

[Pa.B. Doc. No. 21-1157. Filed for public inspection July 23, 2021, 9:00 a.m.]


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