Court of Common Pleas of Chester County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Continuance Motion, Continuance Petition, Answer
- 1 copy
Adjournments
- A continuance will not be granted unless good cause is shown.
- Continuances of office conferences and matters before Hearing Officers may be granted by agreement of all counsel, or by agreement between counsel and unrepresented parties; other continuances are governed by the cited rules.
- If timely Preliminary Objections raise jurisdiction or venue, conciliation must be continued until the court decides the issue.
- +36 more
Request must include
- A continuance request or settlement for a matter on the long-day list must be submitted in writing at least 72 hours before the scheduled date; otherwise, all parties must appear at the hearing.
Communication
Phone
Phone
Phone
Phone
Clerk
Page & Word Limits5 rules
A Pre-Trial Statement may not exceed three pages.
- Page limit
- Up to 3 pages
Court's wording
Each party shall submit to the Court and opposing counsel at least five (5) days before the scheduled hearing date a Pre-Trial Statement not exceeding three (3) pages setting forth: (1) a brief statement of the claim(s) being made by the moving party or the defense(s) being made by the responding party; (2) a concise statement of the facts; (3) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
A Pretrial Statement, (see Form 13) not to exceed three (3) pages in length, shall be filed by each party five days prior to the Pretrial Conference containing the following information:
- Pretrial statement
- Up to 3 pages per party
All pretrial statements shall not exceed three (3) pages in length.
- Pretrial statement
- Up to 3 pages
Comment: (1) It is expected that this memorandum will not exceed 3 pages, except in unusual cases.
- Page limit
- Up to 3 pages
It is expected that the memorandum will not exceed two pages, except in unusual cases.
- Page limit
- Up to 2 pages
Document Format Requirements42 rules
Be typewritten or printed;
Any renunciation executed outside the Register’s office must be executed in the presence of a Notary Public.
(c) The form required by C.C.R.C.P. 1901.5.A.(a) Complaint for Indirect Criminal Contempt shall be substantially in the following form: SEE FORMS INDEX (#4)
Formatting
- •Must be substantially in the form provided in Forms Index (#4)
(e) The form required by C.C.R.C.P. 1901.5.A.(e) Notice of Hearing to Plaintiff shall be substantially in the following form: SEE FORMS INDEX (#6)
Formatting
- •Must be substantially in the form provided in Forms Index (#6)
(b) The form required by C.C.R.C.P. 1901.5.A.(a) Probable Cause Affidavit shall be substantially in the following form: SEE FORMS INDEX (#3)
Formatting
- •Must be substantially in the form provided in Forms Index (#3)
(f) The format for requesting a continuance shall be substantially in the following form: SEE FORMS INDEX (#7)
Formatting
- •Must be substantially in the form provided in Forms Index (#7)
(d) The form required by C.C.R.C.P. 1901.5.A.(e) Notice of Hearing to Defendant shall be substantially in the following form: SEE FORMS INDEX (#5)
Formatting
- •Must be substantially in the form provided in Forms Index (#5)
(a) The form required by C.C.R.C.P. 1901.4.A. shall be substantially in the following form: SEE FORMS INDEX (#2)
Formatting
- •Must be substantially in the form provided in Forms Index (#2)
All Objections to the discovery order shall be in writing and filed within ten (10) business days of the recommendation.
The form Certificate of Trial Readiness as required by C.C.R.C.P. 1915.4.A.(III)(c) shall be substantially in the form found at Form 12.
Timely requests for a de novo hearing shall be filed in writing with the Office of the Prothonotary.
Formatting
- •Must be filed in writing with the Office of the Prothonotary
Any Praecipe to Transmit seeking an order approving grounds for divorce shall: (1) Include a proposed order for the Court’s signature; (2) be filed on green paper.
- Praecipe to transmit
Formatting
- •If seeking an order approving grounds for divorce, file on green paper
All petitions for special relief shall be in the form prescribed by C.C.R.C.P. 206.2 and 1930.1.A.(c).
Upon filing of the motion for the appointment of a Hearing Officer, in the form prescribed by Pa.R.Civ.P. 1920.74, the required cover sheet and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Hearing Officer’s Unit for the scheduling of a preliminary conference.
- Motion for appointment of hearing officer
Formatting
- •The motion must be in the form prescribed by Pa.R.Civ.P. 1920.74.
The motion and order shall be in the form prescribed by Pa.R.Civ.P. 1920.74(a) and (b).
All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary.
The certificate of trial readiness shall be substantially in the following form: SEE FORMS INDEX (#21)
All requests for continuance for any proceeding under these rules shall be in the form prescribed by C.C.R.C.P. 1920.30.1.A.
The form of Rule to Show Cause as required by Pa.R.Civ.P. 206.6, in Family Matters shall be substantially in the following form: SEE FORMS INDEX (#23)
Continuance requests for matters listed before the specified judicial officers must substantially follow the form in Forms Index #22.
