Rule 4.7. Electronic Filing.
(a) Authorization for Electronic Filing. A court may permit or require electronic filing of legal paper. Any court that implements electronic filing shall establish procedures governing such filing by local rule, which shall not be inconsistent with the procedures set forth herein.
(b) Electronic Filing of Legal Paper.
(1) If implemented by court, a filing party may file a legal paper with the clerk by means of electronic filing.
(2) Any party may require the filing party to file the original of a legal paper or exhibit by filing a notice to file with the clerk and serving a copy of the notice upon the filing party. The filing party shall file the specified document with the clerk within 14 days after service of the notice. The court for any reason may direct any party to file the original of a legal paper or exhibit with the clerk within the time specified in the order. Upon disposition of the matter before the court, an original document may be returned to the party who filed it or retained by the court, as the court may determine.
(c) Signature, Verification and Retention of Legal Paper.
(1) The original legal paper shall be properly signed, and where required, verified.
(2) The electronic filing of a legal paper constitutes a certification by the filing party that the original document was signed, and where applicable, verified.
(3) Unless retained by the court, the filing party shall maintain the original of all documents so certified, together with any exhibits filed, for 5 years after the final disposition of the case.
(d) Website and Filing Date.
(1) The court shall designate a website for the electronic filing of legal paper. A user name and password shall be issued to authorized users.
(2) The court shall provide electronic filing access at all times. The time and date of the filing shall be that registered by the court’s computer system.
(3) The court shall provide, through its website, an acknowledgement from the clerk that the filing has been processed. Such acknowledgement shall include the date and time of filing in a form which can be printed for retention by the filing party.
(e) Delay in Filing. A filing party shall be responsible for any delay, disruption, or interruption of electronic transmission, and for the legibility of the document electronically filed, except for delays caused by the failure of the court’s website. The filing party may petition the court to resolve any dispute concerning an alleged failure of the court’s website.
(f) Fees.
(1) A filing party shall pay the fee for electronically filing a legal paper as provided by the court.
(2) The court may assess an additional automation fee for each legal paper electronically filed which shall be used for the development, implementation, maintenance, and training in the use of the court’s electronic filing system and other related uses.
Note
Rule 4.7 is substantively identical to former Rule 3.7, but has been relocated to Chapter IV of these Rules.
Explanatory Comment
This Rule is designed as a general enabling mechanism by which local judicial districts can, if they so choose, implement electronic filing. Implementation procedures not inconsistent with this Rule will be determined by local rules of court.
Those jurisdictions which require e-filing must also provide the necessary technical assistance to those parties who lack the capacity to electronically file legal paper.
Nothing in this Rule is intended to change the procedural requirements of Orphans’ Court practice, as embodied in the statutes and rules of court. Rather, this Rule is intended to facilitate the delivery of legal paper to the court and the parties, as well as to reduce record management burdens in the office of the clerk. The terms ‘‘electronic filing,’’ ‘‘filing party,’’ and ‘‘legal paper’’ are defined in Rule 1.3.
The court may, from time to time, modify the approved electronic filing system to take into consideration the costs and security of the system and the maintenance of electronic data and images.
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