Adoption of Local Rule of Orphans' Court 1.99A— Confidential Information and Confidential Documents. Certification; Rescission of Local Rule of Orphans' Court 4.7A(g)—Electronic Filing of Legal Papers
[47 Pa.B. 7448]
[Saturday, December 9, 2017]
And Now, this 21st day of November, 2017, the Court hereby Rescinds Montgomery County Local Rules of Orphans' Court 4.7A(g) and Adopts Montgomery County Local Rule of Orphans' Court 1.99A. Confidential Information and Confidential Documents. Certification. These Rule changes shall become effective on January 6, 2018.
The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.
By the Court
THOMAS M. DELRICCI,
Rule 1.99A. Confidential Information and Confidential Documents. Certification.
Pursuant to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (herein referred to as ''Policy''), the following rules shall apply to all filings made in the Orphans' Court Division of this Court:
(A) Confidential Information
(1) Any filing that includes any Confidential Information, as defined in Section 7.0(A) of the Policy, shall be filed with two (2) versions of the document. One shall be a ''Redacted Version'' in which any Confidential Information is redacted in a manner that is visibly evident to the reader. The other ''Unredacted Version'' may include the Confidential Information and shall be sealed, accessible only to the parties, their attorneys, and the Court except as Ordered by the Court. Any filing that includes no Confidential Information may be filed as only one document that shall not be sealed. Confidential information is defined in Section 7.0(A) of the Policy as:
1. Social Security Numbers;
2. Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified;
3. Driver License Numbers;
4. State Identification Numbers;
5. Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355); and
6. Abuse victim's address and other contact information, including employer's name address and work schedule, in family court actions as defined by Pa.R.C.P. No. 1931(a), except for victim's name.
(2) Any filer is responsible for compliance with the Policy and this Rule. A certificate of compliance shall be attached as a separate page attached at the end of the filing and signed by the filer, or as a required check box in an e-filing system, in the following form:''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''
(B) Confidential Documents
(1) Any Confidential Document pursuant to Section 8.0(A) of the Policy shall be sealed from public view. Any exhibit, document or attachment filed or offered in any proceeding before the Orphans' Court Division that is a Confidential Document as defined under the Policy shall be filed separately from the pleading, motion, memorandum or other filing to which it relates, and shall be filed with a ''Confidential Document Form.'' The Confidential Document Form, but not the document, shall be accessible to the public, except as ordered by the Court. Confidential Documents, as defined by Section 8.0(A) of the Policy (and as further defined in Section 1.0 of the Policy, provided that certain documents that are typically filed within the Family Division are not listed here, but must nevertheless be treated as confidential pursuant to the Policy) are:
1. Financial source documents;
2. Minors' educational records;
3. Medical/Psychological records; and
4. Children and Youth Services' records.
(2) Any filer is responsible for compliance with the Policy and this Rule. A certificate of compliance shall be attached as a separate page at the end of every filing, and signed by the filer, or as a required check box in e-filing, in the following form:''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''
If, after notice and a reasonable opportunity to respond, the Court determines that this Rule has been violated, the Court may impose a sanction on any filer who has violated this Rule or is responsible for a violation.
Comment: Filers are encouraged to omit confidential information and confidential documents not essential to the matters to be decided to minimize the need for redaction, and where possible to file documents that contain no confidential information.
Rule 4.7A. Electronic Filing of Legal Papers.
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[Pa.B. Doc. No. 17-2023. Filed for public inspection December 8, 2017, 9:00 a.m.]
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