New Rules of the Criminal Division of the Court of Common Pleas; 2018-34 AD

[49 Pa.B. 13]
[Saturday, January 5, 2019]


Now, this 6th day of December, 2018, it is ordered that, effective upon publication on the UJS Portal, Susquehanna County Rule of Criminal Procedure 576.1 Electronic Filing Legal Papers, is hereby Adopted:

Criminal Rule 576.1. Electronic Filing Legal Papers.

 A. The electronic filing of motions and other legal papers in the Susquehanna County Court of Common Pleas—Criminal Division is authorized and specifically provided in this rule. Parties shall electronically file documents using the PACFile electronic filing system developed by the Administrative Office of Pennsylvania Courts. The application of general rules of court and court policies that implement the rules, shall continue to apply to all filings regardless of the method of filing.

 B. Legal papers Defined. The ''legal papers'' which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments except for the following:

 1. Legal papers filed or authorized to be filed under seal;

 2. Applications for a search warrant;

 3. Applications for an arrest warrant;

 4. Grand jury materials;

 5. Subpoenas;

 6. Wiretap Act, cell phone, tracker and Internet petitions.

 C. All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal. Parties who are proceeding without counsel are not required to establish a PACFile account and are not required to file legal papers using the electronic PACFile system.

 D. Applicable filing fees shall be paid electronically through procedures established by the Clerk of Courts and at the same time and in the same amount as required by statute, court rule or order, or established by any e-published fee schedule.

 E. Use of the PACFile system shall constitute the filer's certification that electronic notice and service of other documents through the PACFile system will be accepted by the filer. The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who established an account as provided in subsection C. Service of electronic filings on any party proceeding without counsel shall be made by the traditional methods required under Pa.R.Crim.P. 576.

 F. Where an electronic filing cannot be submitted due to no fault of the filing party, traditional filing shall be accepted.

By the Court

President Judge


Now, this 6th day of December, 2018, it is hereby Ordered that the previous Susquehanna County Rule of Criminal Procedure Criminal Rule 576.1 Electronic Filing Legal Papers., is hereby promulgated to become effective upon publication on the UJS Portal.

By the Court

President Judge

[Pa.B. Doc. No. 19-6. Filed for public inspection January 4, 2019, 9:00 a.m.]

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