Court of Common Pleas of Berks County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- If a continuing-contact agreement is first proposed at the adoption hearing and the previously appointed guardian ad litem is absent, the matter must be continued to allow notice to the guardian.
- An attorney of record or self-represented party seeking a continuance of a support proceeding must use the Domestic Relations Section Application for Continuance form, available from the DRS Docketing Division or the DRS website.
- A continuance application for an establishment or compliance conference must be submitted to the DRS Docketing Division for forwarding to the appropriate unit manager; a party may challenge the decision before the emergency family court judge.
- +20 more
Request must include
- A continuance application must be submitted at least 25 days before the scheduled proceeding, or at the earliest possible opportunity, and the applicant must follow the form’s instructions.
- Parties generally cannot extend brief-filing time by agreement; the stated exception permits a reasonable extension for the party with the burden if all parties stipulate in writing and a court order is entered and filed at least 24 days before argument.
- An extension or continuance applicant must give all other parties written notice of the application's intended date, time, and nature at least three days in advance; if a party does not appear, proof of service must be filed with the application.
- The case may be continued once by agreement of all counsel and unrepresented parties, no later than seven days before the hearing.
Communication
Phone
Clerk
Phone
Document Format Requirements18 rules
Pleadings and other legal papers must meet the stated paper, size, text, spacing, and policy requirements, but the Prothonotary must accept them despite noncompliance if sufficient information identifies the case.
- Line spacing
- Double
- Paper size
- Letter
Formatting
- •Paper must be white, opaque, unglazed, and of good quality
Court's wording
All pleadings, motions, affidavits and other legal papers presented to the Prothonotary for filing shall conform to the following: (1) The paper shall be white, opaque, unglazed and of good quality. (2) The size of the paper shall be eight and one-half (8½) inches in width and eleven (11) inches in length. (3) All text shall be typewritten or printed. All printed text shall be legible. All typewritten text shall be in ten (10) or twelve (12) pitch and of letter quality. (4) Captions, titles, citations to legal authority, footnotes and blocked quotations may be single-spaced, but the main body of the text shall be double-spaced. (5) All filings shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania; Case Records of the Appellate and Trial Courts which can be found at the Administrative Office of Pennsylvania Courts website www.pacourts.us as well as on the Berks County Court website www.co.berks.pa.us and with Berks County Rule of Judicial Administration 510. The Prothonotary shall accept a party’s pleadings, motions, affidavits and other legal papers for filing without regard to that party’s failure to comply with any of the above requirements, as long as sufficient information is provided for the Prothonotary to identify the case to which the pleadings, motions, affidavits and other legal papers apply.
Legal papers filed electronically must be in PDF or another format established for electronic filing; the Prothonotary converts hard-copy or nonconforming submissions to the required format.
Court's wording
(b)(1) Authorized Electronic Format of Legal Papers Electronically Filed. All legal papers shall be filed in a portable document format (“pdf”) or other format as may from time to time be established for electronic filing. A paper presented for filing in hard copy or in a format other than the required format shall be converted to the required format and maintained by the Prothonotary in that format pursuant to Pa.R.C.P. No. 205.4(b)(1).
Briefs must use 8½-by-11-inch paper, double-spaced text, and margins of at least one inch, subject to the stated spacing exceptions; no text may appear in the margins.
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Court's wording
(b) Paper Size, Line Spacing and Margins. The brief must be on eight and one-half (8½) by eleven (11) inch paper. The text must be double-spaced, but quotations more than two lines may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.
(c) Text Size and Format. All text shall be typewritten or printed. All printed text shall be legible. All typewritten text shall be in ten (10) or twelve (12) pitch and of letter quality.
Formatting
- •All printed text must be legible
Except for motions made orally during a trial or hearing, motions, petitions, and applications must be written and include the specified caption, presenter’s name, and a Commonwealth address for service.
Court's wording
Except for motions made orally during a trial or hearing, all motions, petitions and applications shall be written, shall contain a caption setting forth the name of the court, the number of the action, nature of the proceeding and names of the parties, and the motion, petition or application shall contain the name of counsel presenting the motion, petition or application, and if there is no counsel of record, the name of the party making the pro se motion, petition or application, with the name of such counsel or party without counsel endorsed thereon together with an address within the Commonwealth at which papers may be served.
Required notices must be written and properly served, unless the court permits oral notice at bar and the notice is recorded as directed.
Court's wording
Every required notice shall be in writing and shall be effective only upon proper service being made thereof, except for oral notice permitted by the court to be given at bar and a minute thereof made by the prothonotary or clerk of courts, or noted by a court stenographer in notes of the proceeding as may be directed by the court.
An oversized documentary exhibit must have a copy reduced to 8-1/2 x 11 inches or smaller entered into the record, though the oversized item may be used for illustration.
Court's wording
If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 x 11 inches (or smaller) is entered into the record. Items larger than 8-1/2 x 11 inches may be used for illustration during court proceedings.
A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media in a format acceptable to the Court.
A deposition offered via digital media must use a Court-acceptable format, be marked as an exhibit, and be accompanied by a transcript also marked as an exhibit.
Court's wording
If a proponent offers into evidence a deposition of a witness via digital media, the digital media shall be a format acceptable to the Court and shall be marked as an exhibit. The submission of the same must be accompanied by a transcript of the deposition which shall also be marked as an exhibit.
When offering a non-documentary exhibit, the proponent must enter a photograph no larger than 8-1/2 x 11 inches into the record instead of the exhibit.
Court's wording
If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.
Attorney signatures should follow the listed format, including the attorney’s name, Supreme Court ID, representation, firm, and contact details.
Court's wording
The correct format for an attorney signature is as follows: /s/ ATTORNEY NAME PA Supreme Court ID # Attorney for (Plaintiff/Defendant) XYZ Corporation ABC Law Firm ADDRESS TELEPHONE NUMBER E-MAIL ADDRESS FAX NUMBER
The order for alimony payments through the DRS shall be in substantially the same form as is available through the DRS.
The appendixes shall be substantially in the form provided on the Court’s website www.co.berks.pa.us .
The Divorce Master’s report papers must be submitted in the stated top-to-bottom order, with relevant papers ordered chronologically and the most current on top.
Court's wording
The papers shall be submitted in the following order from top to bottom: (1) Decree Recommended (2) Index (3) Divorce Master’s Report (4) Copy of Docket Entries (5) Consents and other relevant papers in chronological order according to filing date with the most current on top (including non-military affidavit where required).
(1) be written in ink, typewritten or printed;
Electronic transcripts must follow the specified paper-transcript standards and be PDFs with content changes disabled and search, select, copy, paste, and print enabled.
- File type
- Electronic transcript
Formatting
- •Comply with Rule 4010(A)(3) through (10) for paper transcripts
Court's wording
(B) Electronic transcripts shall comply with the format standards set forth in Rule 4010(A)(3) through (10) for paper transcripts and, in addition, shall be in PDF format with the following settings: (1) functions disabled: content changes; and (2) functions enabled: search, select, copy, paste, and print.
Paper transcripts, except orders dictated from the bench, must follow the stated page, line, margin, and transcript-layout requirements.
- Paper size
- Letter
- Lines per page
- 25
- Paper transcript
Formatting
- •At least 25 typed lines on standard 8½” x 11” paper
- •At least nine or ten characters to the typed inch
- •Carry-over Q and A lines must begin at the left-hand margin
Exception
Orders dictated from the bench are prepared as follows: (1) No fewer than 25 typed lines on standard 8½” x 11” paper.
Court's wording
(A) All paper transcripts except orders dictated from the bench are prepared as follows: (1) No fewer than 25 typed lines on standard 8½” x 11” paper; (2) No fewer than nine or ten characters to the typed inch; (3) Left-hand margin to be set at no more than 1¾”; (4) Right-hand margin to be set at no more than 3/8”’ (5) Each question and answer to begin on a separate line; (6) Each question and answer to begin no more than five spaces from the left-hand margin with no more than five spaces from the Q and A to the text; (7) Carry-over Q and A lines to begin at the left-hand margin; (8) Colloquy material to begin no more than 15 spaces from the left-hand margin, with carry-over colloquy to the left-hand margin; (9) Quoted material to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 10 spaces from the left-hand margin; (10) Parentheticals and exhibit markings to begin no more than 15 spaces from the left- hand margin, with carry-over lines to begin no more than 15 spaces from the left-hand margin.
applications for the approval of sureties, preferably on forms provided by the Clerk
Document Filing Requirements294 rules
The Berks County Notification Intake Form is to be completed at the time of arraignment or waiver of arraignment.
In the event that the assigned judge cannot be contacted by all exhaustive means, the authorization must be made by the respective Administrative Judge or the President Judge of the Court of Common Pleas.
All transcripts of official court proceedings shall be prepared only upon written authorization or order of Court. No transcript of any official court proceeding may be prepared without the written consent of the Common Pleas Court judge assigned to the respective case.
All legal papers that are filed with the Register of Wills or the Clerk of Orphans’ Court shall include counsel’s name, address, and telephone number.
Except for corporations, an application for approval of a surety must include the proposed surety’s affidavit stating the specified personal, real-estate, encumbrance, valuation, title, and net-worth information.
Court's wording
(a) Individual Sureties. Except in the case of corporations, applications for the approval of sureties, preferably on forms provided by the Clerk, shall be accompanied by the affidavit of the proposed surety setting forth, (a) his or her name, age, residence and occupation, and whether or not he or she is married; (b) the location of the real estate owned by the proposed surety, or so much as may be sufficient, with a reference to the record of the deed therefor, the nature and amount of the encumbrances, if any, the assessed value thereof and whether title is held by the proposed surety in fee; and (c) that the proposed surety believes that after the payment of his or her debts, engagements and liabilities, his or her worth is not less than an amount to be stated.
A corporate surety must have a currently effective certificate evidencing its authority on file with the Clerk.
Court's wording
Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the Clerk
A corporate fiduciary must initially file with the Clerk a true and correct copy of its certificate authorizing it to exercise fiduciary powers, certified by an executive officer.
Court's wording
initially there shall be filed with the Clerk a copy of the certificate issued by the State Banking Department, the Comptroller of Currency, or the Federal Reserve Board, as the case may be, evidencing its right to exercise fiduciary powers, certified to be a true and correct copy by an executive officer of the corporation.
Thereafter, on or before the first day of May of each year such corporation shall file a statement, verified by the oath or affirmation of an executive officer thereof, that it continues to be qualified to act in such capacity.
Counsel shall make the necessary arrangements for an official court interpreter to be present for any court proceedings.
No account shall be accepted for filing and advertisement unless accompanied by the Supreme Court-approved Petition for Adjudication/ Proposed Statement of Distribution.
A notice of account must include, in substantially similar form, the specified filing information, objection instructions and deadline, and consequences of failing to object.
