Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 200 - BUSINESS OF COURTS
Rule 205.4 - Electronic Filing and Service of Legal Papers
Universal Citation: 231 PA Code ยง 205.4
Current through Register Vol. 54, No. 44, November 2, 2024
(a)
(1) A
court by local rule may permit or require electronic filing of legal papers
with the prothonotary and shall specify the actions and proceedings and the
legal papers subject to the rule.
(2) As used in this rule, the following words
shall have the following meanings:
"electronic filing," the electronic transmission of legal papers by means other than facsimile transmission,
"filing party," an attorney, party or other person who files a legal paper by means of electronic filing, and
"legal paper," a pleading or other paper filed in an action, including exhibits and attachments.
(b)
(1)
Legal papers shall be presented for filing in portable document format ("pdf")
or any other electronic format, if any, that the court by local rule
designates. A paper presented for filing in a format other than portable
document format shall be converted to portable document format and maintained
by the prothonotary in that format.
(2) A legal paper filed electronically shall
be deemed the original document.
(3) The electronic filing of a legal paper
constitutes a certification
(i) by the filing
party that a hard copy of the legal paper was properly signed and, where
applicable, verified, and
(ii) as
provided by Rule
1023.1(c)
governing the signature to a legal paper, the violation of which shall be
subject to the sanction provision of Rule 1023.1(d).
(4) The filing party shall maintain the
signed hard copy of the document filed for two years after the later of
(i) the disposition of the case,
(ii) the entry of an order resolving the
issue raised by the legal paper, or
(iii) the disposition by an appellate court
of the issue raised by the legal paper.
(5) Any other party at any time may serve
upon the filing party a notice to produce for inspection the signed hard copy
within fourteen days of the service of the notice. The court upon motion may
grant appropriate sanctions for failure to produce the signed hard copy
pursuant to the notice.
(c)
(1) The
prothonotary when authorized to accept filings by electronic transmission shall
provide electronic access at all times.
(2) The prothonotary may designate a website
for the electronic filing of legal papers. Access to the website shall be
available by the attorney identification number issued by the Court
Administrator of Pennsylvania. The court by local rule shall designate the
manner of access to the website for a filing party who is not an attorney.
(3) The time and date of filing
submission and receipt of the legal paper to be filed electronically shall be
that registered by the electronic filing system. The prothonotary shall
provide, through the electronic filing system's website, an acknowledgement
that the legal paper has been received, including the date and time of receipt,
in a form which can be printed for retention by the filing party.
(d)
(1) A filing party shall pay the cost of the
electronic filing of a legal paper by approved credit or debit card, or by
advance deposit of sufficient funds with the prothonotary if the court by local
rule so provides.
(2) A filing
party who presents the legal paper for electronic filing in person at the
office of the prothonotary shall pay the cost by a method prescribed by
paragraph (1) or by check or cash.
(3) If a court has designated a third party
to operate the electronic filing system, the filing party shall pay the cost of
the electronic filing to the prothonotary or to the third party operator in the
manner provided by local rule.
(e)
(1) A
filing party shall be responsible for any delay, disruption, interruption of
the electronic signals and legibility of the document electronically filed,
except when caused by the failure of the electronic filing system's website.
(2) No pleading or other legal
paper that complies with the Pennsylvania Rules of Civil Procedure shall be
refused for filing by the prothonotary or the electronic filing system based
upon a requirement of a local rule or local administrative procedure or
practice pertaining to the electronic filing of legal papers.
(3) If a pleading or other legal paper is not
accepted upon presentation for filing or is refused for filing by the
electronic filing system, the prothonotary or the electronic filing system, as
may be appropriate, shall immediately notify the party presenting the legal
paper for filing of the date of presentation, the fact that the document was
not accepted or refused for filing by the system, and the reason
therefor.
(4)
(i) The court upon motion shall resolve any
dispute arising under paragraphs (1) and (2) of this subdivision.
(ii) If a party makes a good faith effort to
electronically file a legal paper but it is not received, accepted or filed by
the electronic filing system, the court may order that the paper be accepted
and filed nunc pro tunc upon a showing that reasonable efforts
were made to timely present and file the paper.
(f) When electronic filing is permitted as set forth in subdivision (a)(1), the court by local rule shall provide for
(1) a filing status message to the filing
party,
(2) the maintenance by the
prothonotary of an electronic file only, or of such electronic and such hard
copy files as set forth in the rule,
(3) additional procedures, if necessary, to
ensure the security of the web site and the electronic files,
(4) procedures for the payment of
prothonotary's fees and costs, and
(5) such other procedures and matters
necessary to the operation of a system of electronic filing.
(g)
(1) Copies of all legal papers other than
original process filed in an action or served upon any party to an action may
be served
(i) as provided by Rule 440
or
(ii) by electronic transmission,
other than facsimile transmission, if the parties agree thereto or an
electronic mail address is included on an appearance or prior legal paper filed
with the court in the action. A paper served electronically is subject to the
certifications set forth in subdivision (b)(3).
(2) Service by electronic transmission is
complete when a legal paper is sent
(i) to the
recipient's electronic mail address, or
(ii) to an electronic filing system website
and an e-mail message is sent to the recipient by the electronic filing system
that the legal paper has been filed and is available for review on the system's
website.
(h) A judicial district which implements an electronic filing system pursuant to this rule is exempt from the requirements of Rule 205.5 governing cover sheets, provided the electronic filing system has the capability of gathering and transmitting to the Administrative Office of Pennsylvania Courts all the information required by Rule 205.5(e).
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