237 Pa. Code § 1345

Current through Register Vol. 54, No. 25, June 22, 2024

Rule 1345 - Filing and Service

A.Filings.

1)Generally. Except as otherwise provided in these rules, all written motions, and any notice or document for which filing is required, shall be filed with the clerk of courts.

2)Clerk of Courts' Duties. Except as provided in paragraph (A)(3), the clerk of courts shall docket a written motion, notice, or document when it is received and record the time of filing in the docket. The clerk of courts promptly shall transmit a copy of these papers to such person as may be designated by the court.

3)Filings by Represented Parties. In any case in which a party is represented by an attorney, if the party submits for filing a written motion, notice, or document that has not been signed by the party's attorney, the clerk of courts shall not file the motion, notice, or document in the child's official court record or make a docket entry, but shall forward it promptly to the party's attorney.

4)Method of Filing. Filing may be accomplished by:

a) personal delivery to the clerk of courts;

b) mail addressed to the clerk of courts, provided, however, that filing by mail shall be timely only when actually received by the clerk within the time fixed for filing; or

c) in a judicial district that permits electronic filing pursuant to Rule 1205, as provided in Rule 1205(E).

B.Service.

1)Generally. The party filing the document shall serve the other party concurrently with the filing.

2)Method ofService to Parties. Service on the parties shall be:

a) by personal delivery of a copy to a party's attorney, or, if unrepresented, the party;

b) by mailing a copy to a party's attorney or leaving a copy for the attorney at the attorney's office;

c) in a judicial district that maintains in the courthouse assigned boxes for counsel to receive service, by leaving a copy for the attorney in the attorney's box;

d) by sending a copy to an unrepresented party by first class mail addressed to the party's place of residence;.

e) as provided in Rule 1205(D)(2) and (H)(1) in a judicial district that permits electronic filing pursuant to Rule 1205.

C.Proof of Service. All documents that are filed and served pursuant to this rule shall include a certificate of service.

237 Pa. Code § 1345

The provisions of this Rule 1345 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended December 12, 2019, effective 6/1/2020, 49 Pa.B. 7573.