Court's wording
The notice of account shall also contain the following in substantively similar form: (a) The account has been filed with the Clerk of the Orphans’ Court Division; (b) Any objections to the account must be made in writing and filed with the Clerk of the Orphans’ Court Division any time prior to the date set forth for submission by the Clerk to the Court for review but no later than the close of business of the last business day prior to the submission to the Court; (c) The account will be submitted to the Court on the ____ day of ____ and final confirmation thereof and an adjudication may be entered if written objections are not filed with the Clerk prior to that date; and (d) A statement that if the person does not agree with the accountant’s accounting or has an objection to any transaction shown in the account or omitted from the account the person must file with the Clerk of the Orphans’ Court Division objections thereto in writing in conformity with the Pennsylvania Orphans’ Court Rules and the Berks County Orphans’ Court Rules, otherwise the court may assume the person has no objections to the account and he or she is in agreement with the accountant’s interpretation.
When the filer knows a participant will need an interpreter, the filing must state the interpreter need in its caption using the specified wording.
- Document
- Pleading motion notice or other document
- Placement
- Caption
Court's wording
Any person filing a pleading, motion, notice or other document relating to a proceeding pending before the court where it is known that a participant in the proceeding will need the assistance of an interpreter shall note in the caption of such document that “An interpreter is needed: English to (language); (language) to English.”
All writings not in English, submitted for filing, shall not be filed, unless there is attached to it and filed with it a translation into English, certified to be true and correct.
Objections to accounts and petitions must include a proposed order in the prescribed form scheduling a response date and a status conference or hearing.
- Document
- Objections to accounts or petitions for adjudication
Must include
- •Proposed order
Court's wording
A proposed order for the scheduling of a reply date and a status conference or hearing date shall be attached to all objections to accounts or Petitions for Adjudication/Statements of Proposed Distribution. The proposed order shall be in the following form: (CAPTION) ORDER AND NOW, (month)_______, 20___, upon consideration of the foregoing objections filed in the above-captioned matter, it is hereby ORDERED that: (1) Accountant shall file a Response to the Objections within _____ days of this Order; and (2) A status conference shall be held on ______________, 20___ at _______ a.m./p.m. in the chambers of the undersigned. OR (3) A hearing is to occur on the _____ day of _________________, 2018 at ______o’ clock __.M. in a courtroom to be assigned in the Berks County Courthouse/Services Center located at 633 Court Street, Reading, Pennsylvania 19601. Counsel are directed to meet prior to the hearing to reduce fact questions and legal issues to a minimum; and further, shall be authorized to settle at the meeting and/or conference/hearing. BY THE COURT: , J.
A proposed Adjudication and Decree for confirmation of the account by the court shall be filed and served with the Petition for Adjudication/Statement of Proposed Distribution.
The report must be included in the petition, or filed if the relevant circumstance arises later, and must propose a resolution of that circumstance.
Court's wording
(a) The report required by Pa. O.C. Rule 2.10(b) shall be incorporated in the Petition for Adjudication/Statement of Proposed Distribution. If the circumstance necessitating such a report arises after the filing of the Petition for Adjudication/Statement of Proposed Distribution, the report shall be filed and served on all parties whose rights might be affected by the circumstance, including the distributee’s heirs, with notice in accordance with Pa. O.C. Rule 2.5(a) – (g). (b) The report shall propose a resolution of the circumstance necessitating the report.
A proposed preliminary decree must provide separate spaces for a return date and, if the court chooses to schedule one, a hearing date.
Court's wording
The proposed form of a preliminary decree for the issuance of a citation shall include a space for a return date and a separate space for a hearing date should the court choose to schedule a hearing pending receipt of an answer.
A published notice concerning real estate must sufficiently identify the property, but may omit a full description if it references the volume and page where the recorded description appears.
Court's wording
If the subject matter of the action is real estate, the published notice shall contain a sufficient description of the real estate involved to identify it, but need not set forth a full and detailed description, if reference is made in said advertisement to the volume and page in the Recorder of Deeds office of this county where a recorded description of said property appears.
A proposed order for relief and a rule to show cause in substantially the following form shall be attached to the petition.
- Document
- Emergency petition
Must include
- •Proposed order
All preliminary objections must include a proposed order substantially in the prescribed form, including a schedule for a status conference or argument and, if argument is selected, dates for the supporting and response briefs.
- Document
- Preliminary objections
Must include
- •Proposed order
Court's wording
A proposed order for the scheduling of a status conference or argument shall be attached to all preliminary objections and shall be in substantially the following form: (CAPTION) ORDER AND NOW, (month)_______, 20___, the above-captioned matter is scheduled for: ( ) a status conference on ______________, 20___ at _______ a.m./p.m. in the chambers of the undersigned. ( ) an oral argument on ______________, 20___ at _______ a.m./p.m. in the courtroom of the Berks County Courthouse/Services Center assigned to the undersigned. A brief in support of the preliminary objections shall be filed on or before _______________, 20____. A response brief shall be filed on or before _______________, 20____.
When a petition is necessary for an allowance from a minor’s estate, it must provide the listed information about the guardian, minor and family, estate and income, support circumstances, prior allowances, and financial need.
Court's wording
When a petition is necessary for an allowance from a minor's estate, the petition shall set forth: (a) the manner of the guardian's appointment and qualification, and the dates thereof; (b) the age and residence of the minor, whether the minor’s parents are living, the name of the person with whom the minor resides, the name and age of the minor’s spouse and children, if any; (c) the value of the minor's estate, real and personal and the net annual income; (d) the circumstances of the minor, whether employed or attending school; if the minor's parents, or other person or persons charged with the duty of supporting the minor, is living, the financial condition and income of such person and why such person is not discharging such person’s duty to support the minor; and whether there is adequate provision for the support and education of the minor, the minor’s spouse and children; (e) the date and amount of any previous allowance by the court; and (f) the financial requirements of the minor and the minor’s family unit, in detail, and the circumstances making such allowance necessary.
A petition for the extension of time in which the surviving spouse may file an election to take against the will and other conveyances shall include to the extent possible the same contents required by Pa. O.C. Rule 5.4(a).
When a trustee must petition to sell real property at public sale, the petition must separately state the listed information and facts in addition to the requirements of Pa. O.C. Rule 5.10.
Court's wording
(c) Trustee. When it is required that a trustee petition the court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule 5.10) shall also set forth in separate paragraphs: (1) how title was acquired, stating the date and place of recording of the deed or other instrument of conveyance; (2) a recital of the relevant provisions of the deed, trust, will, or other instrument of conveyance pertaining to the real property to be sold, and of the relevant history of the trust; (3) the names and relationships of all interested parties; a brief description of their respective interests; whether any of them are unascertainable, minors, incapacitated or deceased, and if so, the names of their fiduciaries or virtual representatives, if any; (4) the improvements on the property, by whom it is occupied, its rental value, rents due and payable, and current tax assessment; (5) that the trustee is not otherwise authorized to sell by statute, or is denied the power by the trust instrument; or that it is advisable that the sale have the effect of a judicial sale, stating the reason; and (6) sufficient facts to enable the court to determine that the proposed sale is for the best interest of the trust or its beneficiaries.
(a) All Petitions. All petitions to sell real property at public sale shall set forth the name, address, and proposed compensation of the proposed auctioneer or other selling agent.
When a personal representative must petition to sell real property at public sale, the petition must separately state the listed facts in addition to the requirements of Pa. O.C. Rule 5.10.
Court's wording
(b) Personal Representative. When it is required that a personal representative petition the court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule 5.10) shall also set forth in separate paragraphs: (1) the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date of the grant of letters; (2) that the personal representative is not otherwise authorized to sell by statute; or is not authorized or is denied the power to do so by the will, or that it is desirable that the sale have the effect of a judicial sale, stating the reason; (3) whether an inventory and appraisement has been filed; the total value of the property shown therein; and the value at which the real property to be sold was included therein; (4) if the personal representative entered bond with the Register, the name of the surety and the amount of such bond; (5) the names and relationships of all interested parties; a brief description of their respective interests; whether any of them are unascertainable, minors, incapacitated or deceased, and if so, the names of their fiduciaries or virtual representatives, if any; (6) the improvements on the property, by whom it is occupied, its rental value, rents due and payable, and current tax assessment; and (7) sufficient facts to enable the court to determine that the sale is desirable for the proper administration and distribution of the estate.
(e) Others. A petition for the sale of real property, other than by partition, filed by a person other than a personal representative of a decedent’s estate, trustee, or guardian shall comply with such of the above provisions as nearly resembles the circumstances necessitating the petition.
(b) Return. Within five days after the sale, or such other time as the order approving a public sale provides, the seller shall file a return in the form of an affidavit, which shall set forth:
A petition to sell real property at public sale must have the listed appointment instrument, consents or joinders, proposed sale terms, two valuation affidavits, and qualifying appraisal reports attached.
Court's wording
The following exhibits shall be attached to a petition to sell real property at public sale: (a) a copy of the will, deed, decree or other instrument by which the fiduciary was appointed; (b) any consents or joinders of interested parties, including any lienholder whose lien would otherwise not be discharged by the sale; (c) the proposed terms and conditions of sale; (d) affidavits of two disinterested and competent persons familiar with said real estate as to the value of the tract or tracts desired to be sold; and (e) any appraisal reports that have been prepared within the preceding five years.
When a guardian must petition to sell real property at public sale, the petition must separately state the listed information and facts in addition to the requirements of Pa. O.C. Rule 5.10.
Court's wording
(d) Guardian. When it is required that a guardian of a minor or incapacitated person petition the court to sell real property at public sale, the petition (in addition to requirements of Pa. O.C. Rule 5.10) shall also set forth in separate paragraphs: (1) the age of the ward; (2) the names and addresses of the ward’s next of kin and intestate heirs and the notice given them of the filing of the petition; (3) how title was acquired, stating the date and place of recording of the deed or other instrument of conveyance; (4) a recital of the relevant provisions of the deed, will, trust, or other instrument of conveyance relating to the real property to be sold; (5) the nature and extent of the interest of the ward, and of other persons in the real property; (6) the improvements on the property, by whom it is occupied, its rental value, rents due and payable, and current tax assessment; and (7) sufficient facts to enable the court to determine that the proposed sale will be for the best interest of the ward.
In addition to the exhibits required by Rule 5.10B, a copy of the agreement of sale shall be attached to the petition.
A proposed order approving the sale to the highest bidder at the bid price shall be filed with the return.
- Document
- Return
Must include
- •Proposed order
A petition to establish parentage for a child to be born by gestational carrier must set forth each of the listed facts and statements.
