207 Proposed amendment of Rule 236 governing notice of orders, decrees and judgments; proposed recommendation no. 159

PART I.  GENERAL

[231 PA. CODE CHS. 200 AND 400]

Proposed Amendment of Rule 236 Governing Notice of Orders, Decrees and Judgments; Proposed Recommendation No. 159

[30 Pa.B. 620]

   The Civil Procedural Rules Committee is proposing the amendment of Rule of Civil Procedure 236 to provide for notice of orders, decrees and judgments by facsimile transmission or other electronic means. The recommendation is being published to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than March 10, 2000 to Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055, or E-Mail to [e-mail].

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 205.4.  Temporary Provisions for Electronic Filing and Service of Legal Papers.

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   (g)  Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served

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   (2)  by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. Service is complete when the legal paper is sent. A paper served electronically is subject to the certifications set forth in subdivision (b)(1).

   Official Note: * * *

   See Rule 236 providing for notice of orders, decrees and judgments, and also other matters, by facsimile transmission or other electronic means.

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Rule 236.  Notice by Prothonotary of Entry of Order, Decree, or Judgment.

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   (d)  The prothonotary may give the notice required by subdivision (a) or notice of other matters by facsimile transmission or other electronic means if the party to whom the notice is to be given or the party's attorney has filed a written request for such method of notification or has included a facsimile or other electronic address on a prior legal paper filed in the action.

   Official Note: Rule 236 does not prescribe a particular method of giving notice. Subdivision (d) governs facsimile transmission and other electronic means if the prothonotary chooses to use such a method.

   A facsimile or other electronic address set forth on letterhead is not a sufficient basis under this rule to authorize the prothonotary to give notice electronically.

   Notice by facsimile transmission or other electronic means is applicable not only to decrees, orders and judgments under subdivision (a) but also to ''other matters'' such as the scheduling of a conference, hearing or trial or other administrative matters.

CHAPTER 400.  SERVICE OF ORIGINAL PROCESS

Rule 440. Service of Legal Papers Other than Original Process.

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   (d)(1)  A copy may be served by facsimile transmission if the parties agree thereto or if a telephone number for facsimile transmission is included on an appearance or prior legal paper filed with the court.

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   (3)  Service is complete when transmission is confirmed as complete.

   Official Note: See Rule 236 providing for notice of orders, decrees and judgments, and also other matters, by facsimile or other electronic means.

Explanatory Comment

   Rule 236(a)(2) provides for the prothonotary to give written notice of the entry of an order, decree or judgment but does not prescribe the manner of giving notice. Without limiting the prothonotary in the manner of giving notice, the proposed amendment to Rule 236 adding new subdivision (d) authorizes the prothonotary to give notice by means of facsimile or other electronic transmission and describes the requirements therefor.

   Proposed subdivision (d) is drafted in permissive rather than mandatory language. This permits the prothonotaries of individual counties to use facsimile or other electronic transmission as the method of notice if it is feasible in the particular county. However, the prothonotary may serve by such means only if the person to be served has either requested such service in writing or included a facsimile or other electronic address on a prior legal paper filed in the action. The provision for an agreement to be served by facsimile or other electronic transmission is in accord with Rule 440(d) governing service by facsimile transmission and Rule 205.4(g) governing service by other electronic transmission.

   New subdivision (d) extends service by facsimile or other electronic transmission to ''other matters''. Other matters are in addition or orders, judgments and decrees and may include court notices, scheduling notices and other matters of an administrative nature.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 00-207. Filed for public inspection February 4, 2000, 9:00 a.m.]