Adoption of Local Rule L205.4 Electronic Filing of Papers; No. 00-2014
[30 Pa.B. 5733]
Administrative Order No. 7-2000
And Now, this 17th day of October, 2000, it is hereby Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Adopts Local Rule of Civil Procedure L205.4 governing the Electronic Filing of Papers.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Civil Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order in the Prothonotary's Office.
JOHN P. LAVELLE,
Local Rule L205.4. Electronic Filing of Papers.
(a) Except as otherwise provided by subsection (b) of this rule, parties may file legal papers, including original process, with the Prothonotary by means of electronic filing in any civil action or proceeding at law or in equity brought in or appealed to the court.
A ''legal paper'' within the meaning of subsection (a) means a pleading or other paper filed in any civil action or proceeding at law or in equity.
(b) The following legal papers may not be filed with the Prothonotary by means of electronic filing:
(1) Legal papers relating to any action governed by Pa.R.C.P. Nos. 1910.1 through 1910.50, relating to Actions for Support.
(2) A notice of appeal from an award of a board of arbitrators or a notice of appeal or other legal paper, the filing of which is prescribed by the Rules of Civil Procedure Governing Actions and Proceedings before District Justices.
The legal papers described in subsection (b)(2) cannot be filed through electronic filing. See Pa.R.C.P. No. 205.4(a)(2).
(c) The filing party shall maintain the original hard copy of any legal paper that is electronically filed.
(d) In the case of original process filed to commence an action and other papers required by law or rule to be served by the Sheriff, the filing party shall provide a sufficient number of copies of an electronically filed document in order to permit service by the Sheriff.
(e) The Prothonotary shall provide electronic access at all times. The time and date of the filing and receipt shall be that registered by the Prothonotary's computer system.
(f) The Prothonotary's webpage is at the following website address: www.aopc.org/counties/carbon/prothy.htm.
(g) Access to the website shall be available to an attorney by use of a password and the attorney's Supreme Court identification number issued by the Court Administrator of Pennsylvania. Access is also available to any other user by the user selecting any numbers of letters that the user wishes to use as an identification number.
(h) The Prothonotary shall maintain an electronic and a hard copy file of all legal papers constituting original process filed to commence an action. The Prothonotary shall not be required to maintain a hard copy file for any other legal papers filed electronically pursuant to this rule.
(i) The procedure for payment of the fees and costs of the Prothonotary shall be set forth on the Prothonotary's webpage.
(j) The Prothonotary shall provide a filing status message to the filing party setting forth the date of and time of acceptance of the filing. If the filing party does not receive a filing status message, the legal paper is not considered filed and the filing party should contact the Prothonotary's office.
A filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the Prothonotary. See Pa.R.C.P. No. 205.4(e)(2). One of the risks is that the Prothonotary--either correctly or incorrectly--determines that the filing party has not met its obligation for payment of the necessary fees and costs.
(k) This rule shall be rescinded on December 31, 2001 unless Pa.R.C.P. No. 205.4(h) is modified or rescinded.
Pa.R.C.P. No. 205.4(h) provides that this rule shall be rescinded on December 31, 2001.
[Pa.B. Doc. No. 00-1902. Filed for public inspection November 3, 2000, 9:00 a.m.]
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