Service by electronic filing pursuant to PA.R.C.P. 205.4(g)(1)(ii) requires a party's consent in each individual case, regardless of prior consent on other cases.

The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion. The court noted that while Rule 440 allows service of legal papers other than original process to be served electronically, Rule 205.4(g)(1)(ii) requires a party to consent to this medium of service. The court rejected the appellee's argument that, even though counsel had not consented to electronic service on this case, counsel was a registered participant in the e-filing system and had consented to electronic filings in other matters. The court ruled that a party must consent in each individual case to electronic service regardless of prior consents in other matters.

Case Law Alert - 3rd Qtr 2011