Court's wording
The form of request for continuance of all matters listed before a Judge, Custody Conciliator, Support Hearing Officer or Hearing Officer in Divorce as required by C.C.R.C.P. 1920.72.A.(a) shall be substantially in the following form: SEE FORMS INDEX (#22)
12. Certificate of Trial Readiness (Custody) C.C.R.C.P. 1915.4.A.II. (c) [to be printed on blue paper] Req’d by C.C.R.C.P. 1915.4.II (c)
- Certificate of trial readiness
Formatting
- •Print on blue paper
20. Order (Divorce) C.C.R.C.P. 1920.73.A(a) (grounds for divorce) Req’d by C.C.R.C.P. 1920.42(d)(1) [to be printed on green paper]
- Divorce order
Formatting
- •Print on green paper
Form 5 See CCRCP 1905.A.(d): form req’d by CCRCP 1901.5.A.(e)
Formatting
- •Use Form 5, the form required by CCRCP 1901.5.A.(e).
In criminal cases, the standard continuance motion/order form must be used.
Such media shown to juries must be edited to delete inadmissible testimony and unnecessary questions or statements by counsel.
MUST BE SUBMITTED ON GREEN PAPER
All pleadings and other legal papers shall be typewritten (not less than 12 point type), double-spaced and securely fastened.
- Font size
- At least 12 points
- Line spacing
- Double
The Praecipe for Determination shall be in substantially the following form: See Form E on Page 68
- Praecipe for determination
Formatting
- •Use substantially the form of Form E on page 68
At least seven (7) days before the date of the arbitration hearing, all parties shall file with the Prothonotary, in triplicate, a memorandum in the form provided
Formatting
- •File the memorandum in triplicate
- •Use the form provided
These Rules shall be known as Chester County Orphans’ Court Rules and shall be referred to individually and cited as “Ches.Co.O.C.Rule _____.”
Formatting
- •Individual rules must be referred to and cited as “Ches.Co.O.C.Rule .”
All pleadings and papers filed with either the Register or the Clerk shall be legible. Should any such pleading or paper not be sufficiently legible for mechanical reproduction, the Register or the Clerk may refuse to receive such pleading or paper or may require that a legible copy thereof be submitted.
The request for a long day listing shall be in the following form: SEE FORMS INDEX (#8)
Formatting
- •Must be in the form shown in Forms Index (#8)
Document Filing Requirements362 rules
The original trust instrument and any amendments thereto, shall be filed with the Clerk when the Court is first required to exercise its jurisdiction over the inter vivos trust. The instrument shall be indexed and recorded by the Clerk.
An individual surety must provide an affidavit of the required facts with the bond, and the affidavit must be renewed annually while the bond remains in effect.
Court's wording
Individuals proposed as sureties on bonds of fiduciaries shall take an affidavit setting forth the facts as required thereby. Such affidavit shall be filed together with the bond when filed, and shall be renewed annually thereafter so long as the bond shall remain in effect.
An authorized surety company may act as surety only if its currently effective Insurance Department certificate is on file with the Clerk, and no bond may be executed before the certificate is filed.
Court's wording
Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this Court provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the Clerk. No bond shall be executed by any surety company until such a certificate is filed with the Clerk.
A corporation seeking to act as a fiduciary must file with the Clerk a copy of a current certificate evidencing its fiduciary powers, certified as true and correct by an executive officer.
Court's wording
Corporations having fiduciary powers and authorized to do business in Pennsylvania may act as fiduciaries in matters pending in this Court if a copy of a currently effective certificate issued by the Pennsylvania Banking Department, the Comptroller of Currency, or the Federal Reserve Board, as the case may be, evidencing its right to exercise fiduciary powers, certified to be true and correct by an executive officer of the corporation, is filed with the Clerk.
A schedule awarding real estate must identify separate awards and describe the property and acquisition of title with deed-level particularity, and include a Recorder-certified copy of the last recorded deed or deeds.
Court's wording
Schedules of distribution shall include separate awards of real estate to the parties entitled thereto, whether individually, or, where the circumstances require, in undivided interests. The real estate so awarded shall be identified by reference to the adjudication in the same detail and with the same particularity as is commonly required to be included in deeds and shall recite how the title was acquired by decedent. A copy of the last recorded deed(s), certified by the Recorder of Deeds, shall also be included.
Receipts and disbursements subsequent to the date the account was stated shall be set forth in the schedule of distribution.
The schedule shall be signed by all accountant(s) and certified by the attorney for the accountant(s) to be correct and in conformity with the adjudication. The schedule shall then be filed with the Clerk.
A certificate of award of real estate shall be prepared by the attorney for the accountant and submitted to the Clerk for execution upon confirmation of the schedule of distribution.
Be endorsed on the front upper left-hand corner with the name, address, zip code, telephone number, facsimile number, email address, and identification number of the individual attorney representing the party filing the pleading or of the party if proceeding pro se.
Every petition, motion, answer, reply or other pleading/filing shall: (i) Cite the Pennsylvania Orphans’ Court Rule, statue, case law or other legal authority supporting the relief sought;
(7) A preliminary decree shall be affixed to the Petition at the time of filing.