Court's wording
(a) Form of Petitions, Contents. A petition to establish the parentage of a child to be born by gestational carrier shall set forth: (1) the name and address of each petitioner; (2) the source of the oocyte/ova and sperm used for in vitro fertilization; (3) the name and address of the physician(s) performing or supervising the oocyte/ova retrieval, sperm collection, in vitro fertilization, and transfer of viable embryo(s) into the uterus of the gestational carrier; (4) the number of embryos transferred, and the number of children expected to be born; (5) the expected date and location of birth; (6) the method by which it can be established that the pregnancy is the result of only the embryo transfer and not the result of fertilization of the carrier’s own ova; (7) that the petitioners intending to be named as the legal parents of the child(ren) expected to be born by the gestational carrier, the carrier, and, if married, the carrier’s spouse have expressed their intentions that the intended legal parents shall have exclusive custody and all parental rights and duties with respect to the child(ren) and that they join in and consent to the petition; and (8) that the Department of Health does not object to the relief requested.
Proof of publication shall be attached as an exhibit.
The petition must include the specified physician affidavit, acknowledgments from the carrier and, if married, the carrier’s spouse, and a stipulation that the proposed decree is acceptable.
Court's wording
(b) Exhibits. There shall be attached to the petition the following exhibits: (1) an affidavit by the physician attesting to his or her being licensed to practice medicine and the facts relating to the oocyte/ova retrieval, sperm collection, in vitro fertilization, transfer of viable embryo(s) into the uterus of the gestational carrier, the number of children expected to be born, and that the children expected to be born are not the genetic children of the gestational carrier; (2) acknowledgments from the gestational carrier and, if married, her spouse, stating that the carrier and her spouse are not the biological parents of the child(ren), stating awareness that signing the acknowledgment will grant all the rights and duties of parenthood to the petitioners intending to be named as the legal parents and that the carrier and her spouse will have no such rights or duties, and authorizing the submission of the appropriate forms to the Division of Vital Records identifying the petitioners intending to be named as the legal parents as the parents. Each acknowledgment shall also state that the carrier and her spouse have the right to refuse to sign the acknowledgment and that such refusal would result in being named as the parent of the child(ren); and (3) a stipulation by the petitioners and counsel for the Department of Health that the proposed decree is acceptable to them.
The petition must include a proposed decree specifying the legal parentage, birth-record instructions, and permanent maintenance and restricted inspection of court records, subject to the statutory exception.
Court's wording
(c) Decree. A proposed decree shall be attached to the petition that shall deem the intended parents as the legal parents of the child(ren) and order that certified copies of the birth records of the child(ren) shall reflect the intended parentage. The proposed decree shall also direct that all court records be permanently maintained and withheld from inspection except as provided by 23 Pa.C.S.A. § 2915 (relating to records and access to information).
Unless another procedure is prescribed by a specific rule or a specific case management order entered by the court in a particular case, a proposed order granting the relief requested and a rule to show cause why the requested relief should not be granted shall be attached to all motions.
(a) A party filing a motion for summary judgment shall file the original motion and a proof of service with the Clerk.
The non-moving party must file a response to the summary judgment motion and proof of service.
Court's wording
(b) The non-moving party shall file a response to the motion for summary judgment and proof of service no later than thirty (30) days after the date of service of the motion in accordance with Pa.R.C.P. 1035.3(a).
(a) A party filing a motion for judgment on the pleadings shall file simultaneously with the Clerk an argument brief, an argument scheduling order, and a proof of service.
(d) If the non-moving party files the request for argument, accompanied by a proof of service, the moving party shall file and serve a brief of argument within 20 days of service of the request.
If a response is filed, any party may file a request, accompanied by a scheduling order and a proof of service, to list the motion for summary judgment for oral argument.
(b) The non-moving party shall file an answer, argument brief and a proof of service within 30 days.
(c) If the moving party files the request for argument, an argument brief shall be filed therewith, and the non-moving party shall file a responsive brief within 20 days of service of the moving party’s brief.
A proposed order for the scheduling of a status conference or oral argument shall be attached to all objections and shall be in substantially the following form:
- Document
- Objection
Must include
- •Proposed order
A petition for an allowance from an incapacitated person’s estate must include the specified guardian, petitioner, estate, incapacitated person, dependents, creditor, requested-distribution, and prior-distribution information.
Court's wording
(b) Contents of Petition. The petition shall set forth the following: (1) the name of the guardian, the date of the guardian’s appointment, if the petitioner is not the guardian, petitioner’s relationship to the incapacitated person, and, if not related, the nature of the petitioner’s interest; (2) a summary of the inventory, the date it was filed and the nature and present value of the estate; (3) the address and the occupation, if any, of the incapacitated person; (4) the names and addresses of the incapacitated person’s dependents, if any; (5) a statement of all claims of the incapacitated person’s creditors, known to the petitioner; (6) a statement of the requested distribution and the reasons therefor; and (7) a statement of all previous distributions allowed by the court.
Promptly upon appointment, a court-appointed guardian shall submit a completed Commonwealth of Pennsylvania Notification of Mental Health Commitment (Form SP 4-131) to the court.
Promptly upon appointment, a court-appointed guardian shall initial, sign and file a Guardian Acknowledgment of Duties and Liabilities form, as follows:
The annual report must attest to the information required by 20 Pa.C.S.A. §5521(c).
Court's wording
File an annual report electronically through the Guardianship Tracking System or, on forms available in the Register of Wills/Clerk of the Orphans’ Court office attesting to the information required by 20 Pa.C.S.A. §5521(c).
Report any change of my address to the Court within ten (10) days.
A separate petition shall be filed for each parent whose rights the petitioner seeks to terminate.
A Statement of Financial Responsibility, in the following form, shall be attached to all petitions for adoption:
If known custody or guardianship petitions concerning the adoptee are pending, the petitioner must inform the Court and request guidance about notifying the parties in those actions.
Court's wording
In addition to the requirements of Rule 15.13(a)(11), if there are any known pending petitions regarding custody or guardianship of the adoptee, the Petitioner shall inform the Court of such and request guidance on whether to provide notice of the adoption and hearing to those parties in the pending action for custody or guardianship of the adoptee.
Filing & Service rules
Electronic Filing Rules
The inventory may be filed electronically through the Guardianship Tracking System or on paper through the Register of Wills office.
(Electronically through the Guardianship Tracking System, or in paper form through the Register of Wills office, along with the appropriate filing fee.)
Civil cases
Page 21 | Guardianship duties
The guardian must file an annual report electronically through the Guardianship Tracking System or on the designated forms, attesting to the information required by statute.
File an annual report electronically through the Guardianship Tracking System or, on forms available in the Register of Wills/Clerk of the Orphans’ Court office attesting to the information required by 20 Pa.C.S.A. §5521(c).
Civil cases
Page 21 | Guardianship duties
Beginning on the date set by Administrative Order, parties must file all legal papers, including exhibits and attachments, through the Berks County EFS.
(a)(1) Beginning on the date established by the President Judge by Administrative Order, parties shall file all “legal papers” as defined by Pa.R.C.P. No. 205.4(a)(2), with the Prothonotary through the Berks County Electronic Filing System “EFS” as more specifically provided here and in Pa.R.C.P. No. 205.4. Explanatory Note: The term “legal paper” as defined in Pa.R.C.P. No. 205.4(a)(2) encompasses all pleadings and other papers filed with the Prothonotary, including exhibits and attachments – even if the legal papers are not adversarial in nature and do not require the non-filing party or parties to respond.
Civil cases
Page 17 | PETITIONS, MOTIONS AND ANSWERS; Rule 205.4(a)(1)
Counsel and unrepresented parties must apply for and receive a username, password, and PIN to access the EFS.
(iii) Access to the Website. To obtain access to the Berks County Electronic Filing System, counsel and any unrepresented party must apply for and receive a User Name, Password, and Personal Identification Number (“PIN”).
Civil cases
Page 18 | Rule 205.4(c)(2)(iii)
Legal papers must be filed electronically through the EFS website, and users must follow the EFS User Manual.
(i) Website. All legal papers shall be filed electronically through the Berks County Electronic Filing System “EFS” which shall be accessible through the County of Berks website, www.co.berks.pa.us, or at such other website as may be designated from time to time. (ii) Use of the EFS shall be in accordance with the User Manual.
Civil cases
Page 18 | Rule 205.4(c)(2)(i)–(ii)
An accepted electronic document is the official record, except that a document bearing a raised seal must also be filed in original form with the Prothonotary as the official record.
(f)(2) When an electronic document is accepted, the electronic document is the official record, except for documents containing a raised seal. Documents containing a raised seal shall be filed electronically, and the original with the raised seal shall be filed with the prothonotary’s office as the official record.
Civil cases
Page 18 | Rule 205.4(f)(2)
An electronic filer may allow use of their username and password only by an agent they have authorized.
An authorized electronic filer must not allow their user name and password to be used by anyone other than an agent who is authorized by the electronic filer.
Civil cases
Page 19 | Signatures and Verifications
A filing requested to be sealed must be submitted over the counter to the Prothonotary’s Office, not through EFS.
Filings requested to be made under seal shall be submitted to the Prothonotary’s Office over the counter rather than through EFS.
Civil cases
Page 21
An attachment or exhibit that cannot be electronically filed under EFS technical standards must be filed as the court orders.
An attachment or exhibit that exceeds the technical standards for the EFS or is unable to be electronically filed must be filed as ordered by the court.
Civil cases
Page 21
The annual report may be filed electronically through the Guardianship Tracking System or on forms available from the Register of Wills/Clerk of the Orphans’ Court office.
File an annual report electronically through the Guardianship Tracking System or, on forms available in the Register of Wills/Clerk of the Orphans' Court office attesting to the information required by 20 Pa.C.S.A. §5521(c).
Civil cases
Page 3 | Rule 14.8B Guardian Acknowledgment
The inventory may be filed electronically through the Guardianship Tracking System or on paper through the Register of Wills office.
(Electronically through the Guardianship Tracking System, or in paper form through the Register of Wills office, along with the appropriate filing fee.)
Civil cases
Page 3 | Rule 14.8B Guardian Acknowledgment
EFS registered users must be individuals, not law firms or other groups.
(iv) Registered users shall be individuals, and not law firms, agencies, corporations, nor other groups.
Civil cases
Page 18 | Rule 205.4(c)(2)(iv)
Electronic filers need not file paper copies unless the court specifically requires them.
An electronic filer is not required to file any paper copies unless specifically required by the court.
Civil cases
Page 21
Electronic filers need not file multiple copies of documents otherwise required by local rules.
An electronic filer is not required to file multiple copies of documents as specified elsewhere in these local rules.
Civil cases
Page 21
Sealed or confidential documents may be electronically filed if the filing method maintains confidentiality as required by applicable law.
Sealed or confidential documents may be submitted for electronic filing in a manner that maintains confidentiality under applicable law.
Civil cases
Page 21
Electronic filing is permitted whenever the EFS is available.
Electronic filing is permitted at all times when the EFS is available.
Civil cases
Page 21
Confidential data may be collected through EFS for authorized personnel while being protected from public view.
