courts: Rule 205.4*. Electronic Filing and Service of legal Papers

Montgomery County, PA

P.O. Box 311, Norristown, PA 19404-0311
Courthouse Hours: 8:30a.m. to 4:15p.m.
Phone: 610-278-3000
Website: www.montcopa.org

Rule 205.4*. Electronic Filing and Service of Legal Papers.
 
(i) 
The Montgomery County Court of Common Pleas hereby decrees that it will   accept the electronic filing of legal papers and the electronic service of such papers, under the terms described in this Local Rule.
    
 
(1) The electronic filing initiative will begin with a pilot program. The
     Prothonotary’s Office may select attorneys and/or law firms to
     participate in electronic filing during the pilot period. The Court will
     determine an appropriate length for the pilot period. At the conclusion
     of the pilot period, the Prothonotary’s Office and the Court will jointly
     determine the appropriate steps to be taken with respect to electronic
     filing, in light of the experience gained during the pilot period.
 
 
(2) During the pilot period, electronic filing is permitted only in general
    civil cases for filings that:
    (a) do not initiate a case;
    (b) do not trigger a Court filing fee of any sort;
    (c) are matters of public record, so that, for example, documents
         filed under seal may not be electronically filed, and
    (d) are filed by attorneys (i.e. pro se electronic filing is not permitted
         Montgomery County Local Rules of Civil Procedure 6 Rev: 8/03 at
         this time).
 
 
(3) Electronic filing shall be effectuated through an electronic filing
     system provided by Verilaw Technologies, Inc. Verilaw shall coordinate
     its efforts to provide an electronic filing system with the Prothonotary’s
     Office, the Court, and with electronic filing attorneys
 
 
(4) Electronic filing shall not be mandated, even for pilot participants.
     Accordingly, attorneys will retain the option to file documents through
     traditional means.
 
 
(5) The Verilaw system shall provide filing attorneys with electronic
     notification of the Prothonotary’s Office’s acceptance of electronically
     filed documents.
 
 
(6) A document that is electronically filed shall not be also filed by
     traditional paper means. The Prothonotary’s Office, however, until
     further notice shall print hard copy versions of electronically filed
     documents and process the hard copy versions (for purposes of record
     retention and Court workflow) in the same manner as paper-filed
     documents.
 
 
(7) The electronic filing of a legal paper without a signature utilizing
     such attorney’s unique user name and password assigned by the
     Verilaw system shall constitute effective filing with the Court and a
     certification by the filing attorney that the original hard copy was
     properly signed, and, where applicable, verified. The filing attorney
     shall maintain the original hard copy of the original, inclusive of all
     signatures, in such attorney’s files. Any party may require the filing
     attorney to produce the original hard copy of the legal paper by serving
     notice thereof upon such attorney. The filing attorney must respond
     by producing the original hard copy of the legal paper with 14 days of
     receipt of such notice.
 
 
(8) Notwithstanding all applicable rules promulgated by the Supreme
     Court of Pennsylvania, Montgomery County or the Court governing
     service, the electronic service of a legal paper via the Verilaw system
     shall be deemed complete and proper notice upon submission by the
     filing attorney and distribution thereof via the Verilaw system;
     provided, however, the receiving party must agree to accept service
     via electronic mail in writing, by inclusion of an electronic mail address
     on a notice of appearance or prior legal paper filed with the Court in
     the applicable action, or by becoming a registered user of the Verilaw
     system.
 
 
(9) Once a party has become a registered use of Verilaw’s system
     and/or has agreed to accept service by inclusion of an e-mail address
     on legal paper filed with the Court in the applicable action, a party
     may only withdraw from the system by filing with the Prothonotary
     and giving written notice to all other parties to the action, a written
     document evidencing their withdraw for the electronic filing program.
     Upon filing such a document, withdrawing attorneys must immediately
     deactivate their accounts on the Verilaw system. Withdrawal shall be
     deemed effective upon deactivation of the account.
     Montgomery County Local Rules of Civil Procedure 7 Rev: 8/03
 
  
(10) Verilaw shall provide electronic access at all ti mes. On days that
       the Prothonotary is open any paper filed electronically with Verilaw
       prior to 4:45 p.m. Eastern Time, shall be deemed filed with the
       Prothonotary as of the date of the document was sent to Verilaw.
       Any document filed electronically with Verilaw after 4:45 p.m. Eastern
       Time shall be deemed filed with the Prothonotary as of the next
       business day that the Prothonotary is open.
 
  (11) In all other respects, all electronic filing shall be in accordance
      with Pa. R.Civ. P. 205.4, which governs the electronic filing of legal
      papers.