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Court Rules

Court of Common Pleas of Blair County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Narrative Statement
2 pgs

Adjournments

  • For summary trials, hearings, and conferences, judges should use ACT when possible or may continue matters to a later date if preferable.
  • Judges may hear or continue other non-emergency matters as they determine best suits the needs of their court.
  • A continuance request must state the opposing party's position; omission results in automatic denial.
  • +27 more

Request must include

Adversary PositionReason for RequestOriginal DateNumber of Previous Requests
  • Continuance requests must be filed at least ten days before the hearing.
  • A continuance request must be filed at least 10 days before the hearing; an untimely motion must specifically state the reasons for the delay.
Reason for Request

Communication

Phone
814-693-3095
Scheduling
Phone
(814) 693-3050
Cases:
Filters:

Page & Word Limits2 rules

Page LimitsMandatoryCivil cases

Such narrative statements shall consist of a brief (1-2 pages) description of each party's position on the facts and the law.

Narrative statement
Up to 2 pages per party
BlairCountyCivilRules · Jun 2015 · p. 16
|SectionRule 302(b)(5) Narrative Statements
Page LimitsImportantCivil cases

In the discretion of the Court, counsel may be required to file narrative statements which will be read to the jury at the start of the summary jury trial. Such narrative statements shall consist of a brief (1-2 pages) description of each party’s position on the facts and the law.

Narrative statement
Up to 2 pages per party
BlairCountyRules5-21-15 · Jul 2015 · p. 16
|SectionRule 302(b)(5) - Narrative Statements

Document Format Requirements8 rules

FormattingMandatory

Exhibits must use an accepted file format; Microsoft Office documents must generally be converted to PDF, and other file types require prior approval.

Court's wording

(3) All exhibits to be considered by the Court in an ACT proceeding must be transmitted via e-mail to court administration for distribution to the appropriate chambers and opposing counsel (or the opposing party, if a pro se litigant) no later than 12 noon five business days immediately preceding the date of the proceeding. Acceptable formats are .pdf, .jpg, .png, and .mp4, with all Microsoft Office documents (Word, Excel, PowerPoint, Outlook, etc.) to be converted to .pdf unless specific formatting or metadata is a relevant part of the exhibit. No other file types or transmittal methods will be accepted without prior approval. Filenames should include the docket number and a brief, objective description of the item (e.g., "xxx-2020 Texts From Defendant"). Counsel or litigants may petition the court to provide exhibits in another manner if they are so voluminous they cannot be transmitted as described, or if they are tangible objects.

Supplemental-and-New-Order-5 29 2020 · May 2020 · p. 3
|SectionRULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED
FormattingMandatoryCivil cases

accompanied by the program description in form to be published by this Court through the office of the District Court Administrator;

CustodyEducationProgramRules1998 · Jun 1998 · p. 8
|SectionRule 1915.3 (a) Filing/Scheduling Procedure
FormattingMandatory

All transcript requests must use the Court Administrator’s form, which lists rates and is available on the county website.

Court's wording

(A) All requests for transcripts shall be submitted on a form provided by the Court Administrator which will include rates charged for transcripts. The form can be downloaded from the Blair County website at www.blairco.org.

LocalRulesofJudicialAdmin-TranscriptRequests · Dec 2016 · p. 2
|SectionRule 4007.1. Requests for Transcripts.
FormattingMandatory

A request for an evidentiary hearing must use a form approved and promulgated by the President Judge, available at the Blair County Custody Office.

Court's wording

a) Not later than ten (10) days after the date of service of a custody Order to a party to the action that party may file a request for evidentiary hearing on a form approved and promulgated by the President Judge of the Court which such form shall be available at the Blair County Custody Office.

FormattingImportant

File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

Formatting

  • The electronic copy must be in Microsoft Word format only
FormattingImportantCivil cases

- (5) The format of the Notice of Hearing/Argument shall be as follows as set forth in ATTACHMENT "B".

BlairCountyCivilRules · Jun 2015 · p. 14
|SectionRULE 301 - NOTICE OF HEARING/ARGUMENT
FormattingImportant

be placed in a sealed envelope marked "Register/Recorder's Office" with a check or money order, along with a self-addressed, stamped envelope for return of documents/receipts.

FormattingNote

In the event of an emergency, a party may request by oral motion a daily or expedited transcript.

Document Filing Requirements133 rules

Filing RequirementsMandatory

The petition must give detailed reasons for the objection and the proposed alternative.

Court's wording

that the proceeding cannot be conducted via ACT, such counsel or person may file a petition no later than 72 hours before the event, regarding their objection to the conduct of the proceeding via ACT, giving the detailed reasons for the objection and their proposed alternative.

Supplemental-and-New-Order-5 29 2020 · May 2020 · p. 3
|SectionRULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED
Filing RequirementsMandatoryCivil cases

When initiating a Custody Action, the moving party must attach the custody notice/scheduling order and program description when filing.

Court's wording

at the filing of a divorce complaint containing a count for custody or any complaint for custody, partial custody or visitation, or any other court paper seeking to initiate any proceeding to compel, modify, terminate or otherwise affect contact between Children and Parties (collectively "Custody Action"), the moving party shall attach a copy of the custody notice/scheduling order, accompanied by the program description in form to be published by this Court through the office of the District Court Administrator;

CustodyEducationProgramRules1998 · Jun 1998 · p. 8
|SectionRule 1915.3 (a) Filing/Scheduling Procedure
Filing RequirementsMandatoryCivil cases

Any such request must be presented to the District Court Administrator's Office using the IFP (In Forma Pauperis) form available at the District Court Administrator's Office or at the Prothonotary's Office.

CustodyEducationProgramRules1998 · Jun 1998 · p. 11
|SectionRule 1915.3(b) Payment of Fees
Filing RequirementsMandatoryCivil cases

A formal narrative is required for the pretrial conference.

Court's wording

PRETRIAL CONFERENCE – A conference among counsel, the Court and such other persons as directed to be present or permitted to attend by the judge. The purpose shall be to discuss the posture of the case, including settlement, in an effort to prepare the case for trial. A formal narrative is required for this conference. See Pa. R. Civ. P. 212.2 - 212.3.

Filing RequirementsMandatoryCivil cases

A notice must name MIDPENN LEGAL SERVICES and include its listed address and telephone numbers.

Court's wording

In compliance with Rule of Civil Procedure 1018.1, the agency to be named in the notice from whom legal help can be obtained shall be: MIDPENN LEGAL SERVICES 171 Lakemont Park Blvd. Altoona, PA 16602 (800) 326-9177 (814) 943-8139

BlairCountyCivilRules · Jun 2015 · p. 4
|SectionRULE 205.2(b) COVER PAGE
Filing RequirementsMandatoryCivil cases

An initial pleading in a civil action must be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet.

Court's wording

- (1) For the initial pleading in any civil action, the pleading shall be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet which can be found at http://www.pacourts.us/forms/for-the-public.

BlairCountyCivilRules · Jun 2015 · p. 4
|SectionRULE 205.2(b) COVER PAGE
Filing RequirementsMandatoryCivil cases

A petitioner must attach a proposed order to the petition.

Document
Petition

Must include

  • Proposed order

Court's wording

(2) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed in subdivision (6) and give notice to all other parties of the intention to request the court to issue the rule.

BlairCountyCivilRules · Jun 2015 · p. 5
|SectionRULE 206.4(c) — RULE TO SHOW CAUSE
Filing RequirementsMandatoryCivil cases

(6) The form of order required by subdivision (2) shall be substantially in the following form:

BlairCountyCivilRules · Jun 2015 · p. 5
|SectionRULE 206.4(c) — RULE TO SHOW CAUSE
Filing RequirementsMandatoryCivil cases

Any motion or petition based upon a statute or rule of court shall cite the specific statute or rule which authorizes the requested relief.

BlairCountyCivilRules · Jun 2015 · p. 7
|SectionRULE 208.2(c) CONTENT OF MOTIONS
Filing RequirementsMandatoryCivil cases

A discovery motion must include counsel’s signed certificate describing efforts to confer with interested parties, or the Court will refuse to hear it.

Document
Discovery motion

Must include

  • Certificate of conference

Court's wording

All motions relating to discovery shall include a certificate signed by counsel for the moving party that counsel for that party has conferred or attempted to confer with all interested parties in order to resolve the matter without court action, and shall set forth the nature of the efforts made to resolve the matter. Failure to comply with the foregoing shall result in the refusal of the Court to hear the motion.

BlairCountyCivilRules · Jun 2015 · p. 7
|SectionRULE 208.2(c) CONTENT OF MOTIONS
Filing RequirementsMandatoryCivil cases

Counsel shall always prepare and submit with any motion or petition a proposed order granting the requested relief.

Document
Motion or petition

Must include

  • Proposed order
BlairCountyCivilRules · Jun 2015 · p. 8
|SectionRULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS
Filing RequirementsMandatoryCivil cases

Continuance applications must use the written civil continuance form, specify the factual basis, and be filed with Court Administration.

Court's wording

The Court disfavors continuances due to the difficulty in promptly rescheduling matters. All applications for continuance shall be made by written civil continuance form affixed herein as ATTACHMENT “A”. The continuance shall specify the factual basis for the request of the proposed continuance. The request for continuance shall be filed with Court Administration and will be forwarded to the assigned judge.

BlairCountyCivilRules · Jun 2015 · p. 11
|SectionRULE 216 — CONTINUANCES
Filing RequirementsMandatoryCivil cases

Where the continuance is not timely filed, the reasons for the delay shall be specifically set forth in the motion.

BlairCountyCivilRules · Jun 2015 · p. 11
|SectionRULE 216 — CONTINUANCES
Filing RequirementsMandatoryCivil cases

Any continuance request shall contain certification that the client has been notified and does not oppose the request.

BlairCountyCivilRules · Jun 2015 · p. 11
|SectionRULE 216 — CONTINUANCES
Filing RequirementsMandatoryCivil cases

Counsel shall provide a copy of the discontinuance to Court Administration simultaneous with providing the original to the Prothonotary.

BlairCountyCivilRules · Jun 2015 · p. 12
|SectionRULE 229 — DISCONTINUANCES
Filing RequirementsMandatoryCivil cases

Except for cases under B.C.L.R. 206.4(c), a motion or petition requesting an Order of Court must include a Notice of Hearing/Argument, substantially in the specified format; granting it is discretionary with the Court.

Court's wording

(a) A motion or petition, requesting an Order of Court, with the exception of cases falling within B.C.L.R. 206.4(c), shall include a Notice of Hearing/Argument, (substantially in the format in subsection (5)), the granting of which shall be discretionary with the Court, and a Proposed Order granting the requested relief citing the specific statute or rule which authorizes the requested relief.

BlairCountyCivilRules · Jun 2015 · p. 14
|SectionRULE 301 - NOTICE OF HEARING/ARGUMENT
Filing RequirementsMandatoryCivil cases

Each counsel shall submit a statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury.

BlairCountyCivilRules · Jun 2015 · p. 16
|SectionRule 302(b)(3) Special Verdict Questions
Filing RequirementsMandatoryCivil cases

The attorneys shall each submit proposed points for charge to the Court no later than ten (10) days prior to the selection of the summary jury.