Confidential data may be collected on the EFS so that the data can be viewed by authorized personnel while being protected from public view.
Civil cases
Page 22
An attorney admitted pro hac vice in a case using the Berks County EFS may file as a non-attorney user because the system permits attorney users only if they have a valid Pennsylvania Supreme Court identification number.
Attorneys admitted pro hac vice in a case using the Berks County Electronic Filing System (EFS) may file as a non-attorney user since the EFS system only allows attorney users with a valid Pennsylvania Supreme Court identification number.
Civil cases
Page 46 | VENUE AND PROCESS
Waivers may be submitted to Court Administration in person or by mail.
Waivers will be accepted in Court Administration – 4th Floor, Services Center, or by mail.
Criminal cases
Page 1 | WAIVER OF ARRAIGNMENT
Filing Timing and Cure Windows
A court session, return day, or time for a judicial or clerical act that falls on a holiday, Saturday, or Sunday moves to the next day that is none of those, unless a rule or court order provides otherwise.
Whenever a session of the court, a return day, or any time fixed for performing any judicial or clerical duty, falls on a holiday, a Saturday or a Sunday, the next following day not a holiday, a Saturday or a Sunday shall be the day for the session of court, the return day, or the time for performance of the judicial or clerical act, unless otherwise provided by these rules or order of court.
Civil cases
Page 4 | CHAPTER I. PRELIMINARY RULES
Mediation does not delay required pleadings, ordered return dates, or hearing scheduling unless all interested parties specifically request a stay and the court orders it.
Mediation shall not delay the required filing of any pleading or ordered return dates, or the scheduling of court hearings, unless a stay is specifically requested by all interested parties, and so ordered by the court.
Civil cases
Page 4 | CHAPTER I. PRELIMINARY RULES
After May 1, a surety company may not execute a bond until it files a certificate issued after March 31 of that year.
no bond shall be executed by any surety company after May 1 of any year until such a certificate issued after March 31 of the same year shall have been filed with the Clerk.
Civil cases
Page 5 | Corporate Sureties
The corporate fiduciary's annual qualification statement is due on or before May 1.
Thereafter, on or before the first day of May of each year such corporation shall file a statement, verified by the oath or affirmation of an executive officer thereof, that it continues to be qualified to act in such capacity.
Civil cases
Page 5 | Rule 1.9B Corporate Fiduciaries
Account objections must be written and filed with the Clerk before the account is submitted to the Court, by close of business on the preceding business day at the latest.
Any objections to the account must be made in writing and filed with the Clerk of the Orphans’ Court Division any time prior to the date set forth for submission by the Clerk to the Court for review but no later than the close of business of the last business day prior to the submission to the Court
Civil cases
Page 6 | Rule 2.5A Notice of Account Contents
Objections to accounts may be made at any time prior to the close of business on the first Tuesday of each month (or the first Monday of each month should the first Tuesday be a holiday) to the Court by the Clerk by filing such objections in writing in the Clerk of the Orphans’ Court Division.
Objections to accounts may be made at any time prior to the close of business on the first Tuesday of each month (or the first Monday of each month should the first Tuesday be a holiday) to the Court by the Clerk by filing such objections in writing in the Clerk of the Orphans’ Court Division.
Civil cases
Page 7 | Rule 2.7A Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution – Order
Objections to the specified accounts must be filed within 20 days after service of a copy of the account.
Objections that are to be made: (1) to an account not filed for submission to the Court for audit but filed by order of the Court; or (2) an account filed without a Petition for Adjudication/Statement of Proposed Distribution shall be filed within twenty (20) days from service of a copy of the account filed with the Clerk.
Civil cases
Page 7 | Rule 2.7A Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution – Order
If you desire to object, you must file objections in writing with the Clerk on or before the close of business of the last business day before submission to the Court.
If you desire to object, you must file objections in writing with the Clerk on or before the close of business of the last business day before submission to the Court.
Civil cases
Page 7 | Rule 2.6B Advertising of Accounts
The seller must file a return in affidavit form within five days after the sale unless the order approving the sale provides another time.
(b) Return. Within five days after the sale, or such other time as the order approving a public sale provides, the seller shall file a return in the form of an affidavit, which shall set forth:
Civil cases
Page 14 | Rule 5.10C Notice. Return
The non-moving party must file a response and proof of service no later than 30 days after service of the summary judgment motion.
(b) The non-moving party shall file a response to the motion for summary judgment and proof of service no later than thirty (30) days after the date of service of the motion in accordance with Pa.R.C.P. 1035.3(a).
Civil cases
Page 17 | Rule 7.3A Briefs, Argument, and Disposition
The non-moving party must file a responsive brief within 20 days after service of the moving party’s argument brief.
(c) If the moving party files the request for argument, an argument brief shall be filed therewith, and the non-moving party shall file a responsive brief within 20 days of service of the moving party’s brief.
Civil cases
Page 17 | Rule 7.3A Briefs, Argument, and Disposition
The non-moving party must file an answer, argument brief, and proof of service within 30 days.
(b) The non-moving party shall file an answer, argument brief and a proof of service within 30 days.
Civil cases
Page 17 | Rule 7.2A Briefs and Argument
If the non-moving party requests argument, the moving party must file and serve an argument brief within 20 days after service of the request.
(d) If the non-moving party files the request for argument, accompanied by a proof of service, the moving party shall file and serve a brief of argument within 20 days of service of the request.
Civil cases
Page 17 | Rule 7.3A Briefs, Argument, and Disposition
After the moving party’s brief is filed and served, the non-moving party must file and serve its argument brief within 20 days.
(d) If the non-moving party files the request for argument, accompanied by a proof of service, the moving party shall file and serve a brief of argument within 20 days of service of the request. The non-moving party shall thereafter file and serve an argument brief within 20 days of filing and service of the moving party’s brief.
Civil cases
Page 17 | Rule 7.3A Briefs, Argument, and Disposition
The required supporting materials must be filed with the motion for judgment on the pleadings.
(a) A party filing a motion for judgment on the pleadings shall file simultaneously with the Clerk an argument brief, an argument scheduling order, and a proof of service.
Civil cases
Page 17 | Rule 7.2A Briefs and Argument
Interested parties may file objections to an auditor’s or master’s report within twenty days after notice of filing.
(a) Consistent with the procedure set forth in Pa. O.C. Rule 2.7, any interested party shall have the right to file objections to an auditor's or master's report within twenty days of the notice of its filing.
Civil cases
Page 19 | Rule 9.7A Objections
The guardian must file an inventory and statement of expected acquisitions within three months.
Within three months, file an inventory of my ward’s real and personal property and a statement of any property that I expect to acquire thereafter.
Civil cases
Page 21 | Guardianship duties
The guardian must file a final report within 60 days of the ward’s death or adjudication of capacity.
I shall file a final report within 60 days of my ward’s death or adjudication of capacity.
Civil cases
Page 21 | Guardianship duties
A real estate tax assessment appeal must use the specified caption and be filed with the Prothonotary within the statutory time limit.
(a) Real Estate Tax Assessment Appeal from a decision of the Berks County Board of Assessment Appeals as to the amount of assessment for real estate tax purposes or as to exemption of real estate from payment of real estate taxes shall be captioned Real Estate Tax Assessment Appeal and shall be filed with the Prothonotary within the time prescribed by statute.
Civil cases
Page 10 | ASSESSMENT APPEALS
Within five days after filing the appeal, the Appellant must file proof of service with the Prothonotary, consisting of a verified statement and the certified- or registered-mail sender’s receipt.
(d) Appellant shall file with the Prothonotary within five (5) days of the filing of the Real Estate Tax Assessment Appeal proof of service of copies thereof consisting of a verified statement as “verified” is defined in Pa. R.C.P.No. 76 that service was made by certified or registered mail, with sender’s receipt for certified or registered mail attached thereto.
Civil cases
Page 10 | ASSESSMENT APPEALS
Within five days after filing the Notice of Intervention, the intervenor must file proof of service consisting of a verified statement and the certified- or registered-mail receipt.
Intervenor shall file with the Prothonotary within five days of the filing of Notice of Intervention proof of service of copies thereof consisting of a verified statement as “verified” is defined in Pa.R.C.P.No.76 that service was made by certified or registered mail, with sender’s receipt for certified or registered mail attached thereto.
Civil cases
Page 11 | ASSESSMENT APPEALS
Each party of record must file the memorandum and serve it on the trial judge at least seven days before the conference, and must provide verified proof of service on the parties by personal service or regular mail.
Each party of record shall file with the Prothonotary a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as “verified” is defined in Pa.R.C.P. No. 76.
Civil cases
Page 11 | ASSESSMENT APPEALS
A party in a covered civil case that files a Federal Bankruptcy case must file written notice in the state court within ten days.
a party in such a case who files a Federal Bankruptcy case shall within ten (10)days of such filing file written notice in this court.
Civil cases
Page 12 | BANKRUPTCY
Unless exceptions are filed, a distribution decree nisi becomes absolute ten days after service of the petition and decree nisi, subject to the stated exceptions.
Except in cases in which there is an agreement in writing of the parties filed of record and cases involving distribution of money under provisions of the Eminent Domain Code, the court upon the presentation of a petition praying for the distribution of money paid into court, shall forthwith enter a decree nisi directing payment, which decree shall, unless exceptions be filed thereto, become absolute as of course ten (10) days after the service of a copy of said petition and of said decree nisi upon all other parties due proof of said service as directed by the court having first been filed.
Civil cases
Page 13 | MONEY IN COURT — Rule 32 Petition for Distribution
Court approval or confirmation of the sale must be obtained before the deed is delivered.
Court approval or confirmation must be obtained before delivery of a deed.
Civil cases
Page 14 | SALES OF REAL ESTATE — Rule 36(e)
The party who caused the writ to issue must take one of the specified procedural steps within ten days after the record is returned.
the party causing the writ to issue shall, within ten (10) days after the return of the record:
Civil cases
Page 16 | MINOR JUDICIARY — Rule 40 Certiorari Issued to District Justice
Service and Proof of Service Rules
A petition to withdraw must be served on the client, all interested parties, and their counsel.
(b) A petition to withdraw shall be served on the client and all interested parties and their counsel.
Civil cases
Page 4 | CHAPTER I. PRELIMINARY RULES
If the circumstance requiring a report arises after the petition is filed, the report must be served on all potentially affected parties, including the distributee’s heirs, with the specified notice.
If the circumstance necessitating such a report arises after the filing of the Petition for Adjudication/Statement of Proposed Distribution, the report shall be filed and served on all parties whose rights might be affected by the circumstance, including the distributee’s heirs, with notice in accordance with Pa. O.C. Rule 2.5(a) – (g).
Civil cases
Page 8 | Rule 2.10A Foreign Heirs and Unknown Distributees – Report
The proposed Adjudication and Decree must be served with the Petition for Adjudication/Statement of Proposed Distribution.
