Luzerne Cnty. C.P. Local Rules Rule 205.4

(a)(1)(i) This Rule governs the permissive electronic filing of all legal papers with the

Clerk of Judicial Records through its electronic filing system as well as the electronic service of

papers under terms more specifically provided by the Pa. R.C.P. No. 205.4.

(ii) In the context of this rule, “legal papers” which may be filed electronically shall

be those in all civil cases, not including those matters filed exclusively with the Domestic

Relations Section of the Court, and Orphans’ Court matters.

(2) As used in this rule, the following words shall have the following meanings:

“electronic filing,” shall mean the electronic transmission of legal papers by means other

than facsimile transmission,

“filing party,” shall mean an attorney, party or other person who files a legal paper by

means of electronic filing, and

“legal paper,” shall mean a pleading or other paper filed in an action, including exhibits

and attachments.

(b)(1) Legal papers shall be presented for filing in portable document format (“PDF”). A

paper presented for filing in format other than a portable document format shall be converted to

portable document format and maintained by the Clerk of Judicial Records in that format.) In the

event any legal paper or exhibit is presented in hard copy, in person, for filing, to the Clerk of

Judicial Records, the Clerk of Judicial Records shall convert such legal paper to, and maintain

such legal paper as, a PDF and shall return the hard copy to the filing party for retention in

accordance with Pa. R.C.P. No. 205.4(b)(4).

(c)(2) Website. Access to the Website.

(i) Website. All legal papers filed electronically shall be filed through the Clerk of

Judicial Records’ electronic filing system (“Electronic Filing System”) that may be accessed

through the Luzerne County website at www.luzernecounty.org.

(ii) Website Access. To obtain access to the Electronic Filing System, counsel and

any unrepresented party must apply for and receive a user name and password.

(d)(1) Payment of Filing Fees.

(i) The Clerk of Judicial Records will accept electronic payment of all filing fees

with the following credit and debit cards: Mastercard, VISA, and Discover.

(ii) The credit or debit card will be charged with a convenience fee dictated by the

credit card vendor.

(iii) The Clerk of Judicial Records will not accept payment by depositing, in

advance, sufficient funds with it.

(f) Local Procedures.

(i) The required signature on an electronic filing of legal papers is established by

submission of a filing and the application of a digitized signature or the name of the filer

preceded by /s/ accompanied by the filer’s printed name or a scanned document with an original

signature. Verification will be achieved through use of an email address and a password obtained

from the Electronic Filing System. The Electronic Filing System will verify the user ID. Such

signature shall be subject to the certification provided for in Pa. R.C.P. No. 1023.1(c), and, if the

filing party is an attorney, shall constitute a certification of authorization to file it as provided in

Pa. R.C.P. No. 205.1.

(ii) Any legal paper filed through the Electronic Filing System, or in person at the

Clerk of Judicial Records as set forth in subsection (b)(1) of this Rule, must include a signature

block, the name of the filer, and a valid email address for the filer. In the event the filer’s email

address changes, the filer shall provide an updated email address to the Clerk of Judicial Records

within one (1) business day.

(iii) The Electronic Filing System shall display an official notification, which

includes the time and date, indicating the filing was received. Within one (1) business day of the

receipt of the legal paper, the Clerk of Judicial Records shall provide the filer with an email

notification through the Electronic Filing System that the legal paper has either been accepted or

rejected.

(iv) If a legal paper is accepted, it shall be deemed to have been filed as of the date

and time it was received by the Electronic Filing System; however, if a legal paper is submitted

without the requisite filing fee, the legal paper shall be deemed to have been accepted for filing

as of the date payment is received pursuant to 42 P.S. Section 21073(b).

(v) If a legal document is refused for filing, the Clerk of Judicial Records shall

specify the reason

(vi) Neither the Court, nor Clerk of Judicial Records shall be required to maintain a

hard copy of any legal paper, notice, or order filed with the Clerk of Judicial Records, whether

such filing is completed through the Electronic Filing System, or, in person at the Clerk of Judicial

Records as set forth in subsection (b)(1) of this Rule.

(vii) Any other party may serve upon the filing party a notice to produce for

inspection the signed hard copy required to be maintained by a party pursuant to Pa. R.C.P. No.

205.4, within fourteen (14) days of the service of the notice, for good cause shown. The court,

upon motion, may grant appropriate sanctions for failure to produce the signed hard copy

pursuant to the notice.

(g) Service of Electronically Filed Legal Papers.

(1) Once an electronic filing has been accepted by the Clerk of Judicial Records, it shall be

the responsibility of the filing party to properly serve the other party and the Court in

accordance these Rules, and Pa. R.C.P. Nos. 400, et. seq. (service of original process) or Pa. R.C.P.

No. 440 (Service of Legal Papers other than Original Process), as appropriate.

(2) Copies of all legal papers other than original process filed in an action or served upon

any party to an action, whether such filing was completed through the Electronic Filing System,

or, in person at the Clerk of Judicial Records as set forth in subsection (b)(1) of this Rule, may be

served

(i) as provided by Pa. R.C.P. No. 440 or

(ii) by electronic transmission, other than facsimile transmission.

As provided for in subsection (f)(ii) of this Rule, an electronic mail address shall be

included on any entry of appearance or other legal paper filed with the Court, whether such filing

was completed through the Electronic Filing System, or, in person at the Clerk of Judicial Records

as set forth in subsection (b)(1) of this Rule. A paper served electronically is subject to the

certifications set forth in Pa. R.C.P. No. 205.4(b)(3). Pursuant to Pa. R.C.P. No. 205.4(g)(2), service

by electronic transmission is complete when a legal paper is sent to the recipient’s electronic

mail address, or to an electronic filing system website and an e-mail message is sent to the

recipient by the electronic filing system that the legal paper has been filed and is available for

review on the system’s website.