BlairCountyCivilRules · Jun 2015 · p. 17
|SectionPoints for Charge & Pre-trial Motions.
Filing RequirementsMandatoryCivil cases

The Plaintiff shall come to the conciliation conference prepared to provide proof of damages in the form of the contract signed by the Defendant, the last billing statement sent by the Plaintiff or its predecessor, and written proof of any assignments that have taken place.

BlairCountyCivilRules · Jun 2015 · p. 21
|SectionLOCAL RULE 310 — CREDIT CARD/DEBT COLLECTION, (2) Conciliation Conference
Filing RequirementsMandatoryCivil cases

In all cases initiated by the filing of a Mortgage Foreclosure Complaint, the Defendant shall receive an “urgent notice” to participate in the Mortgage Foreclosure Program and the Homeowner-Occupied Certification and request for Conciliation Conference form.

BlairCountyCivilRules · Jun 2015 · p. 22
|SectionRULE 320 — MORTGAGE FORECLOSURE, (a)
Filing RequirementsMandatoryCivil cases

The Defendant must be prepared to provide proof of income, proof of expenses and debt statements, and the Act 91 Notice and other received mortgage foreclosure documents at the conciliation conference.

Court's wording

The Defendant shall come to the Conciliation Conference prepared to provide the following: - 1. Proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) - 2. Proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and - 3. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

BlairCountyCivilRules · Jun 2015 · p. 22
|SectionRULE 320 — MORTGAGE FORECLOSURE, (c)
Filing RequirementsMandatoryCivil cases

The Plaintiff shall come to the Conciliation Conference prepared to provide proof of the defaulted mortgage and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

BlairCountyCivilRules · Jun 2015 · p. 22
|SectionRULE 320 — MORTGAGE FORECLOSURE, (b)
Filing RequirementsMandatoryCivil cases

Narratives shall be required for the first pretrial and shall be filed ten (10) days prior to the date of the conference.

BlairCountyCivilRules · Jun 2015 · p. 23
|SectionRULE 365 – PRETRIAL PROCEDURE
Filing RequirementsMandatoryCivil cases

Notice of the pretrial conference shall be contained within an order issued by the trial judge.

BlairCountyCivilRules · Jun 2015 · p. 23
|SectionRULE 365 – PRETRIAL PROCEDURE
Filing RequirementsMandatoryCivil cases

The pretrial narrative must include the specified facts, damages, witnesses, expert reports, issues, trial estimate, scheduling problems, settlement information, and anticipated exhibits.

Court's wording

The narrative shall contain the following: - (1) A brief summary of the facts: - (2) All items of economic damages which the Plaintiff intends to prove, including medical bills, property damages bills and loss of earnings; - (3) The names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses; - (4) Copies of all reports of any expert who treated, examined, or was consulted in connection with the injuries complained of, and who may be called as an expert witness. - (5) Copies of all reports of any expert whose opinion will be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert; - (6) Any special legal or evidentiary issues; - (7) The estimated length of trial; - (8) Any scheduling problems; - (9) The settlement demand and any responsive offers; and - (10) A list of anticipated exhibits to be used at the time of trial.

BlairCountyCivilRules · Jun 2015 · p. 23
|SectionRULE 365 – PRETRIAL PROCEDURE
Filing RequirementsMandatoryCivil cases

The post-conference order must recite the actions, party agreements, trial issues, and factual admissions, and include specified filing dates and an argument date if appropriate.

Court's wording

At the conclusion of the conference, the judge shall make an order reciting the actions taken at the conference, including the agreements made by the parties as to any of the matters considered, the issues of trial and the admissions of fact obtained at the conference. The pretrial conference Order shall include a date for the filing of any pretrial motions and supporting briefs, voir dire questions, and a scheduled date for argument if appropriate.

BlairCountyCivilRules · Jun 2015 · p. 24
|SectionRULE 365 – PRETRIAL PROCEDURE
Filing RequirementsMandatoryCivil cases

The moving party must file a supporting brief with the Prothonotary, no later than twenty (20)days after filing the Preliminary Objections.

BlairCountyCivilRules · Jun 2015 · p. 25
|SectionRULE 1028(c) PRELIMINARY OBJECTIONS
Filing RequirementsMandatoryCivil cases

An Order for Argument shall be attached to the motion.

BlairCountyCivilRules · Jun 2015 · p. 26
|SectionRULE 1034(a) JUDGMENT ON THE PLEADINGS
Filing RequirementsMandatoryCivil cases

Motions for Judgment on the Pleadings, accompanied by a supporting brief, shall be filed with the Prothonotary and forwarded to the assigned judge.

BlairCountyCivilRules · Jun 2015 · p. 26
|SectionRULE 1034(a) JUDGMENT ON THE PLEADINGS
Filing RequirementsMandatoryCivil cases

If a Motion for Judgment on the Pleadings is filed without a supporting brief, the motion will be dismissed by Order of Court.

BlairCountyCivilRules · Jun 2015 · p. 26
|SectionRULE 1034(a) JUDGMENT ON THE PLEADINGS
Filing RequirementsMandatoryCivil cases

Motions for Summary Judgment, accompanied by a supporting brief, shall be filed with the Prothonotary, who will forward the motion and brief to the assigned judge.

BlairCountyCivilRules · Jun 2015 · p. 27
|SectionRULE 1035.2(a) — MOTIONS FOR SUMMARY JUDGMENT
Filing RequirementsMandatoryCivil cases

If a motion for summary judgment is filed without a supporting brief, the motion will be dismissed by Order of Court.

BlairCountyCivilRules · Jun 2015 · p. 27
|SectionRULE 1035.2(a) — MOTIONS FOR SUMMARY JUDGMENT
Filing RequirementsMandatoryCivil cases

A party praeciping a matter to the Arbitration List must file an Arbitration Scheduling Request.

Court's wording

Either party may praecipe the matter to the Arbitration List by filing such with the Prothonotary no earlier than thirty (30) days from the close of the pleadings by filing an Arbitration Scheduling Request. See ATTACHMENT “E”.

BlairCountyCivilRules · Jun 2015 · p. 30
|SectionRule 1303 — Arbitration Process
Filing RequirementsMandatoryCivil cases

The Plaintiff or the Plaintiff’s attorney of record shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment.

BlairCountyCivilRules · Jun 2015 · p. 30
|SectionRule 1303 — Arbitration Process
Filing RequirementsMandatoryCivil cases

The written arbitration hearing notice must include the specified warning about an absent party and the lack of a right to trial de novo after a judge’s decision.

Court's wording

The written notice required under subsection (b) of this provision shall include the following statement:     “THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED BUT, IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.”

BlairCountyCivilRules · Jun 2015 · p. 30
|SectionRule 1303 — Arbitration Process
Filing RequirementsMandatoryCivil cases

The hearing/argument notice form calls for the hearing date, time, courtroom and estimated duration, and directs the moving party to serve a true and correct copy on all counsel of record and unrepresented parties.

Court's wording

## NOTICE OF HEARING/ARGUMENT AND NOW, this _____ day of _____, 20____, a hearing/argument is set for the _____ day of _____, 20____, at _____ a.m./p.m. in Courtroom No. _____ in the Blair County, Courthouse, Hollidaysburg, Pennsylvania. A true and correct copy of the Notice/Order shall be served upon all counsel of record and unrepresented parties by the moving party. BY THE COURT, _____ J. Estimated length of time requested for hearing/argument: _____

BlairCountyCivilRules · Jun 2015 · p. 36
|SectionNOTICE OF HEARING/ARGUMENT
Filing RequirementsMandatoryCivil cases

After the judgment debt is paid in full, the plaintiff must file a praecipe to mark the judgment satisfied.

Court's wording

Upon payment in full of the judgment debt, the Plaintiff shall file a praecipe to mark judgment as satisfied with the Blair County Prothonotary, and provide a copy of such praecipe to the Defendant(s) or his/her/their legal counsel.

BlairCountyCivilRules · Jun 2015 · p. 39
|SectionCONSENT JUDGMENT/ORDER
Filing RequirementsMandatoryCivil cases

Program participation requires filing the attached owner-occupied premises certification and request for a conciliation conference.

Court's wording

To participate in the program, you must file the attached Certification of Premises as Owner-Occupied and Request for Conciliation Conference with the Blair County Prothonotary within ten (10) days of the date of this Order to have a conference scheduled.

Filing RequirementsMandatoryCivil cases

The Defendant must bring proof of income from all sources, proof of expenses and debt statements, the Act 91 Notice, and other received documents concerning the foreclosure to the conciliation conference.

Court's wording

- 3. The Defendant shall come to the conciliation conference prepared to provide the following: - i. proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) - ii. proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and, - iii. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

Filing RequirementsMandatoryCivil cases

- 2. The Plaintiff shall come to the conciliation conference prepared to provide proof of the defaulted mortgage AND and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

Filing RequirementsMandatoryCivil cases

I CERTIFY ON BEHALF OF _____, THIS CASE IS READY IN ALL RESPECTS FOR TRIAL, HAVING CONFIRMED SAME WITH ALL COUNSEL OF RECORD.

BlairCountyCivilRules · Jun 2015 · p. 43
|SectionARBITRATION SCHEDULING REQUEST
Filing RequirementsMandatory

Counsel for a represented party must provide the President Judge with a letter of certification verifying, as provided in Pa.R.J.A. 4008(B), that the client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

Filing RequirementsMandatory

(4) Any request to waive all or a portion of costs for ordinary transcripts based on economic hardship must be attached to the request for transcript and in the form of a fully completed In Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240.

Filing RequirementsMandatoryCivil cases

A formal narrative is required for this conference.

BlairCountyRules5-21-15 · Jul 2015 · p. 3
|SectionRULE 76 - DEFINITIONS
Filing RequirementsMandatoryCivil cases

(2) In compliance with Rule of Civil Procedure 1018.1, the agency to be named in the notice from whom legal help can be obtained shall be: MIDPENN LEGAL SERVICES 171 Lakemont Park Blvd. Altoona, PA 16602 (800) 326-9177 (814) 943-8139

BlairCountyRules5-21-15 · Jul 2015 · p. 4
|SectionRULE 205.2(b) - COVER PAGE
Filing RequirementsMandatoryCivil cases

An initial pleading in a civil action must be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet.

Court's wording

(1) For the initial pleading in any civil action, the pleading shall be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet which can be found at http://www.pacourts.us/forms/for-the-public.

BlairCountyRules5-21-15 · Jul 2015 · p. 4
|SectionRULE 205.2(b) - COVER PAGE
Filing RequirementsMandatoryCivil cases

A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed in subdivision (6)

Document
Petition

Must include

  • Proposed order
BlairCountyRules5-21-15 · Jul 2015 · p. 5
|SectionRule 206.4(c) - Rule to Show Cause
Filing RequirementsMandatoryCivil cases

Any motion or petition based upon a statute or rule of court shall cite the specific statute or rule which authorizes the requested relief.

BlairCountyRules5-21-15 · Jul 2015 · p. 7
|SectionRULE 208.2(c) CONTENT OF MOTIONS
Filing RequirementsMandatoryCivil cases

A discovery motion must include counsel’s signed certificate describing conferral efforts with all interested parties, or the Court will refuse to hear it.

Document
Discovery motion
Placement
Certificate section

Must include

  • Certificate of conference

Court's wording

All motions relating to discovery shall include a certificate signed by counsel for the moving party that counsel for that party has conferred or attempted to confer with all interested parties in order to resolve the matter without court action, and shall set forth the nature of the efforts made to resolve the matter. Failure to comply with the foregoing shall result in the refusal of the Court to hear the motion.

