Court of Common Pleas of Lehigh County, Pennsylvania Electronic Filing Rules

CRITICAL

For an Incapacitated Person submission, start a new Orphans’ Court case in the Family category, select Incapacitated Person’s Settlement, enter the specified party information, select the stated filing code, and upload the petition, exhibits, and proposed order.

 Select a “Start A New Case”  Select “Orphans’ Court” as the Location  Select “Family” as the Category  Select “Incapacitated Person’s Settlement” as Case Type  In Party Information section: • Enter name of the Guardian of the Estate “Petitioner” • Enter name of the incapacitated plaintiff/person as the “Alleged Incapacitated Person”  Select Draft Petition Settlement Incapacitated Person as the Filing Code.  Upload the petition, exhibits and proposed order

CRITICAL

Complete the Case Information, Party Information, and Filings sections, selecting Orphans’ Court as the location, Family as the category, and a case type from the menu.

Complete the Case Information Section by selecting “Orphans’ Court” as the Location: and “Family” as the Category, and selecting a Case Type from the dropdown menu then complete the Party Information Section and the Filings Section

CRITICALCivil cases

Applies to

Legal papers

Legal papers are electronically filed through Odyssey File and Serve at the stated website.

The website for electronically filing legal papers through the Court’s electronic filing application known as “Odyssey File and Serve” (hereafter, “OFS”) is: https://pennsylvania.tylertech.cloud/ofsweb

CRITICALCivil cases

Applies to

Motion

A motion for special service must be electronically filed.

The motion is electronically filed.

CRITICAL

The specified Petition for Adjudication/Statement of Proposed Distribution must be filed as a separate lead document in the same envelope.

“Petition for Adjudication/Statement of Proposed Distribution (OC Forms OC-01 through OC-05)” must be filed as a separate lead document in the same envelope

CRITICAL

Applies to

Legal papers

The rule identifies written motions, answers, notices, and other filed or permitted documents, including orders and attachments, for electronic filing, with listed exceptions and specified alternative submission methods for continuance applications and notices of appeal.

The legal papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders and attachments, except for the following: (i) submissions filed ex parte as authorized by law; (ii) exhibits offered into evidence, whether or not admitted in a court proceeding; and (iii) applications for continuance; and, (1) Applications for continuance for dependency cases can be submitted to Court Administration via facsimile at 610-871- 2779, via email at CAHelp@lehighcounty.org, or in person. (iv) notice of appeals. (1) Notice of Appeals for dependency cases can be submitted to the Clerk of Courts in person, or by mail with appropriate filing fees; or via email at COJRMotions- Orders@lehighcounty.org if the filing fee has been waived.

CRITICALCivil cases

Counsel and unrepresented parties must apply for and receive a username and password to access the Electronic Filing System.

To obtain access to the Electronic Filing System, counsel and any unrepresented party must apply for and receive a User Name and Password.

CRITICALCriminal cases

Applies to

Legal papers

(1)(a) The legal papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders and attachments, except for the following: (i) applications for search warrants; (ii) applications for arrest warrants; (iii) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment; (iv) submissions filed ex parte as authorized by law; (v) submissions filed or authorized to be filed under seal; (vi) exhibits offered into evidence, whether or not admitted in a court proceeding; and

(1)(a) The legal papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders and attachments, except for the following: (i) applications for search warrants; (ii) applications for arrest warrants; (iii) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment; (iv) submissions filed ex parte as authorized by law; (v) submissions filed or authorized to be filed under seal; (vi) exhibits offered into evidence, whether or not admitted in a court proceeding; and

CRITICALCivil cases

Applies to

Legal papers

Beginning January 1, 2023, legal papers in Orphans’ Court cases must be e-filed, except Guardians’ Inventories and Annual Reports, which may be filed on paper or through GTS.

Effective January1, 2023, the Orphans’ Court Division of the Court of Common Pleas of Lehigh County (hereafter, “the Court”), mandates the electronic filing of legal papers in all Orphans’ Court cases, with the exception of Guardians’ Inventories, pursuant to 20 Pa.C.S.A. §§5142 and 5541(b) and Guardians’ Annual Reports pursuant to 20 Pa.C.S.A. §5521(c)(i) and (ii), which may be filed in paper form with the Court, or filed through the AOPC’s Guardianship Tracking System (“GTS”).

CRITICALCivil cases

Applies to

Legal papers

Beginning January 1, 2023, papers regarding grants of letters and inheritance tax returns must be e-filed, while Wills and Codicils must also be filed on paper.

Effective January 1, 2023, the Clerk of Judicial Records of Lehigh County - Register of Wills Division (hereafter, “Register of Wills”), mandates the electronic filing of legal papers regarding the grant of letters and inheritance tax returns, provided however that testamentary writings (Wills and Codicils) must also be filed in paper form.

