In Re: Order Amending Rule 576.1 of the Pa Rules of Criminal Procedure

Summary

This document amends Pennsylvania Rule of Criminal Procedure 576.1, governing electronic filing and service of legal papers through the PACFile system. The amendments clarify exclusions from the definition of legal papers, address electronic filing of exhibits, and make related technical and commentary changes.

Holdings

1. A president judge may authorize electronic filing of legal papers in the courts of common pleas and the Philadelphia Municipal Court through the statewide PACFile system by local rule adopted under Pennsylvania Rule of Criminal Procedure 105 and Rule of Judicial Administration 103.
2. Electronic filing must initially be permissive in a judicial district, but after two years of authorized electronic filing the district may amend its local rule to make participation mandatory, subject to applicable rulemaking requirements and accommodations for persons unable to participate electronically.
3. An electronic legal paper is considered filed when it is submitted to the PACFile system and accepted by the clerk of courts; if filing requirements are met, the filing date and time are the date and time of submission.
4. Electronic notification generated upon submission satisfies service requirements for participating attorneys and parties with system accounts, while service on persons without accounts or unable to access electronic filing must be made under Pennsylvania Rules of Criminal Procedure 114(B) and 576(B).

Questions Presented

1. What procedures govern electronic filing and service of legal papers in Pennsylvania criminal proceedings?
2. Which legal papers are excluded from electronic filing?
3. When is an electronically filed legal paper considered filed, and what service obligations apply to electronic and non-electronic participants?

Disposition

other