Rule 205.4 - Electronic Filing and Service of Legal Papers(a)(1) Beginning on the date established by the President Judge by Administrative Order, parties shall file all "legal papers" as defined by Pa.R.C.P. No. 205.4(a)(2), with the Prothonotary through the Berks County Electronic Filing System "EFS" as more specifically provided here and in Pa.R.C.P. No. 205.4. Explanatory Note: The term "legal paper" as defined in Pa.R.C.P. No. 205.4(a)(2) encompasses all pleadings and other papers filed with the Prothonotary, including exhibits and attachments - even if the legal papers are not adversarial in nature and do not require the non-filing party or parties to respond.
(2) As used in this rule, the following words shall have the following meanings: CMS (Case Management System): A Court case management system manages the receipt, processing, storage and retrieval of data associated with a case and performs actions on the data.
Electronic Filing (E-Filing): The electronic transmission, acceptance, and processing of a filing. A submission consists of data, one or more documents, and/or images. The definition of electronic filing does not apply to facsimile or e-mail.
(b)(1) Authorized Electronic Format of Legal Papers Electronically Filed. All legal papers shall be filed in a portable document format ("pdf") or other format as may from time to time be established for electronic filing. A paper presented for filing in hard copy or in a format other than the required format shall be converted to the required format and maintained by the Prothonotary in that format pursuant to Pa.R.C.P. No. 205.4(b)(1)....(c)(2) Website. Access to the Website (i) Website. All legal papers shall be filed electronically through the Berks County Electronic Filing System "EFS" which shall be accessible through the County of Berks website, www.co.berks.pa.us, or at such other website as may be designated from time to time. (ii) Use of the EFS shall be in accordance with the User Manual.(iii) Access to the Website. To obtain access to the Berks County Electronic Filing System, counsel and any unrepresented party must apply for and receive a User Name, Password, and Personal Identification Number ("PIN"). (iv) Registered users shall be individuals, and not law firms, agencies, corporations, nor other groups. (v) User access may be suspended to prevent fraud, to maintain security of the system and network, to prevent an unacceptable level of congestion, or to prevent a disruption to the EFS or another user. . . . (d)(1) Payment of Filing Fees The Prothonotary will accept filing fees through PayPal or as set forth in the User Manual. The Prothonotary will not accept advance deposits for future filings. . ..
(f)(1) Filing Status Messages (i) Upon receipt of the legal paper, the Prothonotary shall provide the filing party with an acknowledgment, which includes the date and time the legal paper was received by the Berks County Electronic Filing System. (ii) After review of the legal paper, the Prothonotary shall provide the filing party with e-mail notification, or notification on the Berks County Electronic Filing System, that the legal paper has been accepted for filing ("filed") or refused and not accepted for filing.(2) When an electronic document is accepted, the electronic document is the official record, except for documents containing a raised seal. Documents containing a raised seal shall be filed electronically, and the original with the raised seal shall be filed with the prothonotary's office as the official record. (i) If a document filed in paper format is digitized, recorded, scanned orotherwise reproduced into an electronic record, document or image, the electronic record, document or image is the official record except for documents with raised seals. (ii) Once a paper document is digitized, recorded, scanned or otherwise reproduced into an electronic record, document or image, the paper document may then be destroyed by the Prothonotary, unless the document is required to be preserved by law or order of court. . ..(3) Signatures and Verifications (i) The electronic filing of legal papers utilizing the User Name, Password and PIN issued as provided by this rule and Pa.R.C.P. No. 205.4, constitutes the party's signature on electronic documents as provided by Pa.R.C.P. No. 1023.1 and, if the filing party is an attorney, constitutes a certification of authorization to file it as provided in Pa.R.C.P. No. 205.1. Additionally, the following provisions apply: (ii) Filing Party. The legal paper must include a signature block, and the name of the filer under whose User ID, Password and PIN the legal paper is submitted. The legal paper may be submitted with the filer's scanned signature or "/s/" and the filer's name typed in the space where the signature would otherwise appear on the legal paper. If an attorney is the filing party, the Pennsylvania Supreme Court Attorney Identification number must be included under the signature line. The correct format for an attorney signature is as follows:
/s/ ATTORNEY NAME
PA Supreme Court ID #
Attorney for (Plaintiff/Defendant) XYZ Corporation
ABC Law Firm
ADDRESS
TELEPHONE NUMBER
E-MAIL ADDRESS
FAX NUMBER
(iii) An authorized electronic filer must not allow their user name and password to be used by anyone other than an agent who is authorized by the electronic filer.(iv) Electronic filers shall notify the Prothonotary's Office immediately by calling 610-478-6970 if there has been any unauthorized use of their EFS user name and password. (v) Client Verifications and Documents Executed By Clients or Other Persons. The Verification required by Pa.R.C.P. No. 206.1 and Pa.R.C.P. No. 1024 and the signature page(s) of any document or legal paper executed by any party other than the filing party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted. (vi) Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.(vii) The original of a sworn or verified document that is electronically filed (e.g. affidavit) or is contained with an electronic filing (e.g. verification) shall be maintained by the electronic filer and made available upon direction of the court or reasonable request of the signatory or opposing party. Note: This subsection is designed to address issues which may arise regarding signatures on legal papers and documents. A filer's use of the User Name, Password and PIN issued through the Berks County Electronic Filing System is the filer's "electronic signature". However, legal papers often require verifications executed by non-filers. In addition, many legal papers or documents require multiple signatures. Deficiencies in content and execution could be subject to preliminary objections. In order to avoid prejudicial delay, this section requires that the filing party scan such legal papers, documents or signature pages and include them as part of the electronic filing at the time of submission. Original signed copies should be kept as provided for in Pa.R.C.P. No. 205.4(b)(4).
