Current through Register Vol. 54, No. 45, November 9, 2024
Section 213.78 - Correcting Data ErrorsSection 6.00.
A. A party to a case, or the party's attorney, seeking to correct a data error in an electronic case record shall submit a written request for correction to the court in which the record was filed.B. A request to correct an alleged error contained in an electronic case record of the Supreme Court, Superior Court, or Commonwealth Court shall be submitted to the prothonotary of the proper appellate court.C. A request to correct an alleged error contained in an electronic case record of the Court of Common Pleas, Philadelphia Municipal Court, or a Magisterial District Court shall be submitted and processed as set forth below. (1) The request shall be made on a form designed and published by the Administrative Office of Pennsylvania Courts.(2) The request shall be submitted to the clerk of courts if the alleged error appears in an electronic case record of the Court of Common Pleas or Philadelphia Municipal Court. If the alleged error appears in an electronic case record regarding a guardianship case, the request for correction shall be submitted to the clerk of the orphans' court division. The requestor shall also provide copies of the form to all parties to the case, the District Court Administrator, and the Administrative Office of Pennsylvania Courts.(3) The request shall be submitted to the Magisterial District Court if the alleged error appears in an electronic case record of the Magisterial District Court. The requestor shall also provide copies of the form to all parties to the case, the District Court Administrator, and the Administrative Office of Pennsylvania Courts.(4) The requestor shall set forth on the request form with specificity the information that is alleged to be in error and shall provide sufficient facts, including supporting documentation that corroborates the requestor's contention that the information in question is in error.(5) Within 10 business days of receipt of a request, the clerk of courts, clerk of the orphans' court division, or Magisterial District Court shall respond in writing to the requestor, all parties to the case, and the Administrative Office of Pennsylvania Courts, in one of the following manners: a. The request does not contain sufficient information and facts to adequately determine what information is alleged to be error; accordingly, the request form is being returned to the requestor; and no further action will be taken on this matter unless the requestor resubmits the request with additional information and facts.b. The request does not concern an electronic case record that is covered by this policy; accordingly, the request form is being returned to the requestor; no further action will be taken on this matter.c. it has been determined that an error does exist in the electronic case record and that the information in question has been corrected.d. it has been determined that an error does not exist in the electronic case record.e. The request has been received and an additional period not exceeding 30 business days is necessary to complete the review of this matter.(6) A requestor has the right to seek review of a final decision under subsection 5(a)-(d) rendered by a clerk of courts, clerk of the orphans' court division, or Magisterial District Court within 10 business days of notification of that decision. a. The request for review shall be submitted to the District Court Administrator on a form that is designed and published by the Administrative Office of Pennsylvania Courts.b. If the request for review concerns a Magisterial District Court's decision, it shall be reviewed by the judge assigned by the President Judge.c. If the request for review concerns a decision of a clerk of courts or a clerk of the orphans' court division, it shall be reviewed by the judge who presided over the case from which the electronic case record alleged to be in error was derived.The provisions of this §213.78 amended November 19, 2021, effective 1/1/2022, 51 Pa.B. 7411.