Current through Register Vol. 54, No. 44, November 2, 2024
A. A party to a case, or the party's
attorney, seeking to correct a data error in an electronic case record shall
submit a written request for correction to the court in which the record was
filed.
B. A request to correct an
alleged error contained in an electronic case record of the Supreme Court,
Superior Court, or Commonwealth Court shall be submitted to the prothonotary of
the proper appellate court.
C. A
request to correct an alleged error contained in an electronic case record of
the Court of Common Pleas, Philadelphia Municipal Court, or a Magisterial
District Court shall be submitted and processed as set forth below.
(1) The request shall be made on a form
designed and published by the Administrative Office of Pennsylvania
Courts.
(2) The request shall be
submitted to the clerk of courts if the alleged error appears in an electronic
case record of the Court of Common Pleas or Philadelphia Municipal Court. If
the alleged error appears in an electronic case record regarding a guardianship
case, the request for correction shall be submitted to the clerk of the
orphans' court division. The requestor shall also provide copies of the form to
all parties to the case, the District Court Administrator, and the
Administrative Office of Pennsylvania Courts.
(3) The request shall be submitted to the
Magisterial District Court if the alleged error appears in an electronic case
record of the Magisterial District Court. The requestor shall also provide
copies of the form to all parties to the case, the District Court
Administrator, and the Administrative Office of Pennsylvania Courts.
(4) The requestor shall set forth on the
request form with specificity the information that is alleged to be in error
and shall provide sufficient facts, including supporting documentation that
corroborates the requestor's contention that the information in question is in
error.
(5) Within 10 business days
of receipt of a request, the clerk of courts, clerk of the orphans' court
division, or Magisterial District Court shall respond in writing to the
requestor, all parties to the case, and the Administrative Office of
Pennsylvania Courts, in one of the following manners:
a. The request does not contain sufficient
information and facts to adequately determine what information is alleged to be
error; accordingly, the request form is being returned to the requestor; and no
further action will be taken on this matter unless the requestor resubmits the
request with additional information and facts.
b. The request does not concern an electronic
case record that is covered by this policy; accordingly, the request form is
being returned to the requestor; no further action will be taken on this
matter.
c. it has been determined
that an error does exist in the electronic case record and that the information
in question has been corrected.
d.
it has been determined that an error does not exist in the electronic case
record.
e. The request has been
received and an additional period not exceeding 30 business days is necessary
to complete the review of this matter.
(6) A requestor has the right to seek review
of a final decision under subsection 5(a)-(d) rendered by a clerk of courts,
clerk of the orphans' court division, or Magisterial District Court within 10
business days of notification of that decision.
a. The request for review shall be submitted
to the District Court Administrator on a form that is designed and published by
the Administrative Office of Pennsylvania Courts.
b. If the request for review concerns a
Magisterial District Court's decision, it shall be reviewed by the judge
assigned by the President Judge.
c.
If the request for review concerns a decision of a clerk of courts or a clerk
of the orphans' court division, it shall be reviewed by the judge who presided
over the case from which the electronic case record alleged to be in error was
derived.