A proposed Adjudication and Decree for confirmation of the account by the court shall be filed and served with the Petition for Adjudication/Statement of Proposed Distribution.
Civil cases
Page 8 | Rule 2.9A Adjudication and Decree
The moving party must give each interested party at least 48 hours’ notice of the presentation when they have a right to be heard, unless an emergency prevents it, in which case as much notice as reasonably possible must be given.
If the petition, motion, or application is of such a nature that interested parties have a right to be heard, the moving party shall give each interested party at least forty-eight (48) hours’ notice of the time when the moving party will appear and present such petition, motion, or application, unless the emergency nature of the matter prevents such notice. In the latter situation, the moving party shall give as much notice as is reasonably possible.
Civil cases
Page 10 | CHAPTER III. PETITION PRACTICE AND PLEADING — Rule 3.5B Emergency Petition
A copy of a family-exemption petition and any required notices must be served on the Department of Revenue.
A copy of the petition for a family exemption and any required notices shall be served on the Department of Revenue.
Civil cases
Page 12 | Rule 5.2B Notice
A copy of a petition claiming a spousal share and any required notices must be served on the Department of Revenue.
A copy of the petition claiming a spousal share and any required notices shall be served on the Department of Revenue.
Civil cases
Page 12 | Rule 5.3B Notice
Sale notice must be conspicuously posted at the property and at least three nearby locations at least 20 days before the sale, and published weekly for three successive weeks in the specified publications.
(a) Notice. In addition to the notice requirements of any applicable statute or other rule or order of court, notice of the sale shall be conspicuously posted on the property to be sold and at a minimum of three other locations within the immediate vicinity of the property at least 20 days prior to the scheduled sale and be published in the legal periodical and newspaper of general circulation serving the property’s locale a minimum of once per week for three successive weeks.
Civil cases
Page 14 | Rule 5.10C Notice. Return
When the non-moving party requests argument, both parties must serve their respective argument briefs as required by the rule.
(d) If the non-moving party files the request for argument, accompanied by a proof of service, the moving party shall file and serve a brief of argument within 20 days of service of the request. The non-moving party shall thereafter file and serve an argument brief within 20 days of filing and service of the moving party’s brief.
Civil cases
Page 17 | Rule 7.3A Briefs, Argument, and Disposition
An auditor or master must give hearing notice to interested parties or their attorneys at least 20 days in advance, using the manner prescribed by Pa. O.C. Rule 4.3.
An auditor or master shall give notice of scheduled hearings to all interested parties, or to their attorneys of record, in the manner provided in Pa. O.C. Rule 4.3 at least twenty days in advance.
Civil cases
Page 18 | Rule 9.1A Manner of Notice
The auditor’s or master’s report and notice of filing must be served on all interested parties or their attorneys using the manner prescribed by Pa. O.C. Rule 4.3.
A copy of the auditor’s or master’s report and notice of its filing shall be served on all interested parties, or their attorneys of record, in the manner provided in Pa. O.C. Rule 4.3.
Civil cases
Page 18 | Rule 9.6A Manner of Notice
If any part of the estate came from the United States Veterans Administration or its successor, notice of the allowance request must be given to that agency.
(c) Restrictions Governing Allowance. If any portion of the incapacitated person’s estate is received from the United States Veterans Administration or its successor, notice of the request for allowance shall be given to this agency.
Civil cases
Page 20 | Rule 14.1A Allowances From an Incapacitated Person’s Estate
When the specified child was represented by a guardian ad litem in a dependency or termination proceeding, the filer must immediately serve the guardian ad litem with notice of a request concerning a continuing-contact agreement.
Whenever a request for court approval of a voluntary agreement for continuing contact, or modification or termination thereof, under Subchapter D of the Adoption Act is filed and the child(ren) subject to the agreement is or was represented by a guardian ad litem in a dependency or termination of parental rights proceeding, the party filing the request for approval shall immediately serve notice of the filing on the guardian ad litem.
Civil cases
Page 22 | CHAPTER XV. ADOPTIONS — Rule 15.13C Agreements for Post-Adoption Contact
(c) Appellant shall serve copies of the Real Estate Tax Assessment Appeal by certified or registered mail upon the Board addressed to 633 Court Street, 3rd Floor, Reading, PA 19601, and upon the following except if named as the Appellant: Board of County Commissioners of Berks County (County) addressed to 633 Court Street, 13th Floor, Reading, PA 19601, upon the governing board of the municipality and the board of school directors of the school district wherein the real estate is located addressed to the governing board and to the board of school directors at the respective offices of the municipality and school district, or, in the absence of an office of the municipality addressed to the governing board and secretary thereof at the secretary’s last known residence address, and upon Respondent owner of the real estate at such owner’s last known address.
(c) Appellant shall serve copies of the Real Estate Tax Assessment Appeal by certified or registered mail upon the Board addressed to 633 Court Street, 3rd Floor, Reading, PA 19601, and upon the following except if named as the Appellant: Board of County Commissioners of Berks County (County) addressed to 633 Court Street, 13th Floor, Reading, PA 19601, upon the governing board of the municipality and the board of school directors of the school district wherein the real estate is located addressed to the governing board and to the board of school directors at the respective offices of the municipality and school district, or, in the absence of an office of the municipality addressed to the governing board and secretary thereof at the secretary’s last known residence address, and upon Respondent owner of the real estate at such owner’s last known address.
Civil cases
Page 10 | ASSESSMENT APPEALS
An intervenor must serve the Notice of Intervention by certified or registered mail on the listed parties of record.
Intervenor shall serve copies of Notice of Intervention by certified or registered mail upon Appellant, Appellee, any Respondent owner and any other intervening parties of record.
Civil cases
Page 11 | ASSESSMENT APPEALS
Each party of record shall file with the Prothonotary a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as “verified” is defined in Pa.R.C.P. No. 76.
Each party of record shall file with the Prothonotary a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as “verified” is defined in Pa.R.C.P. No. 76.
Civil cases
Page 11 | ASSESSMENT APPEALS
All other parties must be served with a copy of the bankruptcy notice in the manner provided by B.R.C.P. 440/441.
All other parties shall be served with a copy of said notice in the manner provided by B.R.C.P. 440/441.
Civil cases
Page 12 | BANKRUPTCY
For a distribution petition, except in the stated written-agreement and Eminent Domain Code cases, the court enters a decree nisi; absent exceptions, it becomes absolute ten days after service on the other parties and filing due proof of service.
Except in cases in which there is an agreement in writing of the parties filed of record and cases involving distribution of money under provisions of the Eminent Domain Code, the court upon the presentation of a petition praying for the distribution of money paid into court, shall forthwith enter a decree nisi directing payment, which decree shall, unless exceptions be filed thereto, become absolute as of course ten (10) days after the service of a copy of said petition and of said decree nisi upon all other parties due proof of said service as directed by the court having first been filed.
Civil cases
Page 13 | MONEY IN COURT — Rule 32 Petition for Distribution
All interested parties must receive at least fifteen days' advance notice of the proposed sale by personal service or registered or certified mail, unless the court orders otherwise.
At least fifteen (15) days' prior notice of the time and place of the proposed sale shall be given to all parties in interest, by personal service or registered or certified mail, unless otherwise ordered by the court.
Civil cases
Page 14 | SALES OF REAL ESTATE — Rule 36(d)
After a public-sale petition is granted, the sale, its conditional status, and the approval or confirmation details must be advertised weekly for three successive weeks in the specified publications, with notices posted on the property and at three nearby locations.
If the prayer of the petition for sale be granted, the order granting the same shall contain the date, time and place for approval or confirmation of the sale to the purchaser at said public sale, and said sale and the fact that it is subject to approval or confirmation by the court, together with the said date, time and place fixed for the approval or confirmation shall be advertised once a week for three (3) successive weeks in the Berks County Law Journal and in one other newspaper of general circulation in Berks County, and notice shall be given by posting a notice on the premises and three (3) additional notices in the immediate vicinity of the premises to be sold.
Civil cases
Page 14 | SALES OF REAL ESTATE — Rule 36(d)
If all interested parties have not appeared or joined, the petitioner must move for a rule to show cause, which is served on those parties; the order sets the return date and directs advertisement service for parties who cannot otherwise be served.
If all parties in interest do not voluntarily appear as petitioners or respondents or join in the petition to sell real estate at public sale, a rule to show cause why the prayer of the petition should not be granted shall be issued by the court upon motion of the petitioner to be served upon all parties who have not appeared or joined in the petition, returnable on a day to be fixed in the order granting the rule which order shall also direct the manner of service by advertisement upon all parties who cannot otherwise be served.
Civil cases
Page 14 | SALES OF REAL ESTATE — Rule 36(c)
Notice of the hearing and its purpose must be advertised once at least one week beforehand in a Berks County newspaper of general circulation and in the Berks County Law Journal.
the court shall fix a time for hearing thereon and notice of such hearing and the purpose thereof shall be advertised once, which advertisement shall be at least one (1) week before the time appointed for said hearing in at least one (1) newspaper of general circulation in Berks County and in the Berks County Law Journal.
Civil cases
Page 15 | Rule 37 — Contents of Petition for Private Sale. Notice of Hearing Thereon. Rule to Show Cause.
The order granting the rule must direct service by advertisement on any parties who cannot otherwise be served.
which order granting such rule shall also direct the manner of service by advertisement upon all parties who cannot otherwise be served.
Civil cases
Page 15 | Rule 37 — Contents of Petition for Private Sale. Notice of Hearing Thereon. Rule to Show Cause.
A rule to show cause must be issued on the petitioner’s motion and served on all parties who did not join or concur in the petition.
a rule to show cause why the prayer of the petition should not be granted shall be issued by the court upon motion of the petitioner to be served on all parties who have not so petitioned or concurred
Civil cases
Page 15 | Rule 37 — Contents of Petition for Private Sale. Notice of Hearing Thereon. Rule to Show Cause.
A copy of the exceptions must be served by personal service or first-class mail on opposing counsel of record or an unrepresented party.
serve a copy of such exceptions by personal service or first class mail on opposing counsel of record or party without counsel
Civil cases
Page 16 | MINOR JUDICIARY — Rule 40 Certiorari Issued to District Justice
Copies of the petition and rule must be served by personal service or first-class mail on the Magisterial District Judge and opposing counsel of record or an unrepresented party.
serve copies of the petition and rule by personal service or first class mail on the Magisterial District Judge and on opposing counsel of record or party without counsel.
Civil cases
Page 16 | MINOR JUDICIARY — Rule 40 Certiorari Issued to District Justice
An accepted pleading or legal paper other than original process is electronically served under the cited rules.
If the pleading or legal paper other than original process is accepted for filing, it will be electronically served as authorized by Pa.R.C.P. No. 205.4 (g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4 (g)(2)(ii).
