Rule 205.4 Electronic Filing of Legal Documents Filed in the Clerk of Judicial Records -
Civil Division
(a)(1) Authorization for Electronic Filing of Civil and Family Legal Papers
(i) 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.
(ii) 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.
(iii) All registered participants are eligible to file the legal papers as indicated in
paragraph (a)(1)(ii).
Comment
The primary intent of this rule is to facilitate the filing of all legal papers that are expressly permitted under this subsection.
(b)(1) Authorized Electronic Format of Legal Papers Electronically Filed
All legal papers shall be filed electronically in Portable Document Format (PDF).
Any legal paper or exhibit submitted in hard copy/paper format shall incur an
administrative fee of $1.00 per page for the Clerk of Judicial Records - Civil Division to
convert the legal paper or exhibit to a Portable Document Format (PDF) and the Clerk
of Judicial Records - Civil Division shall return the hard copy legal paper or exhibit to the
filing party for retention as required by Pa. R. C. P. No. 205.4 (b)(4).
(c)(1) A legal paper filed electronically shall be deemed the original document.
(c)(2) Website - Access to the Website
(i) Website. All legal papers shall be filed electronically through the Clerk of Judicial Records -
Civil Division's Electronic Filing System "Odyssey File and Serve" (OFS) which shall be
accessible through the Lehigh County Website, www.lehighcounty.org.
(ii) Access to the Website. To obtain access to the Electronic Filing System, counsel and any
unrepresented party must apply for and receive a User Name and Password.
(d)(1) Payment of Filing Fees
(i) The Clerk of Judicial Records - Civil Division will accept electronic payment of all filing
fees with the following credit and debit cards: Discover, MasterCard, American Express,
Visa and eCheck.
(ii) The credit or debit card will be charged with a convenience fee dictated by the credit card
vendor.
(iii) The Clerk of Judicial Records - Civil Division will accept payment of electronic filing fees in
cash, checks, credit or debit card when filing in person at the counter in the Clerk of
Judicial Records - Civil Division.
(e) Reserved
(f) Local Procedures
As authorized by Pa. R. C. P. No. 205.4(f), the following local administrative procedures are
adopted:
(i) As provided by Pa. R. C. P. No. 1023.1, the required signature on an electronic filing of legal
papers is established by submission of a filing and the application of a digitized signature
of the filer proceeded by /s/ accompanied by the attorney's printed name or a scanned
document with an original signature. Verification will be achieved through the use of an
email address and a password obtained from the OFS system. The OFS system will verify
the user ID against the state ID number. Verification for parties other than attorneys will be
verified through the user ID.
(ii) The legal paper must include a signature block, and the name of the filer under whose
user name and password the legal filing is submitted.
(iii) The Electronic Filing Application (OFS) shall provide to the filer, using the email address
registered by the filer, a Courtesy Email acknowledging that the filing was received. An
Official Notification will be displayed in the Electronic Filing System, which includes the
time and date, as a pending filing awaiting approval by the Clerk of Judicial Records -
Civil Division. Within six (6) business hours of the receipt of the legal paper, the Clerk of
Judicial Records - Civil Division shall provide the filer with notification through the
Electronic Filing System that the legal paper has been either accepted or rejected.
(iv) 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 Electronic Filing System; however, if a legal paper is submitted
without the requisite filing fee, the legal paper shall be deemed to have been accepted
for filing as of the date payment is received pursuant to 42 P.S. Section 21073 (b), "The
Clerk of Judicial Records - Civil Division shall not be required to enter on the docket any
suit or action or order of court or to enter any judgment thereon and perform any
services whatsoever for any person, political subdivision or the Commonwealth until the
requisite fee is paid."
Note: 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. Therefore, filers are cautioned to file required legal papers well in
advance of any filing deadlines to enable timely correction and re-submission in the
event a legal paper is not acceptable for filing.
(v) Pa. R. C. P. No. 204.1(3) requires that the first sheet of all pleadings, motions and other
legal filings shall contain a 3-inch space from the top of the paper. This space shall be
reserved solely for the use of the Clerk of Judicial Records - Civil Division for the
electronic date and time stamp, and other official use.
(vi) As required by Pa. R. C. P. 205.5, the filer shall include the statewide cover sheet with the
initial filing.
(vii) If a legal document is refused for filing, the Clerk of Judicial Records - Civil Division shall
specify a reason. Subject to the Rule 205.4 (e)(3), a legal paper refused for filing shall be
deemed as not having been filed.
(viii) Neither the Court nor the Clerk of Judicial Records - Civil Division shall be required to
maintain a hard copy of any legal paper, notice, or order filed or maintained under
this rule.
(g) Payment of Filing Fees
(i) Once an electronic filing has been accepted by the Clerk of Judicial Records - Civil
Division, it shall be the responsibility of the filing party to provide to the Sheriff of
Lehigh County, the proper service fee and the documents for Original Service and Writs.