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Rule 114 – Orders and Court Notices: Filing; Service; and Docket Entries

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Filing

(1) All orders and court notices promptly shall be transmitted to the clerk of courts’ office for filing. Upon receipt in the clerk of courts’ office, the order or court notice promptly shall be time stamped with the date of receipt.
(2) All orders and court notices promptly shall be placed in the criminal case file.
(B) Service

(1) A copy of any order or court notice promptly shall be served on each party’s attorney, or the party if unrepresented.
(2) The clerk of courts shall serve the order or court notice, unless the president judge has promulgated a local rule designating service to be by the court or court administrator.
(3) Methods of Service

Except as otherwise provided in Chapter 5 concerning notice of the preliminary hearing, service shall be:

(a) in writing by

(i) personal delivery to the party’s attorney or, if unrepresented, the party; or
(ii) personal delivery to the party’s attorney’s employee at the attorney’s office; or
(iii) mailing a copy to the party’s attorney or leaving a copy for the attorney at the attorney’s office; or
(iv) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, when counsel has agreed to receive service by this method, leaving a copy for the party’s attorney in the box in the courthouse assigned to the attorney for service; or
(v) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party’s place of residence, business, or confinement; or
(vi) sending a copy by facsimile transmission or other electronic means if the party’s attorney, or the party if unrepresented, has filed a written request for this method of service as provided in paragraph (B)(3)(c); or
(vii) delivery to the party’s attorney, or the party if unrepresented, by carrier service; or
(b) orally in open court on the record.
(c) A party’s attorney, or the party if unrepresented, may request to receive service of court orders or notices pursuant to this rule by facsimile transmission or other electronic means by

(i) filing a written request for this method of service in the case or including a facsimile number or an electronic address on a prior legal paper filed in the case; or
(ii) filing a written request for this method of service to be performed in all cases, specifying a facsimile number or an electronic address to which these orders and notices may be sent.

The request for electronic service in all cases filed pursuant to paragraph (ii) may be rescinded at any time by the party’s attorney, or the party if unrepresented, by filing a written notice that service of orders and notices shall be accomplished as otherwise provided in this rule.

(d) In a judicial district that permits electronic filing pursuant to Rule 576.1, service of court orders or notices shall be made as provided in Rule 576.1(D)(2) and (H)(1).
(C) Docket Entries

(1) Docket entries promptly shall be made.
(2) The docket entries shall contain:

(a) the date of receipt in the clerk’s office of the order or court notice;
(b) the date appearing on the order or court notice; and
(c) the date of service of the order or court notice.
(D) Unified Practice

Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a party to file or serve orders or court notices.

234 Pa. Code ยง 114

Amended by Pennsylvania Bulletin, Vol 48, No. 06. February 10, 2018, effective 2/10/2018
Amended by Pennsylvania Bulletin, Vol 48, No. 19. May 12, 2018, effective 5/12/2018