More Categories

Rule 576 – Filing and Service by Parties

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) FILING

(1) All written motions and any written answers, and any notices or documents for which filing is required, shall be filed with the clerk of courts.
(2) Filing shall be :

(a) by personal delivery to the clerk of courts;
(b) by mail addressed to the clerk of courts. Except as provided by law, filing by mail shall be timely only when actually received by the clerk of courts within the time fixed for filing; or,
(c) in a judicial district that permits electronic filing pursuant to Rule 576.1, as provided in Rule 576.1 (E).
(3) The clerk of courts shall accept all written motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to paragraph (A)(1), is received by the clerk of courts, the clerk shall time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and promptly shall place the document in the criminal case file.
(4) In any case in which a defendant is represented by an attorney, if the defendant submits for filing a written motion, notice, or document that has not been signed by the defendant’s attorney, the clerk of courts shall accept it for filing, time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and place the document in the criminal case file. A copy of the time stamped document shall be forwarded to the defendant’s attorney and the attorney for the Commonwealth within 10 days of receipt.
(5) If a defendant submits a document pro se to a judge without filing it with the clerk of courts, and the document requests some form of cognizable legal relief, the judge promptly shall forward the document to the clerk of courts for filing and processing in accordance with this rule.
(6) Unified Practice

Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring that a document has to be presented in person before filing or requiring review by a court or court administrator before a document may be filed.

(B) SERVICE

(1) All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the court administrator concurrently with filing.
(2) Service on the parties shall be by:

(a) personal delivery of a copy to a party’s attorney, or the party if unrrepresented; or
(b) personal delivery of a copy to the party’s attorney’s employee at the attorney’s office; or
(c) mailing a copy to a party’s attorney or leaving a copy for the attorney at the attorney’s office; or
(d) 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 attorney in the attorney’s box; or
(e) 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
(f) sending a copy by facsimile transmission or other electronic means if the party’s attorney, or the party if unrepresented, has made a written request for this method of service for the document; or
(g) delivery to the party’s attorney, or the party if unrepresented, by carrier service.
(3) Service on the court administrator shall be by:

(a) mailing a copy to the court administrator; or
(b) in those judicial districts that maintain in the courthouse assigned boxes for the court administrator to receive service, leaving a copy for the court administrator in the court administrator’s box; or
(c) leaving a copy for the court administrator at the court administrator’s office; or
(d) sending a copy to the court administrator by facsimile transmission or other electronic means if authorized by local rule; or
(e) delivery to the court administrator by carrier service.
(4) Certificate of Service

(a) All documents that are filed and served pursuant to this rule shall include a certificate of service.
(b) The certificate of service shall be in substantially the form set forth in the Comment, signed by the party’s attorney, or the party if unrepresented, and shall include the date and manner of service, and the names, addresses, and phone numbers of the persons served.
(5) In a judicial district that permits electronic filing pursuant to Rule 576.1, service shall be made as provided in Rule 576.1(D)(2) and (H)(1).
(C) Any non-party requesting relief from the court in a case shall file the motion with the clerk of courts as provided in paragraph (A), and serve the defendant’s attorney, or the defendant if unrepresented, the attorney for the Commonwealth, and the court administrator as provided in paragraph (B).

234 Pa. Code ยง 576

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