BlairCountyRules5-21-15 · Jul 2015 · p. 7
|SectionRULE 208.2(c) CONTENT OF MOTIONS
Filing RequirementsMandatoryCivil cases

Counsel shall always prepare and submit with any motion or petition a proposed order granting the requested relief.

Document
Motion or petition

Must include

  • Proposed order
BlairCountyRules5-21-15 · Jul 2015 · p. 8
|SectionRULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS
Filing RequirementsMandatoryCivil cases

Any continuance request shall contain certification that the client has been notified and does not oppose the request.

Filing RequirementsMandatoryCivil cases

Continuances for Domestic Relations, Juvenile Probation and Custody Proceedings shall be filed with the respective departments.

Filing RequirementsMandatoryCivil cases

A discontinuance may also be entered by a written direction (praecipe) to the Prothonotary if it is signed by the plaintiff’s attorney or by a self-represented plaintiff and the same shall be accepted by the Prothonotary if all costs due the Prothonotary have been paid.

BlairCountyRules5-21-15 · Jul 2015 · p. 12
|SectionRULE 229 DISCONTINUANCES
Filing RequirementsMandatoryCivil cases

Motions and petitions must include a Notice of Hearing/Argument in substantially the subsection (5) format, subject to the stated exception, and the Court has discretion whether to grant it.

Court's wording

(a) A motion or petition, requesting an Order of Court, with the exception of cases falling within B.C.L.R. 206.4(c), shall include a Notice of Hearing/Argument, (substantially in the format in subsection (5)), the granting of which shall be discretionary with the Court, and a Proposed Order granting the requested relief citing the specific statute or rule which authorizes the requested relief.

BlairCountyRules5-21-15 · Jul 2015 · p. 14
|SectionRULE 301 - NOTICE OF HEARING/ARGUMENT
Filing RequirementsMandatoryCivil cases

Each counsel shall submit a statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury.

BlairCountyRules5-21-15 · Jul 2015 · p. 16
|SectionRule 302(b)(3) - Special Verdict Questions
Filing RequirementsMandatoryCivil cases

The Plaintiff shall come to the conciliation conference prepared to provide proof of damages in the form of the contract signed by the Defendant, the last billing statement sent by the Plaintiff or its predecessor, and written proof of any assignments that have taken place.

BlairCountyRules5-21-15 · Jul 2015 · p. 21
|SectionLOCAL RULE 310 — CREDIT CARD/DEBT COLLECTION
Filing RequirementsMandatoryCivil cases

The Plaintiff must bring proof of the defaulted mortgage and the exact amount, including costs and penalties, needed to bring it current; failure precludes recovery of later interest.

Court's wording

The Plaintiff shall come to the Conciliation Conference prepared to provide proof of the defaulted mortgage and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

BlairCountyRules5-21-15 · Jul 2015 · p. 22
|SectionRULE 320 — MORTGAGE FORECLOSURE
Filing RequirementsMandatoryCivil cases

The Defendant must be prepared to provide proof of income from all sources, proof of expenses and debt statements, and the Act 91 Notice and other received mortgage-foreclosure documents at the conciliation conference.

Court's wording

The Defendant shall come to the Conciliation Conference prepared to provide the following: 1. Proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) 2. Proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and 3. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

BlairCountyRules5-21-15 · Jul 2015 · p. 22
|SectionRULE 320 — MORTGAGE FORECLOSURE
Filing RequirementsMandatoryCivil cases

In all cases initiated by the filing of a Mortgage Foreclosure Complaint, the Defendant shall receive an “urgent notice” to participate in the Mortgage Foreclosure Program and the Homeowner-Occupied Certification and request for Conciliation Conference form. See ATTACHEMNT “D” and “D-1.”

BlairCountyRules5-21-15 · Jul 2015 · p. 22
|SectionRULE 320 — MORTGAGE FORECLOSURE
Filing RequirementsMandatoryCivil cases

A pretrial narrative must include the listed facts, damages, witnesses, expert reports, issues, trial estimate, scheduling problems, settlement positions, and anticipated exhibits.

Court's wording

(e) The narrative shall contain the following: (1) A brief summary of the facts: (2) All items of economic damages which the Plaintiff intends to prove, including medical bills, property damages bills and loss of earnings; (3) The names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses; (4) Copies of all reports of any expert who treated, examined, or was consulted in connection with the injuries complained of, and who may be called as an expert witness. (5) Copies of all reports of any expert whose opinion will be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert; (6) Any special legal or evidentiary issues; (7) The estimated length of trial; (8) Any scheduling problems; (9) The settlement demand and any responsive offers; and (10) A list of anticipated exhibits to be used at the time of trial.

BlairCountyRules5-21-15 · Jul 2015 · p. 23
|SectionRULE 365 — PRETRIAL PROCEDURE

Filing & Service rules

Electronic Filing Rules

Walk-in case filings and fine payments are prohibited during the order’s effective period.

There shall be no walk-in case filings or fine payments.

Page 1 | ADMINISTRATIVE ORDER — MAGISTERIAL DISTRICT JUDGE COURTS

The District Court Administrator must submit two paper copies and one electronic copy in Microsoft Word format to the Legislative Reference Bureau for publication.

File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

Page 1 | Order

The District Court Administrator must email one copy of the Rules to the Administrative Office of Pennsylvania Courts.

File one (1) copy of these Rules with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

Page 1 | Order

The Recorder of Deeds processes documents through e-recording or the listed delivery services, while the Register of Wills processes them through the listed delivery services; e-recording instructions are online.

The Recorder of Deeds Office shall process documents via e-recordings, United States Postal Service, United Parcel Service, and Federal Express. The Register of Wills Office shall process documents via United States Postal Service, United Parcel Service, and Federal Express. Specific questions regarding recordings may be directed to the Recorder of Deeds Office staff at 814-693-3095. Instructions on e-filing through the Recorder of Deeds Office's approved e-recording vendors may be found at the website: www.blaircountyrecorder.com.

Page 1 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

Both offices accept documents for processing through the courthouse front-door drop box from 9:00 a.m. to 3:00 p.m.

In addition to the delivery methods specified in Paragraph 2 above, both the Register of Wills Office and the Recorder of Deeds Office shall accept documents for processing through a drop box for documents located at the front door of the main entrance of the Blair County Courthouse from 9:00 a.m. to 3:00 p.m.

Page 2 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

Inheritance Tax returns and payments must be mailed to the Register of Wills; when applicable, they must include the Department of Revenue statement, estate file number, and decedent's name.

Inheritance Tax returns and/or payments shall be mailed to the Register of Wills Office, and when applicable, shall include a copy of the statement received from the Pennsylvania Department of Revenue, the estate file number, and the name of the decedent.

Page 2 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

Walk-in case filings are prohibited.

There shall be no walk-in case filings or fine payments.

Page 1 | ADMINISTRATIVE ORDER — MAGESTERIAL DISTRICT JUDGE COURTS

Faxed continuance requests are accepted only in emergency situations.

Faxed continuances will only be accepted in emergency situations.

Civil cases

Page 11 | RULE 216 CONTINUANCES

The Register of Wills and Recorder of Deeds offices are closed to the public beginning March 23, 2020 at 8:00 a.m. until further court order.

Effective March 23, 2020 at 8:00 a.m. and continuing until further Order of Court, the Offices of the Blair County Register of Wills and the Blair County Recorder of Deeds are closed to the public.

Page 1 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

The court may accept filings through means other than in-person delivery when the capability is available.

Court filings by other than in person delivery may be accepted where the capability is present.

Page 2 | STATEWIDE RULES THAT IMPEDE LOCAL PROVISION FOR COURT FILINGS BY MEANS OF OTHER THAN IN PERSON DELIVERY ARE SUSPENDED

A defendant may enter a plea by mail, fax, or another method.

Nothing shall prevent the MDJ/Constable from notifying any defendant via mail of the existence of the warrant and advising the defendant that he/she may enter a plea via mail, fax, etc.

Page 2 | Procedures for Blair County Magisterial District Courts March 16- April 14, 2020

Any written direction to the Prothonotary complying with this rule may be sent to the Prothonotary by mail and shall be accepted for filing.

Any written direction to the Prothonotary complying with this rule may be sent to the Prothonotary by mail and shall be accepted for filing.

Civil cases

Page 12 | RULE 229 DISCONTINUANCES

A signed waiver may be filed as an electronic copy, including a faxed or scanned copy.

An electronic copy of a signed waiver (i.e. faxed or scanned waiver) will be accepted for filing.

Criminal cases

Page 2 | PRELIMINARY HEARINGS

Filing Timing and Cure Windows

A petition objecting to conducting a proceeding via ACT must be filed no later than 72 hours before the event.

that the proceeding cannot be conducted via ACT, such counsel or person may file a petition no later than 72 hours before the event, regarding their objection to the conduct of the proceeding via ACT, giving the detailed reasons for the objection and their proposed alternative.

Page 3 | RULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED

The defendant must return the HOOCert within ten days of service.

If the defendant fails to return the HOOCert within ten (10) days of service, the Court shall lift the stay of proceedings and direct the defendant to file an answer within 20 days of that Order.

Civil cases

Page 1 | IN RE: MORTGAGE FORECLOSURE DIVERSION PROGRAM

An appeal from the Board of Assessment must be filed within 30 days of the Board's decision.

Any appeal from the Board of Assessment shall be filed within 30 days of the date of the decision of the Board of Assessment pursuant to 53 P.S.§8854 (a) (1).

Civil cases

Page 2 | Rule 235. Appeal from Board of Assessment.

A fee waiver or reduction request must be presented at least ten days before the applicable program.

Such request must be presented to the District Court Administrator's Office at least ten (10) days prior to the date set for the applicable program.

Civil cases

Page 11 | Rule 1915.3(b) Payment of Fees

The respondent must answer the petition within 20 days of the date of the order.

- (2) the respondent shall file an answer to the petition within twenty (20) days of this date;

Civil cases

Page 6 | RULE 206.4(c) — RULE TO SHOW CAUSE

A request for oral argument must be submitted in writing to Court Administration within ten days after filing the motion and must explain why argument is necessary.

The request for oral argument must be made in writing within ten (10) days of filing the motion, and submitted to Court Administration, with a statement setting forth the reasons for the necessity of oral argument.

Civil cases

Page 10 | RULE 208.3(b)

The proposed special verdict questions must be submitted before jury selection.

Each counsel shall submit a statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury.

Civil cases

Page 16 | Rule 302(b)(3) Special Verdict Questions

Pre-trial motions must be submitted no later than ten days before the summary jury trial.

Any pre-trial motions shall be submitted to the Court no later than ten (10) days prior to the summary jury trial date.

Civil cases

Page 17 | Points for Charge & Pre-trial Motions.

Proposed points for charge are due no later than ten days before the summary jury is selected.

The attorneys shall each submit proposed points for charge to the Court no later than ten (10) days prior to the selection of the summary jury.

Civil cases

Page 17 | Points for Charge & Pre-trial Motions.

Civil case management and further pleading deadlines are suspended until the conciliation conference concludes.

For the purposes of the case, civil case management and further pleading deadlines are suspended pending the outcome of the conciliation conference.

