Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 576

(a)(1) General Scope and Purpose of this Rule. The electronic filing of motions and other legal

papers in the criminal courts of Philadelphia County is hereby authorized as specifically

provided in this rule. 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. Electronic

filing and service shall be governed by this rule.

(2) Legal papers. In the context of this rule, the ‘’legal papers’’ which may be filed

electronically shall encompass all written motions, written answers and any notices or

documents for which filing is required or permitted, including orders, exhibits and

attachments, but excluding:

(i) applications for a search warrant;

(ii) applications for an arrest warrant;

(iii) criminal complaints;

(iv) bills of information;

(v) grand jury materials;

(vi) legal papers filed ex parte as authorized by law; and

(vii) legal papers filed or authorized to be filed under seal.

Comment: The primary intent of this rule is to facilitate the electronic filing of all legal papers other than as

specifically excluded in this subsection. Until such time as necessary protocols are adopted to permit the

electronic filing of these excluded legal papers, they shall be filed in paper format so as to limit potential

harm to any party and to protect the confidentiality of information as provided by law.

(b) Participation and Fees.

(1) An attorney must establish an account, apply for a Username, Password and Personal

Identification Number (“PIN’’), and supply an email address in order to use the Criminal

Electronic Filing System. An attorney is responsible for the actions of other individuals

whom the attorney authorizes to use the attorney’s account. Parties who are proceeding

without counsel must also establish an account, apply for a Username, Password and

Personal Identification Number (“PIN’’), supply an email address and be authorized to

access their cases through the Criminal Electronic Filing System. Service of electronic filings

on attorneys who have established an account and on parties without counsel who have been

authorized will be made automatically by the Criminal Electronic Filing System.

(2) The clerk of court shall not require the payment of a filing fee by any party found by the

court to be indigent and is represented by an attorney appointed pursuant to Pa.R.Crim.P. 122

or Pa.R.Crim.P. 904, or who has been granted in forma pauperis status, or is represented by

an attorney who is providing free legal service to the party and has filed the praecipe required

by Pa.R.C.P. No. 240 (d).

(3) Applicable filing fees shall be paid electronically 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. The clerk of courts shall accept payment as follows:

(i) electronically, at the time the legal paper is electronically filed through the Criminal

Electronic Filing System, with the following credit or debit cards: American Express,

Discover, MasterCard, and Visa;

(ii) by mail, with certified or cashier check and money order; and

(iii) in person, in cash, certified checks and with the following credit or debit cards:

American Express, Discover, MasterCard, and Visa.

(c) Use of the Criminal Electronic Filing System.

(1) Electronic filings may be submitted through the website of the First Judicial District of

Pennsylvania: http://www.courts.phila.gov beginning on April 1, 2013 in accordance with the

filing instructions contained in this rule and as may be otherwise provided at that site.

(2) Electronic filings may be submitted at any time (with the exception of periodic

maintenance).

(3) The Criminal Electronic Filing System will attribute the filing of an electronic legal paper

to the party whose Username, Password and PIN is used to log on and file the legal paper.

The following additional provisions govern the signature and verification of legal papers:

(i) The signature of the filer on electronic filings shall be in the following form: /s/ Chris

L. Smith.

(ii) The sworn affidavit or verification required by Pa.R.Crim.P. 575(A)(2)(g) and

(B)(3)(d) shall be converted to a portable document format (hereinafter “pdf’’) and

shall be attached to the legal paper when it is electronically submitted.

(iii) Any exhibit or other legal paper that requires or contains multiple signatures shall be

converted to a pdf and shall be attached to the legal paper when it is electronically

submitted.

(iv) The electronic filer shall maintain the original of a sworn or verified document

contained in an electronic filing (e.g., affidavit) or contained within an electronic

filing (e.g., verification), and shall make it available upon direction of the court or

reasonable request of the signatory or opposing party.

(4) All legal papers electronically filed must be filed in a pdf and shall be maintained and

retained by the clerk of courts in an electronic format. Neither the clerk of courts nor the

court is required to maintain a hard copy of any legal paper filed electronically as provided in

this rule.

(5) The electronic filing of a motion constitutes a certification pursuant to Pa.R.Crim.P. 575

that the filing party or attorney has read the motion, that to the best of the filing party’s or

attorney’s knowledge, information and belief there is good ground to support the motion, and

that it is not interposed for delay.

(6) The clerk of courts shall provide, through the Criminal Electronic Filing System’s

website, an acknowledgement that the legal paper has been received, including the date and

time of receipt, in a form which can be printed for retention by the filing party.

(7) Unless the legal paper is rejected by the clerk of courts, and provided that the requisite

payment has been received prior to or at the date and time of submission, the filing date and

time of a legal paper shall be the date and time of submission. If the legal paper is not

rejected by the clerk of courts, and the payment is received after the date and time of

submission, the filing date and time of a legal paper shall be the date and time payment is

received.