A petition for an allowance from a minor’s estate must include the specified guardianship, personal, financial, support, prior-allowance, and allowance-need information.
Court's wording
When a petition is necessary for an allowance from a minor’s estate, the petition shall set forth the: (1) Manner and date of the guardian’s appointment, as well as the guardian’s qualifications; (2) Age and residence of the minor, whether the minor’s parents are living, the name of the person with whom the minor resides, the age of minor’s spouse and children, if any; (3) Value of the minor’s estate, including real and personal property, and the minor’s gross and net annual income; (4) Circumstances of the minor, whether employed or attending school; if the minor’s parent(s), or other person charged with the duty of supporting the minor, is living, the financial condition and income of such person and why that person is not discharging his or her duty to support the minor; and whether there is adequate provision for the support and education of the minor, the minor’s spouse and children; (5) Date and amount of any previous allowance by the Court; and (6) Detailed financial requirements of the minor and the circumstances requiring the allowance.
A trustee’s petition for public sale of real property must set out the specified title, trust, interested-party, property, and sale information in separate paragraphs.
Court's wording
(2) A petition by a trustee to sell real property at public sale, under the Code, shall also set forth in separate paragraphs: (i) How title was acquired, stating the date and place of probate of the will or recording of the deed; (ii) A recital of the relevant provisions of the will or deed pertaining to the real property to be sold, and of the history of the trust; (iii) The names and relationships of all interested parties, a brief description of their respective interests, and whether any of them are deceased, minors, or incapacitated persons, and if so, the names and the record of the appointment of their fiduciaries; (iv) The improvements on the property, by whom it is occupied, its rental value and current tax assessment; (v) That the trustee is not otherwise authorized to sell by the Code, or is denied the power by the trust instrument, or that it is advisable that the sale have the effect of a judicial sale, stating the reason(s); and (vi) Sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the trust.
Written consent of the surety, if any, shall be attached to the petition, along with orders to satisfy awards from all other parties shall be submitted with the petition.
A personal representative’s petition for public sale of real property must set out the specified estate, authority, property, and interested-party information in separate paragraphs.
Court's wording
(1) A petition by a personal representative to sell real property at public sale, under the Code, shall also set forth in separate paragraphs: (i) The name, residence, and date of death of the decedent, whether the decedent died testate or intestate, and the date of the grant of letters; (ii) That the personal representative is not otherwise authorized to sell by the Code or is not authorized or is denied the power to do so by the will, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (iii) Whether an inventory and appraisement has been filed, the total value of the property shown therein, and the value at which the real property to be sold was included therein; (iv) If the personal representative entered bond with the Register, the name of the surety and the amount of such bond; (v) The names and relationships of all interested parties, a brief description of their respective interests, whether any of them are deceased, minors, or incapacitated persons, and if so, the names and the record of appointment of their fiduciaries; (vi) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current tax assessment; and (vii) Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
A guardian’s petition for public sale of real property must set out the specified ward, notice, title, property, and sale information in separate paragraphs.
Court's wording
(3) A petition by a guardian to sell real property at public sale, under the Code, shall also set forth in separate paragraphs: (i) The age of the ward; (ii) The names of the ward’s next of kin and the notice given them of the presentation of the petition. When there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with the Pennsylvania Orphans’ Court Rules and the Chester County Orphans’ Court Rules must be given and proofs thereof must be attached to the petition as an exhibit; (iii) How title was acquired, stating the date and place of probate of the will or recording of the deed; (iv) A recital of the provisions of the will or deed relating to the real property to be sold; (v) The nature and extent of the interest of the ward, and of other persons in the real property; (vi) The improvements on the property, by whom it is occupied, its rental value and current tax assessment; and (vii) Sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the ward.
A public-sale petition by a personal representative, trustee, or guardian must include the listed appointment instrument, interested-party consents and notice information, and mortgagee consent or an explanation for its absence.
Court's wording
The following exhibits shall be attached to a petition by a personal representative, trustee, or guardian to sell real property at public sale: (1) A copy of the will, deed, or decree by which the fiduciary was appointed; (2) Any consents or joinders of interested parties, and the names and a copy of the notice which has been given to those parties who do not consent to join; (3) Consent by any mortgagee whose lien would otherwise not be discharged by the sale, or, if not attached, the reason therefor; and
If there are no known next of kin who are sui juris to receive notice, public notice under the specified rules must be given and proof attached to the guardian’s petition.
Court's wording
When there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with the Pennsylvania Orphans’ Court Rules and the Chester County Orphans’ Court Rules must be given and proofs thereof must be attached to the petition as an exhibit;
(4) An affidavit as to value by one licensed real estate appraiser.
A return of public sale submitted for court approval or confirmation must include an affidavit stating the advertisement and purchaser details, and attach a complete copy of the written sale agreement.
Court's wording
(2) A return of public sale of real property for the purpose of an approval or confirmation by the Court shall include an affidavit, which shall set forth: (i) The advertisement made; (ii) The name and address of the purchaser and that said purchaser was the highest bidder; and (iii)As an attachment, a complete copy of the written agreement of sale.