Civil cases
Page 20 | Other Procedures Necessary to the Operation of a System of Electronic Filing
Filing Fees and Waivers
A paper inventory filing through the Register of Wills office must be accompanied by the appropriate filing fee.
(Electronically through the Guardianship Tracking System, or in paper form through the Register of Wills office, along with the appropriate filing fee.)
Civil cases
Page 21 | Guardianship duties
A filing fee will be charged for paper annual reports.
(Filing fee will be charged for paper filings.)
Civil cases
Page 21 | Guardianship duties
Filing fees may be paid through PayPal or as provided in the User Manual, but advance deposits for future filings are not accepted.
The Prothonotary will accept filing fees through PayPal or as set forth in the User Manual. The Prothonotary will not accept advance deposits for future filings.
Civil cases
Page 18 | Rule 205.4(d)(1)
An electronic filing fee applies to each legal paper or exhibit, with the fee established by the Prothonotary subject to the President Judge’s approval.
The Prothonotary shall collect an electronic filing fee for each legal paper or exhibit filed as established by the Prothonotary with the approval of the President Judge of the Berks County Court of Common Pleas.
Civil cases
Page 20 | Electronic Filing Fees and Costs
The required fee must be submitted with the exceptions and transcript request for Support Argument.
File exceptions to the finding of fact and recommendations of the Support Hearing Officer with the Domestic Relations Section together with a request for transcript and the required fee.
Civil cases
Page 32 | Rule 211.9 Argument Court Procedures for Support Argument
A pleading lacking the required verified statement must still be accepted and filed without payment, with the form provided for completion; further proceedings require payment unless the court orders otherwise, and a request for further action without payment must be referred to a judge.
(b) If a pleading is filed which is not accompanied by the required verified statement, the prothonotary shall nevertheless accept the pleading for filing and file the same without payment of costs or fees and shall furnish to the applicant the form of the verified statement with a request that it be executed and returned for filing with the pleading. However, the prothonotary shall take no further steps in such proceedings without the payment of the required costs or fees, unless otherwise ordered by the court. If application is made to the prothonotary for any further filing or the taking of any further action without the payment of costs and fees, the matter shall be referred to the judge assigned to the case or, if none, to the emergency motions judge for disposition.
Civil cases
Page 42 | IN FORMA PAUPERIS
Counsel must pay the appropriate filing fee when filing a certificate of readiness for arbitration after a case is stricken from the trial list.
If a case is stricken from the trial list by the court, counsel shall file a certificate of readiness for arbitration on the form approved by the court, together with the appropriate filing fee.
Civil cases
Page 53 | ARBITRATION — Rule 1301.1
The cost to appeal an arbitration award is the lesser of the arbitrators’ compensation or 50% of the amount in controversy, unless the Pennsylvania Rules of Civil Procedure provide otherwise.
The cost for appealing the arbitration award shall be the amount of compensation paid to the arbitrators, or 50% of the amount in controversy, whichever is less, unless otherwise provided by the Pennsylvania Rules of Civil Procedure.
Civil cases
Page 57 | Rule 1308 Appeal - Listing Case for Trial
If defects are not corrected within 60 days, a new praecipe and the administrative fee must be filed.
If the defects are not corrected within sixty (60) days, the file will be returned to the Prothonotary’s Office and a new praecipe to transmit the record together with the administrative fee will be required to be filed.
Civil cases
Page 71 | Rule 1920.42 Filing of Praecipe to Transmit Record
An administrative fee set by the President Judge, in addition to Commonwealth fees, must be paid when the praecipe to transmit the record is filed.
An administrative fee in an amount set by the President Judge through an Administrative Order, in addition to any fees imposed by the Commonwealth, shall be paid upon the filing of the praecipe to transmit the record.
Civil cases
Page 71 | Rule 1920.42 Filing of Praecipe to Transmit Record
When filing the motion, the moving party must pay the amount set by the President Judge through an Administrative Order.
Upon filing a motion for the appointment of a Divorce Master, the moving party shall pay an amount set by the President Judge through an Administrative Order.
Civil cases
Page 73 | Rule 1920.51.5 Deposit of Costs to Accompany Motion for Appointment of Divorce Master
A filing fee is charged for paper annual-report filings.
(Filing fee will be charged for paper filings.)
Civil cases
Page 3 | Rule 14.8B Guardian Acknowledgment
The inventory filing requires the appropriate filing fee.
(Electronically through the Guardianship Tracking System, or in paper form through the Register of Wills office, along with the appropriate filing fee.)
Civil cases
Page 3 | Rule 14.8B Guardian Acknowledgment
4. A defendant accepted into ARD may be referred to any of the following programs and shall pay any costs associated with a program. If a defendant is referred to any of the following programs, the defendant shall contact the office or agency administering the program to ascertain the cost of the program and acceptable method of payment.
4. A defendant accepted into ARD may be referred to any of the following programs and shall pay any costs associated with a program. If a defendant is referred to any of the following programs, the defendant shall contact the office or agency administering the program to ascertain the cost of the program and acceptable method of payment.
Criminal cases
Page 11 | ACCELERATED REHABILITATIVE DISPOSITION
The ARD program for summary cases costs $100.00.
1. The cost of the ARD program for summary cases is $100.00.
Criminal cases
Page 11 | ACCELERATED REHABILITATIVE DISPOSITION
All costs and any restitution must be paid before the ARD program is completed.
6. All costs and restitution, if any, must be paid before completion of the ARD program.
Criminal cases
Page 11 | ACCELERATED REHABILITATIVE DISPOSITION
A paper may not be entered upon the record without payment of the required filing fee unless payment is excused by statute, rule, or court order.
(b) Anything in subsection (a) above to the contrary notwithstanding, the prothonotary and clerk of courts shall not enter any paper upon the record without payment of the required filing fee, unless such payment is excused by statute, rule or order of court.
Page 11 | Rule 401 Forms of Papers Filed — Filing Fee Required, Unless Excused
A litigant ordering a transcript must pay one-half of the payment to the appropriate court filing office.
(D)(1) When a litigant requests a transcript, the litigant ordering a transcript shall make payment in the amount of one-half payment to the appropriate filing office of the court;
Page 19 | Transcripts — No. 4007.1
The ordering party must pay any outstanding balance before receiving the transcript copy, and final-balance checks must be delivered to and made payable to the appropriate filing office.
(D)(4) Upon payment of any balance due and owing by the ordering party, the appropriate filing office shall deliver the copy of the transcript to the ordering party. Checks for the final balance due shall be delivered to and made payable to the appropriate filing office.
Page 19 | Transcripts — No. 4007.1
A check for the final transcript balance must be made payable to and delivered to the filing office.
Checks for the final balance due shall be made payable to the filing office and shall be delivered to the filing office.
Page 20 | Transcripts — No. 4008.1(A)(2)
A requester other than the Commonwealth or a political subdivision must complete a Request for Copy of Transcript form and pay $0.75 per page for a bound-paper copy of a transcript already on file.
(3) Where any person or entity other than the Commonwealth or a political subdivision thereof requests a copy of the transcript previously ordered, transcribed, and filed of record, such person or entity must complete a Request for Copy of Transcript form and may purchase the same by paying the filing office $0.75 for each page of bound paper format.
Page 20 | Transcripts — No. 4008.1(A)(3)
If an electronic copy is available, a requester other than the Commonwealth or a political subdivision must complete a Request for Copy of Transcript form and pay $0.50 per page.
Where any person or entity other than the Commonwealth or a political subdivision thereof requests a copy of the transcript in electronic format (if available), such person or entity must complete a Request for Copy of Transcript form and may purchase the same by paying the filing office $0.50 for each page of transcript.
Page 20 | Transcripts — No. 4008.1(A)(3)
A requester other than the Commonwealth or its subdivision must pay half the estimated transcript cost in advance, at the stated per-page rates, and the balance upon completion.
(1) Any person or entity who obtains a Transcript Request Form shall pay to the appropriate filing office one-half the estimated cost for the transcript calculated at the rate of $2.75 for each page of bound ordinary original transcript and $0.75 for each page of copy to the requestor in bound paper format or $0.50 for each page of copy to the requestor in electronic format and shall pay the balance upon completion of the transcript.
Page 20 | Transcripts — No. 4008.1(A)(1)
File the form and copies with a check payable to the appropriate court office—not the reporter—for the estimated one-half transcript cost; the designated office will not accept the request without payment at filing.
(d) Take the unauthorized Transcript Request Form and all copies along with a check payable to the appropriate office (not the official court reporter) in the amount of the estimated cost of one-half payment of transcript to one of the following offices: Criminal to the Clerk of Courts, Civil/Family/Equity to the Prothonotary, Orphans’ Court to the Register of Wills. NEITHER THE CLERK OF COURTS’ OFFICE, THE PROTHONOTARY’S OFFICE, NOR THE REGISTER OF WILLS’ OFFICE WILL ACCEPT THE TRANSCRIPT REQUEST FORM IF THE APPROPRIATE PAYMENT IS NOT INCLUDED AT THE TIME OF FILING;
Page 22 | Rule 4009.1 – Fees and Procedures
The Prothonotary may charge a separately set fee for each page of a hard-copy legal paper or exhibit that must be converted to the required format.
In addition to such electronic filing fee, the Prothonotary is authorized to charge a fee as set from time to time for each page of a legal paper or exhibit which is filed in hard copy format and which must be converted to the required format.
Civil cases
Page 20 | Electronic Filing Fees and Costs
When a litigant alleges economic hardship that prevents payment for a transcript, the court determines hardship under Rule 4008.2.
(E) When a litigant requests a transcript but cannot pay for the transcript because of alleged economic hardship, the court shall determine economic hardship pursuant to the procedure set forth in Rule 4008.2.
Page 19 | Transcripts — No. 4007.1
Sealing & Redaction Procedures
Family Court documents must remain confidential and unavailable for public viewing in CMS unless the court orders otherwise.
Family Court documents shall be confidential and shall not be viewable in CMS by the public without an Order of Court.
Civil cases
Page 22
Court reporters and transcriptionists must redact confidential information, as defined by the cited Public Access Policy, from transcripts and orders unless the Court orders otherwise.
Unless otherwise ordered by the Court, court reporters and transcriptionists shall redact confidential information as defined by the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of Appellate and Trial Courts from transcripts and orders.
Civil cases
Page 83 | Rule 4014 Redaction of Confidential Information
The Clerk of Courts must seal the entire record, and Court Information Management must seal the electronic records against public access.
The Clerk of Courts shall seal the entire record and Court Information Management shall seal the electronic records to prohibit public access to them.
Criminal cases
Page 17 | Rule 320.2 Form of Proposed Order for Expungement
Parties must not file both a redacted and an unredacted version of the same document.
Parties are expressly prohibited from filing a redacted and an unredacted version of any document.
Page 13 | SURETY COMPANIES — Rule 510 Public Access Policy
The court may order a filing sealed on its own motion or for good cause shown.
