Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.78 - Correcting Data Errors

Current through Register Vol. 54, No. 28, July 13, 2024
Section 6.00.
A. A party to a case, or the party's
				  attorney, seeking to correct a data error in an electronic case record shall
				  submit a written request for correction to the court in which the record was
				  filed.
B. A request to correct an
				  alleged error contained in an electronic case record of the Supreme Court,
				  Superior Court, or Commonwealth Court shall be submitted to the prothonotary of
				  the proper appellate court.
C. A
				  request to correct an alleged error contained in an electronic case record of
				  the Court of Common Pleas, Philadelphia Municipal Court, or a Magisterial
				  District Court shall be submitted and processed as set forth below.
(1) The request shall be made on a form
				  designed and published by the Administrative Office of Pennsylvania
				  Courts.
(2) The request shall be
				  submitted to the clerk of courts if the alleged error appears in an electronic
				  case record of the Court of Common Pleas or Philadelphia Municipal Court. If
				  the alleged error appears in an electronic case record regarding a guardianship
				  case, the request for correction shall be submitted to the clerk of the
				  orphans' court division. The requestor shall also provide copies of the form to
				  all parties to the case, the District Court Administrator, and the
				  Administrative Office of Pennsylvania Courts.
(3) The request shall be submitted to the
				  Magisterial District Court if the alleged error appears in an electronic case
				  record of the Magisterial District Court. The requestor shall also provide
				  copies of the form to all parties to the case, the District Court
				  Administrator, and the Administrative Office of Pennsylvania Courts.
(4) The requestor shall set forth on the
				  request form with specificity the information that is alleged to be in error
				  and shall provide sufficient facts, including supporting documentation that
				  corroborates the requestor's contention that the information in question is in
				  error.
(5) Within 10 business days
				  of receipt of a request, the clerk of courts, clerk of the orphans' court
				  division, or Magisterial District Court shall respond in writing to the
				  requestor, all parties to the case, and the Administrative Office of
				  Pennsylvania Courts, in one of the following manners:
a. The request does not contain sufficient
				  information and facts to adequately determine what information is alleged to be
				  error; accordingly, the request form is being returned to the requestor; and no
				  further action will be taken on this matter unless the requestor resubmits the
				  request with additional information and facts.
b. The request does not concern an electronic
				  case record that is covered by this policy; accordingly, the request form is
				  being returned to the requestor; no further action will be taken on this
				  matter.
c. it has been determined
				  that an error does exist in the electronic case record and that the information
				  in question has been corrected.
d.
				  it has been determined that an error does not exist in the electronic case
				  record.
e. The request has been
				  received and an additional period not exceeding 30 business days is necessary
				  to complete the review of this matter.
(6) A requestor has the right to seek review
				  of a final decision under subsection 5(a)-(d) rendered by a clerk of courts,
				  clerk of the orphans' court division, or Magisterial District Court within 10
				  business days of notification of that decision.
a. The request for review shall be submitted
				  to the District Court Administrator on a form that is designed and published by
				  the Administrative Office of Pennsylvania Courts.
b. If the request for review concerns a
				  Magisterial District Court's decision, it shall be reviewed by the judge
				  assigned by the President Judge.
c.
				  If the request for review concerns a decision of a clerk of courts or a clerk
				  of the orphans' court division, it shall be reviewed by the judge who presided
				  over the case from which the electronic case record alleged to be in error was
				  derived.