Bucks Cnty. C.P. Rule 576.1

Bucks County Rule of Criminal Procedure No. 576.1. Electronic Filing and Service

of Legal Papers

(A) Authorization of Electronic Filing System

Pursuant to Pennsylvania Rule of Criminal Procedure 576.1(A),

electronic filing of legal papers through the PACFile electronic filing system is

hereby authorized in the Bucks County Court of Common Pleas, Criminal

Division. The Administrative Office of Pennsylvania Courts and the Seventh

Judicial District, through the Office of the Clerk of Courts (“Clerk of Courts”),

have agreed upon an implementation plan for PACFile in the Bucks County

Court of Common Pleas.

Note: For the purposes of this rule, authorization for use of PACFile in the

“Criminal Division” of the Court shall, subject to any requirements of the Clerk

of Courts and the limitations set forth in section (B) hereof, include all legal

papers that may be appropriately filed with the Clerk of Courts, including but

not limited to those related to criminal, juvenile and dependency matters.

(B) Legal Papers

(1) “Legal papers” are pleadings or other submissions to the court,

including motions, answers, notices, or other documents, of which filing

is required or permitted, including orders, exhibits and attachments, but

excluding:

(a) applications for search warrants;

(b) applications for arrest warrants;

(c) any grand jury materials, except the indicting grand jury

indictment or the investigating grand jury presentment;

(d) submissions filed ex parte as authorized by law;

(e) submissions filed or authorized to be filed under seal;

(f) exhibits offered into evidence, whether or not admitted, in

a court proceeding; and

(g) Wiretap Act, tracker, cell phone and internet surveillance

petitions.

(2) The applicable rules of procedure, general rules of court, and

court policies that implement such rules shall continue to apply to the

filing of all legal papers regardless of the method of filing.

(3) Any legal paper submitted for filing to the Clerk of Courts in a

physical paper (“hard-copy”) format shall be accepted by the Clerk of

Courts in that format and shall be retained by the Clerk of Courts as may

be required by applicable rules of court and record retention policies.

The Clerk of Courts shall convert such hard-copy legal paper to .pdf and

add it to the system, except those legal papers excluded from electronic

filing pursuant to Pa.R.Crim.P. 576.1(C) and this rule.

(C) PACFile

(1) The exclusive system for electronic filing in the Bucks County

Court of Common Pleas, Criminal Division, shall be the PACFile System,

developed and administered by the Administrative Office of the

Pennsylvania Courts and located on Pennsylvania’s Unified Judicial

System Web Portal at https://ujsportal.pacourts.us/PACFile.aspx.

(2) Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a

PACFile account constitutes consent to participate in electronic filing,

including acceptance of service electronically of any document filed on

the PACFile system in any judicial district that permits electronic filing.

(3) Use of the PACFile System is permissive and voluntary. Any

party who declines to participate in the PACFile electronic filing system,

who is unable to electronically file or accept service of legal papers which

were filed electronically, or who is otherwise unable to access the

PACFile system, shall be permitted to file legal papers in hard copy

format and shall be served legal papers as required by Pa.R.Crim.P. 576

in a hard copy format by the Clerk of Courts and other parties, regardless

of whether such legal papers are electronically filed or in a hard copy

format.

(4) Upon submission of a legal paper for electronic filing, the PACFile

system shall provide an electronic notification to other parties and

attorneys to the case who are participating in electronic filing that the

legal paper has been submitted. This notification upon submission shall

satisfy the service requirements of Rules 114(B) and 576(B) on any

attorney or party who has established a PACFile system account.

(D) Filing Fees

Applicable filing fees shall be paid through procedures established by

the Clerk of Courts and at the same time and in the same amount as required

by statute, Court rule or order, or published fee schedule.

(E) Record on Appeal

Electronically filed legal papers, and copies of legal papers filed in a hard

copy format as provided in subsection (B)(3), shall become the record on

appeal.

(F) Confidential Information

Counsel and unrepresented parties shall 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 a hard copy format.

(G) Provision of Hard Copy Legal Papers to Court

The Clerk of Courts shall provide hard copies of any filed legal papers to

the Court as required by the Court, regardless of the format in which such legal

papers are filed and/or maintained by the Clerk of Courts.

This rule shall be effective thirty (30) days after publication in the Pennsylvania

Bulletin.