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PA Bulletin, Doc. No. 21-1310




Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers; No. 3 of 2021

[51 Pa.B. 5195]
[Saturday, August 21, 2021]

Order of Court

And Now, this 4th day of August, 2021, It Is Hereby Ordered that Westmoreland County Rule of Criminal Procedure WC576.1 is hereby adopted and shall become effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule WC576.1. Electronic Filing and Service of Legal Papers.

 (A) 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 Westmoreland County, the Tenth Judicial District. The Administrative Office of Pennsylvania Courts has agreed upon an implementation plan for the use of PACFile in the Tenth Judicial District as of September 13, 2021.

 (B) Legal Papers Defined. The legal papers which shall be filed electronically shall encompass 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 a search warrant;

 2. Applications for an arrest warrant;

 3. Any grand jury materials; except the indicting grand jury indictment or the investigating grant jury presentment;

 4. Submissions filed ex parte as authorized by law;

 5. Submissions filed or authorized to be filed under seal;

 6. Exhibits offered into evidence, whether or not admitted, in a court proceeding; and

 7. Wiretap Act, cell phone, tracker and Internet petitions.

 General rules of court and court policies that implement the rules shall continue to apply to all filings regardless of the method of filing.

 (C) Any party who declines to electronically file, or who is unable to electronically file or accept service of electronically filed legal papers, or who is otherwise unable to access the system, shall be entitled to file legal papers in a physical paper format and be served electronically filed legal papers in a physical format.

 (D) Filing fees. Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount required by statute, court rule or order, or published fee schedule.

 (E) Confidential information. Counsel and unrepresented parties shall adhere to the Public Access Police of the Unified Judicial System and refrain from including confidential information in legal papers filed with the Clerk of Courts, whether filed electronically or as a paper document.

[Pa.B. Doc. No. 21-1310. Filed for public inspection August 20, 2021, 9:00 a.m.]

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