Rule 7109.1 - Electronic Filing of Mental Health Applications or Petitions(1)General Rule. (A) Except as otherwise provided by subsection (B) of this rule, parties shall file legal papers, including original process, with the Office of Judicial Records by means of electronic filing in any civil mental health matter filed pursuant to the Mental Health Procedures Act of 1976, as amended, and the within rule.(B) Notwithstanding subsection (A), appeals to appellate courts filed from orders issued by the Court pursuant to Petitions for Review of certification orders issued by Mental Health Review Officers cannot be filed electronically, but must be filed with the Office of Judicial Records in a paper format.(C) The filing party shall maintain the original paper copy of any legal paper that is electronically filed and shall file the original with the Office of Judicial Records if requested pursuant to Pa.R.C.P. No. 205.4(b)(2) (ii).(D) The Office of Judicial Records shall not maintain a paper file of any legal papers filed electronically pursuant to this rule.(2)File Date. Acceptance By Office of Judicial Records. The Office of Judicial Records shall provide electronic access at all times; however, legal papers submitted electronically shall be deemed "filed" after they are reviewed and accepted by the Office of Judicial Records. Electronically filed document will be reviewed and accepted for filing during normal business hours only. The Office of Judicial Records shall electronically provide a filing status message to the filing party setting forth the "filed" date and time. A filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the Office of Judicial Records. See Pa.R.C.P. No. 205.4(e)(2).
(3)Scheduling of Hearing. Upon filing of the application or petition, a hearing shall be scheduled consistent with the dictates of the Mental Health Procedures Act.(4)Service of Pleading and Scheduling Order. After the application or petition is verified and accepted and a hearing date scheduled, the Office of Judicial Records shall notify all parties that the application was filed and is available, and further that a scheduling order was entered. This notification shall constitute service of the application or petition on all parties, and service of the scheduling order as required by Pa.R.C.P. No. 236.(5)Orders. Upon conclusion of the hearing, the Mental Health Review Officer shall enter an appropriate order electronically. An electronic copy of the order shall be e-mailed or made available electronically to all parties through the Mental Health Electronic Filing System. Participation in the Electronic Filing System and the electronic availability of the orders as provided herein shall constitute compliance with Pa.R.C.P. No. 236.(6)Website. The Office of Judicial Records web site, and the Mental Health System, may be found at the following website address: http://courts.phila.gov, or at such other site as may be designated from time to time. The Office of Judicial Records shall provide electronic access at all times; however, the electronically filed document will be reviewed and accepted for filing during normal business hours only. The time and date of the filing and receipt shall be as set forth above.(7)Authorized Users. The Civil Mental Health Electronic Filing System shall be accessible to attorneys and other parties with the prior approval of the Office of Judicial Records. An appropriate user name and password will be provided, and specific software may also be required.(8)Fees. The Office of Judicial Records shall impose an automation fee of $5.00 per Mental Health Application or Petition filed, together with any other requisite filing fees. All Petitions and Applications not filed with the Office of Judicial Records electronically after the implementation date of this rule shall be subject to both the automation fee and the requisite filing fee. The President Judge may waive all or any portion of the filing fee and automation fee. The funds generated by the automation fee shall be set aside by the Office of Judicial Records and remitted monthly to the First Judicial District's Procurement Unit, and shall be used for, but not limited to, the development, training, implementation and maintenance of the electronic filing system for the Philadelphia Court of Common Pleas. The procedure for payment of the fees and costs of the Office of Judicial Records shall be set forth on the Office of Judicial Records' website. Adopted November 16, 2001; effective 1/1/2002.