(8) Upon review of the legal paper, the clerk of courts shall provide, through the Criminal

Electronic Filing System’s website, an acknowledgement that:

(i) the legal paper has been accepted for filing, including the date and time of acceptance,

and that the legal paper was served on the parties as provided in this rule, in a form

which can be printed for retention by the filing party; or

(ii) the legal paper has been rejected as authorized by law. The clerk of courts shall

immediately notify, by email, the filing party of the reason for the rejection and

whether the legal paper may be modified or a new legal paper must be submitted.

(9) A filing party shall be responsible for any delay, disruption, interruption of the electronic

signals and legibility of the document electronically filed, except when caused by the failure

of the Criminal Electronic Filing System’s website.

(d) Legal Papers Filed in a Paper Format. Any legal paper submitted for filing to the clerk of

courts in a paper (or “hard-copy’’) format beginning on April 1, 2013 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, other than any legal paper filed under seal, to pdf. Once

converted to pdf, the pdf version of the legal paper shall be deemed to be, and shall be treated

as, the original legal paper and may be used by the parties and the court for all purposes,

including court hearings and trials, in the Municipal Court and the Court of Common Pleas.

(e) Record on Appeal. Electronically filed legal papers, and copies of legal papers filed in a

paper format as provided in subsection (d), shall become the record on appeal.

(f) Confidential information. Ex parte filing of legal papers. Filing legal papers under seal.

(1) Counsel and unrepresented parties must refrain from including confidential information

in legal papers filed with the clerk of courts or the court regardless of whether the legal paper

is filed electronically or in a paper format. Counsel and unrepresented parties must include

confidential information relevant to the case on a court-approved Confidential Information

Form. The Confidential Information Form shall be served on and made available to the

parties to the case, the court and appropriate court staff, as provided by law. The Confidential

Information Form shall not be released or otherwise accessed by the public. The following

information is designated as confidential information:

(i) in a prosecution involving a child victim of sexual or physical abuse, the name of the

child victim;

(ii) social security numbers;

(iii) financial information; and

(iv) any other information deemed to be confidential, as provided by law.

(2) Legal papers which, according to law, may be filed ex parte or under seal shall continue

to be filed in a paper format as provided in subsection (a)(2).

(g) Service of Legal Papers.

(1) Use of the Criminal Electronic Filing System shall constitute the filer’s certification that

the submission is authorized and that electronic notice and service of other documents

through the Criminal Electronic Filing System will be accepted by the filer.

(2) 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 (b)(1) of this rule.

(3) Service of electronic filings on any attorney or party who has not established an account

as provided in subsection (b)(1) of this rule shall be made by the traditional methods required

under Pa.R.Crim.P. 576.

(h) Miscellaneous provisions.

(1) Except as otherwise specifically provided by law, the clerk of courts shall not be required

to redact any pleading filed electronically or in a hard-copy format. However, if the legal

paper is submitted for filing in violation of subsection (f) of this rule, the clerk of courts may

reject it or refuse to accept it for filing.

(2) The clerk of courts is authorized to delay the availability of legal papers to the general

public in the courthouse for five (5) days after the legal paper is accepted for filing, to

minimize any potential prejudice or harm to the parties or witnesses, and to enable the parties

to seek a protective order when a legal paper is not filed as required by subsections (a)(2) and

(f) of this rule.

(3) Legal papers shall only be made available remotely to attorneys of record and pro se

parties. A party who is represented by counsel shall not have remote access to any legal

papers filed in connection with the party’s case. Access to the official case file and legal

papers, as required or provided by law and applicable Public Access policies, is available in

Rooms 200 and 310 at the Criminal Justice Center. Additional access may be provided by the

clerk of courts at such additional places which may be designated from time to time.

(4) The clerk of courts shall provide training and assistance to all parties as may be necessary

to electronically file legal papers as provided in this rule.

(5) The clerk of courts shall provide sufficient computer terminals at such locations as may

be determined from time to time to allow parties and the public to access legal papers as

provided by this rule and as authorized by applicable Public Access policies.

(i) As provided in subsection (a), the procedures contained in this rule control in the event a

provision herein conflicts with the Pennsylvania Rules of Criminal Procedure. In all other

respects, the Pennsylvania Rules of Criminal Procedure apply.

(j) Duration of Pilot Program. Unless otherwise provided, the Pilot Program established by this

rule shall end on April 1, 2014. The terms of the Pilot Program may be modified from time to

time by the issuance of a local rule adopted pursuant to Pa.R.Crim.P. 105.

Note: In accordance with the February 6, 2013 order of the Supreme Court of Pennsylva nia, pursuant to

Article V, Section 10 of the Constitution of Pennsylvania: effective immediately.

Rule 600 (Rescinded).

Note: Amended by Phila. Municipal Criminal Court on June 5, 1987, effective immediately. Rescinded by

the Municipal Court Board of Judges on November 18, 2005; effective March 15, 2006; See Rule 600, Phila.

C.P. Criminal Rules.