Civil cases

Page 21 | LOCAL RULE 310 — CREDIT CARD/DEBT COLLECTION, (2) Conciliation Conference

Civil case management and further pleading deadlines are suspended until the conciliation conference concludes, effective from the date of the order setting the conference.

For the purposes of the case, civil case management and further pleading deadlines are suspended pending the outcome of the conciliation conference. Suspension is effective as of the date of the order setting the Conciliation Conference date.

Civil cases

Page 22 | RULE 320 — MORTGAGE FORECLOSURE, (d)

The required first-pretrial narrative must be filed 10 days before the conference.

Narratives shall be required for the first pretrial and shall be filed ten (10) days prior to the date of the conference.

Civil cases

Page 23 | RULE 365 – PRETRIAL PROCEDURE

Notice shall be provided in most cases at least thirty (30) days in advance of the pretrial.

Notice shall be provided in most cases at least thirty (30) days in advance of the pretrial.

Civil cases

Page 23 | RULE 365 – PRETRIAL PROCEDURE

A party may file a supplemental pretrial memorandum after its original memorandum, but no later than 30 days before scheduled jury selection.

Supplements to a written pretrial memorandum may be filed by any party after their original pretrial memorandum has been filed. However, no supplemental pretrial memorandum may be filed later than thirty (30) days prior to the scheduled jury selection.

Civil cases

Page 24 | RULE 365 – PRETRIAL PROCEDURE

Summary judgment, consolidation, bifurcation, and severance motions must be made at least 30 days before the pretrial conference; the Court prefers to resolve them beforehand if possible.

Motions for Summary Judgment, consolidation, bifurcation and severance must be made at least thirty (30) days before the date of the pretrial conference. Such motions generally require a decision before meaningful progress can be made in preparing a case for trial or negotiating a resolution to the lawsuit. It is the preference of the Court to resolve these matters prior to the pretrial conference if possible.

Civil cases

Page 24 | RULE 365 – PRETRIAL PROCEDURE

The moving party’s supporting brief is due no later than 20 days after filing preliminary objections.

The moving party must file a supporting brief with the Prothonotary, no later than twenty (20)days after filing the Preliminary Objections.

Civil cases

Page 25 | RULE 1028(c) PRELIMINARY OBJECTIONS

All response briefs shall be filed no later than twenty (20) days of receipt of the moving party's brief.

All response briefs shall be filed no later than twenty (20) days of receipt of the moving party's brief.

Civil cases

Page 25 | RULE 1028(c) PRELIMINARY OBJECTIONS

Preliminary objections will be dismissed by court order if the supporting brief is not filed within 20 days after the objections are filed.

If a brief in support of preliminary objections is not filed within the twenty (20) days after the preliminary objections have been filed, they shall be dismissed by Order of Court.

Civil cases

Page 25 | RULE 1028(c) PRELIMINARY OBJECTIONS

Response briefs shall be filed no later than twenty (20) days after receipt of the moving party's brief.

Response briefs shall be filed no later than twenty (20) days after receipt of the moving party's brief.

Civil cases

Page 26 | RULE 1034(a) JUDGMENT ON THE PLEADINGS

A response brief must be filed within 30 days after receipt of the moving party's brief.

Response briefs shall be filed no later than thirty (30) days after receipt of the moving party's brief.

Civil cases

Page 27 | RULE 1035.2(a) — MOTIONS FOR SUMMARY JUDGMENT

Either party may praecipe a matter to the Arbitration List by filing an Arbitration Scheduling Request with the Prothonotary no earlier than 30 days after the pleadings close.

Either party may praecipe the matter to the Arbitration List by filing such with the Prothonotary no earlier than thirty (30) days from the close of the pleadings by filing an Arbitration Scheduling Request. See ATTACHMENT “E”.

Civil cases

Page 30 | Rule 1303 — Arbitration Process

The arbitration appeal fee must be paid when the appeal is filed to perfect the appeal.

Such fee must be paid at the time of filing the appeal in order to perfect such appeal.

Civil cases

Page 34 | RULE 1308 — ARBITRATION APPEALS

To participate in the program, a party must file the specified certification and request with the Prothonotary within ten days of the order.

To participate in the program, you must file the attached Certification of Premises as Owner-Occupied and Request for Conciliation Conference with the Blair County Prothonotary within ten (10) days of the date of this Order to have a conference scheduled.

Civil cases

Page 40 | URGENT NOTICE

Civil case management and further pleading deadlines are suspended pending the outcome of the conciliation conference, effective on the date of the Order.

- 4. For the purposes of this case, civil case management and further pleading deadlines are suspended pending the outcome of the conciliation conference. Suspension is effective as of the date of this Order.

Civil cases

Page 42 | ORDER

Filings alleging another lease-covenant breach in addition to nonpayment or holdover will be accepted, and the Court may issue judgments and evictions on the included matters, including rent nonpayment.

Filings for landlord/tenant cases involving breaches of the lease of any other covenants in addition to nonpayment of rent or for holdover tenant will be accepted. The Court will issue judgments and evictions on all matters contained therein including failure to pay rent if a claim of breach of any other covenant is also included.

Civil cases

Page 1 | ADMINISTRATIVE ORDER

Evictions pending since the March 18, 2020 declaration based solely on nonpayment of rent or holdover tenancy are stayed until September 1, 2020.

All evictions pending since the Pennsylvania Supreme Court's March 18, 2020 declaration of judicial emergency arising from a judgment solely for breach of the lease for nonpayment of rent or holdover tenant are stayed until September 1, 2020.

Civil cases

Page 1 | ADMINISTRATIVE ORDER

Filings based solely on nonpayment of rent or holdover tenancy will not be accepted until September 1, 2020.

No filings solely for breach of the lease for nonpayment of rent or for holdover tenants shall be accepted until September 1, 2020.

Civil cases

Page 1 | ADMINISTRATIVE ORDER

Service and Proof of Service Rules

Exhibits for an ACT proceeding must be emailed to court administration for distribution by noon five business days before the proceeding.

(3) All exhibits to be considered by the Court in an ACT proceeding must be transmitted via e-mail to court administration for distribution to the appropriate chambers and opposing counsel (or the opposing party, if a pro se litigant) no later than 12 noon five business days immediately preceding the date of the proceeding. Acceptable formats are .pdf, .jpg, .png, and .mp4, with all Microsoft Office documents (Word, Excel, PowerPoint, Outlook, etc.) to be converted to .pdf unless specific formatting or metadata is a relevant part of the exhibit. No other file types or transmittal methods will be accepted without prior approval. Filenames should include the docket number and a brief, objective description of the item (e.g., "xxx-2020 Texts From Defendant"). Counsel or litigants may petition the court to provide exhibits in another manner if they are so voluminous they cannot be transmitted as described, or if they are tangible objects.

Page 3 | RULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED

For a mortgage foreclosure complaint involving an owner-occupied residence, the Program Notice and HOOCert must be served on the defendant along with the complaint.

When a Complaint in mortgage foreclosure is filed seeking to foreclose a mortgage on an owner-occupied residence, the Court shall provide to the plaintiff and/or plaintiff's counsel (1) a Mortgage Foreclosure Diversion Program Notice and (2) a Home Owner-Occupation Certification ("HOOCert"), attached hereto as Exhibits "A" and "B", respectively, which shall be served upon the defendant or defendants in the foreclosure action along with a copy of the complaint as required by the Pennsylvania Rules of Civil Procedure.

Civil cases

Page 1 | IN RE: MORTGAGE FORECLOSURE DIVERSION PROGRAM

The moving party must serve true and correct copies on all other parties to the action.

the moving party shall serve to all other parties to the action true and correct copies

Civil cases

Page 8 | Rule 1915.3 (a) Filing/Scheduling Procedure

The moving party must file with the Prothonotary proof showing when and how the specified pleadings and documents were served on all other parties.

the moving party shall be solely responsible for filing with this Court's Prothonotary a proof of service indicating the date, time and manner of service of the aforementioned pleadings and documents upon all other parties.

Civil cases

Page 9 | Rule 1915.3(a) Filing/Scheduling Procedure

A petitioner must notify all other parties of the intention to request issuance of a rule to show cause.

(2) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed in subdivision (6) and give notice to all other parties of the intention to request the court to issue the rule.

Civil cases

Page 5 | RULE 206.4(c) — RULE TO SHOW CAUSE

The petitioner must provide all parties with notice of entry of the order.

- (5) notice of entry of this order shall be provided to all parties by the petitioner.

Civil cases

Page 6 | RULE 206.4(c) — RULE TO SHOW CAUSE

After receiving a hearing date, the movant must inform the opposing party of the hearing date and time.

After receiving a date for hearing, the movant shall inform the opposing party of the date and time of the hearing.

Civil cases

Page 8 | RULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS

The movant must serve the opposing party with signed orders scheduling hearings.

The movant shall likewise serve the opposing party with a copy of signed orders for scheduling hearings.

Civil cases

Page 8 | RULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS

The movant and respondent must serve their filings on the opposing party when the filings are time-stamped with the Prothonotary’s Office.

The movant and respondent shall serve copies of their respective filings upon the opposing party at the time such filings are promptly time-stamped with the Prothonotary's Office in order to afford opposing party immediate notice of the filing.

Civil cases

Page 8 | RULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS

Papers must be served in accordance with Pennsylvania Rule of Civil Procedure 440.

Service shall be made in conformity with Pa. R. Civ. P. 440.

Civil cases

Page 10 | RULE 208.3(b)

The moving party must notify all other parties of record of the hearing or argument date, time, and location.

- (4) It shall be the responsibility of the moving party to notify all other parties of record of the date, time, and location of the hearing/argument.

Civil cases

Page 14 | RULE 301 - NOTICE OF HEARING/ARGUMENT

After an unsuccessful service attempt, the Plaintiff must petition for alternative service unless the Plaintiff can reinstate the complaint and perfect service; otherwise, the action may be dismissed.

If at least one attempt at service is made on the Complaint, and the service is not perfected, the Plaintiff must petition for alternative service of the Complaint, unless Plaintiff is able to reinstate the complaint (if necessary) and perfect service or suffer dismissal of the action.

Civil cases

Page 21 | LOCAL RULE 310 — CREDIT CARD/DEBT COLLECTION, (1) Service

The moving party must notify all other parties of record of the argument’s date, time, and location.

It shall be the responsibility of the moving party to notify all other parties of record of the date, time, and location of the argument.

Civil cases

Page 27 | RULE 1035.2(a) — MOTIONS FOR SUMMARY JUDGMENT

Court Administration must give the parties or their attorneys and the assigned judge written notice of the arbitration hearing’s date, time, and place at least 30 days before the hearing.

Pursuant to Pa.R.Civ.P. 1303, Court Administration, or its designee, shall give to the parties or their attorneys of record and the assigned judge at least thirty (30) day notice in writing of the date, time and place of the arbitration hearing.

Civil cases

Page 30 | Rule 1303 — Arbitration Process

The Prothonotary must notify attorneys of record and parties without attorneys of the arbitrators’ award in conformity with Pa.R.Civ.P. 1307.

Attorneys of record or parties who have no attorney shall be notified of the award of the Board of Arbitrators by the Prothonotary, in conformity with Pa.R.Civ.P. 1307.

Civil cases

Page 34 | RULE 1308 — ARBITRATION APPEALS

The moving party must serve a true and correct copy of the Notice/Order on all counsel of record and unrepresented parties.

