Section 1345. Filing and Service

A. Filings.

1) Generally. Except as otherwise provided in these rules, all written motions, and any notice or document for which filing is required, shall be filed with the clerk of courts.

2) Clerk of courts’ duties. Except as provided in paragraph (A)(3), the clerk of courts shall docket a written motion, notice, or document when it is received and record the time of filing in the docket. The clerk of courts promptly shall transmit a copy of these papers to such person as may be designated by the court.

3) Filings by represented parties. In any case in which a party is represented by an attorney, if the party submits for filing a written motion, notice, or document that has not been signed by the party’s attorney, the clerk of courts shall not file the motion, notice, or document in the child’s official court record or make a docket entry, but shall forward it promptly to the party’s attorney.

4) Method of filing. Filing may be accomplished by:

a) personal delivery to the clerk of courts; or

b) mail addressed to the clerk of courts, provided, however, that filing by mail shall be timely only when actually received by the clerk within the time fixed for filing.

B. Service.

1) Generally. The party filing the document shall serve the other party concurrently with the filing.

2) Method of service to parties. Service on the parties shall be by:

a) personal delivery of a copy to a party’s attorney, or, if unrepresented, the party; or

b) mailing a copy to a party’s attorney or leaving a copy for the attorney at the attorney’s office; or

c) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, leaving a copy for the attorney in the attorney’s box; or

d) sending a copy to an unrepresented party by first class mail addressed to the party’s place of residence.

C. Proof of service. All documents that are filed and served pursuant to this rule shall include a certificate of service.

Comment

See Rule 1166 for maintaining records in the clerk of courts.

Under paragraph (A)(2), the court is to designate a court official to process motions and other matters for appropriate scheduling and resolution.

Under paragraph (B)(1), the party filing a document is required to serve the other party.

This rule does not affect court orders, which are to be served upon each party’s attorney and the guardian, if unrepresented, by the clerk of courts as provided in Rule 1167.

For service of petitions, see Rule 1331.

Official Note

Rule 1345 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1345 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

Final Report explaining the amendments to Rule 1345 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

The provisions of this Rule 1345 amended December 24, 2009, effective immediately, 40 Pa.B. 222. Immediately preceding text appears at serial pages (326085) to (326086).