Section 1167. Filings and Service of Court Orders and Notices

A. Filings.

1) All orders and court notices shall be transmitted promptly to the clerk of courts for filing. Upon receipt by the clerk of courts, the order or court notice shall be time-stamped promptly with the date of receipt.

2) All orders and court notices shall be filed in the official court record.

B. Service.

1) A copy of any order or court notice shall be served promptly on each party’s attorney, and the party, if unrepresented.

2) The clerk of courts shall serve the order or court notice, unless the president judge has promulgated a local rule designating service to be by the court or its designee.

3) Methods of service. Service shall be:

a) in writing by:

i) personal delivery to the party’s attorney, and if unrepresented, the party;

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

iii) 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;

iv) sending a copy to an unrepresented party by first class mail addressed to the party’s place of business, residence, or detention;

v) sending a copy by facsimile transmission or other electronic means if the party’s attorney, and if unrepresented, the party has filed written request for this method of service or has included a facsimile number or an electronic address on a prior legal paper filed in the case;

vi) delivery to the party’s attorney, and if unrepresented, the party by carrier service; or

b) orally in open court on the record.

C. Unified Practice. Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a person to file or serve orders or court notices.

Comment

Court notices, as used in this rule, are communications that ordinarily are issued by a judge or the court administrator concerning, for example, calendaring or scheduling, including proceedings requiring the party’s presence.

A facsimile number or electronic address set forth on the letterhead is not sufficient to authorize service by facsimile transmission or other electronic means under paragraph (B)(3)(a)(v). The authorization for service by facsimile transmission or other electronic means under this rule is valid only for the duration of the case. A separate authorization is to be filed in each case by the party, if unrepresented, or by the attorney who wants to receive documents by this method of service.

Nothing in this rule is intended to preclude the use of automated or other electronic means for the transmission of the orders or court notices between the judge, court administrator, and clerk of courts, or for time-stamping.

Official Note

Rule 1167 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1167 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

Final Report explaining the amendments to Rule 1167 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

The provisions of this Rule 1167 amended December 24, 2009, effective immediately, 40 Pa.B. 222. Immediately preceding text appears at serial pages (342577) to (242579).