1057 Proposed amendment of Pa.O.C.R. 2.3 and adoption of new Pa.O.C.R. 3.7; recommendation no. 1 of 2004
PART II. ORPHANS' COURT RULES
[231 PA. CODE PART II]Proposed Amendment of Pa.O.C.R. 2.3 and Adoption of New Pa.O.C.R. 3.7; Recommendation No. 1 of 2004 [34 Pa.B. 3104] The Orphans' Court Procedural Rules Committee proposes to adopt a new rule enabling practitioners to file Orphans' Court documents via electronic means. This Recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court for adoption.
Proposed new material is bold.
All communications in reference to the proposed amendment should be sent, no later than July 19, 2004, to:
Dean R. Phillips, Chief Counsel
Rebecca M. Darr, Deputy Counsel
Orphans' Court Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055Or via E-Mail to:
orphanrules@pacourts.usAn Explanatory Comment follows the proposed rule and has been inserted by this Committee for the convenience of the bench and bar. It will not constitute part of the rule, nor will it be officially adopted or promulgated.
By the Orphans' Court Procedural Rules Committee
HONORABLE JOHN M. CASCIO,
ChairAnnex A TITLE 231. RULES OF CIVIL PROCEDURE PART II. ORPHANS' COURT RULES RULE 2: CONSTRUCTION AND APPLICATION OF RULES Rule 2.3. Definitions.
The following words when used in these rules, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this rule:
* * * * * ''Electronic Filing'' means the electronic transmission via the internet of legal papers to the Clerk of the Orphans' Court Division.
* * * * * ''Filing party'' means an attorney or party who filed a legal paper via electronic means.
''Legal paper'' means a petition, pleading, or other document.
* * * * * RULE 3: PLEADING AND PRACTICE Rule 3.7. Electronic Filing and Service of Legal Papers.
(a) Scope of Rule. This rule authorizes a local Orphans' Court to permit or require electronic filing of legal papers and to establish procedures governing such filing by local rule. This rule does not mandate the implementation of electronic filing by a local Orphans' Court.
(b) Electronic Filing of Legal Paper.
(1) A filing party may file a legal paper with the Clerk by means of electronic filing if electronic filing has been implemented in the County of filing.
(2) Legal papers must be filed in portable document format (.pdf) by scanning or other method.
(3) Exhibits to a legal paper must be converted to portable document format (.pdf) by scanning or other method and incorporated as part of the legal paper filed pursuant to procedures established by local rule.
(4) Any party may require the filing party to file the original hard copy of a legal paper or exhibit by filing a notice to file with the Clerk and serving a copy of the notice upon the filing party. The filing party shall file the original hard copy with the Clerk within fourteen (14) days after service of the notice. Upon disposition of the matter before the Court, the original document may be returned to the party who filed it, or retained by the Court, as the Court may determine.
(c) Signature, Verification and Retention of Legal Paper.
(1) The electronic filing of a legal paper constitutes a certification by the filing party that the original hard copy was properly signed and, where applicable, verified.
(2) The filing party shall maintain the original hard copy of the legal paper, together with any exhibits filed, for five (5) years after:
(i) the disposition of the case;
(ii) entry of an order resolving the issue raised by the legal paper; or
(iii) in the event of an appeal, disposition by the appellate court of the issue raised by the legal paper.
(d) Website and Filing Date.
(1) The Court shall designate a website for the electronic filing of legal papers and a user name and password shall be issued to authorized users.
(2) The Court shall provide electronic filing access at all times. The time and date of the filing shall be that registered by the Court's computer system.
(e) Delay in filing. A filing party shall be responsible for any delay, disruption, or interruption of electronic transmission, and for the legibility of the document electronically filed, except for delays caused by the failure of the Court's website. The filing party may petition the Court to resolve any dispute concerning an alleged failure of the Court's website.
(f) Fees.
(1) A filing party shall pay the fee for electronically filing a legal paper by depositing funds with the Clerk in advance, or by authorizing payment by credit or debit card, or as otherwise provided by the Court.