A true and correct copy of the Notice/Order shall be served upon all counsel of record and unrepresented parties by the moving party.

Civil cases

Page 36 | NOTICE OF HEARING/ARGUMENT

The plaintiff must provide a copy of the satisfaction praecipe to the defendant or the defendant’s counsel.

Upon payment in full of the judgment debt, the Plaintiff shall file a praecipe to mark judgment as satisfied with the Blair County Prothonotary, and provide a copy of such praecipe to the Defendant(s) or his/her/their legal counsel.

Civil cases

Page 39 | CONSENT JUDGMENT/ORDER

A copy of the certification must be mailed to the court and plaintiff’s counsel.

You must also mail a copy of the Certification to this Court and to the Plaintiff's counsel at the following addresses:

Civil cases

Page 40 | URGENT NOTICE

The original arbitration scheduling request is filed with the Prothonotary, with a copy provided to the Court Administrator and all counsel or parties of record.

THIS ORIGINAL FORM HAS BEEN FILED WITH THE PROTHONOTARY THIS DATE WITH A COPY TO THE COURT ADMINISTRATOR AND ALL COUNSEL OR PARTY OF RECORD.

Civil cases

Page 43 | ARBITRATION SCHEDULING REQUEST

Service of the specified summary warrants and summonses is suspended until further notice from the respective MDJ.

The service of summary warrants for failure to respond, summons undelivered and failure to pay summary offenses shall be suspended until further notice from each respective MDJ.

Page 2 | Procedures for Blair County Magisterial District Courts March 16- April 14, 2020

Copies of a written request for a daily, expedited, or same-day transcript must be delivered as directed by subsection (B).

Copies of the written request shall be delivered as required by subsection (B).

Page 2 | Rule 4007.1(C)

After the balance is paid, court reporting personnel must file the original transcript and deliver copies to the appropriate litigants.

Upon payment of the balance owed, the court reporting personnel shall file the original transcript in the appropriate filing office with copies made and delivered to the appropriate litigants.

Page 2 | Rule 4007.1(D)

The petitioner must notify all other parties of the intention to ask the court to issue the rule.

give notice to all other parties of the intention to request the court to issue the rule.

Civil cases

Page 5 | Rule 206.4(c) - Rule to Show Cause

The petitioner must provide all parties with notice of entry of the order.

(5) notice of entry of this order shall be provided to all parties by the petitioner.

Civil cases

Page 6 | Rule 206.4(c) - Rule to Show Cause

The movant and respondent must provide opposing parties immediate notice of filings, the movant must notify them of the hearing date and time and serve signed scheduling orders, and noncompliance may result in dismissal or sanctions.

The movant and respondent shall serve copies of their respective filings upon the opposing party at the time such filings are promptly time-stamped with the Prothonotary’s Office in order to afford opposing party immediate notice of the filing. After receiving a date for hearing, the movant shall inform the opposing party of the date and time of the hearing. The movant shall likewise serve the opposing party with a copy of signed orders for scheduling hearings. (Failure to do so may result in dismissal and/or sanctions).

Civil cases

Page 8 | RULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS

Before submitting responses or briefs at the time of presentation, parties must have served copies on every other party.

(b) Parties may choose to submit responses and briefs at the time of presentation provided that copies have been served on every other party.

Civil cases

Page 9

Service must conform to Pennsylvania Rule of Civil Procedure 440.

(e) Service shall be made in conformity with Pa. R. Civ. P. 440.

Civil cases

Page 10 | RULE 208.3(b) ALTERNATIVE PROCEDURES FOR THE PRESENTATION OF MOTIONS

Filing Fees and Waivers

Each Children First participant must pay a $40 fee before being admitted to the program.

1. The fee for "Children First" is Forty Dollars ($40.00) for each participant. Each participant shall pay his/her own fee prior to admittance to the program.

Civil cases

Page 10 | Rule 1915.3(b) Payment of Fees

Program fees must be paid directly to the Provider by cash, cashier's check, or money order payable to Altoona Hospital; credit cards may be accepted for telephone registrations, personal checks are not accepted, and fees are nonrefundable.

3. The fees for "Children First" and "Sandcastles" shall be paid directly to the Provider by cash, cashiers' check or money order made payable to the "Altoona Hospital". Payment by credit card may be accepted for telephone registrations. No personal checks will be accepted. Such fees shall be non-refundable.

Civil cases

Page 10 | Rule 1915.3(b) Payment of Fees

Sandcastles costs $5 per child, with each party paying an equal share before program admission.

2. The fee for "Sandcastles" is Five Dollars ($5.00) for each child. Each party shall pay an equal portion of the total fee. Such fee shall be paid prior to admittance to the program.

Civil cases

Page 10 | Rule 1915.3(b) Payment of Fees

If the moving party fails to pay specified fees or meet the stated appearance requirements, the action may be dismissed without prejudice and fees paid may be forfeited.

Should the moving party fail to pay fees as specified herein; fail to appear for "Children First"; or fail to insure that any child within that party's physical custody appears for "Sandcastles", the Custody Action may be dismissed without prejudice and any filing or program fees paid by such party shall be forfeited.

Civil cases

Page 11 | Rule 1915.3(c) Failure to Appear/Pay Fees

A non-moving party who fails to pay specified fees or meet the stated appearance requirements faces an immediate rule to show cause, returnable within seven days, and may face sanctions or arrest for failing to appear in court.

Should a non-moving party fail to pay fees as specified herein; fail to appear for "Children First"; or fail to insure that any child within his/her physical custody appears for "Sandcastles", an immediate rule to show cause why such party should not be held in contempt shall issue from this Court. Such rule will be returnable on a date certain within seven (7) days after the date of issue. Such Party shall then be required to appear in court to show cause why they should not be held in contempt and suffer sanctions for failure to pay or appear. Any party failing to appear in court in accordance with the rule to show cause may have a bench warrant for his or her arrest issued and may be arrested by the Blair County Sheriff's Office and brought before this Court.

Civil cases

Page 12 | Rule 1915.3(c) Failure to Appear/Pay Fees

The Plaintiff must pay a $125 arbitration administrative fee to the Prothonotary within 30 days of the designation order, and the hearing will be scheduled only after payment.

Administrative Fee – Arbitration, under B.C.L.R. 1301(a)(1) and (3), shall require the Plaintiff to pay to the Prothonotary an Administrative Fee of one hundred twenty-five dollars ($125) within thirty (30) days of the date of the Court’s Order designating the matter to be scheduled for arbitration. The Plaintiff or the Plaintiff’s attorney of record shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment. The arbitration hearing shall be scheduled by Court Administration only upon Plaintiff’s payment of the Administrative Fee.

Civil cases

Page 30 | Rule 1303 — Arbitration Process

A continuance requested within 72 hours of the scheduled arbitration requires payment to the Prothonotary at the time of the request: $50 for the Case Manager and $40 for each additional Arbitrator, without affecting other arbitration costs.

A party requesting any continuance within seventy-two (72) hours of the scheduled arbitration time shall pay to the Prothonotary the Arbitration Costs at the time of the continuance request. Such Arbitration Costs shall be set at fifty dollars ($50.00) for the Case Manager of the arbitration panel, and forty dollars ($40.00) for each additional Arbitrator of the arbitration panel. Such payment shall not impact the applicability of any other Arbitration costs.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

A party requesting an additional continuance must pay the Prothonotary a $50 continuance fee when making the request.

A party requesting an additional continuance shall pay to the Prothonotary a Continuance Fee of fifty dollars ($50.00) at the time of the continuance request.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

Court Administration may reschedule an arbitration hearing only after the moving party pays any applicable continuance fees or arbitration costs.

The arbitration hearing shall be rescheduled by Court Administration only upon the moving party's payment of any applicable Continuance Fees or Arbitration Costs.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

For a civil case with an arbitration hearing lasting at least 4½ hours, arbitration costs are $225 for the Case Manager and $200 for each additional Arbitrator.

For each Civil Case in which the arbitration hearing lasts four and a half (4½) hours or more, Arbitration Costs shall be set at two hundred twenty-five dollars ($225.00) for the Case Manager of the arbitration panel, and two hundred dollars ($200.00) for each additional Arbitrator of the arbitration panel.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

For each civil case eligible under B.C.L.R. 1301(a)(1) and (3), arbitration costs are $150 for the Case Manager and $125 for each additional Arbitrator.

For each Civil Case eligible for arbitration under B.C.L.R. 1301(a) (1) and (3), Arbitration Costs shall be set at one hundred fifty dollars ($150.00) for the Case Manager of the arbitration panel, and one hundred twenty-five dollars ($125.00) for each additional Arbitrator of the arbitration panel.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

If settlement occurs within 72 hours of the hearing or the parties fail to give timely notice, they must pay arbitration costs of $50 for the Case Manager and $40 for each additional Arbitrator to the Prothonotary within 10 days of the scheduled hearing, with plaintiffs and defendants each contributing 50% unless otherwise agreed.

If a Settlement occurs within seventy-two (72) hours of the scheduled arbitration hearing, or if the parties fail to timely notify the assigned Judge and Court Administration, or its designee, under subsection (f)(1) of this provision, the parties shall pay the Arbitration Costs. A. The Arbitration Costs shall be set at fifty dollars ($50.00) for the Case Manager of the arbitration panel, and forty dollars ($40.00) for each additional Arbitrator of the arbitration panel. B. Such Arbitration Costs are to be paid to the Prothonotary by the parties, with fifty per cent (50%) contribution from the plaintiff(s), jointly and severally, and fifty per cent (50%) contribution from the defendant(s), jointly and severally, unless otherwise agreed upon by the parties. C. Such payment shall be made within ten (10) days of the scheduled arbitration hearing.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

A consent judgment must include a $24.00 filing fee paid by check to the Blair County Prothonotary or it will not be accepted.

Consent Judgments must be accompanied by a check for the $24.00 filing fee. The check must be made payable to the Blair County Prothonotary. Consent Judgments without the filing fee will not be accepted by the Blair County Prothonotary.

Civil cases

Page 38 | ATTACHMENT "C"

(1) The litigant ordering the transcript shall make payment in the amount of 90% of the estimated total cost of the transcript which will be communicated to them by the court reporting personnel or District Court Administrator's Office within 10 days of the request. Payment by self-represented litigants shall be made by money order only. Checks or money orders are to be made payable to the County of Blair and shall be delivered to the District Court Administrator's Office. Cash shall not be accepted by the District Court Administrator's Office.

(1) The litigant ordering the transcript shall make payment in the amount of 90% of the estimated total cost of the transcript which will be communicated to them by the court reporting personnel or District Court Administrator's Office within 10 days of the request. Payment by self-represented litigants shall be made by money order only. Checks or money orders are to be made payable to the County of Blair and shall be delivered to the District Court Administrator's Office. Cash shall not be accepted by the District Court Administrator's Office.

Page 2 | Rule 4007.1(D)(1)

Any final transcript balance paid by check or money order must be payable to the County of Blair and delivered to the District Court Administrator’s Office.

(4) Checks or money orders for the final balance are to be made payable to the County of Blair and shall be delivered to the District Court Administrator’s Office.

Page 2 | Rule 4007.1(D)(4)

All costs due to the Prothonotary must be paid for the Prothonotary to accept a discontinuance praecipe.

