(A) Filing
(1) All orders and court notices promptly
shall be transmitted to the clerk of courts' office for filing. Upon receipt in
the clerk of courts' office, the order or court notice promptly shall be time
stamped with the date of receipt.
(2) All orders and court notices promptly
shall be placed in the criminal case file.
(B) Service
(1) A copy of any order or court notice
promptly shall be served on each party's attorney, or the party if
unrepresented.
(2) The clerk of
courts shall serve the order or court notice, unless the president judge has
promulgated a local rule designating service to be by the court or court
administrator.
(3) Methods of
Service
Except as otherwise provided in Chapter 5 concerning notice
of the preliminary hearing, service shall be:
(a) in writing by
(i) personal delivery to the party's attorney
or, if unrepresented, the party; or
(ii) personal delivery to the party's
attorney's employee at the attorney's office; or
(iii) mailing a copy to the party's attorney
or leaving a copy for the attorney at the attorney's office; or
(iv) 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
party's attorney in the box in the courthouse assigned to the attorney for
service; or
(v) 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
(vi) sending a copy by facsimile transmission
or other electronic means if the party's attorney, or the party if
unrepresented, has filed a written request for this method of service as
provided in paragraph (B)(3)(c); or
(vii) delivery to the party's attorney, or
the party if unrepresented, by carrier service; or
(b) orally in open court on the
record.
(c) A party's attorney, or
the party if unrepresented, may request to receive service of court orders or
notices pursuant to this rule by facsimile transmission or other electronic
means by
(i) filing a written request for this
method of service in the case or including a facsimile number or an electronic
address on a prior legal paper filed in the case; or
(ii) filing a written request for this method
of service to be performed in all cases, specifying a facsimile number or an
electronic address to which these orders and notices may be sent.
The request for electronic service in all cases filed
pursuant to paragraph (ii) may be rescinded at any time by the party's
attorney, or the party if unrepresented, by filing a written notice that
service of orders and notices shall be accomplished as otherwise provided in
this rule.
(d) In
a judicial district that permits electronic filing pursuant to Rule
576.1, service of court orders or
notices shall be made as provided in Rule
576.1(D)(2) and
(H)(1).
(C) Docket Entries
(1) Docket entries promptly shall be
made.
(2) The docket entries shall
contain:
(a) The date of receipt in the
clerk's office of the order or court notice;
(b) The date appearing on the order or court
notice; and
(c) The date of service
of the order or court notice.
(D) Unified Practice
Any local rule that is inconsistent with the provisions of
this rule is prohibited, including any local rule requiring a party to file or
serve orders or court notices.
Notes
The provisions
of this Rule 114 amended March 3, 2004, effective 7/1/2004, 34 Pa.B. 1547; amended August 24,
2004, effective 8/1/2005, 34
Pa.B. 5016; amended July 20, 2006, effective 9/1/2006, 36 Pa.B. 4172; amended September 18,
2008, effective 2/1/2009, 38
Pa.B. 5425; amended December 6, 2010, effective 2/1/2011, 40 Pa.B. 7336; amended January 25,
2018, effective 5/1/2018, 48
Pa.B. 856 and 48 Pa.B. 2759.
