Washington Cnty. C.P. Admin Order - Adoption of Local Rule of Orphans Court Pro...

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE: )

)

APPROVAL AND ADOPTION OF )

LOCAL RULE OF ORPHANS' COURT )

PROCEDURE L-O.C. 4.7 )

ADMINISTRATIVE ORDER

No. 2024-1 FILED

MAY O 6 2024

LAURA H. HOUGH

PROTHONOTARY

AND NOW, this 3rd day of May, 2024, having received approval from the appropriate

statewide rules committee in accordance with Pennsylvania Rule of Judicial Administration

103(d)(4), it is heryby ORDERED, ADJUDGED, and DECREED that Local Rule of Orphans'

Court Procedure L-OC 4.7, as set forth in the attachment to this Order, is APPROVED and

ADOPTED.

The above-identified local rule of Orphans' Court procedure shall be effective June 20,

2024, and following publication in the Pennsylvania Bulletin pursuant to Pa. R. J. A. 103(c)(5).

The District Court Administrator is directed to:

I. File copies of this Administrative Order and the adopted local rules with the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin;

2. File one (1) electronic copy of this Administrative Order and the adopted local rules with

the Administrative Office of Pennsylvania Courts;

3. File one (1) copy of this Administrative Order in the Orphans' Court at docket OC-2024-

1.,

4. Arrange for the publication of the local rules on the website for the Twenty-seventh Judicial

District, www.washingtoncourts.us, within thirty (30) days of the effective date; and

5. Cause a copy hereof to be published in the Washington County Reports once a week for

two (2) successive weeks at the expense of the County of Washington.

BY THE COURT:

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oaef Gilman, Pres1d6nt Judge

L-0.C. Rule 4.7. ELECTRONIC FILING

For the purposes of this rule, the following words shall have the following meaning:

"case management system" means an electronic document repository maintained, administered,

and managed by the Court to track information and manage cases.

"electronic filing," the electronic transmission of legal papers by means other than facsimile

transmission;

"filing party," a party or counsel of record who files a legal paper by means of electronic filing;

and

"legal paper," a pleading or other paper filed in an action, including exhibits and attachments.

(a) Electronic Filing. Beginning June 20, 2024, a filing party may electronically file legal papers

with the Register of Wills/Clerk of the Orphans' Court ("clerk") following the procedures set forth

in this Rule and consistent with the procedures set forth in Pa.R.O.C.P. Rule 4.7.

(1) Notwithstanding the preceding paragraph, the following legal papers may not be filed

electronically:

(i) Grant of letters;

(ii) Inheritance tax return; and

(iii) An original will or codicil.

Note: Filings made pursuant to Pa.R.O.C.P. 14.8 and Pa.R.J.A. 510 must be done in the

Guardianship Tracking System, and not via C-Track.

(2) 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) Electronic Filing of Legal Paper.

(1) Electronically filed legal papers shall be submitted in a portable document format

("PDF").

(2) If a legal paper contains a proposed order of court, the filing party shall separately file

only the proposed order in a Microsoft Word format.

(3) In the event any legal paper is presented in hard copy for filing, the clerk shall convert

and maintain the legal paper as a PDF. The physical legal paper shall be returned to the filing

party for retention in accordance with Pa.R.O.C.P. Rule 4. 7(b)(2), with the exception of an original

will or codicil. If an original will or codicil is filed, the clerk shall scan and retain the testamentary

writing for a minimum of ten (10) years after the closure of the case.

(c) Signature anci Verification.

(1) A legal paper filed electronically is deemed an original document.

(2) A legal paper filed electronically must include a signature block for the name of the

authorized filer.

(3) A required signature shall be supplied either by filing a scanned image of the legal

paper that bears the original signature of the filer, or, by affixing the digitalized signature, or the

name of the filer preceded by Isl, and the printed name of the attorney, to the electronically filed

legal paper.

(d) Website and Filing Date.

( 1) The clerk shall provide sufficient tenninals for use by filing parties and to provide for

public access to court records.

(i) The clerk shall make the tenninals available for use during business hours as

established by the President Judge.

(ii) The clerk shall provide assistance to users of the public terminals.

(2) The designated website for electronic filing is the C-Track E-Filing Portal, which can

be accessed by clicking on the "e-File" link on the Court's website (www.washingtoncourts.us).

(3) All electronic filers must register with the C-Track E-Filing Portal by clicking on the

"Register as an E-Filer" link of the designated website.

(4) Use of the C-Track E-Filing Portal shall be in accordance with the user manual (if

applicable), this local rule, and all instructions contained on the designated website.

(5) Registered users that submit electronic filings shall be individuals, and not law finns,

agencies, corporations, or other groups; provided, however, that the filer of a legal paper must be

a party or counsel of record.

(6) In the event that a legal paper is to be filed by a deadline, the filing shall be timely if

filed by 11 :59:59 P .M. EST/EDT on the day of the deadline.

(7) If a legal paper is accepted by the clerk, it shall be deemed to have been filed upon the

date and time it was received by the C-Track E-Filing Portal; provided, however, that the clerk is

authorized to refuse for filing a legal paper that is submitted without the requisite fee being paid.

(8) Nothing shall prohibit the Court and/or District Court Administrator, or their respective

designees, from directly filing an order or notice into the C-Track case management system or E-Filing Portal. For purposes of this rule, an order may include an untiled motion or petition that is

attached to an order once it has been signed by a common pleas judge.

(9) Upon receipt of an electronic filing, the clerk shall provide the filing party with an e-mail notification, or automated notification from the C-Track E-Filing Portal, which includes the

date and time the document was received by the C-Track E-Filing Portal.