When the specified personal representative or trustee must give bond for a public sale not ordered or authorized by the court, the petitioner must present a petition before sale proceeds are paid, stating the listed dates, bond and surety information, and estate and prior-sale values.
Court's wording
(1) In a public sale by a personal representative or trustee without benefit of an order of court directing or authorizing such sale, where the personal representative or trustee is required to give bond, he/she shall, before the proceeds of the sale are paid to the personal representative or trustee by the purchaser, present a petition to the Court setting forth: (i) The date of death of the decedent; (ii) The date of the petitioner’s appointment; (iii) The amount of the bond(s) filed by the petitioner(s) and the date of such filing and the name(s) of the petitioner’s surety; (iv) The total valuation of the personal estate as shown in the inventory and appraisement, if any, and the total proceeds of any real estate sold previously;
(viii) Petitioner(s) shall attach, at the time of filing, a preliminary decree to the petition.
The petition must describe the property, purchaser, and consideration and request an order fixing or excusing additional security; a petition seeking waiver must attach interested parties’ consent and include a justification statement averring that no creditors’ claims will be jeopardized and all taxes have been paid.
Court's wording
(v) A short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; (vi) A prayer for an order fixing the amount of additional security or for an order excusing the petitioner(s) from filing additional security, as the case may be; and (vii) In those cases in which waiver of additional security is sought, the consent of the interested parties shall be attached and a statement as will justify the waiver of the additional security shall be included, and said statement shall include but not be limited to, an averment that there are no creditors whose claims shall be jeopardized by the sale and that all taxes have been paid.
A private-sale real estate petition by a personal representative, trustee, or guardian must attach the appointment instrument, interested-party consents or joinders and specified notice information, mortgagee consent or an explanation for its absence, and the sale agreement.
Court's wording
The following exhibits shall be attached to a petition by a personal representative, trustee, or guardian to sell real estate at private sale: (1) A copy of the will, deed, or decree by which the fiduciary was appointed; (2) Any consents or joinders of interested parties, and the names and a copy of the notice which has been given to those parties who do not consent or join, such notice containing the date of the presentation of petition to the Court; (3) Consent by any mortgagee whose lien would otherwise not be discharged by the sale, or, if not attached, the reason therefor; and (4) A copy of the agreement of sale.
A petition to mortgage or lease real property must conform as closely as practicable to the applicable sale-petition requirements, state the proposed loan’s amount and terms, and provide facts sufficient for the Court to decide whether to approve it.
Court's wording
A petition to mortgage or lease real property by a personal representative, trustee or guardian, shall confirm as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale by the same fiduciary; shall set forth the amount and terms of the proposed mortgage loan; and shall set forth sufficient facts to enable the Court to determine whether the proposed mortgage or lease should be approved.
The petition must state the specified appointment, bond, estate, sale, and additional-security information; a request to waive additional security must include interested parties’ consent and a justification addressing creditors and taxes.
Court's wording
(ii) The date of the petitioner’s appointment; (iii) The amount of the bond(s) filed by the petitioner(s) and the date of such filing and the name(s) of the petitioner’s surety; (iv) The total valuation of the personal estate as shown in the inventory and appraisement, if any, and the total proceeds of any real estate sold previously; (v) A short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; (vi) A prayer for an order fixing the amount of additional security or for an order excusing the petitioner(s) from filing additional security, as the case may be; and (vii) In those cases in which waiver of additional security is sought, the consent of the interested parties shall be attached and a statement as will justify the waiver of the additional security shall be included, and said statement shall include, but not be limited to, an averment that there are no creditors whose claims shall be jeopardized by the sale and that all taxes have been paid.
Where applicable, a mortgage-or-lease petition must attach the listed appointment document, party consents and notices, mortgagee statement, and appraisal.
Court's wording
The following exhibits shall be attached to the petition where applicable: (i) A copy of the will, deed, or decree by which the fiduciary was appointed; (ii) Consents to the mortgage or lease signed by those interested parties who do not join in the petition, and the names and a copy of the notice which has been given to those parties who do not consent; (iii) A statement by the proposed mortgagee agreeing to grant the mortgage loan; and, (iv) An appraisal by a licensed real estate appraiser of the real property on which the proposed mortgage is to be secured.
(viii) Petitioner(s) shall attach, at the time of filing, a preliminary decree to the petition
When all parties agree on discovery, they must file a signed written stipulation for Court approval by stipulated order within a reasonable time before discovery begins, specifying the discovery’s nature and extent and a completion timetable.
Court's wording
In matters where all parties are in agreement as to discovery, a written stipulation shall be filed with the Court for its approval by stipulated order within a reasonable time prior to the proposed commencement of discovery. The stipulation must be signed by all parties or their counsel and must provide specific stipulations as to the nature and extent of the discovery as well as a timetable for completion of the discovery.
A small-estate settlement petition must include the specified decedent, probate, bond, beneficiary, property-receipt, status, and fiduciary information, and request distribution and, where appropriate, discharge of the personal representative.