The Court may, on its own motion or for good cause shown, order a filing be made under seal.
Civil cases
Page 21
Filing Bundling Requirements
The non-moving party may file a written answer to the motion at the same time as its argument brief.
In addition to the requirements for filing briefs, the non-moving party may file a written answer to the motion simultaneously with the filing of an argument brief.
Civil cases
Page 26 | Rule 208.3(b) Motions. Response
Pre-Motion Conference Requirements
Counsel must meet before the status conference or argument to narrow factual and legal issues, and may settle at that meeting and the status conference.
Counsel are directed to meet prior to the conference/argument to reduce fact questions and legal issues to a minimum; and further, shall be authorized to settle at said meeting and status conference.
Civil cases
Page 11 | Rule 3.9A Preliminary Objections – Order
When an opposition is timely filed, the parties must appear at the scheduled hearing to present evidence and argue before the Discovery Master.
If an opposition is timely filed, the parties shall appear in the designated courtroom or hearing room on the date and time for the scheduled hearing to provide evidence and argue the matter before the assigned Discovery Master.
Civil cases
Page 81 | DEPOSITIONS AND DISCOVERY — Rule 4001(d)
Discovery applications and protective orders are not scheduled for regular argument or subject to the B.R.C.P. 211.2 briefing schedule unless the court orders otherwise.
Legal issues relating to discovery applications and protective orders shall not be scheduled for regular argument court or be subject to the briefing schedule provided for in B.R.C.P. 211.2, unless the court specifically so orders.
Civil cases
Page 81 | DEPOSITIONS AND DISCOVERY — Rule 4001
If no timely opposition is filed, the application is deemed unopposed, the moving party need not appear, and the Discovery Master submits a recommendation and proposed order.
If no opposition is timely filed, the discovery application shall be deemed to be unopposed, the moving party shall be excused from appearing at the scheduled hearing, and the Discovery master shall submit a written recommendation and proposed order granting the requested relief to the assigned judge for entry of an appropriate order.
Civil cases
Page 81 | DEPOSITIONS AND DISCOVERY — Rule 4001(c)
Applications for oral-deposition protective or sanction orders may be made without adjourning the deposition to the assigned judge or, if absent, the emergency motions judge; parties who wish to be heard present oral argument without briefs.
Applications for protective orders pertaining to oral depositions pursuant to Pa. R.C.P. 4012(b), or applications for sanction orders pertaining to oral depositions under Pa. R.C.P. 4019(b) may be made without adjournment of the deposition by application to the judge assigned to the case or in his or her absence, to the emergency motions judge. Oral arguments shall be presented by the parties desiring to be heard, without the filing of briefs. The judge shall rule upon the application after such oral argument, and the ruling of the court shall be transcribed as part of the record of the deposition.
Civil cases
Page 83 | Rule 4012 Application for Protective Orders and/or Sanction Orders Pertaining to Oral Depositions
The court may grant or deny objections at any time when the requested relief is appropriate on the face of the objections.
(b) The court may grant or deny objections at any time if it finds such relief is appropriate upon the face of the objections.
Civil cases
Page 19 | Rule 9.7A Objections
After argument on a second set of preliminary objections, the Court may immediately consider the first set or schedule its argument after ruling on the second set.
If the Court overrules the second set of preliminary objections or does not make a decision on the second set of preliminary objections, the Court may proceed with the consideration and disposition of the first set of preliminary objections in accordance with paragraphs (5) through (7) above immediately after the conclusion of argument on the second set of preliminary objections, or may schedule oral argument on the first set of preliminary objections for a date and time after it has ruled on the second set of preliminary objections.
Civil cases
Page 50 | (h)
Any party may apply to have the case scheduled for a Discovery Management Conference before a Discovery Master.
Any party may file an application under this rule to have the case scheduled to a Discovery Management Conference before a Discovery Master.
Civil cases
Page 82 | DEPOSITIONS AND DISCOVERY — Rule 4001(f)
Adjournment & Extension Requirements
If a continuing-contact agreement is first proposed at the adoption hearing and the previously appointed guardian ad litem is absent, the matter must be continued to allow notice to the guardian.
If a voluntary agreement for continuing contact is proposed for the first time at the time of an adoption hearing and a previously appointed guardian ad litem is not present for the hearing, the matter shall be continued to allow notice to the guardian.
Civil cases
Page 22 | CHAPTER XV. ADOPTIONS — Rule 15.13C Agreements for Post-Adoption Contact
Unless the court orders otherwise because of an emergency, an extension application must be made by the brief due date and a continuance application by the Tuesday before argument, or Monday if Tuesday is a holiday.
Unless otherwise ordered by the court because of emergency, any application for extension of time for cause for filing and serving of briefs must be made to the court on or before the due date for filing, and any application for continuance of argument must be made to the court on or before the Tuesday (or Monday if Tuesday is a holiday) prior to the scheduled argument date.
Civil cases
Page 30 | Rule 211.5(a)(2)
Parties generally cannot extend brief-filing time by agreement; the stated exception permits a reasonable extension for the party with the burden if all parties stipulate in writing and a court order is entered and filed at least 24 days before argument.
There can be no extension of time for filing and serving of briefs of argument by agreement of the parties, except that if the praecipe for argument is filed by a party not having the burden, a reasonable extension of time for filing and serving of briefs by the party having the burden will be allowed without cause upon written stipulation of all parties and order entered thereon by the court and filed at least twenty-four (24) days prior to the argument court date.
Civil cases
Page 30 | Rule 211.5(a)(1)
A party unable to meet the brief or argument requirements must timely apply to the court for an extension or continuance; the court may grant relief upon good cause.
If a party is unable to file and serve his brief of argument as required by these rules, or is unable to appear and argue the case when scheduled, such party shall make timely application to the court for an extension of time in which to file and serve his brief and/or for a continuance, and upon good cause shown the court may grant such additional time and/or continue the argument as may be proper under the circumstances.
Civil cases
Page 30 | Rule 211.5(a)
For matters other than preliminary objections, one continuance without cause is allowed upon written stipulation of all parties and a court order filed by the Tuesday before argument, or Monday if Tuesday is a holiday.
Except for argument on preliminary objections, a continuance without cause will be allowed one time on any other matter listed for argument, upon written stipulation of all parties and order entered thereon by the court and filed no later than on the Tuesday (or Monday if Tuesday is a holiday) prior to the argument court date.
Civil cases
Page 30 | Rule 211.5(a)(1)
An extension or continuance applicant must give all other parties written notice of the application's intended date, time, and nature at least three days in advance; if a party does not appear, proof of service must be filed with the application.
A party making either such application must give written notice to all other parties in accordance with B.R.C.P. 211.3(a) of the intended date, time and nature of the application at least three (3) days prior to making such application, except that notice may be waived by such other party who appears before the court at the time such application is made. If the other party does not appear, the party making application shall file proof of service of notice in accordance with B.R.C.P. 211.3(b) at or before the time of making such application.
Civil cases
Page 30 | Rule 211.5(a)(2)
The counsel or party requesting a continuance must give written notice to the arbitrators, Court Administration, and the Prothonotary's Office.
The counsel or party requesting the continuance shall give written notice of such continuance to the arbitrators, Court Administration and the Prothonotary's Office.
Civil cases
Page 55 | Rule 1303.2 Continuances
After a continuance under this procedure, Court Administration must reschedule the case within 60 days, and the Prothonotary's Office must provide hearing notice to the arbitrators, counsel, and unrepresented parties under B.R.C.P. 1301.1.
Court Administration shall reschedule the case to be heard within sixty (60) days, with notice of hearing to be provided by the Prothonotary's Office to all arbitrators, counsel and unrepresented parties in accordance with B.R.C. P. 1301.1.
Civil cases
Page 55 | Rule 1303.2 Continuances
The case may be continued once by agreement of all counsel and unrepresented parties, no later than seven days before the hearing.
No later than seven (7) days prior to the hearing date, the case may be continued one (1) time by agreement of all counsel and unrepresented parties.
Civil cases
Page 55 | Rule 1303.2 Continuances
If the parties cannot agree to a continuance more than seven days before the hearing, counsel must apply to the assigned judge for a ruling and comply with B.R.C.P. 207.1.
In the event that the parties cannot agree to a continuance more than seven (7) days prior to hearing under subparagraph (a) above, an application for a continuance of the case must be made to and ruled upon by the assigned judge. Counsel making such application shall comply with B.R.C.P. 207.1.
Civil cases
Page 56 | Rule 1303.2 Continuances
If a hearing cannot be completed at its scheduled time, the chairperson schedules a continued hearing at an agreed site upon the parties’ stipulation and written notice; if the parties cannot stipulate to the next hearing’s date, time, and place, the chairperson notifies Court Administration and the hearing is rescheduled under B.R.C.P. 1303.2(a).
If a hearing is held and cannot be concluded at the initially scheduled time as indicated on the certificate of readiness, a continued hearing shall be scheduled at an available and agreed upon site by the chairperson upon stipulation by the parties with written notice on the award form to Court Administration and the Prothonotary. If a stipulation cannot be reached as to the date, time and place of the next hearing, the chairperson shall notify Court Administration thereof and the hearing shall be rescheduled as provided in B.R.C.P. 1303.2(a).
Civil cases
Page 57 | Rule 1305.1 Continuation of Hearing
A continuance application must be submitted at least 25 days before the scheduled proceeding, or at the earliest possible opportunity, and the applicant must follow the form’s instructions.
Applications for a continuance shall be submitted at least 25 days prior to a scheduled proceeding or at the earliest possible opportunity. The applicant shall follow the instructions on the continuance form.
Civil cases
Page 62 | Rule 1910.34 Continuances
An attorney of record or self-represented party seeking a continuance of a support proceeding must use the Domestic Relations Section Application for Continuance form, available from the DRS Docketing Division or the DRS website.
Applications for continuance of a support proceeding (conference before a DRS establishment or compliance officer, hearing before a support hearing officer, hearing before a judge) shall be made by the attorney of record or a self-represented party on the Domestic Relations Section Application for Continuance form. The form may be obtained in the DRS Docketing Division or on the Berks County DRS website at http://www.co.berks.pa.us/dr/ under Forms/Filing Requirements.
Civil cases
Page 62 | Rule 1910.34 Continuances
A custody conference must be continued until the court decides a jurisdiction or venue question raised by timely preliminary objections.
If a question of jurisdiction or venue is raised by timely preliminary objections, the conference shall be continued until decision by the Court.
Civil cases
Page 63 | Rule 1915.5 Question of Jurisdiction and Venue
A continuance request for a custody conference before the Custody Conciliator must be sent to the Custody Office as a letter by fax, mail, email, or personal delivery, include the specified information, and state whether the opposing party agrees.
