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PA Bulletin, Doc. No. 21-560




Amendment of Local Rules of Criminal Procedure 576 and 576.1; CP-67-AD-9-2021

[51 Pa.B. 1986]
[Saturday, April 10, 2021]

Administrative Order Amending York County Local Rules of Criminal Procedure 576 and 576.1

And Now, this 26 day of March, 2021, it is Ordered that York County Local Rules of Criminal Procedure 576 and 576.1 are amended, effective June 1, 2021.

 The District Court Administrator shall publish this order as may be required.

By the Court

President Judge

York R.Crim.P. 576. Filing and Service by Parties.

 (A) Parties shall satisfy the requirements of Pa.R.Crim.P. 576(B) to serve copies of filings upon the court administrator by delivering the court administrator's copy to the clerk of courts, concurrent with filing of the original with the clerk of courts. The clerk of courts shall promptly place the copy into the court administrator's drop box. No other copies of any filing subject to Pa.R.Crim.P. 576 shall be delivered to the court administrator by any party by any other means.

 (B) No party shall file or submit for consideration by a judge any application or other document by facsimile or by electronic mail without prior leave of court, except however that in addition to PACFile, the clerk of courts is authorized to establish a formal e-filing system for the court for any filing that is not prohibited by Pa.R.Crim.P. 576.1(C) but for which PACFile does not have the technical capability to process.

York R.Crim.P. 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 19th Judicial District have agreed upon an implementation plan for electronic filing through the statewide system known as PACFile.

 (B) All parties are [authorized] required to electronically file legal papers through PACFile with the clerk of courts in cases in the York County Court of Common Pleas, 19th Judicial District for any filing that is not prohibited by Pa.R.Crim.P. 576.1(C) and for which PACFile has the technical capability to process.

 (C) [Any party may, but is not required to,] No party may utilize PACFile for any [document except the following] of the following documents:

 (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[,];

 (5) submissions filed or authorized to be filed under seal[,]; and

 (6) [documents that initiate creation of a new case] exhibits offered into evidence, whether or not admitted in a court proceeding.

 (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] cannot utilize PACFile, pursuant to Pa.R.Crim.P. 576. When utilizing PACFile, parties shall not be required to serve the court administrator.

[Pa.B. Doc. No. 21-560. Filed for public inspection April 9, 2021, 9:00 a.m.]

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