(10) After review of the electronic filing, the clerk shall provide the filing party with a

second e-mail notification, or automated notification from the C-Track E-Filing Portal, that the

document has been accepted for filing ("filed") or refused and not accepted for filing and the

reason.

(11) When a legal paper is accepted by the clerk, the PDF is considered part of the official

record. Proposed orders filed in Microsoft Word are to aid the Court and shall not be part of the

official record.

(12) When an electronic filer files a document that should be marked "confidential" or

otherwise secured, the filer shall indicate such required security at the time of their filing

submission through the prompts on the C-Track E-Filing Portal.

(i) Counsel and unrepresented parties must adhere to the Public Access Policy

ofthe Unified Judicial System ofPennsylvania. Use of electronic filing does not relieve

any obligation regarding the filing of confidential information and/or documents.

(ii) Electronic filings that contain "Confidential Information" as defined by the

Case Records Public Access Policy of the Administrative Office of Pennsylvania Courts

shall be filed appropriately redacted, as required under the Public Access Policy. The

electronic filer shall separately electronically file a Confidential Information Form and

shall indicate that the form is a confidential filing at the time of their filing submission

through the prompts on the C-Track E-Filing Portal.

(iii) Electronic filings that contain "Confidential Documents" as defined by the

Case Records Public Access Policy of the Administrative Office of Pennsylvania Courts

shall be marked confidential at the time of their filing submission through the prompts

on the C-Track E-Filing Portal. The electronic filer shall separately file a publicly

accessible Confidential Document Form indicating the confidential documents and the

type of pleading.

Note: A docket entry, legal paper, or other information may only be sealed by the Court upon

issuance ofan order. A filing party may not seal a filing sua sponte; rather, the filing party should

present a motion if requesting that a case or filing be sealed.

(e) Delay in Filing. The Court upon motion shall resolve any dispute arising under Pa.R.O.C.P.

Rule 4.7(e). If a party makes a good faith effort to electronically file a legal paper but it is not

received, accepted, or docketed by the system or clerk, the Court may order that the paper be

accepted and filed nunc pro tune upon a ~bowing that the filing party made reasonable efforts to

present and file the paper in a timely manner.

(f) Fees.

(1) The clerk shall accept payment of all electronic filings fees through credit or debit card.

The payment processor shall be approved by the Court through the President Judge, or his or her

designee.

(i) A reasonable convenience fee may be charged for the use of a credit or debit

card. The convenience fee shall be set by the Court through the President Judge, or his or her designee.

(ii) The clerk may not accept alternate payment or a deposit of funds in advance

of filing; provided however, that a filing party who utilizes a pu~lic tenninal may pay all fees

associated with the filing by cash or money order in addition to those methods prescribed in

paragraph (1 ).

(2) The clerk shall collect a user fee for the filing of certain legal papers as established by

the Court through the President Judge. The user fee and list of legal papers shall be delineated by

Administrative Order.

(3) The Court may require the payment of a one time or reoccurring user fee to access the

public docket or legal papers through the C-Track E-Filing Portal. Such fees shall be delineated

by Administrative Order and shall be published on the C-Track E-Filing Portal or on the Courts

website (www.washingtoncourts.us).

(4) Payment of fees in person at the office of the clerk may be made in cash, check, money

order, or by credit card/debit card. Payment of Inheritance Tax may only be made in person and

shall not be accepted through the C-Track E-Filing Portal.

(g) Service. The C-Track E-Filing Portal will automatically distribute a copy of any legal paper

filed in a case to each registered C-Track user who has entered his or her appearance in that case

and has been selected by the electronic filer to receive electronic service. Such automatic

distribution by the C-Track E-Filing Portal of electronically filed legal papers other than original

process constitutes service in accordance with the Pennsylvania Orphans' Court Rules. The

electronic filer must serve the electronically filed legal papers upon any opposing parties or

attorneys who are not registered users of the C-Track E-Filing Portal in accordance with the

Pennsylvania Orphans' Court Rules.

(1) Service through the C-Track E-Filing Portal upon transmission on a Saturday, a Sunday,

a holiday recognized by Court, or after 5:00 P.M. EST/EDT, shall be considered complete on the

next business day.

(2) Establishment as a registered user of the C-Track E-Filing Portal constitutes consent to

participate in electronic filing, including acceptance of service electronically of any document,

other than original process, filed on the C-Track E-Filing Portal in any type of proceeding that

permits electronic filing.

(3) Use of the C-Track E-Filing Portal does not relieve a party of service requirements for

a notice of appeal pursuant to Pa.R.A.P. 906(2)-(4).

(h) Termination Notices for Inactive Cases. In addition to the procedures set forth in Pa.R.J.A.

1901 and Local Rule of Judicial Administration 1901, notice of proposed termination for inactive

cases may be accomplished electronically in cases where a party is a registered user of the C-Track

E-Filing Portal.

(i) Maintenance of Physical Files. Hard copy case files in existence at the time this Rule is adopted

must continue to be maintained by the clerk, as well as any physical case records created after the

effective date of this rule.

(a) The clerk may only purge a case file upon closure of the case if the legal papers in the

case record are scanned into the C-Track case management system in a PDF format. To purge a

case record, the clerk must file an attestation that the electronic documents represent a full and

complete copy of the papers in the case file, in addition to any requirements that may be required

by Pa.R.J.A. 507 or the County Records Committee (16 P.S. § 13001, et seq.).

(b) Notwithstanding the previous subsection, the President Judge may require the clerk to

create or maintain physical case records as necessary for the administration of justice and the

business of the court.