Current through Register Vol. 54, No. 44, November 2, 2024
A.
Authorization. The
president judge of a judicial district by local rule promulgated pursuant to
Rule 121 and Rule of Judicial Administration 103 may authorize electronic
filing of legal papers with the clerk of courts in cases in delinquency
proceedings through the statewide electronic filing system as provided in this
rule.
B.
Local
Rule.
1) The local rule required
under this rule shall include the following provisions:
a) subject to the provisions in paragraph
(B)(2), a statement that the electronic filing system is permissive and specify
the legal papers subject to the rule, but in no case shall legal papers
prohibited from being filed electronically by this rule be permitted to be
filed electronically;
b) a
provision for the procedures to ensure that any party who declines to
participate in the system, or who is unable to electronically file or accept
service of legal papers which were filed electronically, or who is otherwise
unable to access the system, at a minimum, shall be able to file legal papers
in a physical paper format and be served legal papers in a physical format
which were electronically filed;
c)
any additional provisions as the court may deem necessary to provide a full and
complete procedure for the use of the system within the judicial district;
and
d) a notation that the
Administrative Office of Pennsylvania Courts and the judicial district have
agreed upon an implementation plan for PACFile in the judicial
district.
2) Any judicial
district that authorized electronic filing for a period of two years thereafter
may amend their local rule, subject to the requirements of Rule 121 and Rule of
Judicial Administration 103, to make participation in electronic filing
mandatory. For the purpose of establishing the commencement of the period, a
judicial district may rely upon an authorization established pursuant to
Pa.R.Crim.P. 576.1(B).
C.
Definitions. As used in this rule, the following words shall
have the following meanings:
"electronic filing," the electronic submission of legal
papers by means other than facsimile transmission and the acceptance of the
document by the clerk of courts;
"filing party," an attorney, juvenile, or other person
who files a legal paper by means of electronic filing;
"legal paper," a pleading or other submission to the
court, including motions, answers, notices, or other documents, of which filing
is required or permitted, including orders, copies of exhibits, and
attachments, but excluding:
1)
applications for search warrants;
2) applications for arrest
warrants;
3) exhibits offered into
evidence, whether or not admitted, in a court proceeding; and
4) submissions filed ex parte as authorized
by law.
"original document," a legal paper filed electronically
shall be deemed the original document, but copies of exhibits electronically
filed do not constitute the original of the exhibit for evidentiary purposes;
and
"the system," the PACFile electronic filing system,
developed and administered by the Administrative Office of Pennsylvania Courts,
is the exclusive system for electronic filing.
D.
Participation.
1) The system shall permit attorneys,
juveniles proceeding without counsel, law enforcement officers, and juvenile
probation officers to file electronically.
a)
In order to participate in the system, an attorney shall establish an account
in the system by procedures established by the Administrative Office of
Pennsylvania Courts.
b) A
non-attorney shall be permitted to utilize the system through an authorization
process established by the Administrative Office of Pennsylvania
Courts.
2) Establishment
of an account by an attorney or authorization of a non-attorney in the system,
to the extent so authorized by the Administrative Office of Pennsylvania Courts
pursuant to paragraph (D)(1), shall constitute consent to participate in
electronic filing, including acceptance of service electronically of any
document filed on the system in any judicial district that permits electronic
filing.
3) An attorney or
non-attorney participating in the system is permitted to file a legal paper
either in an electronic format or in a physical paper format. Service upon an
attorney or non-attorney participating in the system shall be done
electronically.
E.
Filing.
1) When a legal
paper is to be electronically filed, it may be submitted to the system at the
Unified Judicial System web portal at http://ujsportal.pacourts.us, in
accordance with this rule, any local rule adopted pursuant to this rule, and
any filing instructions as may be otherwise provided at the web portal
site.
2) Electronic filings may be
submitted at any time, except during times of periodic maintenance. The
electronic submission must be completed by 11:59:59 p.m. EST/EDT to be
considered filed that day.
3) The
time and date on which a legal paper is submitted to the system shall be
recorded by the system. The system shall provide an acknowledgement to the
filing party that the legal paper has been submitted.
4) The time and date on which the legal paper
is accepted by the clerk of courts office also shall be recorded by the system.
The system shall provide an acknowledgement to the filing party that the legal
paper has been accepted.
5) A legal
paper shall be considered filed upon submission of the legal paper to the
system and acceptance of the filing by the clerk of courts. If the clerk of
courts determines that the requirements for filing have been met, the time and
date of filing shall be the time and date that the legal paper was submitted to
the system. If the clerk of courts finds that the requirements for filing are
not met, the clerk may reject the filing.
6) A filing party shall be responsible for
any delay, disruption, and interruption of the electronic signals and
legibility of the document electronically filed, except when caused by the
failure of the system's website.
7)
The system shall attribute the filing of an electronic legal paper to the party
whose account is used to log onto the system and file the legal
paper.
8) Legal papers shall be
presented for filing in portable document format (".pdf").
9) All legal papers electronically filed
shall be maintained and retained by the clerk of courts in an electronic
format. Neither the clerk of courts nor the court is required to maintain in a
physical paper format any legal paper filed electronically as provided in this
rule.
10) Any legal paper submitted
for filing to the clerk of courts in a physical paper format shall be accepted
by the clerk of courts in that format and shall be retained by the clerk of
courts as may be required by applicable rules of court and record retention
policies. The clerk of courts shall convert such legal paper in a physical
paper format to .pdf and add it to the system. However, those submissions that
are excluded from the definition of "legal paper" under paragraph (C) shall not
be converted and added to the system.
11) No legal paper that complies with the
Pennsylvania Rules of Juvenile Court Procedure shall be refused for filing by
the clerk of courts 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.
F.
Signature.
1) Except as provided in paragraph (F)(3), an
electronic signature of the filer as provided for in the system is permitted on
electronic filings in the following form: /s/ John L.
Doe.
2) The electronic
filing of a motion or answer that includes an electronic signature constitutes
a certification pursuant to Pa.R.J.C.P. 344(C)(1) that the filing party or
attorney has filed the motion in good faith.
3) Any motion that, pursuant to Rule
344(C)(3), avers facts not of record and requiring a verification must be
created in a physical paper form, have a physical signature placed on it, and
then be converted into a .pdf before it may be electronically filed.
4) The original of a verified legal paper
that is an electronic filing or is contained within an electronic filing shall
be maintained by the electronic filer in either electronic or paper format and
made available upon direction of the court or reasonable request of the
signatory or opposing party.
G.
Official Court Record
Form. The court by local rule shall provide for the maintenance by the
clerk of courts of an electronic file only, or of such electronic and physical
paper format files as set forth in the local rule. Those legal papers that are
not permitted to be electronically filed pursuant to paragraph (C) shall be
maintained in a physical paper format only.
H.
Service.
1) Upon the submission of a legal paper for
electronic filing, the system shall provide an electronic notification to other
parties and attorneys to the case who are participating in electronic filing
that the legal paper has been submitted. This notification upon submission
shall satisfy the service requirements of Rules 167(B) and 345(B) on any
attorney or party who has established a system account.
2) Upon the acceptance by the clerk of courts
office of a legal paper for electronic filing, the system shall provide an
electronic notification to other parties and attorneys to the case who are
participating in electronic filing that the legal paper has been
accepted.
3) Service of electronic
filings on any attorney or party who has not established a UJS web portal
account or who is unable to file or receive legal papers electronically or
otherwise unable to access the system shall be made by the procedures provided
under Rules 167(B) and 345(B).