CRITICAL

Civil Settlement Petitions and Orphans’ Court Settlement Petitions must be electronically submitted through OFS for Orphans’ Court review.

All Civil Settlement Petitions as well as Orphans’ Court Settlement Petitions must be electronically submitted through OFS for Orphans’ Court review as follows:

CRITICAL

Minor’s, Decedent’s, and Incapacitated Person’s Settlement Petitions must be submitted for review before filing.

Minor’s, Decedent’s and Incapacitated Person’s Settlement Petitions required to be submitted for review before filing pursuant to Leh. R.C.P. 2039, 2206 and 2056.

CRITICALCivil cases

Applies to

Legal papers

Electronic filing and electronic service of legal papers are mandatory in civil cases, and are also mandatory in custody and divorce matters effective January 1, 2020, except Protection From Abuse and Domestic Relations cases.

In accordance with Pa. R. C. P. No.239.9, the Lehigh County Court of Common Pleas mandates the electronic filing of legal papers in Civil cases and the electronic service of such papers effective March 19, 2018, and mandates the electronic filing of legal papers in Family cases (i.e. custody and divorce matters), with the exception of Protection From Abuse and Domestic Relations cases, and the electronic service of such papers effective January 1, 2020 as specifically defined within this rule.

CRITICALCivil cases

Applies to

Legal papers

The rule's electronically filed legal papers include civil, custody, and divorce cases, but exclude Domestic Relations, Protection from Abuse, and Orphans’ Court matters.

In the context of this rule, “legal papers”, which shall be filed electronically shall be in all civil, custody and divorce cases, but not including Domestic Relations, Protection from Abuse cases or Orphans’ Court matters.

CRITICAL

For a Minor’s Compromise submission, start a new Orphans’ Court case in the Family category, select Minor’s Settlement, enter the specified party information, select the stated filing code, and upload the petition, exhibits, and proposed order.

 Select a “Start A New Case”  Select “Orphans’ Court” as the Location  Select “Family” as the Category  Select “Minor’s Settlement” as Case Type  In Party Information section: • Enter full name of minor’s parent/guardian as “Petitioner” • Enter Minor’s initials and full name  Select Draft Petition Settlement Minor’s Comp as the Filing Code.  Upload the petition, exhibits and proposed order.

CRITICAL

File the listed proof-of-compliance documents in Orphans’ Court, not the Civil Division, using the applicable settlement case type and OC number and one of the listed filing codes.

File in Orphan’s Court (NOT in Civil Division) using the Minor’s Settlement case type and OC number, or the Death Case Settlement case type and OC number, by selecting from the following Filing Codes:  Affidavit of Deposit of Minor’s Funds  Attorney’s Certificate of Compliance re Deposit of Minor’s Funds  Parent/Guardian’s Certification of Establishment of Restricted Account For Minor  Proof of Purchase of Annuity

CRITICAL

Applies to

Legal papers

The legal papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders and attachments, except for the following: (i) applications for search warrants; (ii) applications for arrest warrants; (iii) exhibits offered into evidence, whether or not admitted in a court proceeding; (iv) submissions filed ex parte as authorized by law; (v) written allegations of delinquency; (vi) applications for continuance; and (vii) notice of appeals.

The legal papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders and attachments, except for the following: (i) applications for search warrants; (ii) applications for arrest warrants; (iii) exhibits offered into evidence, whether or not admitted in a court proceeding; (iv) submissions filed ex parte as authorized by law; (v) written allegations of delinquency; (vi) applications for continuance; and (vii) notice of appeals.

CRITICAL

An Application for Listing on a scheduled Audit List must be filed as a separate lead document in the same envelope.

“Application for Listing” on a scheduled Audit List must be filed as separate lead document in the same envelope

CRITICALCivil cases

All parties and counsel must register for OFS with a username and password, supply a valid email address, and create an account for paying filing fees.

To use the OFS system all parties and counsel must register User Name and Password by supplying a valid email address and creating an account for payment of filing fees.

CRITICAL

After Orphans’ Court review, use the specific filing codes in the Settlement Case Management Order’s directions to formally file the settlement petition and proposed order.

Upon completion of Orphans’ Court review, Settlement Case Management Order are issued with Directions that include specific filing codes to be used to formally file the settlement petition and proposed order

CRITICAL

For a Death Case submission, start a new Orphans’ Court case in the Family category, select Death Case Settlement, enter the specified party information, select the stated filing code, and upload the petition, exhibits, and proposed order.

 Select a “Start A New Case”  Select “Orphans’ Court” as the Location  Select “Family” as the Category  Select “Death Case Settlement” as Case Type  In Party Information section: • Enter name of Executor/Administrator as the Petitioner • Enter full name of Decedent  Select Draft Petition Settlement Death Case as the Filing Code.  Upload the petition, exhibits and proposed order

CRITICALCriminal cases

Applies to

Notice of appeal

Criminal notices of appeal may be submitted in person or by mail with the required fee, or by email if the fee has been waived.

