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In re Order Amending Rules 123

Supreme Court of Pennsylvania

June 1, 2018

IN RE: ORDER AMENDING RULES 123, 127, 552, 910, 911, 1116, 2152, 2156, 2171, AND 2544 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE

         APPELLATE PROCEDURAL RULES

          ORDER

          PER CURIAM

         AND NOW, this 1st day of June, 2018, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 123, 127, 552, 910, 911, 1116, 2152, 2156, 2171, and 2544 of the Pennsylvania Rules of Appellate Procedure are amended in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2018.

         Additions to the rule are shown in bold and are underlined. Deletions from the rule are shown in bold and brackets.

         Rule 123. Application for Relief.

         (a) * * *

         (b) * * *

         (c) * * *

         (d) * * * (e) * * *

         (f) Certificate of compliance with Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts].- An application or answer filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.

         Official Note: * * *

         Rule 127. Confidential Information and Confidential Documents. Certification.

         (a) Unless public access is otherwise constrained by applicable authority, any attorney or any unrepresented party who files a document pursuant to these rules shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts] ("Public Access Policy"). In accordance with the Policy, the filing shall include a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule or order of court, or a Confidential Document Form.

         (b) Unless an appellate court orders otherwise, case records or documents that are sealed by a court, government unit, or other tribunal shall remain sealed on appeal.

         Official Note: Paragraph (a)-"Applicable authority" includes but is not limited to statute, procedural rule, or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts] ("Public Access Policy") can be found at http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Public Access Policy provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Case Records 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.

         Appropriate forms can be found at http://www.pacourts.us/public-records. Pursuant to Section 7.0(C) of the Policy, a court may adopt a rule or order that permits, in lieu of a Confidential Information Form, the filing of a document in two versions, that is, a "Redacted Version" and an "Unredacted Version." For certification of the Reproduced Record and Supplemental Reproduced Record in compliance with the Public Access Policy, see Pa.R.A.P. 2152, 2156, 2171, and accompanying notes.

         Paragraph (b)-Once a document is sealed, it shall remain sealed on appeal unless the appellate court orders, either sua sponte or on ...


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