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PA Bulletin, Doc. No. 24-5

THE COURTS

Title 255—LOCAL COURT RULES

SNYDER COUNTY

Adoption of Local Rules; No. CP-55-AD-18-2023

[54 Pa.B. 13]
[Saturday, January 6, 2024]

Order

And Now, this 18th day of December 2023, it is hereby Ordered and Decreed, that effective thirty (30) days after publication in the Pennsylvania Bulletin, the Snyder County Court of Common Pleas adopts local rule 576.1 as follows:

C.C.R.P. No. 576.1

Rule 576.1. Electronic Filing in Criminal Dockets.

 A. The Snyder County Clerk of Courts Office and the Administrative Office of Pennsylvania Court (AOPC) agreed upon an implementation plan for PACFile in Snyder County for certain criminal filings. Legal papers may be filed electronically using the PACFile electronic filing system pursuant to Pa.R.Crim.P. 576.1. Electronic filing is permissive and not mandatory.

 B. As used in this rule, the following words shall have the following meanings:

 i. ''electronic filing,'' the electronic submission of legal papers by means other than facsimile transmission and the acceptance of the document by the clerk of courts;

 ii. ''filing party,'' an attorney, defendant, plaintiff, or other person who files a legal paper by means of electronic filing;

 iii. ''legal paper,'' a pleading or other submission to the court, including motions, answers, notices or other documents, of which filing is required or permitted, including orders, copies of exhibits, and attachments. The following documents are excluded from the definition of ''legal paper'' and are therefore prohibited from being filed electronically:

 (1) applications for search warrants,

 (2) applications for arrest warrants,

 (3) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment,

 (4) submission filed ex parte as authorized by law,

 (5) submissions filed or authorized to be filed under seal, and

 (6) exhibits offered into evidence, whether or not admitted, in a court proceeding;

 iv. ''original document,'' a legal paper filed electronically shall be deemed the original document, but copies of exhibits electronically filed do not constitute the original of the exhibit for evidentiary purposes; and

 v. ''the system'' the PACFile electronic filing system, developed and administered by the Administrative Office of Pennsylvania Courts, is the exclusive system for electronic filing.

 C. Attorneys or self-represented parties 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 the PACFile account constitutes consent to participate in electronicfiling, including acceptance of service electronically of any document filed using PACFile.

 D. Applicable filing fees for the electronically filed legal papers shall be paid electronically to the Clerk of Courts simultaneously with the filing.

 E. A party who was granted In Forma Pauperis status shall not pay filing fees to the Clerk of Courts.

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

 G. Service of Legal Papers:

 (a) Attorneys or self-represented parties who are unable and unwilling to participate electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.

 (b) Service of legal papers on any attorney or party who has not established an Account as provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specially, the following offices must be served in accordance with Rule 576: Court Administration, Probation, Sheriff and Court Reporter. 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 ledger listing the names and addresses of all parties required to be served with a paper copy.

 (c) Service upon an attorney or defendant participating in the system shall be done electronically.

 The District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Incorporation of the local rule into the 17th Judicial District Local Rules and publish on the Snyder County website at www.snydercounty.org. within thirty (30) days after the publication of the local rules in the Pennsylvania Bulletin.

 4. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.

By the Court

LORI R. HACKENBERG, 
President Judge

[Pa.B. Doc. No. 24-5. Filed for public inspection January 5, 2024, 9:00 a.m.]



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