Notice of Appeals for criminal cases can be submitted to the Clerk of Courts in person, or by mail with appropriate filing fees; or via email at COJRMotions-Orders@lehighcounty.org if the filing fee has been waived.

CRITICALCivil cases

Applies to

Legal papers

Legal papers must be filed electronically through the Civil Division Clerk's Odyssey Electronic Filing System.

All legal papers shall be filed electronically through the Clerk of Judicial Records – Civil Division’s Electronic Filing System “Odyssey

WARNING

Applies to

Notice of appeal

A notice of appeal in a delinquency case may be submitted in person, by mail with the appropriate filing fees, or by email if the filing fee has been waived.

Notice of Appeals for delinquency cases can be submitted to the Clerk of Courts in person, or by mail with appropriate filing fees; or via email at COJRMotions- Orders@lehighcounty.org if the filing fee has been waived.

WARNINGCivil cases

Applies to

Petition to resolve website failure dispute

Petitions to resolve disputes involving alleged failure of the Court’s website may be filed and served on paper.

Petitions to resolve disputes involving alleged failure of the Court’s website, permitted by Pa. R.O.C. P. 4.7(e), may be filed and served in paper form.

WARNING

For a formal fiduciary account filing, select one of the listed case types.

Select either “Decedent’s Estates,” “Power of Attorney,” “Trust,” “Minor’s Guardianship” or “Incapacitated Persons/Adult” as the Case Type

WARNING

Applies to

Legal papers

A party who declines electronic filing or cannot use or access the system may file legal papers in physical paper format.

Any party who declines to participate in electronic filing, or who is unable to electronically file legal papers, or who is otherwise unable to access the system, shall be able to file legal papers in a physical paper format.

WARNINGCriminal cases

Applies to

Legal papers

A party who declines electronic filing or cannot electronically file or access the system may file legal papers in physical paper format.

Any party who declines to participate in electronic filing, or who is unable to electronically file legal papers, or who is otherwise unable to access the system, shall be able to file legal papers in a physical paper format in accordance with Pa.R.Cr.P. 576(a)(2).

WARNING

E-filing is not yet available for adoptions, parental terminations, or marriage licenses.

NOTE: E-filing is NOT YET AVAILABLE for Adoptions, Parental Terminations, or Marriage Licenses

WARNING

Electronic filing of legal papers in the Lehigh County Court of Common Pleas is permissive under Pa.R.J.C.P. 1205 and this rule.

The electronic filing of legal papers in the Lehigh County Court of Common Pleas, 31st Judicial District, is permissive in accordance with Pa.R.J.C.P. 1205 and this rule.

WARNINGCivil cases

The Electronic Filing System must be available except during routine maintenance, but Clerk staff review legal documents only during normal office hours.

As required by Pa.R.C.P. No. 205.4(c) (1) access to the Electronic Filing System shall be available at all times, except for routine maintenance; however, legal documents can only be reviewed by the staff of the Clerk of Judicial Records-Civil Division during normal office hours.

INFO

Applies to

Legal papers

Electronic filing of legal papers in the Lehigh County Court of Common Pleas is permitted under this rule.

The electronic filing of legal papers in the Lehigh County Court of Common Pleas, 31st Judicial District, is permissive in accordance with Pa.R.J.C.P. 205 and this rule.

INFO

A new party may file in an existing Orphans’ Court case after the Entry of Appearance form is accepted.

Upon acceptance of that form, a new party will be able to file to an existing Orphans’ Court case.

INFOCriminal cases

Applies to

Legal papers

Electronic filing of legal papers in the Lehigh County Court of Common Pleas is permitted under Pa.R.Cr.P. 576.1 and the local rule.

(A) The electronic filing of legal papers in the Lehigh County Court of Common Pleas, 31st Judicial District, is permissive in accordance with Pa.R.Cr.P. 576.1 and this rule.

INFOCivil cases

Applies to

Legal papers

All registered participants are eligible to file the legal papers covered by paragraph (a)(1)(ii).

All registered participants are eligible to file the legal papers as indicated in paragraph (a)(1)(ii) above.

CRITICALCivil cases

Applies to

Motion for special service

A motion for special service under Pa.R.C.P. 430(a) must be electronically filed for the court to consider it.

The court will not consider a motion for special service pursuant to Pa.R.C.P. 430(a) unless (c) The motion is electronically filed.

INFO

Applies to

Application for continuance

Applications for continuance in delinquency cases may be submitted to Court Administration by fax, email, or in person.

Applications for continuance for delinquency cases can be submitted to Court Administration via facsimile at 610-871-2779, via email at CAHelp@lehighcounty.org, or in person.