(4) Electronic Filing Fees and Costs (i) The Prothonotary shall collect an electronic filing fee for each legal paper or exhibit filed as established by the Prothonotary with the approval of the President Judge of the Berks County Court of Common Pleas.(ii) In addition to such electronic filing fee, the Prothonotary is authorized to charge a fee as set from time to time for each page of a legal paper or exhibit which is filed in hard copy format and which must be converted to the required format. (iii) All fees collected pursuant to this rule shall be set aside by the Prothonotary and remitted monthly to the Berks County Treasurer's Office. (iv) All such fees and costs collected will be used for the implementation and maintenance of the Berks County Electronic Filing System "EFS" and additional development, enhancements and training.(v) Electronic filers shall alert the EFS to any payment errors within forty-five (45) days of the payment date by calling the Prothonotary's Office at 610-478-6970. (5) Other Procedures Necessary to the Operation of a System of Electronic Filing (i) If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by the Berks County Electronic Filing System; provided, however, that if a legal paper is submitted without the requisite fee, the legal paper shall be deemed to have been accepted for filing as of the date payment was received. The Prothonotary is authorized to refuse for filing a legal paper submitted without the requisite payment. If the pleading or legal paper other than original process is accepted for filing, it will be electronically served as authorized by Pa.R.C.P. No. 205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4(g)(2)(ii). (ii) Termination Notice. In addition to the procedures set forth in Pa. R.C.P. No. 230.2, in cases where a party is a registered user of the Berks County Electronic Filing System, notice of proposed termination may also be electronic. (iii) An electronic filer is not required to file any paper copies unless specifically required by the court.(iv) An electronic filer is not required to file multiple copies of documents as specified elsewhere in these local rules.(v) Electronic filing is permitted at all times when the EFS is available. If the EFS is unavailable at the time a registered user attempts to file a document, the registered user shall make reasonable efforts to file the document as soon as the unavailability ends. (vi) If a registered user believes the unavailability of the EFS prevented a timely filing to the party's prejudice, the registered user may submit a motion to the court within ten (10) days of the registered user's unsuccessful attempt to file the document. The motion shall state the date and time of the first unsuccessful attempt to file the document electronically, the date(s) and time(s) of any subsequent attempts to file the document electronically, and why the delay was prejudicial.(vii) The filing deadline for any document filed electronically is 11:59:59 p. m. EST/EDT. (viii) Documents with Attachments. Attachments, including exhibits, that are part of any filing, shall be filed electronically at the same time as the document.(ix) Pleadings seeking judicial action such as Proposed Orders or scheduling orders shall be filed as separate documents within the same electronic filing as the Motion or Petition they pertain to.(x) An attachment or exhibit that exceeds the technical standards for the EFS or is unable to be electronically filed must be filed as ordered by the court. A Notice of Exhibit Attachment shall be filed in the EFS referencing such an exhibit with specificity and stating the reason why the exhibit was not filed electronically.(xi) The Court may, on its own motion or for good cause shown, order a filing be made under seal. Filings requested to be made under seal shall be submitted to the Prothonotary's Office over the counter rather than through EFS. (xii) Sealed or confidential documents may be submitted for electronic filing in a manner that maintains confidentiality under applicable law.(xiii) All filings shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania; Case Records of the Appellate and Trial Courts which can be found at the Administrative Office of Pennsylvania Courts website www.pacourts.us as well as on the Berks County Court website www.co.berks.pa.us and with Berks County Rule of Judicial Administration 510. Confidential data may be collected on the EFS so that the data can be viewed by authorized personnel while being protected from public view. (xiv) Family Court documents shall be confidential and shall not be viewable in CMS by the public without an Order of Court.Note: Attorneys and litigants who file documents are required to comply with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.
(g)(2) Service by Electronic Transmission (i) The electronic filing of a legal paper does not satisfy the filing party's obligation under the Pennsylvania Rules of Civil Procedure or the Berks County Rules of Civil Procedure to serve the legal paper on all parties to the litigation or on the Court. (ii) Service of subsequent pleadings other than orders shall be made by the filing party to all other parties. Service of orders shall be made to registered EFS users by the Prothonotary's Office by e-mail notification or mail as elected by the EFS user and to all others by mail.(h) Civil and Family Court Cover Sheets will not be required in EFS cases because any required data will be collected through the EFS for transmission to the Administrative Office of Pennsylvania Courts as required by Pa.R.C.P. No. 205.5(e).Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.