210 Pa. Code r. 121 - Filing and Service
(a)
Filing.-Papers required or permitted to be filed in an
appellate court shall be filed with the prothonotary. Filing may be
accomplished by mail addressed to the prothonotary, but except as otherwise
provided by these rules, filing shall not be timely unless the papers are
received by the prothonotary within the time fixed for filing. If an
application under these rules requests relief which may be granted by a single
judge, a judge in extraordinary circumstances may permit the application and
any related papers to be filed with that judge. In that event the judge shall
note thereon the date of filing and shall thereafter transmit such papers to
the clerk.
(b)
Service of
all papers required.-Copies of all papers filed by any party and not
required by these rules to be served by the prothonotary shall, concurrently
with their filing, be served by a party or person acting on behalf of that
party or person on all other parties to the matter. Service on a party
represented by counsel shall be made on counsel.
(c)
Manner of
service.-Service may be:
(1) by
personal service, which includes delivery of the copy to a clerk or other
responsible person at the office of the person served, but does not include
inter-office mail;
(2) by first
class, express, or priority United States Postal Service mail, which service is
complete upon mailing;
(3) by
commercial carrier with delivery intended to be at least as expeditious as
first class mail if the carrier can verify the date of delivery to it;
or
(4) by facsimile or e-mail with
the agreement of the party being served as stated in the certificate of
service.
(d)
Proof of service.-Papers presented for filing shall contain an
acknowledgement of service by the person served or proof of service certified
by the person who made service. Acknowledgement or proof of service may appear
on or be affixed to the papers filed. The clerk may permit papers to be filed
without acknowledgement or proof of service but shall require such to be filed
promptly thereafter.
(e)
Additional time after service by mail and commercial
carrier.-Whenever a party is required or permitted to do an act within
a prescribed period after service of a paper upon that party (other than an
order of a court or other government unit) and the paper is served by United
States mail or by commercial carrier, three days shall be added to the
prescribed period.
(f)
Date
of filing for incarcerated persons.-A pro se filing
submitted by a person incarcerated in a correctional facility is deemed filed
as of the date of the prison postmark or the date the filing was delivered to
the prison authorities for purposes of mailing as documented by a properly
executed prisoner cash slip or other reasonably verifiable evidence.
(g)
Hybrid
representation.-Where there is counsel of record, a party may file
only the following documents pro se:
(i) a notice of appeal;
(ii) a request to change or remove
counsel;
(iii) a response to a
motion to withdraw that has been filed by counsel of record;
(iv) a complaint that existing counsel has
abandoned the party; or
(v) an
application to file a petition for allowance of appeal nunc pro
tunc. Any other document that a party attempts to file pro
se will be noted on the docket but not accepted for filing. This rule
is not intended to provide an independent basis for jurisdiction where it does
not otherwise exist.
Notes
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