A discontinuance may also be entered by a written direction (praecipe) to the Prothonotary if it is signed by the plaintiff’s attorney or by a self-represented plaintiff and the same shall be accepted by the Prothonotary if all costs due the Prothonotary have been paid.

Civil cases

Page 12 | RULE 229 DISCONTINUANCES

For arbitration under B.C.L.R. 1301(a)(1) and (3), the Plaintiff must pay a $125 administrative fee within 30 days of the designation order, and the hearing is scheduled only after payment.

(a) Administrative Fee – Arbitration, under B.C.L.R. 1301(a)(1) and (3), shall require the Plaintiff to pay to the Prothonotary an Administrative Fee of one hundred twenty-five dollars ($125) within thirty (30) days of the date of the Court’s Order designating the matter to be scheduled for arbitration. The Plaintiff or the Plaintiff’s attorney of record shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment. The arbitration hearing shall be scheduled by Court Administration only upon Plaintiff’s payment of the Administrative Fee.

Civil cases

Page 30 | Rule 1303 - Arbitration Process

The parties must pay Arbitration Costs if settlement occurs within 72 hours of the scheduled arbitration hearing or they fail to give timely settlement notice.

(2) If a Settlement occurs within seventy-two (72) hours of the scheduled arbitration hearing, or if the parties fail to timely notify the assigned Judge and Court Administration, or its designee, under subsection (f)(1) of this provision, the parties shall pay the Arbitration Costs.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

For each civil case eligible for arbitration under B.C.L.R. 1301(a)(1) and (3), the Case Manager’s Arbitration Costs are $150.

(1) For each Civil Case eligible for arbitration under B.C.L.R. 1301(a) (1) and (3), Arbitration Costs shall be set at one hundred fifty dollars ($150.00) for the Case Manager of the arbitration panel, and one hundred twenty-five dollars ($125.00) for each additional Arbitrator of the arbitration panel.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

A continuance requested within 72 hours of the scheduled arbitration requires payment to the Prothonotary at the time of the request, including $50 for the Case Manager.

(4) A party requesting any continuance within seventy-two (72) hours of the scheduled arbitration time shall pay to the Prothonotary the Arbitration Costs at the time of the continuance request. Such Arbitration Costs shall be set at fifty dollars ($50.00) for the Case Manager of the arbitration panel, and forty dollars ($40.00) for each additional Arbitrator of the arbitration panel. Such payment shall not impact the applicability of any other Arbitration costs.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

For a civil case with an arbitration hearing lasting at least 4½ hours, the Case Manager’s Arbitration Costs are $225.

(2) For each Civil Case in which the arbitration hearing lasts four and a half (4½) hours or more, Arbitration Costs shall be set at two hundred twenty-five dollars ($225.00) for the Case Manager of the arbitration panel, and two hundred dollars ($200.00) for each additional Arbitrator of the arbitration panel.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

A party requesting an additional continuance must pay a $50 continuance fee to the Prothonotary when requesting it.

(3) A party requesting an additional continuance shall pay to the Prothonotary a Continuance Fee of fifty dollars ($50.00) at the time of the continuance request.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

For the Arbitration Costs addressed in this settlement provision, the Case Manager’s cost is $50.

A. The Arbitration Costs shall be set at fifty dollars ($50.00) for the Case Manager of the arbitration panel, and forty dollars ($40.00) for each additional Arbitrator of the arbitration panel.

Civil cases

Page 32 | Rule 1304 - Conduct of Arbitration Hearings

The parties must pay these Arbitration Costs to the Prothonotary, with plaintiffs jointly and severally responsible for 50% and defendants jointly and severally responsible for 50%, unless they agree otherwise.

B. Such Arbitration Costs are to be paid to the Prothonotary by the parties, with fifty per cent (50%) contribution from the plaintiff(s), jointly and severally, and fifty per cent (50%) contribution from the defendant(s), jointly and severally, unless otherwise agreed upon by the parties.

Civil cases

Page 32 | Rule 1304 - Conduct of Arbitration Hearings

The Arbitration Costs payment must be made within 10 days of the scheduled arbitration hearing.

C. Such payment shall be made within ten (10) days of the scheduled arbitration hearing.

Civil cases

Page 32 | Rule 1304 - Conduct of Arbitration Hearings

An arbitration appeal fee of $400 is due at filing, or $625 if the hearing lasted at least four and one-half hours; the fee is not reimbursed, and the appeal does not eliminate other applicable costs or fees.

(d) A party appealing an Arbitration Award, shall pay to the Prothonotary an Arbitration Appeal Fee of four hundred dollars ($400.00), unless the arbitration hearing lasted four and one-half (4 ½) hours or more, in which case the Arbitration Appeal Fee shall be six hundred and twenty-four dollars ($625.00). Such fee must be paid at the time of filing the appeal in order to perfect such appeal. An appeal from the Arbitration Award does not, in any way, relieve any party of any duty to pay any applicable Costs or Fees under B.C.L.R. 1303 et. al. There shall be no reimbursement of the Arbitration Appeal Fees to the appealing party, even if the final decision entered after the appeal differs from the Award of Arbitrators.

Civil cases

Page 34 | RULE 1308 ARBITRATION APPEALS

Filing Bundling Requirements

Parties may, but are not required to, submit responses and briefs when the motion is presented, provided copies have been served on every other party.

(b) Parties may choose to submit responses and briefs at the time of presentation provided that copies have been served on every other party. However, parties are not required to file responses and briefs in these instances.

Civil cases

Page 9

Pre-Motion Conference Requirements

Briefs must follow the schedule ordered after an evidentiary hearing, or the schedule provided in the order issuing the rule if no evidentiary hearing is held.

- (5) Briefs addressing whether a rule to show cause should issue shall be filed according to the briefing schedule ordered by the presiding judge at the conclusion of the evidentiary hearing. If the Court declines to hold an evidentiary hearing, the Court shall provide a briefing schedule in the order issuing the rule.

Civil cases

Page 5 | RULE 206.4(c) — RULE TO SHOW CAUSE

The Court initially considers covered motions without written responses or briefs and may grant relief only if the motion is uncontested or the parties have an opportunity for argument; it may deny a defective, untimely, or inadequately supported motion without argument.

The Court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the Court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the parties to the proceeding are given an opportunity for argument. - (a) This rule does not prevent the Court from denying the moving party's request for relief without the opportunity for an argument where the motion is procedurally defective, untimely filed, or fails to set forth adequate grounds for relief.

Civil cases

Page 8 | RULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS

The Court prefers to decide specified motions on briefs, but counsel may request oral argument when a brief is insufficient by submitting a written, reasoned request to Court Administration; the judge decides whether to schedule argument, and the Court may schedule it on its own initiative.

It is the preference of the Court to decide specified motions on briefs. Counsel may request oral argument in situations where a brief is insufficient to properly set forth the argument. The request for oral argument must be made in writing within ten (10) days of filing the motion, and submitted to Court Administration, with a statement setting forth the reasons for the necessity of oral argument. Court Administration shall refer the matter to the assigned judge. - (a) It shall be at the discretion of that judge whether argument will be scheduled. - (b) The Court may sua sponte schedule oral argument as it deems necessary.

Civil cases

Page 10 | RULE 208.3(b)

If oral argument is approved, the moving party must file a brief within twenty days; response briefs are due within twenty days of receipt of that brief, and reply briefs within ten days of its receipt.

If the request for oral argument is approved, the moving party shall file a brief within twenty (20) days. - (d) All response briefs must be filed no later than twenty (20) days of receipt of the moving party's brief. Reply briefs shall then be filed within ten (10) days of receipt of the moving party's brief.

Civil cases

Page 10 | RULE 208.3(b)

Motions not specified in the listed local rules follow a 20-day briefing schedule unless the Court specifies otherwise.

Any motion not specified in B.C.L.R. 1028(c), 1034(a), or 1035.2(a) shall be governed by a twenty (20) day briefing schedule unless otherwise specified by the Court. See B.C.L.R 208.

Civil cases

Page 20 | Rule 303 - Motions for Decision

Briefs must follow the schedule set by the judge at the end of an evidentiary hearing, or the schedule provided in the order issuing the rule if no evidentiary hearing is held.

Briefs addressing whether a rule to show cause should issue shall be filed according to the briefing schedule ordered by the presiding judge at the conclusion of the evidentiary hearing. If the Court declines to hold an evidentiary hearing, the Court shall provide a briefing schedule in the order issuing the rule.

Civil cases

Page 5 | Rule 206.4(c) - Rule to Show Cause

The Court prefers to decide specified motions on briefs; counsel may request oral argument in writing within ten days of filing the motion, and approved requests trigger deadlines for the moving, response, and reply briefs.

(1) It is the preference of the Court to decide specified motions on briefs. Counsel may request oral argument in situations where a brief is insufficient to properly set forth the argument. The request for oral argument must be made in writing within ten (10) days of filing the motion, and submitted to Court Administration, with a statement setting forth the reasons for the necessity of oral argument. Court Administration shall refer the matter to the assigned judge. (a) It shall be at the discretion of that judge whether argument will be scheduled. (b) The Court may sua sponte schedule oral argument as it deems necessary. (c) If the request for oral argument is approved, the moving party shall file a brief within twenty (20) days. (d) All response briefs must be filed no later than twenty (20) days of receipt of the moving party’s brief. Reply briefs shall then be filed within ten (10) days of receipt of the moving party’s brief. (e) Service shall be made in conformity with Pa. R. Civ. P. 440. (f) If response briefs are not timely filed the Court may dispose of the motion without such response brief and/or a monetary sanction may be imposed by the Court.

Civil cases

Page 10 | RULE 208.3(b) ALTERNATIVE PROCEDURES FOR THE PRESENTATION OF MOTIONS

Motions not specified in B.C.L.R. 1028(c), 1034(a), or 1035.2(a) are governed by a twenty-day briefing schedule unless the Court specifies otherwise.

Any motion not specified in B.C.L.R. 1028(c), 1034(a), or 1035.2(a) shall be governed by a twenty (20) day briefing schedule unless otherwise specified by the Court. See B.C.L.R 208.

Civil cases

Page 20 | Rule 303 - Motions for Decision

The moving party must resolve outstanding motions and pre-arbitration issues before the hearing begins, or those issues are deemed waived.

(4) Outstanding Motions- It shall be the responsibility of the moving party to resolve any outstanding motions or pre-arbitration issues before the commencement of the hearing. Otherwise, any such issues shall be deemed waived.

Civil cases

Page 28 | RULE 1301 — ARBITRATION

Commonwealth and defense counsel must confer as soon as practicable before the preliminary hearing to determine whether the defendant is willing to waive it.

Counsel for the Commonwealth and the defendant shall confer as soon as practicable prior to the preliminary hearing to determine the defendant is willing to waive the preliminary hearing.

Criminal cases

Page 2 | PRELIMINARY HEARINGS

A date-certain argument or hearing must be scheduled before the assigned judge after the answer deadline, unless the presiding judge decides the matter on briefs alone.

- (4) Argument/hearing shall be scheduled in front of the judge to whom the case is assigned for a date certain after the deadline for filing the answer. It is within the discretion of the presiding judge to determine whether the matter can be decided on briefs alone.

Civil cases

Page 5 | RULE 206.4(c) — RULE TO SHOW CAUSE

The Court initially considers a motion without written responses or briefs and may grant relief only if the motion is uncontested or the parties have an opportunity for argument, but may deny a procedurally defective, untimely, or inadequately supported motion without argument.

