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PA Bulletin, Doc. No. 21-2049

THE COURTSTHE COURTS

Title 231—RULES OF CIVIL PROCEDURE

PART II. ORPHANS' COURT RULES

[ 231 PA. CODE PART II ]

Order Amending Rule 1.99 of the Pennsylvania Rules of Orphans' Court Procedure; No. 892 Supreme Court Rules Doc.

[51 Pa.B. 7621]
[Saturday, December 11, 2021]

Order

Per Curiam

 And Now, this 1st day of December, 2021, upon the recommendation of the Orphans' Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1.99 of the Pennsylvania Rules of Orphans' Court Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective on January 1, 2022.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART II. ORPHAN'S COURT RULES

CHAPTER I. PRELIMINARY RULES

Rule 1.99. Confidential Information and Confidential Documents. Certification.

 Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a legal paper pursuant to these rules with the clerk shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form[, unless otherwise specified by rule or order of court,] or a Confidential Document Form, in accordance with the Policy.

 [Note] Comment: Applicable authority includes but is not limited to statute, procedural rule, or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) can be found on the website of the Supreme Court of Pennsylvania at [http://www.pacourts.us/public-records] https://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

 I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

 The Confidential Information Form and the Confidential Document Form can be found at [http://www.pacourts.us/public-records. In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order permitting the filing of a document in two versions, a ''Redacted Version'' and an ''Unredacted Version.''] https://www.pacourts.us/public-records.

ADOPTION REPORT

Amendment of Pa.R.O.C.P. 1.99

 On December 1, 2021, the Supreme Court amended Pennsylvania Rule of Orphans' Court Procedure 1.99 to conform with recent amendments to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (''Policy''). See Order of October 6, 2021, No. 556 Judicial Administration Docket. The Orphans' Court Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process as it relates to Pa.R.O.C.P. 1.99. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, Comment. The statements contained herein are those of the Committee, not the Court.

 The amendments to the Policy, effective on January 1, 2022, require the statewide use of the Confidential Information Form to safeguard confidential information and eliminate the ability of a court to adopt a rule or order permitting the filing of any document in two versions, redacted and unredacted. In response to this change to the Policy, Pa.R.O.C.P. 1.99 has been amended to remove the exception to the Rule requiring the attachment of a Confidential Information Form, if necessary. The Comment to Pa.R.O.C.P. 1.99 has been amended to delete the last sentence referencing Section 7.0(C) of the Policy, which previously referenced the ability of a court to adopt a rule or order permitting the filing of any document in two versions, redacted and unredacted.

[Pa.B. Doc. No. 21-2049. Filed for public inspection December 10, 2021, 9:00 a.m.]


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