§ 89.3. Filings generally.
(a) General rule. The filing of pleadings, briefs and other documents in connection with a formal proceeding under these rules shall be as follows:
(1) Except as otherwise requested by the Board Prothonotary, at the time any pleading or other document is filed in a formal proceeding that is not at the time in the hands of a hearing committee or special master, there shall be furnished to the Board Prothonotary an original and one conformed copy thereof, including all exhibits, if any.
(2) Except as otherwise provided by these rules in the case of briefs, at the time any document is filed in a formal proceeding that is at the time in the hands of a hearing committee, there shall be furnished to the hearing committee an original and three conformed copies thereof, including all exhibits, if any, and one conformed copy with exhibits, if any, shall be filed with the Board Prothonotary.
(3) Except as otherwise provided by these rules in the case of briefs, at the time any document is filed in a formal proceeding that is at the time in the hands of a special master, there shall be furnished to the special master an original and one conformed copy thereof, including all exhibits, if any, and one conformed copy with exhibits, if any, shall be filed with the Board Prothonotary.
(4) Notwithstanding paragraphs (2) and (3), it shall not be necessary to file with the Board Prothonotary a copy of any prepared testimony or documentary exhibits submitted in connection with a hearing.
(5) Briefs shall be filed in accordance with § 89.164 (relating to filing and service of briefs).
(b) Timely filing required. Pleadings, briefs or other documents in formal proceedings required or permitted to be filed under these rules must be received for filing by the Board Prothonotary within the time limits, if any, for such filing. The date of receipt by the Board Prothonotary and not the date of deposit in the mail is determinative.
(c) Copies furnished to hearing committee members. Where copies of pleadings, briefs or other documents are furnished to members of a hearing committee, each member shall retain possession of one complete set of papers and, following conclusion of the work of the committee with respect to a particular proceeding, each such member shall independently permanently destroy the set of papers or coordinate with the Executive Office.
(d) Papers of special masters. Following conclusion of his or her work with respect to a particular proceeding, a special master shall permanently destroy the set of papers or coordinate with the Executive Office.
Source The provisions of this § 89.3 amended January 26, 1990, effective January 27, 1990, 20 Pa.B. 343; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552; amended October 29, 2020, effective in 30 days from date of publication, 51 Pa.B. 781. Immediately preceding text appears at serial pages (402442) to (402443).
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