Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 21-1456

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[51 Pa.B. 5599]
[Saturday, September 4, 2021]

Order

 And Now, this 4th day of August, 2021, Dauphin County Local Rule of Criminal Procedure 576.1 is amended as follows:

Rule 576.1. Electronic Filing in Criminal Dockets.

 A. The Dauphin County Clerk of Courts Office and the Administrative Office of Pennsylvania Courts (AOPC) agreed upon an implementation plan for PACFile in Dauphin County for certain criminal filings. Legal papers [may] shall be filed electronically using the PACFile electronic filing system pursuant to Pa.R.Crim.P. 576.1. Electronic filing is [permissive and not] mandatory.

 B. Legal Papers Defined. ''legal papers'' shall include 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 search warrants;

 (2) Applications for arrest warrants;

 (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.

 (6) Notice of Appeals.

 (7) Any matter requiring the assignment of a Miscellaneous Docket (MD) number including but not limited to expungements filed pursuant to Pa.R.Crim.P. 490 or petitions for modification of bail in matters still pending in the Magisterial District Judge Court.

 (8) Initial filings for Summary Appeals (SA).

 C. Attorneys or self-represented parties who file legal papers electronically must establish a PACFile account using the Unified Judicial System of Pennsylvania Web Portal. Pursuant to Pennsylvania Rule 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.

 D. Applicable filing fees for the electronically filed legal papers shall be paid electronically to the Clerk of Courts simultaneously with the filing.

 E. A party who was granted In Forma Pauperis status shall not pay filing fees to the Clerk of Courts.

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

 G. The Clerk of Courts Office shall convert legal papers in paper format to an electronic PDF or PDF-A version except for those listed in Rule 576.1(B). Once converted to PDF or PDF-A, the PDF or PDF-A version shall be deemed to be the original legal paper and shall be used as such for all purposes. The Clerk of Courts or the Court is not required to maintain a hard copy of any legal paper filed electronically.

 H. 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 an account as provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specifically, the following offices must be served in accordance with Rule 576: Sheriff, Probation Services, Court Reporter, and Court Administration. This applies to the service of court orders and notices. Distribution to those parties not automatically served via PACFile with a court order or notice must be filed with the Clerk of Courts office with a complete distribution legend listing the names and addresses of all parties required to be served with a paper copy.

 The previously listed amendments shall be published in the Pennsylvania Bulletin and will become effective thirty (30) days from the date of publication.

By the Court

JOHN F. CHERRY, 
President Judge

[Pa.B. Doc. No. 21-1456. Filed for public inspection September 3, 2021, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.