Title 255—LOCAL COURT RULES
Local Rule—N.C.R. 576.1; No. AD-2019-2
[49 Pa.B. 1022]
[Saturday, March 9, 2019]
And Now, this 15th day of February, 2019, the Court hereby adopts Northumberland County Local Rule of Criminal Procedure 576.1: Electronic Filing and Service of Legal Papers. This Rule shall be effective April 1, 2019.
The Northumberland County District Court Administrator is directed as follows:
(1) File one (1) copy of this rule and the Administrative Order with the Administrative Office of Pennsylvania Courts via email to firstname.lastname@example.org.
(2) File two (2) paper copies and one electronic copy of the Administrative Order with the Local Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) File one (1) copy with the Northumberland County Law Library and the Editor of the Northumberland County Legal Journal.
(4) Publish a copy of the Administrative Order with Local Rule on the web site of Northumberland County.
(5) Thereafter, compile the Local Rule within the complete set of local rules no later than 30 days following the publication in the Pennsylvania Bulletin.
It is further Ordered that a copy of the Local Rule shall be kept continuously available for public inspection and copying in the office of the Prothonotary of Northumberland County.
By the Court
CHARLES H. SAYLOR,
Rule N.C.R. 576.1. Electronic Filing and Service of Legal Papers.
A. Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Northumberland County, the 8th Judicial District, as of March 13, 2017. The Administrative Office of Pennsylvania Courts and the judicial district of Northumberland County have agreed upon an implementation plan for PACFile in Northumberland County.
B. The electronic filing of motions and other legal papers in the Northumberland County Court of Commons Pleas-Clerk of Courts is authorized as specifically provided in this rule. Parties shall electronically file documents using the PACFile electronic filing system developed by the Administrative Office of the 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.
C. 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. Applications for a search warrant;
2. Applications for an arrest warrant;
3. Grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment;
4. Submissions filed ex parte as authorized by law and
5. Submissions filed or authorized to be filed under seal.
D. Attorneys or self-represented parties who file legal papers electronically must establish a PACFile account using the Unified Judicial System of Pennsylvania Web Portal. Pursuant to Pennsylvania Rule of Criminal Procedure 576.1(D)(2), the establishment of PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.
E. 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 a published fee schedule.
F. A party who was granted In Forma Pauperis status shall not pay filing fees to the Clerk of Courts.
G. All filings shall comply with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.
H. Service of Legal Papers.
a. Attorney or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.
b. Service of legal papers on any attorney or party who has not established an account as provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specifically, the following offices must be served in accordance with Rule 576: Sheriff, Probation Services, Court Reporter, and Court Administration. This applies to the service of court orders and notices. Distribution to those parties not automatically served via PACFile with a court order or notice must be filed with the Clerk of Courts office with a complete distribution legend listing the names and addresses of all parties required to be served with a paper copy.
This rule shall be effective thirty (30) days from the date of publication.
[Pa.B. Doc. No. 19-319. Filed for public inspection March 8, 2019, 9:00 a.m.]
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