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PA Bulletin, Doc. No. 22-194




Local Rule of Criminal Procedure 576.1; No. 17-2022 MD

[52 Pa.B. 828]
[Saturday, February 5, 2022]


And Now, this 25th day of January, 2022, in compliance with Rule 103 of the Pennsylvania Rules of Judicial Administration, it is hereby Ordered that the Court adopts the following Local Rule of Criminal Procedure 576.1.

 The Effective Date of this Local Rule is 30 days after the date of publication in the Pennsylvania Bulletin.

 The District Court Administrator is directed to:

 1. File one (1) certified copy of this Order with the Administrative Office of Pennsylvania Courts;

 2. Submit two (2) certified copies of this Order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin along with a copy of this Order on a CD-ROM or other agreed upon alternate format;

 3. Publish a copy of this Order on the Wayne County Court of Common Pleas website;

 4. Compile the local rule within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.

Local Rule Criminal Procedure 576.1. Electronic Filing and Service of Legal Papers.

 A. The 22nd Judicial District Court of Common Pleas of Wayne County and the Administrative Office of Pennsylvania Courts (AOPC) have agreed upon an implementation plan for PACFile in Wayne County for certain criminal filings. In accordance with Pa.R.Crim.P. 576.1 and this rule, legal papers may be filed electronically using the PACFile electronic filing system developed by the AOPC. Electronic filing is permissive and not mandatory.

 B. Legal Papers Defined. The ''legal papers'' which may be filed electronically includes all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, except the following:

 1. Applications for a search warrant;

 2. Applications for an arrest warrant;

 3. Submissions filed or authorized to be filed under seal;

 4. Grand jury materials;

 5. Submissions filed by ex parte as authorized by law; and,

 6. Exhibits offered into evidence, whether or not admitted, in a court proceeding.

 C. All filings shall comply with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

 D. Attorneys or self-represented individuals who file legal papers electronically must establish a PACFile account using the Unified Judicial System of Pennsylvania Web Portal. Pursuant to Pennsylvania Rule of Criminal Procedure 576.1(D)(2), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

 E. Applicable filing fees shall be accepted in the same manner as currently required by statute, court order, Local Rule or as established by fee schedule.

 F. The Office of the Clerk of Courts shall convert legal papers in paper format to an electronic PDF version, except for those filings excluded in subsection (B) of this rule. Once converted to PDF, the PDF version shall be deemed to be the original legal paper and shall be used as such for all purposes. Neither the Clerk of Courts nor the Court is required to maintain a physical hard copy of any legal paper filed electronically.

 G. Use of the PACFile system shall constitute as the filer's certification that the electronic notice and service of other documents through the PACFile system will be accepted by filer. The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in subsection D. Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACFile, pursuant to Pa.R.Crim.P. 576.

 H. Service of legal papers on any attorney or party who has not established an account as provided in subsection (D) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specifically, the following offices must be served in accordance with Rule 576: Sheriff, Adult Probation, Court Reporter, and Court Administration. This applies to the service of court orders and notices. Distribution to those parties not automatically served via PACFile with a court order or notice must be filed with the Clerk of Courts office with a complete distribution list including the names and addresses of all parties required to be served with a paper copy.

By the Court

President Judge

[Pa.B. Doc. No. 22-194. Filed for public inspection February 4, 2022, 9:00 a.m.]

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