295 Adoption of local rule of civil procedure--Rule 205.4*--electronic filing and service of legal papers; no. 02 00001
Title 255--LOCAL
COURT RULESMONTGOMERY COUNTY Adoption of Local Rule of Civil Procedure--Rule 205.4*--Electronic Filing and Service of Legal Papers; No. 02 00001 [32 Pa.B. 1044] Order And Now, this 18th day of January, 2002, the Court hereby adopts Montgomery County Local Rule of Civil Procedure, Rule 205.4*. Electronic Filing and Service of Legal Papers.
This Rule shall become effective immediately.
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.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator 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) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.
By the Court
S. GERALD CORSO,
President JudgeRule 205.4*. Electronic Filing and Service of Legal Papers.
(i) The Montgomery County Court of Common Pleas hereby decrees that it will accept the electronic filing of legal papers and the electronic service of such papers, under the terms described in this Local Rule.
(1) The electronic filing initiative will begin with a pilot program. The Prothonotary's Office may select attorneys and/or law firms to participate in electronic filing during the pilot period. The Court will determine an appropriate length for the pilot period. At the conclusion of the pilot period, the Prothonotary's Office and the Court will jointly determine the appropriate steps to be taken with respect to electronic filing, in light of the experience gained during the pilot period.
(2) During the pilot period, electronic filing is permitted only in general civil cases for filings that:
a. do not initiate a case;
b. do not trigger a Court filing fee of any sort;
c. are matters of public record, so that, for example, documents filed under seal may not be electronically filed, and
d. are filed by attorneys (i.e. pro se electronic filing is not permitted at this time).
(3) Electronic filing shall be effectuated through an electronic filing system provided by Verilaw Technologies, Inc. Verilaw shall coordinate its efforts to provide an electronic filing system with the Prothonotary's Office, the Court, and with electronic filing attorneys.
(4) Electronic filing shall not be mandated, even for pilot participants. Accordingly, attorneys will retain the option to file documents through traditional means.
(5) The Verilaw system shall provide filing attorneys with electronic notification of the Prothonotary's Office's acceptance of electronically filed documents.
(6) A document that is electronically filed shall not be also filed by traditional paper means. The Prothonotary's Office, however, until further notice shall print hard copy versions of electronically filed documents and process the hard copy versions (for purposes of record retention and Court workflow) in the same manner as paper-filed documents.
(7) The electronic filing of a legal paper without a signature utilizing such attorney's unique user name and password assigned by Verilaw system shall constitute effective filing with the Court and a certification by the filing attorney that the original hard copy was properly signed, and, where applicable, verified. The filing attorney shall maintain the original hard copy of the original, inclusive of all signatures, in such attorney's files. Any party may require the filing attorney to produce the original hard copy of the legal paper by serving notice thereof upon such attorney. The filing attorney must respond by producing the original hard copy of the legal paper within 14 days of receipt of such notice.
(8) Not withstanding all applicable rules promulgated by the Supreme Court of Pennsylvania, Montgomery County or the Court governing service, the electronic service of legal paper via the Verilaw system shall be deemed complete and proper notice upon submission by the filing attorney and distribution thereof via the Verilaw system; provided, however, the receiving party must agree to accept service via electronic mail in writing, by inclusion of an electronic mail address on a notice of appearance or prior legal paper filed with the Court in the applicable action, or by becoming a registered user of the Verilaw system.
(9) Once a party has become a registered user of Verilaw's system and/or has agreed to accept service by inclusion of an e-mail address on legal paper filed with the Court in the applicable action, a party may only withdraw from the system by filing with the Prothonotary and giving written notice to all other parties to the action, a written document evidencing their withdraw from the electronic filing program. Upon filing such a document, withdrawing attorneys must immediately deactivate their accounts on the Verilaw system. Withdrawal shall be deemed effective upon deactivation of the account.
(10) Verilaw shall provide electronic access at all times. On days that the Prothonotary is open any paper filed electronically with Verilaw prior to 4:45 p.m. Eastern Time, shall be deemed filed with the Prothonotary as of the date the document was sent to Verilaw. Any document filed electronically with Verilaw after 4:45 p.m. Eastern Time shall be deemed filed with the Prothonotary as of the next business day that the Prothonotary is open.
(11) In all other respects, all electronic filing shall be in accordance with Pa.R.C.P. 205.4, which governs the electronic filing of legal papers.
[Pa.B. Doc. No. 02-295. Filed for public inspection February 22, 2002, 9:00 a.m.]