(2) The Court may assess an additional automation fee for each legal paper electronically filed which shall be collected by the Clerk, and then remitted monthly to the Court, to be used for the development, training, implementation and maintenance of the Orphans' Court electronic filing system, and other related uses.
(g) Local Procedures. The Court may develop further administrative procedures, as needed, to implement this rule and to provide for security of the electronic filing system, as required by changing technology.
(h) Service of Legal Papers by Parties.
(1) Service of original process shall not be permitted by electronic means, unless agreed to by the respondent.
(2) Service of subsequent legal papers may be effected by electronic transmission if the parties agree, or if an electronic mail address appears on an entry of appearance or other legal paper previously filed with the Court in the action. Electronic service is complete when the legal paper is sent to the recipient's electronic mail address, or when the recipient is notified by electronic mail that a legal paper affecting the recipient has been filed and is available for review on the Court's website.
(i) Notices. The Clerk and the Court may serve all notices via electronic means.
Explanatory Note: This Rule is designed as a general enabling mechanism by which local judicial districts can, if they so choose, implement electronic filing. Implementation procedures not inconsistent with this Rule will be determined by local rules of court.
Nothing in this Rule is intended to change the procedural requirements of Orphans' Court practice, as embodied in the statutes and rules of court. Rather this Rule is intended to facilitate the delivery of legal papers to the Court and the litigants, as well as to reduce record management burdens in the office of the Clerk. The term ''electronic filing,'' ''filing party,'' and ''legal paper'' are defined in Rule 2.3.
The Court may, from time to time, modify the approved electronic format of the Court to take into consideration the costs and security of the system, and advancing technology affecting maintenance of electronic data and images.
Existing procedures regarding record retention for paper documents by the Clerk shall apply to electronically filed documents. A local Orphans' Court which permits electronic filing may require filing and maintenance of paper documents or exhibits; it may also accept paper documents, convert such documents to electronic format, and destroy the paper documents. (See, Record Retention & Disposition Schedule with Guidelines, adopted by the Supreme Court of Pennsylvania by Order, dated November 28, 2001, as part of the amendment to Pa.R. J. A. No. 507).
Explanatory Comment The purpose of this Recommendation is to provide an enabling mechanism by which counties can experiment with electronic filing in their own judicial districts.
The general purpose of proposed new Rule 3.7 is to permit local Orphans' Courts to implement mandatory, or optional, electronic filing. It does not mandate the implementation of an electronic filing system. Rather, for the foreseeable future, it is anticipated that the decision whether to accept electronic filings, and whether electronic filings are mandatory, permitted, or prohibited will remain with the local Orphans' Court. Moreover, proposed Rule 3.7 is not intended to contravene or impede any future effort by the Pennsylvania Supreme Court and the Administrative Office of Pennsylvania Courts to implement a statewide electronic filing system which would either mandate the acceptance of electronically filed documents or require electronic filing in all judicial districts.
The proposed amendment to Rule 2.3 defines important terms such as what constitutes an ''electronic filing.''
Proposed Rule 3.7(b)(2) provides for the filing of legal papers in portable document format (.pdf) by scanning or other method. Proposed Rule 3.7(b)(3) provides that exhibits must also be converted to .pdf format. Proposed Rule 3.7(c) provides for electronic signatures and retention of original hard copies by the filing party. Proposed Rule 3.7(d) permits electronic filing at any time and deems the time and date of the filing to be that which is registered on the Court's computer system. Proposed Rule 3.7(e) holds the filing party responsible for delay, disruption or interruption of the electronic transmission except for delays caused by the failure of the court's website or computer system. Proposed Rule 3.7(f) provides for fees to be collected by the Clerk and used to improve the electronic filing system of the Court. Proposed Rule 3.7(g) allows the local court to enact further rules to implement the system and provide proper security. Proposed Rule 3.7(h) provides for optional service by electronic means. Proposed Rule 3.7(i) permits the Court to send notices by electronic means.
The Orphans' Court Committee solicits comments from the bench and bar on these proposed rule changes. Any suggestions will be considered.
[Pa.B. Doc. No. 04-1057. Filed for public inspection June 18, 2004, 9:00 a.m.]
