Filings in Civil (Non-Criminal) Cases in Pennsylvania
Federal courts in Pennsylvania have required electronic filing for decades, going so far as to fine litigants $150 for trying to file a civil claim — or written defense — in person. This applies to all civil claims for
- negligence — car accident, serious fall, property damage),
- breach of contract — non-payment of debt, construction dispute, etc., or
- or trade secret or non-compete disputes.
But what about PA state court cases? Is electronic filing an option? Is it required?
Each County is Different: Some Do, Some Don’t
Perhaps you’re not a lawyer.
Or, maybe you’re a lawyer (but not admitted in PA) and you’re wondering what local counsel would do. Possibly, you know the federal rules, but what the heck is done in state court? We’ve got you covered. Truth is, it depends on the County. In fact, some counties in PA facilitate online filing. That said, some don’t and only accept filings in person.
Each Pittsburgh lawyer at our firm practiced mainly in Western PA so we’ll highlight certain counties:
- Allegheny County – where Pittsburgh is located — has allowed for electronic filing for 10+ years.
- Beaver County; their website provides no clear path for filing online. As such, filing should be done in person or by mailing your claim or defense to the Prothonotary in Beaver County.
- Butler County allows you to see filings online efficiently, but it’s not clear how new filings are done online at least per the Butler County Prothonotary website, so filings can — and likely should — be done in person or by mailing papers to the Prothonotary.
When Electronic Filing is Required in PA State Courts
Pennsylvania has promulgated Pa.R.Civ.P. 239.9(a), which provides:
“If a court permits or requires the electronic filing of legal papers with the Department of Court Records, the court must promulgate a local rule designated Local Rule 205.4 which sets forth in detail the practice and procedure to file a legal paper electronically and includes the matters set forth in this rule.”
Sounds basic, huh?
However, Allegheny County interprets Pa.R.Civ.P. 239.9(a) to let Allegheny County require nearly all civil claims and defenses to be filed electronically, only. In fact, Allegheny County (Pittsburgh), the Department of Court Records (or “DCR”) requires nearly all filings to occur electronically. In fact, there exist only a few narrow exceptions to online filing. The narrow exceptions include:
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- A petition for a name change,
- Cases filed “under seal” (rare), or
- Claims for possession of residential property (evictions) filed as appeals from a decision from a magistrate.
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Otherwise, your trip to filing something in person Allegheny Count may amount to waste of time.
Let’s Get Started!
Our Pittsburgh attorneys remain available to assist with any civil litigation claim or defense in Western Pennsylvania.
412.342.0992
