Appellate Court Overrules Trial Court's Application of Archaic Local Rule

The Superior Court has ruled against another archaic local rule in its recent decision in the case of Biros v. U Lock, Inc., No. 113 WDA 2024 (Pa. Super. Aug. 1, 2025 Lazarus, P.J., Bowes, J., and King, J.) (Op. by Lazarus, P.J.).

In this matter, the court vacated the trial court Order out of the Common Pleas of Westmoreland County in which the trial court had denied, with prejudice, an appellant’s Motion to file her Pa. R.A.P. 1925(b) Concise Statement of Errors Complained of on Appeal, nunc pro tunc.  

The appellate court noted that the appellant had timely filed her Notice of Appeal but her otherwise compliant electronic filing was rejected by a County Prothonotary pursuant to a local rule of court requiring that notices of appeal be filed in person or by mail.  

The appellate court further held that the trial court lacked jurisdiction to deny the appellant’s Motion to Leave to File a Rule 1925(b) Statement while the appellant’s Petition for Allowance of Appeal to the Supreme Court of Pennsylvania remain pending.  

The Superior Court noted that, Pa. R.C.P. 205.4(e)(2) bars any refusal of an otherwise compliant pleading for filing based upon a requirement of a local rule pertaining to the electronic filing of legal papers.  The court found that Westmoreland County’s requirement that notices of appeal could be filed only in person or by mail was such a local rule. 

Accordingly, the appellate court ruled that the appellant’s initial filing was properly and timely filed and was sufficient to initiate the appeal.  

As such, the appellate court vacated the trial court’s Order and remanded the case for further proceedings.  

Anyone wishing to review a copy of this decision may click this LINK.

Source:  The Legal Intelligencer State Appellate Case Alert, www.Law.com (Aug. 19, 2025).

Source of image: Photo by Priyank V on www.unsplash.com.

IN EFFECT NOW: The Public Access Policy of the Unified Judicial System of Pennsylvania

Effective today, January 8, 2018, the Public Access Policy of the Unified Judicial System of Pennsylvania will require attorneys to file a certification, with every document filed with the court, that confirms that sensitive, private, and/or confidential information has been redacted from the document.

The certification that shall accompany each filing is required to be in substantially the following form:

"I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania:  Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents."


Also, if confidential information is contained within the court filing, or in documents attached to the court filing, other documents noted below will have to be filed as well.


Here is a LINK to the Public Access Policy of the Unified Judicial System of Pennsylvania:  Case Records of the Appellate and Trial Courts.

Here is a LINK to the "Explanatory Report" on the Public Access Policy of the Unified Judicial System of Pennsylvania.

Here is a LINK to the Confidential Information Form which shall be filed whenever a party is required to submit documents or filings containing confidential information with the court filing.

Here is a LINK to a Confidential Document Form which is required to be filed whenever documents attached to the filing contain confidential information that should be shielded from the public.

STUFF YOU GOTTA KNOW

With the Pennsylvania state court systems gradually moving over into the digital age, the Administrative Office of Pennsylvania Courts (AOPC) has taken steps to address the need to protect individuals from identity theft and from disclosure of private information.

Effective this upcoming January 8th, the Public Access Policy of the Unified Judicial System of Pennsylvania will require attorneys to file a certification, with every document filed with the court, that confirms that sensitive, private, and/or confidential information has been redacted from the document.

The certification that shall accompany each filing is required to be in substantially the following form:

"I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania:  Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents."


Also, if confidential information is contained within the court filing, or in documents attached to the court filing, other documents noted below will have to be filed as well.


Here is a LINK to the Public Access Policy of the Unified Judicial System of Pennsylvania:  Case Records of the Appellate and Trial Courts.

Here is a LINK to the "Explanatory Report" on the Public Access Policy of the Unified Judicial System of Pennsylvania.

Here is a LINK to the Confidential Information Form which shall be filed whenever a party is required to submit documents or filings containing confidential information with the court filing.

Here is a LINK to a Confidential Document Form which is required to be filed whenever documents attached to the filing contain confidential information that should be shielded from the public.

Electronic Filing of Record on Appeals Now Allowed

The Pennsylvania Supreme Court has issued a November 13, 2015 Order, effective immediately, allowing for the electronic filing, transmission, and/or remand of a record on an appeal.

Here is a LINK to the Order.

Pennsylvania Supreme Court Allows for Electronic Filing of Appellate Documents

Here is a link to the Pennsylvania Supreme Court Order issued on October 24, 2012 allowing for the electronic filing of appellate documents as of November 1, 2012:

http://www.pacourts.us/OpPosting/Supreme/out/389jad.pdf

 

It appears from the Order that the electronic filing of documents in the Pennsylvania appellate courts is currently permissive and not mandated.  The Order indicates that, after a trial period, there may be an amendment to the Pennsylvania Rules of Appellate Procedure for more specific procedures with respect to these types of filings.