THE COURTS
Title 255—LOCAL COURT RULES
BRADFORD COUNTY
Local Rules Governing Electronic Filing in Criminal and Juvenile Matters; No. 2019IR0009
[53 Pa.B. 5276]
[Saturday, August 26, 2023]
Order And Now, this 8th day of August, 2023, it is hereby Ordered and Decreed that Bradford County Court of Common Pleas adopts Local Rule of Criminal Procedure 576.1 Electronic Filing and Service of Papers, Local Rule of Juvenile Court Procedure—Delinquency Matters 205 and Local Rule of Juvenile Court Procedure—Dependency Matters 1205 governing electronic filing in criminal cases, juvenile delinquency and dependency cases respectively for the 42nd Judicial District as set forth hereafter and shall be effective September 18, 2023.
The Bradford County District Court Administrator is Ordered and Directed to do the following:
1) File one (1) copy of the local rules with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.
2) Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3) Publish the local rules on the court's website after publication in the Pennsylvania Bulletin.
4) Forward one (1) paper copy and/or (1) electronic copy in a Microsoft Word format for the publication Bradford County Law Journal.
5) File one copy of the local rules in the appropriate filing offices for public inspection and copying.
6) The effective date of the local rule shall be September 18, 2023 or 30 days after publication in the Pennsylvania Bulletin whichever occurs first.
By the Court
MAUREEN T. BEIRNE,
President JudgeBradford County Local Rule of Criminal Procedure
Local Rule 576.1. Electronic Filing and Service of Legal Papers.
(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 Bradford County, the 42nd Judicial District, as of September 18, 2023. The Administrative Office of Pennsylvania Courts and the judicial district of Bradford County have agreed upon an implementation plan for PACFile in Bradford 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.
(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) Any party who declines to participate in the 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 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'' which may be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, copies of 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;
(e) submissions filed or authorized to be filed under seal; and
(f) exhibits offered into evidence, whether or not admitted, in a court proceeding.
(2) Third party filing of amicus briefs or other third party filings shall not be permitted to be filed electronically.
(3) The applicable 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.
(4) Any legal paper submitted for filing to the Clerk of Courts in a paper ('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 electronically through procedures established by the appellate courts and the Administrative Office of Pennsylvania Courts, and at the same time and in the same amount as required by statute, Court rule or order. In addition to the filing fees now applicable, an online payment convenience fee for use of the PACFile system shall be imposed. See 204 Pa. Code § 207.3.
(E) Record on Appeal
Electronically filed legal papers, and copies of legal papers filed in a paper format as provided in subsection (C)(4), 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.
Bradford County Local Rule of Juvenile Court Procedure—Delinquency Matters
Rule 205. Electronic Filing and Service of Legal Papers.
(A) General Scope and Purpose of the Rule
Pursuant to Pennsylvania Rule of Juvenile Court Procedure 205, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Bradford County, the 42nd Judicial District, as of September 18, 2023. The Administrative Office of Pennsylvania Courts and the judicial district of Bradford County have agreed upon an implementation plan for PACFile in Bradford 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.
(2) Pursuant to Pa.R.J.C.P. 205(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) Any party who declines to participate in the 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 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.J.C.P. 205.
(C) Legal Papers
(1) ''Legal papers'' which may be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, copies of exhibits and attachments, but excluding:
(a) applications for search warrants;
(b) applications for arrest warrants;
(c) submissions filed or authorized to be filed under seal;
(d) exhibits offered into evidence, whether or not admitted, in a court proceeding; and
(e) submissions filed ex parte as authorized by law.
(2) The applicable 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 paper ('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.J.C.P. 205(C) and this rule.
(D) Filing Fees
Applicable filing fees shall be paid electronically through procedures established by the appellate courts and the Administrative Office of Pennsylvania Courts, and at the same time and in the same amount as required by statute, Court rule or order. In addition to the filing fees now applicable, an online payment convenience fee for use of the PACFile system shall be imposed. See 204 Pa. Code § 207.3.
(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.
Bradford County Local Rule of Juvenile Court Procedure—Dependency Matters
Rule 1205. Electronic Filing and Service of Legal Papers.
(A) General Scope and Purpose of the Rule
Pursuant to Pennsylvania Rule of Juvenile Procedure 1205, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Bradford County, the 42nd Judicial District, as of September 18, 2023. The Administrative Office of Pennsylvania Courts and the judicial district of Bradford County have agreed upon an implementation plan for PACFile in Bradford 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.
(2) Pursuant to Pa.R.J.C.P. 1205(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) Any party who declines to participate in the 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 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.J.C.P. 1205.
(C) Legal Papers
(1) ''Legal papers'' which may be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, copies of exhibits and attachments, but excluding:
(a) submissions filed or authorized to be filed under seal.
(b) exhibits offered into evidence, whether or not admitted, in a court proceeding.
(c) Submissions filed ex parte as authorized by law.
(2) The applicable 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 paper ('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.J.C.P. 1205(C) and this rule.
(D) Filing Fees
Applicable filing fees shall be paid electronically through procedures established by the appellate courts and the Administrative Office of Pennsylvania Courts, and at the same time and in the same amount as required by statute, court rule or order. In addition to the filing fees now applicable, an online payment convenience fee for use of the PACFile system shall be imposed. See 204 Pa. Code § 207.3.
(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. 23-1144. Filed for public inspection August 25, 2023, 9:00 a.m.]
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