Court's wording
Petitions for settlement of small estates under the Code, shall set forth: (a) The date of birth, the dates of the probate of the will and of the grant of letters, if any, and whether the personal representative has been required to give bond and in what amount; (b) The names and relationships of all beneficiaries entitled to any part of the estate under the will or intestate laws, a brief description of their respective interests, whether any of them has received or retained any property of the decedent by payment of wages or similar items under the Code, or otherwise, and whether any of them are minors, incapacitated persons, or deceased, with the names of their fiduciaries, if any; (c) A prayer for distribution of the personal property to those entitled and, in appropriate cases, for the discharge of the personal representative.
The small-estate petition must have the specified pre-filing disbursement list, inheritance-tax materials, and any notice attached.
Court's wording
There shall be attached to the petition the following exhibits: (a) An itemized list of disbursements made prior to the filing of the petition, indicating the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution or the family exemption; (i) A copy of the inheritance tax return and, if applicable, proof of payment; and (ii) A copy of any notice given.
An affidavit of service of the petition and the citation with notice shall be filed with the Clerk at least seven (7) days prior to the hearing date.
All future juvenile probation court reports shall provide, in the upper right hand comer of the first page, the filing date of the juvenile delinquency petition and the date when the five month period to hold the adjudication hearing ends. (The five month period shall be recalculated to eliminate any time a bench warrant remains unexecuted.)
- Document
- Juvenile probation court report
- Placement
- First page
Filing & Service rules
Electronic Filing Rules
The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of the Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web Portal at https://ujsportal.pacourts.us /PACFile.aspx.
The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of the Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web Portal at https://ujsportal.pacourts.us /PACFile.aspx.
Page 17 | Rule 576.1(B). PACFile
Electronically filed legal papers must be filed through the Prothonotary’s Electronic Filing System, and counsel and unrepresented parties must apply for login credentials to access it.
All legal papers that are filed electronically shall be filed through the Prothonotary’s Electronic Filing System (“Electronic Filing System”) which shall be accessible through the Chester County Prothonotary’s web site, www.efiling.chesco.org . To obtain access to the Electronic Filing System, counsel and any unrepresented party must apply to the Prothonotary’s Office for a User Name and Password.
Civil cases
Page 5 | Rule 205.4. Electronic Filing and Service of Legal Papers
A substitute exhibit not provided during the proceeding must be hand-delivered to the records office within the applicable deadline and may not be filed electronically or by mail.
Whenever the permissible substitute exhibit for an original exhibit identified in paragraph (A)(1), (B)(1), or (C)(1) was not provided to the records office during a court proceeding, the proponent shall hand-deliver the substitute exhibit to the records office within the timeframes set forth in paragraphs (A)(2), (B)(2), and (C)(2). In no event shall the substitute exhibit be filed with the records office electronically or by mail.
Page 8 | C.C.R.J.A. Rule 5103. Custody of Exhibits. Special Provisions. (D) Method of Filing
Motions for continuance/objections may be faxed/e-mailed. Faxes/emails shall be directed to the appropriate department for consideration.
Motions for continuance/objections may be faxed/e-mailed. Faxes/emails shall be directed to the appropriate department for consideration.
Page 30 | Rule 1930.1.A. Form of Pleadings. Form of Caption. Form of Continuance Request and Order. Form of Rule Returnable.
PACFile filing is voluntary, and parties who decline or are unable to use the system may file and receive service of legal papers in hard-copy format.
At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format (‘hard-copy’) and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Page 17 | Rule 576.1(B). PACFile
The rule excludes specified warrant applications, grand jury materials, authorized ex parte submissions, and sealed submissions from the definition of legal papers.
“Legal papers” are pleadings or other submissions to the court, including motions, answers, notices, or other documents, of which filing is required or permitted, including orders, exhibits and attachments, but excluding: (a) applications for search warrants; (b) applications for arrest warrants; (c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment; (d) submissions filed ex parte as authorized by law; and (e) submissions filed or authorized to be filed under seal.
Page 18 | Rule 576.1(C). Legal Papers
The Clerk of Courts must accept and retain hard-copy legal papers, convert them to PDF, and add them to the system unless they are excluded from electronic filing.
Any legal paper submitted for filing to the Clerk of Courts in a physical paper (or ‘hard- copy’) format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of court and record retention policies. The Clerk of Courts shall convert such hard-copy legal paper to .pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C) and this rule.
Page 18 | Rule 576.1(C). Legal Papers
Electronic filing of legal papers through PACFile is permitted in Chester County as of March 4, 2019.
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Chester County, the 15th Judicial District, as of March 4, 2019.
Page 17 | Rule 576.1(A). General Scope and Purpose of the Rule
Electronic filing and service are permitted under the rule, which applies to civil matters other than family court matters.
(a)(1) The Chester County Court of Common Pleas hereby permits the electronic filing of legal papers and the electronic service of such papers, under the terms described in this Local Rule. The actions and proceedings subject to this rule are all civil matters other than family court matters. All legal papers in all civil matters other than family court matters are subject to this rule.
