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PA Bulletin, Doc. No. 06-602

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CHS. 200 AND 1000]

Technical Amendments to Rules 205.4, 206.5 and 1038.2; No. 453 Civil Procedural Rules; Doc. No. 5

[36 Pa.B. 1745]

Order

Per Curiam:

   And Now, this 27th day of March, 2006, Pennsylvania Rules of Civil Procedure 205.4, 206.5 and 1038.2 are amended to read as follows.

   Whereas prior distribution and publication of these amendments would otherwise be required, it has been determined that the amendments are of a perfunctory nature and that immediate promulgation is required in the interests of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

   Madame Justice Baldwin did not participate in the promulgation of these amendments.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 205.4. Electronic Filing and Service of Legal Papers.

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   (b)  A party may file a legal paper with the prothonotary by means of electronic filing if electronic filing is permitted by general rule, rule of court or special order of court. The filing shall be in the format of Adobe PDF, WordPerfect for Windows or Microsoft Word for Windows. Except as otherwise provided by law, a legal paper filed electronically shall be deemed the equivalent of the original document.

   (1)  The electronic filing of a legal paper constitutes

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   (ii)  a certification as provided by the signature to a legal paper under Rule [1023(b)] 1023.1(c), the violation of which shall be subject to the sanction provision of Rule [1023(c)] 1023.1(d).

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Explanatory Comment--1999
(Revised March 2006)

   Rule 205.4 governing electronic filing and service of legal papers is a [temporary rule and is intended as a further] step in the process of introducing the concept of electronic documents into a system accustomed solely to paper documents. [It is anticipated that changes in the procedural rules will be needed as technology progresses and the actual experiences of those counties which utilize this rule demonstrate the need for modifications. For that reason, a termination date of December 31, 2001 has been set for this rule.] The purpose of the rule is not to provide a comprehensive manual but, rather, a framework upon which a local court can proceed with the electronic filing and service of legal documents while allowing the flexibility to adapt the process on the basis of actual experience.

   [The purpose of the rule is not to provide a comprehensive manual but, rather, a framework upon which a local court can proceed with the electronic filing and service of legal documents while allowing the flexibility to adapt the process on the basis of actual experience.]

   The rule addresses several aspects of electronic filing. It provides definitions of key terms, contains a description of the form, content and handling of documents, and an enumeration of the responsibilities of the prothonotary and the parties. The rule concludes with the procedure for electronic service of legal papers.

   Subdivision (a)(2) is the definitional provision. The subject of the rule, ''electronic filing'', is defined as the electronic transmission of legal papers but the term excludes facsimile transmission which is governed by Rule 205.3.

   Most importantly, the term ''legal paper'' is defined as excluding original process unless the court by local rule provides otherwise. For the purposes of this temporary rule, the local court is in a better position to make the determination of whether to include original process based upon a knowledge of the court's technological capabilities.

   Subdivision (b) is concerned with the form and content of the legal papers themselves. Three computer formats are explicitly designated for legal papers which are filed electronically. Adobe PDF was chosen because it is becoming a nationally recognized standard format and has a great deal of flexibility in terms of its ability to include other media beside the printed word. WordPerfect for Windows and Microsoft Word for Windows are included as they are the two most commonly used word-processor software packages.

   Regarding legal papers themselves, Rule 205.4(b)(1) provides that the electronic filing of a legal paper constitutes the same certification as a signature on a traditionally filed legal paper under Rule [1023] 1023.1.

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Rule 206.5. Rule to Show Cause. Discretionary Issuance. Stay. Form of Order.

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   (c)  If the petition is within the scope of [subdivision (a)] Rule 206.1(a), is properly pleaded, and states prima facie grounds for relief, the court shall enter an order issuing a rule to show cause and may grant a stay of proceedings.

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CHAPTER 1000. ACTIONS

Subchapter A. CIVIL ACTION

JUDGMENT UPON DEFAULT OR ADMISSION

Rule 1038.2. Abolition of Case Stated.

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Explanatory Comment

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   New Rule 1038.2 abolishes the case stated, a device which has been described as ''a misunderstood procedure'' and ''a trap for the unwary.'' The abolition eliminates confusion as ''parties often call something a 'case stated' when they really mean a stipulation.''2

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Explanatory Comment

   The Supreme Court of Pennsylvania has promulgated technical amendments to the following three rules of civil procedure. These amendments do not affect practice or procedure.

I.  Rule 205.4

   Rule 205.4(b)(1)(ii) contained obsolete references to Rule 1023 rescinded in 2002. The rule has been amended to cross-refer to the successor rule, Rule 1023.1. The 1999 Explanatory Comment to the rule is amended to reflect this change and also to delete the obsolete description of the rule as ''temporary.''

II.  Rule 206.5

   Rule 206.5(c) contained an obsolete reference to rescinded ''subdivision (a).'' The rule has been amended to cross-refer to ''Rule 206.1(a)'' promulgated in 2003.

III.  Rule 1038.2

   Footnote 2 to the Explanatory Comment to rule 1038.2 contains a reference to the McCarron case. The year of the decision in the footnote, 1990, was erroneous and has been corrected to read ''1991.''

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

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2 See the concurring opinion in McCarron v. Upper Gwynedd Township et al., 139 Pa. Cmwlth. Ct. 528, 591 A.2d 1151, 1159 [(1990)] (1991).

[Pa.B. Doc. No. 06-602. Filed for public inspection April 14, 2006, 9:00 a.m.]



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