The Court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the Court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the parties to the proceeding are given an opportunity for argument. (a) This rule does not prevent the Court from denying the moving party’s request for relief without the opportunity for an argument where the motion is procedurally defective, untimely filed, or fails to set forth adequate grounds for relief.

Civil cases

Page 8 | RULE 208.3(a) PRESENTATION OF MOTIONS AND PETITIONS

Adjournment & Extension Requirements

Requests to extend the twenty-day deadline for responsive briefs must be submitted in writing to Court Administration for referral to the assigned judge.

All requests for extension of the twenty (20) days to file responsive briefs shall be submitted in writing to Court Administration and will be referred to the assigned judge.

Civil cases

Page 10 | RULE 208.3(b)

Continuance requests must be filed at least ten days before the hearing.

Requests for continuances shall be filed at least ten (10) days in advance of the hearing date.

Civil cases

Page 11 | RULE 216 — CONTINUANCES

A continuance request must state the opposing party's position; omission results in automatic denial.

Any request must specify the position of the opposing party/parties. Failure to specify the position of the opposing party/parties results in automatic denial of the request.

Civil cases

Page 11 | RULE 216 — CONTINUANCES

Should any party need additional time for preparation, or discovery as a result of a supplemental pretrial memorandum being filed, a petition must be promptly filed with the Court seeking such an extension of time prior to the scheduled trial date.

Should any party need additional time for preparation, or discovery as a result of a supplemental pretrial memorandum being filed, a petition must be promptly filed with the Court seeking such an extension of time prior to the scheduled trial date.

Civil cases

Page 24 | RULE 365 – PRETRIAL PROCEDURE

Requests to extend the 20-day period for responsive briefs must be submitted in writing to Court Administration for referral to the assigned judge.

All requests for extension of the twenty (20) day period to file responsive briefs shall be submitted in writing to Court Administration, and it will be referred to the assigned judge for consideration.

Civil cases

Page 25 | RULE 1028(c) PRELIMINARY OBJECTIONS

Requests to extend the 20-day period for a responsive brief must be submitted in writing to Court Administration for referral to the assigned judge.

All requests for extension of the twenty (20) day period to file a responsive brief shall be submitted in writing to Court Administration, and it will be referred to the assigned judge for consideration.

Civil cases

Page 26 | RULE 1034(a) JUDGMENT ON THE PLEADINGS

Requests to extend the 30-day period for filing a responsive brief must be submitted in writing to Court Administration for referral to the assigned judge.

All requests for extension of the thirty (30) day period to file a responsive brief shall be submitted in writing to Court Administration, and it will be referred to the assigned judge for consideration.

Civil cases

Page 27 | RULE 1035.2(a) — MOTIONS FOR SUMMARY JUDGMENT

If a party is not ready when the arbitration hearing convenes, the case proceeds to an award unless the Court orders a continuance or hears the matter under the stated notice-and-consent conditions.

Preparation – When the board of arbitrators is convened for the hearing, if one or more of the parties is not ready, the case shall proceed and the arbitrators shall make an award unless the Court: - (1) orders a continuance, or; - (2) hears the matter if the notice of arbitration contains the statement required by subsection (b)(1) of this provision and all parties present consent.

Civil cases

Page 30 | Rule 1303 — Arbitration Process

A party moving for a continuance must file it as set forth in Attachment A.

Continuance Request –A party moving for a continuance shall file a continuance as set forth in ATTACHMENT “A”.

Civil cases

Page 30 | Rule 1303 — Arbitration Process

Continuances are filed through Court Administration and may be granted only by the Court; the Arbitration Case Manager cannot grant them.

The Arbitration Case Manager does not have the duty or power to grant any continuance. Continuances are filed through Court Administration and may only be granted by the Court.

Civil cases

Page 33 | RULE 1304 — CONDUCT OF ARBITRATION HEARINGS

The continuance request form calls for the reason, the previously scheduled matter, prior continuances, client notification and position, and the opposing party’s position; if filed less than two weeks before the scheduled matter, it asks for a reason for the untimely filing.

REASON FOR REQUEST: _____ _____ _____ _____ _____ _____ IF LESS THAN TWO WEEKS, REASON FOR UNTIMELY FILING: _____ NUMBER OF PRIOR CONTINUANCES _____ PLAINTIFF _____ DEFENDANT _____ REQUESTING PARTY (ATTORNEY or SELF REPRESENTED LITIGANT) FOR _____ (NAME OF CLIENT) (PRINT) _____ NOTIFIED CLIENT _____ (DATE) _____ Agrees with _____ (SIGN) _____ Objects to request _____ OPPOSING PARTY(IES) (ATTORNEY OR Self Represented Litigant) FOR: _____ _____ Agrees with _____ _____ Objects to request _____

Civil cases

Page 35 | CIVIL CONTINUANCE REQUEST

Requests to extend the twenty-day period for responsive briefs must be submitted in writing to Court Administration for referral to the assigned judge.

(g) All requests for extension of the twenty (20) days to file responsive briefs shall be submitted in writing to Court Administration and will be referred to the assigned judge.

Civil cases

Page 10 | RULE 208.3(b) ALTERNATIVE PROCEDURES FOR THE PRESENTATION OF MOTIONS

A continuance request must use the written civil continuance form in Attachment A, state its factual basis, and be filed with Court Administration for forwarding to the assigned judge.

All applications for continuance shall be made by written civil continuance form affixed herein as ATTACHMENT “A”. The continuance shall specify the factual basis for the request of the proposed continuance. The request for continuance shall be filed with Court Administration and will be forwarded to the assigned judge.

Civil cases

Page 11 | RULE 216 CONTINUANCES

A continuance request must be filed at least 10 days before the hearing; an untimely motion must specifically state the reasons for the delay.

Requests for continuances shall be filed at least ten (10) days in advance of the hearing date. Where the continuance is not timely filed, the reasons for the delay shall be specifically set forth in the motion.

Civil cases

Page 11 | RULE 216 CONTINUANCES

A continuance request must state the opposing party’s position; otherwise, it is automatically denied.

Any request must specify the position of the opposing party/parties. Failure to specify the position of the opposing party/parties results in automatic denial of the request

Civil cases

Page 11 | RULE 216 CONTINUANCES

Should any party need additional time for preparation, or discovery as a result of a supplemental pretrial memorandum being filed, a petition must be promptly filed with the Court seeking such an extension of time prior to the scheduled trial date.

Should any party need additional time for preparation, or discovery as a result of a supplemental pretrial memorandum being filed, a petition must be promptly filed with the Court seeking such an extension of time prior to the scheduled trial date.

Civil cases

Page 24 | RULE 365 — PRETRIAL PROCEDURE

Requests to extend the 20-day period for responsive briefs must be submitted in writing to Court Administration for referral to the assigned judge.

All requests for extension of the twenty (20) day period to file responsive briefs shall be submitted in writing to Court Administration, and it will be referred to the assigned judge for consideration.

Civil cases

Page 25 | RULE 1028(c) PRELIMINARY OBJECTIONS

Requests to extend the 20-day period for a responsive brief must be submitted in writing to Court Administration for referral to the assigned judge.

All requests for extension of the twenty (20) day period to file a responsive brief shall be submitted in writing to Court Administration, and it will be referred to the assigned judge for consideration.

Civil cases

Page 26 | RULE 1034(a) JUDGMENT ON THE PLEADINGS

Requests to extend the 30-day response-brief period must be submitted in writing to Court Administration for referral to the assigned judge.

(4) All requests for extension of the thirty (30) day period to file a responsive brief shall be submitted in writing to Court Administration, and it will be referred to the assigned judge for consideration.

Civil cases

Page 27 | RULE 1035.2(a) — MOTIONS FOR SUMMARY JUDGMENT

If any party is not ready when the arbitration hearing convenes, the case proceeds to an award unless the Court orders a continuance or hears the matter itself when the notice includes the required statement and all parties present consent.

(d) Preparation – When the board of arbitrators is convened for the hearing, if one or more of the parties is not ready, the case shall proceed and the arbitrators shall make an award unless the Court: (1) orders a continuance, or; (2) hears the matter if the notice of arbitration contains the statement required by subsection (b)(1) of this provision and all parties present consent.

Civil cases

Page 30 | Rule 1303 - Arbitration Process

A party moving for a continuance must file it in the manner set forth in Attachment A.

(e) Continuance Request –A party moving for a continuance shall file a continuance as set forth in ATTACHMENT “A”.

Civil cases

Page 30 | Rule 1303 - Arbitration Process

Court Administration may reschedule an arbitration hearing only after the moving party pays any applicable continuance fees or arbitration costs.

The arbitration hearing shall be rescheduled by Court Administration only upon the moving party’s payment of any applicable Continuance Fees or Arbitration Costs.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

Continuances are filed through Court Administration and may only be granted by the Court, not the Arbitration Case Manager.

(c) The Arbitration Case Manager does not have the duty or power to grant any continuance. Continuances are filed through Court Administration and may only be granted by the Court.

Civil cases

Page 33 | RULE 1304 CONDUCT OF ARBITRATION HEARINGS

The civil continuance request form calls for the reason for the request, prior continuances, client notification and position, and the opposing party’s position; if filed less than two weeks before the scheduled matter, it asks for a reason for the untimely filing.

CIVIL CONTINUANCE REQUEST REASON FOR REQUEST: IF LESS THAN TWO WEEKS, REASON FOR UNTIMELY FILING: NUMBER OF PRIOR CONTINUANCES PLAINTIFF DEFENDANT REQUESTING PARTY (ATTORNEY or SELF REPRESENTED LITIGANT) FOR (NAME OF CLIENT) NOTIFIED CLIENT (DATE) Agrees with Objects to request OPPOSING PARTY(IES) (ATTORNEY OR Self Represented Litigant) FOR: Agrees with Objects to request

Civil cases

Page 35 | CIVIL CONTINUANCE REQUEST

Custody matters are continued until at least April 3, 2020, except emergency child-custody petitions.

All matters in custody have been continued until at least April 3, 2020 with the exception of emergency petitions for child custody.

Civil cases

Page 2 | 2. Matters Continued

A continuance request may be granted only if the judge determines an extenuating circumstance will result in potential hardship or prejudice.

Continuance requests from the Commonwealth/Defendant/Defense Counsel will NOT be granted unless the Magisterial District Judge determines there is an extenuating circumstance that will result in a potential hardship and/or prejudice.

Criminal cases

Page 1 | ORDER

Chambers Communication Rules

If a motion is settled or withdrawn before disposition, the moving party must notify Court Administration in writing.

If a motion is settled or withdrawn prior to disposition, the moving party shall so inform Court Administration in writing.

Civil cases

Page 10 | RULE 208.3(b)

The parties must notify the assigned Judge and Court Administration, or its designee, in writing of a settlement no later than 72 hours before the scheduled arbitration hearing.

If a settlement occurs prior to the scheduled arbitration hearing, the parties shall notify in writing the assigned Judge and Court Administration, or its designee, of the settlement no later than seventy-two (72) hours prior to the scheduled arbitration hearing.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

The moving party must notify the assigned Judge and Court Administration, or its designee, in writing of the continuance-fee payment.

The moving party shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

When a continuance is granted, Court Administration or its designee must notify the parties or their attorneys of record and the assigned Judge in writing of the arbitration hearing's new date, time, and place, in accordance with subsection (b).