Continuance requests for custody conferences before the Custody Conciliator shall be faxed, mailed, e-mailed or personally delivered to the Custody Office in the form of a letter. The request shall include the docket number, the names of the parties, the date of the conference, the reason for the requested continuance, and an indication of whether or not the opposing party is in agreement with the request. The Custody Office shall notify the requesting party whether or not the request has been granted.
Civil cases
Page 68 | Rule 1915.33 Continuance Requests
A motion may seek an extension of the report decision period to 60 days, but the assigned Judge must grant it.
The report shall be filed no later than thirty (30) days following the date of the final hearing in accordance with Pa.R.C.P. 1931 unless a motion to extend time for decision to sixty (60) days has been granted by the assigned Judge.
Civil cases
Page 74 | Rule 1920.53.2 Preparation of Divorce Master’s Report
Counsel expecting to be unavailable on a possible trial day must apply to the assigned judge to be excused after giving opposing counsel advance reasonable written or oral notice; the judge decides whether the reason is valid and whether to grant the request.
If counsel in a case listed for trial expects to be unavailable on a particular day or days on which the case could be called for trial, he shall make application to the assigned Judge of the Court of Common Pleas, after advance reasonable written or oral notice of intention so to do to opposing counsel, to excuse him for that day or days. The Common Pleas Judge shall determine whether or not counsel has valid reason for being unavailable and shall either refuse or grant the request to be excused.
Criminal cases
Page 6 | TRIAL LIST
A judge designates the last day to request routine trial continuances, and requests made after that date will not be granted unless required by law or the reason arose afterward.
Each Judge of the Court of Common Pleas shall from time to time designate the last day on which he or she will entertain motions for routine continuances of matters set for trial. No continuance requested after that date will be granted, unless required by law or unless the reason for the continuance first arose after the date designated.
Criminal cases
Page 6 | TRIAL LIST
A motion for a continuance must be made in the assigned Common Pleas Judge’s courtroom at 9:30 A.M. or 1:30 P.M. on a day the judge is scheduled to sit.
All emergency motions, petitions and applications and motions for a continuance shall be made in the courtroom of the Common Pleas Judge assigned to the case either at 9:30 A.M. or 1:30 P.M. on a day he is scheduled to sit.
Criminal cases
Page 28 | Rule 575.1 Presentation of Motions, Petitions and Applications
Either party may move for a continuance upon showing cause.
Either party may move for continuance upon cause shown.
Civil cases
Page 36 | TRIALS
The court may permit continuances in accordance with Pa.R.C.P. 216.
The court may permit continuances in accordance with Pa.R.C.P. 216.
Civil cases
Page 36 | TRIALS
If an affected party files neither an amended pleading nor a response, the Court may continue the matter for no more than 60 days for the parties to produce evidence.
If any party to whose pleading preliminary objections have been filed fails to file either an amended pleading or a response to the preliminary objections, the Prothonotary shall deliver the file of the case to the Court, whereupon the Court may deem the preliminary objections to have been admitted and, without further notice, either sustain the preliminary objections; hear oral argument and rule upon the preliminary objections; rule upon the preliminary objections without oral argument; or, if an issue of fact is raised, direct that the matter be continued for no more than sixty (60) days for the parties to produce sufficient evidence for the Court to consider in making its ruling.
Civil cases
Page 49 | (f)
If an issue of fact is raised, the Court may continue the matter for no more than 60 days to allow the parties to produce evidence.
In the alternative, the Court may hear oral argument from the party that filed the preliminary objections and any other party wishing to be heard, or, if an issue of fact is raised, may direct that the matter be continued for no more than sixty (60) days in order to permit the party that filed the preliminary objections, and any other party wishing to participate, the opportunity to produce sufficient evidence for the Court to consider in ruling upon the preliminary objections.
Civil cases
Page 50 | (g)
A continuance application for a hearing before a judge must be submitted to the DRS Docketing Division for forwarding to the assigned judge for review and decision.
An application for continuance for a hearing scheduled before a judge shall be submitted to the DRS Docketing Division, to be forwarded to the assigned judge for review and decision.
Civil cases
Page 62 | Rule 1910.34 Continuances
A continuance application for a hearing before a hearing officer must be submitted to the DRS Docketing Division for forwarding to the assigned hearing officer; a party may challenge the decision before the emergency family court judge.
An application for continuance for a hearing before a hearing officer shall be submitted to the DRS Docketing Division, to be forwarded to the assigned hearing officer for review and decision. Any party objecting to the decision may seek relief before the emergency family court judge.
Civil cases
Page 62 | Rule 1910.34 Continuances
Chambers Communication Rules
A matter requiring personal presentation must first be presented to the Clerk for filing and then presented in the assigned judge’s courtroom at a prearranged time or, absent an arrangement, at 9:30 a.m. or 1:30 p.m. on a day the judge sits.
All petitions, motions, or applications necessitating personal presentation to the court shall be first presented to the Clerk for filing then made in the courtroom of the judge assigned to the case at a time prearranged with the judge and failing such prearrangement at either 9:30 A.M. or 1:30 P.M. on a day he or she is scheduled to sit.
Civil cases
Page 9 | CHAPTER III. PETITION PRACTICE AND PLEADING — Rule 3.5B Emergency Petition
When immediate action is needed to prevent irreversible harm and the assigned judge is unavailable or cannot be assigned in time, the matter must be presented to the emergency motions judge at 9:30 a.m., 1:30 p.m., or a prearranged time.
All petitions, motions, or applications which require immediate action to prevent irreversible harm in cases where the assigned judge is unavailable or in cases where no judge has been assigned to the case and the Clerk fails to assign a judge to the case in sufficient time to allow presentation to such judge shall be presented to the emergency motions judge in his or her courtroom at 9:30 A.M. or at 1:30 P.M. or at a time prearranged with that judge.
Civil cases
Page 10 | CHAPTER III. PETITION PRACTICE AND PLEADING — Rule 3.5B Emergency Petition
Electronic filers must immediately call the Prothonotary’s Office at 610-478-6970 to report unauthorized use of their EFS credentials.
Electronic filers shall notify the Prothonotary’s Office immediately by calling 610-478-6970 if there has been any unauthorized use of their EFS user name and password.
Civil cases
Page 19 | Signatures and Verifications
A motion, petition, or application may not be presented to a judge in chambers without prior arrangement, and an in-chambers appointment may be granted only for compelling reasons.
No motion, petition or application shall be made or presented to any judge in chambers without pre-arrangement with that judge. No request for appointment in chambers shall be granted except for compelling reasons.
Civil cases
Page 25 | Rule 207.1 Presentation of Motions, Petitions and Applications
Contact the assigned Judge to get a date, time and location for argument court.
Contact the assigned Judge to get a date, time and location for argument court.
Civil cases
Page 31 | Rule 211.8 Argument Court Procedures for Family Argument
A continued hearing requires written notice on the award form to Court Administration and the Prothonotary.
If a hearing is held and cannot be concluded at the initially scheduled time as indicated on the certificate of readiness, a continued hearing shall be scheduled at an available and agreed upon site by the chairperson upon stipulation by the parties with written notice on the award form to Court Administration and the Prothonotary.
Civil cases
Page 57 | Rule 1305.1 Continuation of Hearing
If a case is settled or postponed before the scheduled hearing, counsel of record must notify each arbitrator and Court Administration in writing.
In the event that a case is settled or postponed prior to the date of the scheduled hearing, counsel of record shall notify each member of the board of arbitrators in writing as well as Court Administration.
Civil cases
Page 58 | Rule 1318 Settlements
When counsel withdraws an appeal, counsel must immediately notify the judge whose order is appealed, except that notice goes to the president judge in the stated circumstances.
Whenever an appeal is withdrawn by counsel, counsel shall give notice of such withdrawal immediately to the judge from whose order or decree the appeal was taken, except that if such judge was a visiting judge, or if such appeal is taken from an order or decree of a master, referee or review officer appointed by the court, counsel shall give such notice to the president judge of this court.
Page 10 | NOTICES, Rule 303 Withdrawal of Appeal
A Magisterial District Judge unable to serve as scheduled must find a replacement and notify Special Courts Administration and the Communications Center.
If a Magisterial District Judge is unable to serve when scheduled for whatever reason, it shall be his/her responsibility to find a replacement and to notify Special Courts Administration and the Communications Center.
Criminal cases
Page 7 | Rule 117 Availability Of Issuing Authorities, C.2
A Magisterial District Judge unable to serve as scheduled must find a replacement and notify Special Courts Administration.
If a Magisterial District Judge is unable to serve when scheduled for whatever reason, it shall be his/her responsibility to find a replacement and to notify Special Courts Administration.
Criminal cases
Page 7 | Rule 117 Availability Of Issuing Authorities, B.1
An emergency motion, petition, or application may not be presented to the assigned judge in chambers without prior arrangement, and an in-chambers appointment requires compelling reasons.
No emergency motion, petition or application shall be made or presented to the judge assigned to the case in chambers without pre-arrangement with that judge. No request for appointment in chambers shall be granted except for compelling reasons.
Criminal cases
Page 28 | Rule 575.1 Presentation of Motions, Petitions and Applications
For simultaneous Juvenile Court or Criminal Court proceedings, counsel must follow the stated appearance priority and notify the judge handling a lower-priority matter as early as possible.
In the event an attorney is scheduled to appear at the same time before different judges of this court for Juvenile Court or Criminal Court proceedings, the attorney shall first appear in accordance with the following priority: Juvenile Court hearing, jury trial, trial without jury, pretrial hearing, Post Conviction Hearing Act hearing, sentencing, guilty plea, Accelerated Rehabilitation Disposition hearing, motion; and as early as possible in advance of scheduled appearances, the attorney shall notify the judge (or his/her secretary or personal tipstaff) involved in lesser priority matters of the nature of the priority proceedings.
Page 9 | Rule 102 Conflicts in Scheduling
For other simultaneous proceedings, counsel must contact each involved judge or tribunal chairman for guidance and, if no priority permission is obtained, contact the Emergency Motions Judge.
With respect to other proceedings involving an attorney scheduled to appear at the same time before different judges of this court or before this court and another court or tribunal, the attorney shall contact each judge and/or tribunal chairman involved, explain the conflict situation and seek guidance as to which proceeding the attorney shall first attend. If after contacting each judge and/or chairman involved, the attorney has not obtained permission to give one proceeding priority over the other or others, the attorney shall contact the Emergency Motions Judge of this court for instruction and direction.
Page 9 | Rule 102 Conflicts in Scheduling
Before submitting the request, contact the reporter who attended the proceeding for the estimated cost of one-half of the transcript; if the reporter’s name or number is unknown, contact the chief court reporter at the listed number.
(b) Contact the official court reporter that was present at the proceeding that you desire to have transcribed and request the amount of the estimated cost of one-half payment of the transcript. If you don’t know the name or contact number of the official court reporter, contact the chief court reporter at 610-478-6467;
Page 22 | Rule 4009.1 – Fees and Procedures