Civil cases
Page 5 | Rule 205.4. Electronic Filing and Service of Legal Papers
Filing Timing and Cure Windows
The surety affidavit must be filed with the bond and renewed annually for as long as the bond remains in effect.
Such affidavit shall be filed together with the bond when filed, and shall be renewed annually thereafter so long as the bond shall remain in effect.
Page 2 | Rule L1.10. Sureties
Objections to an unconfirmed schedule of distribution must be filed with the Clerk within 20 days after the schedule is filed.
Objections to an unconfirmed schedule of distribution shall be filed with the Clerk and must be filed not later than the twentieth (20th) day after the schedule was filed.
Page 3 | Rule L2.9.(c) Schedule of Distribution
Accounts for an audit list must be filed at least 30 days before the session when the list will be called.
Accounts to appear on a particular audit list must be filed not later than thirty (30) days preceding the session of Court when the audit list will be called.
Page 3 | Rule L2.5.(i) Call of the Audit List
A request for partition or allotment of real estate must be made before or at the audit.
When partition or allotment of real estate is requested by the accountant or an interested party, the request shall be made prior to or at the audit.
Page 4 | Rule L2.9.(d) Distribution of Real Estate
In the specified public sale, the petition to fix or waive additional security must be presented before the purchaser pays the sale proceeds to the personal representative or trustee.
(1) In a public sale by a personal representative or trustee without benefit of an order of court directing or authorizing such sale, where the personal representative or trustee is required to give bond, he/she shall, before the proceeds of the sale are paid to the personal representative or trustee by the purchaser, present a petition to the Court setting forth:
Page 9 | Rule L5.10.(h) Petition to Fix or Waive Additional Security, Personal Representative, Trustee
An interested party may file objections to the report within 20 days after it is filed.
Any interested party shall have the right to file an objection(s) to such report within a period of twenty (20) days of the filing of the report.
Page 13 | Rule L9.6. Report Notice and Objections
The affidavit of service must be filed at least 7 days before the hearing date.
An affidavit of service of the petition and the citation with notice shall be filed with the Clerk at least seven (7) days prior to the hearing date.
Page 14 | Rule L14.2.(g) Proof of Service of Petition and Citation with Notice.
A person possessing an original testamentary writing of an incapacitated person must file it with the Clerk no later than the deadline for filing the guardian’s inventory.
A person who possesses an original testamentary writing of an incapacitated person shall file it with the Clerk no later than by the time the guardian’s inventory is required to be filed.
Page 14 | Rule L14.17. Testamentary Writings
The verification must be filed within 30 days after service of the complaint or petition, or earlier if the custody conciliation conference occurs first.
You must file with the Court verification as required by Pa.R.Civ.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.
Civil cases
Page 2 | Verification of Criminal Record or Abuse History
Requests for separate listings must be filed at least five business days before the scheduled hearing before the Support Hearing Officer.
Requests for separate listings shall be filed no later than five (5) business days prior to the scheduled hearing before the Support Hearing Officer.
Page 7 | Separate Listings
Objections to requests for separate listings must be filed within ten business days after the request is filed.
Objections to requests for separate listings shall be filed within ten (10) business days of the filing of the request for separate listing.
Page 7 | Separate Listings
Objections to a discovery order must be filed within ten business days of the recommendation.
All Objections to the discovery order shall be in writing and filed within ten (10) business days of the recommendation.
Page 8 | Separate Listings—Discovery
Each party must submit a Pre-Trial Statement to the Court and opposing counsel at least five days before the hearing, limited to three pages and containing the specified claims or defenses, facts, issues, and applicable citations.
Each party shall submit to the Court and opposing counsel at least five (5) days before the scheduled hearing date a Pre-Trial Statement not exceeding three (3) pages setting forth: (1) a brief statement of the claim(s) being made by the moving party or the defense(s) being made by the responding party; (2) a concise statement of the facts; (3) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;
Page 8 | Hearing
An interpreter request must be made at least 24 hours before the proceeding.
(1)Requests for interpreters in accordance with C.C.R.C.P. 233.3 shall be made no less than twenty-four (24) hours in advance of the proceeding when an interpreter will be needed.
Page 9 | Interpreters
The responding party must file its brief at least 14 days before oral argument.
(ii) No less than fourteen (14) days before the date set for oral argument, the responding party shall file a Brief and Certification of Service in the manner prescribed above.
Page 9 | Exceptions—Briefs
An excepting party must file its brief with the Domestic Relations Office at least 30 days before oral argument.
(i) No less than thirty (30) days before the date set for oral argument, the excepting party or parties shall file a brief with the Domestic Relations Office, shall serve copies of the Brief upon all counsel, unrepresented parties and the Judge assigned to hear the exceptions, and shall file a Certification that service has been made.
Page 9 | Exceptions—Briefs
A party subject to the per curiam order must produce the required documents and information to the Domestic Relations Office and the other party within 10 days after the conference concludes.