If a continuance request is granted, Court Administration, or its designee, shall give to the parties, or the attorneys of record, and the assigned Judge notice in writing of the new date, time and place of the arbitration hearing. Such notice shall meet the requirements set forth under subsection (b) of this provision.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

The moving party must notify the assigned Judge and Court Administration or its designee in writing that the continuance fee was paid.

The moving party shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

If the parties settle before the scheduled arbitration hearing, they must notify the assigned Judge and Court Administration or its designee in writing no later than 72 hours before the hearing.

(1) If a settlement occurs prior to the scheduled arbitration hearing, the parties shall notify in writing the assigned Judge and Court Administration, or its designee, of the settlement no later than seventy-two (72) hours prior to the scheduled arbitration hearing.

Civil cases

Page 31 | Rule 1304 - Conduct of Arbitration Hearings

Probate appointments must be scheduled by calling the Register of Wills staff at 814-693-3095.

Probate appointments shall be scheduled by placing telephone calls to the Register of Wills' staff at 814-693-3095.

Page 2 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

All attorneys, witnesses (including law enforcement officers) and victims will appear or attend by telephone (though they may appear in person, if necessary. It shall be the responsibility of the Commonwealth (affiant/ DA/ victim-witness advocate) to notify any victims/witnesses, if applicable.

All attorneys, witnesses (including law enforcement officers) and victims will appear or attend by telephone (though they may appear in person, if necessary. It shall be the responsibility of the Commonwealth (affiant/ DA/ victim-witness advocate) to notify any victims/witnesses, if applicable.

Criminal cases

Page 1 | PRELIMINARY HEARINGS

If video appearance or the Magisterial District Judge's presence is not possible or practical, all parties must appear by telephone.

If appearance by video or the Magisterial District Judge's presence is not possible or practical, all parties will appear by telephone.

Criminal cases

Page 1 | PRELIMINARY HEARINGS

Preliminary hearings for defendants in custody will be conducted using advanced communication technology, including video or telephone.

Preliminary hearings for defendants who are in custody will occur via advanced communication technology (including, but not limited to, video and/or telephone).

Criminal cases

Page 1 | PRELIMINARY HEARINGS

Telephone appearances or attendance must use a telephone conference established by Court Administration.

All appearance or attendance by telephone will be by means of a telephone conference established by Court Administration.

Criminal cases

Page 2 | PRELIMINARY HEARINGS

The emergency petition must be forwarded to the PFA Office, and the petitioner must be advised to contact the PFA by telephone no later than 11:00 a.m. the next business day.

Said emergency petition shall be forwarded to the Protection From Abuse (PFA) Office at the Blair County Courthouse and the Petitioner shall be advised to contact the PFA by telephone no later than 11:00 am the next business day.

Civil cases

Page 2 | ORDER

If a motion is settled or withdrawn before disposition, the moving party must inform Court Administration in writing.

(h) If a motion is settled or withdrawn prior to disposition, the moving party shall so inform Court Administration in writing.

Civil cases

Page 10 | RULE 208.3(b) ALTERNATIVE PROCEDURES FOR THE PRESENTATION OF MOTIONS

Temporarily, probate of estates is by appointment only and conducted through FaceTime, Skype, or another online or teleconference option.

The Register of Wills Office shall on a temporary basis probate estates by appointment only via FaceTime, Skype, or other online/teleconference options.

Page 2 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

Police departments should contact the Magisterial District Court with jurisdiction directly.

Police departments should contact the respective Magisterial District Court directly.

Civil cases

Page 2 | ORDER

Contact the Court at the listed number for accessibility information or accommodations, and make all arrangements at least 72 hours before a hearing or other business before the Court.

For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact (814) 693-3050. All arrangements must be made seventy-two (72) hours prior to any hearing or business before the Court.

Civil cases

Page 14 | AMERICANS WITH DISIBILITIES ACT OF 1990

Requests for transcript copies must be directed to the applicable listed Blair County office at the stated address, which produces the copies.

Any requests for copies shall be addressed to and produced by the Blair County Prothonotary Office, Clerk of Courts or Blair County Orphans Court as applicable at 423 Allegheny Street, STE 144, Hollidaysburg, PA 16648.

Page 4 | Rule 4008.1(D) Copies of Transcripts

Questions about recordings may be directed by phone to the Recorder of Deeds Office staff at 814-693-3095.

Specific questions regarding recordings may be directed to the Recorder of Deeds Office staff at 814-693-3095.

Page 1 | PROCEDURES FOR FILING AND OTHERWISE WITH THE OFFICES OF THE BLAIR COUNTY REGISTER OF WILLS AND RECORDER OF DEEDS

Common questions about Court of Common Pleas of Blair County, Pennsylvania rules

Does Court of Common Pleas of Blair County, Pennsylvania require a pre-motion conference or letter before filing a motion?

Briefs must follow the schedule ordered after an evidentiary hearing, or the schedule provided in the order issuing the rule if no evidentiary hearing is held.

View ruleSource: page 5, section RULE 206.4(c) — RULE TO SHOW CAUSE

What page or word limits apply to narrative statement in Court of Common Pleas of Blair County, Pennsylvania?

Court of Common Pleas of Blair County, Pennsylvania's rule states these limits: 2 pages. Narrative statements, if required, should be one to two pages; the stated maximum is two pages.

View ruleSource: page 16, section Rule 302(b)(5) Narrative Statements

What formatting rules apply to filings in Court of Common Pleas of Blair County, Pennsylvania?

Court of Common Pleas of Blair County, Pennsylvania's formatting rule includes acceptable formats are .pdf, .jpg, .png, and .mp4., microsoft office documents (word, excel, powerpoint, outlook, etc.) must be converted to .pdf unless specific formatting or metadata is a relevant part of the exhibit., and no other file types will be accepted without prior approval.. Exhibits must use an accepted file format; Microsoft Office documents must generally be converted to PDF, and other file types require prior approval.

View ruleSource: page 3, section RULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED

What must be included with petition filings in Court of Common Pleas of Blair County, Pennsylvania?

The petition must give detailed reasons for the objection and the proposed alternative.

View ruleSource: page 3, section RULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED

What must be included with custody action filing filings in Court of Common Pleas of Blair County, Pennsylvania?

When initiating a Custody Action, the moving party must attach the custody notice/scheduling order and program description when filing.

View ruleSource: page 8, section Rule 1915.3 (a) Filing/Scheduling Procedure

How may parties contact Court of Common Pleas of Blair County, Pennsylvania?

If a motion is settled or withdrawn before disposition, the moving party must notify Court Administration in writing.

View ruleSource: page 10, section RULE 208.3(b)

How do I request an adjournment or extension in Court of Common Pleas of Blair County, Pennsylvania?

The request must include adversary position. A continuance request must state the opposing party's position; omission results in automatic denial.

View ruleSource: page 11, section RULE 216 — CONTINUANCES

Does Court of Common Pleas of Blair County, Pennsylvania require motion papers to be bundled?

Bundling is optional for covered papers in Court of Common Pleas of Blair County, Pennsylvania. Parties may, but are not required to, submit responses and briefs when the motion is presented, provided copies have been served on every other party.

View ruleSource: page 9

Are filing fees or waivers addressed in Court of Common Pleas of Blair County, Pennsylvania?

A fee is required for covered filings. Each Children First participant must pay a $40 fee before being admitted to the program.

View ruleSource: page 10, section Rule 1915.3(b) Payment of Fees

Is electronic filing required in Court of Common Pleas of Blair County, Pennsylvania?

Walk-in case filings and fine payments are prohibited during the order’s effective period.

View ruleSource: page 1, section ADMINISTRATIVE ORDER — MAGISTERIAL DISTRICT JUDGE COURTS

What filing deadlines apply to petition filings in Court of Common Pleas of Blair County, Pennsylvania?

A petition objecting to conducting a proceeding via ACT must be filed no later than 72 hours before the event.

View ruleSource: page 3, section RULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED

What rule applies to service by email in Court of Common Pleas of Blair County, Pennsylvania?

Details: method: service by email, timing: 5 business days before hearing. Exhibits for an ACT proceeding must be emailed to court administration for distribution by noon five business days before the proceeding.

View ruleSource: page 3, section RULES RESTRICTING ADVANCED COMMUNICATION TECHNOLOGY (ACT) USE ARE SUSPENDED
Complete rules summary for Court of Common Pleas of Blair County, Pennsylvania

The court may accept filings through means other than in-person delivery when the capability is available.

A petition objecting to conducting a proceeding via ACT must be filed no later than 72 hours before the event.

The petition must give detailed reasons for the objection and the proposed alternative.

Exhibits for an ACT proceeding must be emailed to court administration for distribution by noon five business days before the proceeding.

Exhibits must use an accepted file format; Microsoft Office documents must generally be converted to PDF, and other file types require prior approval.

For a mortgage foreclosure complaint involving an owner-occupied residence, the Program Notice and HOOCert must be served on the defendant along with the complaint.

The defendant must return the HOOCert within ten days of service.

An appeal from the Board of Assessment must be filed within 30 days of the Board's decision.

When initiating a Custody Action, the moving party must attach the custody notice/scheduling order and program description when filing.

The program description must use the form to be published by the Court through the District Court Administrator's office.

The moving party must serve true and correct copies on all other parties to the action.

The moving party must file with the Prothonotary proof showing when and how the specified pleadings and documents were served on all other parties.

Each Children First participant must pay a $40 fee before being admitted to the program.

Sandcastles costs $5 per child, with each party paying an equal share before program admission.

Program fees must be paid directly to the Provider by cash, cashier's check, or money order payable to Altoona Hospital; credit cards may be accepted for telephone registrations, personal checks are not accepted, and fees are nonrefundable.

The Court may consider waiving or reducing fees for people unable to pay in extreme circumstances.

A fee waiver or reduction request must be presented to the District Court Administrator's Office using the IFP form, available there or at the Prothonotary's Office.

A fee waiver or reduction request must be presented at least ten days before the applicable program.

If the moving party fails to pay specified fees or meet the stated appearance requirements, the action may be dismissed without prejudice and fees paid may be forfeited.

A non-moving party who fails to pay specified fees or meet the stated appearance requirements faces an immediate rule to show cause, returnable within seven days, and may face sanctions or arrest for failing to appear in court.

Walk-in case filings and fine payments are prohibited during the order’s effective period.

For summary trials, hearings, and conferences, judges should use ACT when possible or may continue matters to a later date if preferable.

Judges may hear or continue other non-emergency matters as they determine best suits the needs of their court.

The District Court Administrator must email one copy of the Rules to the Administrative Office of Pennsylvania Courts.

The District Court Administrator must submit two paper copies and one electronic copy in Microsoft Word format to the Legislative Reference Bureau for publication.

The electronic copy submitted to the Legislative Reference Bureau must be in Microsoft Word format.

A formal narrative is required for the pretrial conference.

An initial pleading in a civil action must be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet.

A notice must name MIDPENN LEGAL SERVICES and include its listed address and telephone numbers.

A petitioner must attach a proposed order to the petition.

More Judges in Court of Common Pleas of Blair County, Pennsylvania

David B. Consiglio
Judge
Jackie L. Bernard
Judge
Louis C. Schmitt
Judge
Paula M. Aigner
Judge
Wade A. Kagarise
Judge