HomeMy WebLinkAboutRule 39- 576.1 Electronic Filing and Service of Legal Papers
39th Jud.Dist.R.Crim.P. 576.1. Electronic Filing and Service of Legal Papers.
(a)Electronic Filing. Pursuant to Pa.R.Crim.P. 576.1, the Administrative Office of Pennsylvania Courts and
the 39th Judicial District agreed upon an implementation plan for electronic filing of criminal legal papers
through the statewide system, PACFile, effective February 1, 2024. This Rule is applicable only to the Franklin
County branch of the 39th Judicial District. The applicable, general rules of court and court policies that
implement the rules shall continue to apply to all filings regardless of the method of filing.
(b) 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 Pa.R.Crim.P. 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.
(c)Legal Papers. Any party identified as an electronic filing participant by Pa.R.Crim.P. 576.1(D) may
utilize PACFile for legal papers including pleadings or other submissions to the court, including motions,
answers, notices, or other documents, of which filing is required or permitted, including orders, copies of
exhibits, and attachments, except the following:
1. exhibits offered into evidence, whether or not admitted, in a court proceeding pursuant to Pa.R.J.A.
5104(c),
2. all documents prohibited by Pa.R.Crim.P. 576.1(C) in the definition of ''legal papers,''
3. applications for search warrants,
4. applications for arrest warrants,
5. any grand jury materials, except the indicting grand jury indictment or the investigating grand jury
presentment,
6. submissions filed ex parte as authorized by law,
7. submissions filed or authorized to be filed under seal including but not limited to the AOPC Confidential
Information Form submitted pursuant to the Public Access Policy,
8. confidential documents including but not limited to drug and alcohol assessments and reports, mental
health evaluations and reports, and medical records,
9. Wiretap Act submissions related to cell phone, tracker, and internet petitions,
10. Notice of Appeals,
11. motions for the appointment of new counsel,
12. any matter requiring the assignment of a Miscellaneous Docket number including but not limited to
expungements filed pursuant to Pa.R.Crim.P. 490 or petitions for modification of bail in matters still pending in
the Magisterial District Court,
13. initial filings for Summary Appeals, and
14. third party filings and amicus briefs or other third party filings.
(d) Electronic filing is permissive within Franklin County.
1. Any party who declines to participate in the PACFile system, or who is unable to electronically file or
accept service of legal papers filed electronically, shall be permitted to file and serve legal papers in a physical
paper format consistent with the Pennsylvania Rules of Criminal Procedure 576 and 576.1.
2. Any party not utilizing PACFile shall notify the Clerk of Courts utilizing the ''Notice of Non-Participation
in PACFile'' form following this Rule and shall serve a copy of the completed form to all parties and/or counsel
of record, and Court Administration.
3. Once a party declines participation in PACFile by serving the Notice required by subdivision (d)(2), all
electronically filed legal papers shall be served on them in paper format consistent with the Pennsylvania Rules
of Criminal Procedure 114(B) and 576(b).
4. If a party files a ''Notice of Non-Participation in PACFile'' and thereafter elects to participate in PACFile
by establishing a PACFile account pursuant to subdivision (b) of this Rule, the party shall immediately cease
filing written legal papers, where not excluded under this rule, and service shall be made upon the party
electronically.
5. In the event an attorney enters an appearance for a defendant who was previously unrepresented and said
defendant established a PACFile account while unrepresented, said defendant shall no longer be permitted to
utilize their PACFile account while represented by counsel, as defined under Pa.R.Crim.P. 576.1(D).
(e)Service Pursuant to Pa.R.Crim.P. 576. Notwithstanding a party's election to participate in PACFile,
Court Administration must be served with paper copies of all legal papers filed electronically in accordance
with Pa.R.Crim.P. 576(b). This subdivision shall also apply to the service of court orders and notices. In
instances where legal papers must be served upon parties not automatically served via PACFile, those legal
papers must be filed with the Clerk of Courts and include a complete distribution legend listing the names of all
parties required to be served with a paper copy.
(f) Clerk of Courts Maintenance of Files.
1. The Clerk of Courts shall maintain an electronic file, and in instances where PACFile is not utilized by all
parties or where documents are not permitted to be electronically filed under subdivision (c) of this Rule, a
paper physical file shall be maintained.
2. Any legal paper submitted for filing to the Clerk of Courts in a paper format, whether required or
permitted under this rule, shall be accepted by the Clerk of Courts in that format. The Clerk of Courts shall
convert such hard copy legal paper to portable document format (''pdf''), add it to the electronic system, and
return the paper copy to the filer, except those legal papers excluded from electronic filing pursuant to
Pa.R.Crim.P. 576.1(C) and subdivision (c) of this Rule. Once converted to pdf, the pdf version of the legal
paper shall be deemed and treated as the original legal paper and may be used by the parties and the Court for
all purposes and proceedings.
3. The legal files contained in the record shall be maintained and retained consistent with the records
retention schedule outlined in the County Records Manual and/or other applicable records retention schedule.
(g) Filing Fees. Applicable filing fees shall be paid through procedures established by the Clerk of Courts
and at the same time and amount as required by statute, Court rule or order, or published fee schedule. A party
who has been granted in forma pauperis status shall not pay filing fees to the Clerk of Courts.
(h) Record on Appeal. Electronically filed legal papers, and copies of legal papers filed in a paper format
shall become the record on appeal.
(i) Confidential Information. Counsel and unrepresented parties must adhere to the PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA and refrain from including
confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically
or in paper format. Counsel and unrepresented parties must include confidential information relevant to the case
on the approved AOPC Confidential Information Form. The Confidential Information Form shall not be filed
electronically in PACFile and shall be served on and made available to the parties to the case, the Court and
appropriate Court staff, as provided in the Public Access Policy.
THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF
PENNSYLVANIA
FRANKLIN COUNTY
(Caption:)
Notice of Non-Participation in PACFile
To the Court:
Franklin County Clerk of Courts
14 N. Main St.
Chambersburg, PA 17201
system for the above captioned matter consistent with 39th Jud.Dist.R.Crim.P. 576.1(d). The party agrees to
file, serve, and receive service of legal papers in physical paper format consistent with the Pennsylvania Rules
of Criminal Procedure, specifically Rule 576, and any applicable local rules.
_________________
Party Signature, OR Attorney Signature
(party's name if so represented)
Address
__________
__________
Distribution:
District Attorney
Court Administration
_____________________________________________________________________________________