(b) If either party has failed to comply with the initial Order of Court requiring the production of certain documents and information at the Domestic Relations Office Conference, a per curiam order shall issue requiring that party to produce a copy of said documents and information to both the Domestic Relations Office and to counsel for the other party (or to an unrepresented party) within ten (10) days of the conclusion of the Domestic Relations Office Conference.
Page 10 | Rule 1910.13-1.A
Agreed orders must be sent promptly to the Court for signature.
(1) All agreed orders shall promptly be sent to the Court for signature.
Page 13 | Custody orders
Each party must file the Pretrial Statement five days before the Pretrial Conference.
A Pretrial Statement, (see Form 13) not to exceed three (3) pages in length, shall be filed by each party five days prior to the Pretrial Conference containing the following information:
Page 13 | II. Pretrial Status Conference and Trial
The recommended order must be entered if no stay is filed within five days.
If no stay is filed within five (5) days, the order shall be entered.
Page 14 | Rule 1915.5.B. Custody Conciliator. Conference.
If no Demand for Trial is filed within 90 days of the conciliation conference, the recommended order becomes a final court order.
If no demand for trial is filed within ninety (90) days of the conciliation conference, the recommended order shall become a final order of court.
Page 14 | Rule 1915.5.B. Custody Conciliator. Conference.
An agreed or recommended order must issue within 48 hours after the conciliation conference concludes.
An order, agreed upon by the parties or recommended by the custody conciliator shall issue within forty-eight (48) hours of the conclusion of the conciliation conference.
Page 14 | Rule 1915.5.B. Custody Conciliator. Conference.
An objecting party to a recommendation changing primary custody must file a request to stay entry of the recommended order within five days of the recommendation date.
The conciliator shall advise the objecting party to an Order recommending a change in primary custody that a request for stay of the entry of the recommended order shall be filed within five (5) days of the recommendation date.
Page 14 | Rule 1915.5.B. Custody Conciliator. Conference.
If a stay request is timely filed, a hearing must be scheduled within 30 days to determine whether the recommended order will be temporary pending trial.
If a request for stay is timely filed, a hearing shall be scheduled within thirty (30) days to determine if the recommended order shall be made a temporary pending trial.
Page 14 | Rule 1915.5.B. Custody Conciliator. Conference.
Custody conciliator conferences must be scheduled no sooner than ten days after an action is filed, except that emergency matters may be scheduled earlier on a standby basis.
All custody matters shall be scheduled for conference before the custody conciliator no sooner that ten (10) days after filing of an action. Emergency matters may be scheduled for an earlier conference on a standby basis.
Page 14 | Rule 1915.5.B. Custody Conciliator. Conference.
The certificate of trial readiness and pre-trial statement must be filed within 30 days after the demand for trial is filed.
A certificate of trial readiness and pre-trial statement shall be filed within thirty (30) days of the filing of the demand for trial.
Page 15 | Rule 1915.5.B.
Service and Proof of Service Rules
Notice that a schedule of distribution has been filed must be given in accordance with the Pennsylvania Orphans’ Court Rules.
Notice of filing the schedule of distribution is to be given in accordance with the Pennsylvania Orphans’ Court Rules.
Page 3 | Rule L2.9.(c) Schedule of Distribution
When an Act of Assembly requires notice to be published in a legal periodical, the notice must be published in the Chester County Law Reporter.
The Chester County Law Reporter shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania
Page 4 | Rule L4.2.(e) Citation or Notice by Publication
A certificate of service must identify each document served, the service date, and the method of service.
(1) A certificate of service shall be filed setting forth each document served, the date of service, and the manner of service (personal, registered or certified mail, or publication).
Page 5 | Rule L4.2.(f) Proof of Service of Citation or Notice
For personal service, the certificate must state the time and place of service and that a true and correct copy of the written notice was handed to the person served.
(i) If service is made by personal service, the certificate of service shall also set forth the time of service, place of service, and that a true and correct copy of the written notice was handed to the person served.
Page 5 | Rule L4.2.(f) Proof of Service of Citation or Notice
A person giving notice by registered or certified mail must state on the certificate if they know or have cause to believe the notice was not received.
When the person who gives notice by registered or certified mail has personal knowledge, or has cause to believe, that such notice was not received by the person to be notified, the person giving notice shall so state on the certificate of service.
Page 5 | Rule L4.2.(f) Proof of Service of Citation or Notice
For service by registered or certified mail, the certificate must state the mailing date and place and include the return receipt or a photostatic copy.
(ii) If service is made by registered or certified mail, the certificate of service shall state the date and place of mailing and include as an attachment the return receipt or a photostatic copy thereof.
Page 5 | Rule L4.2.(f) Proof of Service of Citation or Notice
When publication of a notice in a legal periodical is required, the notice must be published in the Chester County Law Reporter.
The Chester County Law Reporter shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania Rules of Civil Procedure, the Chester County Orphans’ Court Rules, order of Court, or otherwise.
Page 5 | Rule L4.3.(g) Publication of Legal Papers other than Citations or Notices
A certificate of service must identify each document served, the service date, and the method of service.
(1) A certificate of service shall be filed setting forth each document served, the date of service, and the manner of service (personal, registered or certified mail, or publication).
Page 5 | Rule L4.3.(h) Proof of Service of Legal Paper other than Citation or Notice
The Clerk must immediately notify each party’s attorney of record, or an unrepresented party, of an order, decree, or adjudication, provide a copy unless a bond is required and not yet posted, and record the delivery method in the docket.
In any Orphans’ Court proceeding, the Clerk shall immediately give written notice by ordinary mail, personal delivery, facsimile, or other electronic means of the entry of any order, decree, or adjudication to each party’s attorney of record, or if unrepresented, to each party. Notice shall include a copy of the order, decree, or adjudication unless a bond is required, then no copy is provided until bond is posted. The Clerk shall note in the docket the mailing or type of delivery of the required notice and documents.
Page 6 | Rule L4.5.(c) Notices of Order, Decree, or Adjudication
Auditors and hearing officers must give interested parties or their attorneys at least 20 days’ notice of a hearing in the manner prescribed by the Pennsylvania Orphans’ Court Rules.
Auditors and hearing officers shall give at least twenty (20) days’ notice of hearings held by them to all interested parties or to their attorneys of record in the manner provided in the Pennsylvania Orphans’ Court Rules.
Page 13 | Rule L9.1. Notice of Hearings
An auditor or hearing officer must notify all parties of record that the report was filed by sending them a copy.
An auditor or hearing officer shall give notice of the filing of the report by sending a copy of the report to all parties of record.
Page 13 | Rule L9.6. Report Notice and Objections
Notice of a guardian account filing must follow the Pennsylvania Orphans’ Court Rules and applicable local rules and must always be given to individuals entitled to notice under the Code.
Notice of the filing of the account shall be given as required by the Pennsylvania Orphans’ Court Rules and any applicable local rule described herein. In all cases, notice shall be given to individuals entitled to notice under the Code.
Page 14 | Rule L14.16. Guardian Accounts
Notice for the listed proceeding must be provided at least 20 days before the hearing.
Notice shall be provided at least twenty (20) days prior to the date of the hearing for the listed proceeding.
Page 15 | Rule L15.4.(c) Additional Time for Notice
Before the court authorizes service by publication to terminate parental rights, petitioners must demonstrate diligent efforts to identify or serve the person, and a single unsuccessful sheriff’s attempt at the presumed address is insufficient.
Given the concerns of the court prior to terminating parental rights, petitioner(s) must demonstrate diligent efforts in identifying and/or serving the person whose parental rights are sought to be terminated prior to the court authorizing service by publication (e.g., mere failure of a sheriff to serve an individual at the presumed address is insufficient).
Page 15 | Rule L15.4.(b)(4) Comment
After arraignment, the District Justice's office must deliver the original papers to the Clerk of Court.
Following arraignment, the office of the District Justice shall deliver the original of all papers to the Clerk of Court of Chester County.
Page 2 | Rule 1901.5.A. Enforcement. Bail. Arraignment. Notice. Prosecution.
A copy of the complaint and hearing notice in the prescribed form must be given or mailed by regular and certified mail to the plaintiff at the complaint address.
A copy of the complaint and notice of hearing in the form prescribed by C.C.R.C.P 1905.A.(e) shall be given or mailed by regular and certified mail to the plaintiff at the address shown on the complaint,
Page 2 | Rule 1901.5.A. Enforcement. Bail. Arraignment. Notice. Prosecution.
A copy of the complaint and hearing notice must be sent by regular mail to the arresting officer and the Chester County District Attorney.
and by regular mail to the arresting officer and the District Attorney of Chester County.
Page 2 | Rule 1901.5.A. Enforcement. Bail. Arraignment. Notice. Prosecution.
At the end of arraignment, the defendant or present counsel of record must be given written hearing notice in the prescribed form.
At the conclusion of the arraignment, the defendant or counsel of record for the defendant, if present, shall be given a written notice of the hearing in the form prescribed by C.C.R.C.P 1905.A.(d).
Page 2 | Rule 1901.5.A. Enforcement. Bail. Arraignment. Notice. Prosecution.
The District Justice's office must deliver copies of all papers to Family Court, the District Attorney, and the Public Defender.
The office of the District Justice shall deliver copies of all papers to the Family Court, the District Attorney of Chester County, and the Public Defender of Chester County.
Page 2 | Rule 1901.5.A. Enforcement. Bail. Arraignment. Notice. Prosecution.
Copies of an expungement petition and final expungement order must be served on each listed recipient.
(1) Copies of the petition requesting expungement and any final order granting expungement shall be served upon the original Petitioner in the Protection from Abuse proceeding, the Chester County Family Court Administrator, the Sheriff of Chester County and any deputized Sheriff's department, the District Attorney of Chester County, and any state and/or local police department initially served.
Page 3 | Rule 1901.7.A. Decision. No Post-Trial Relief. Expungement. Return of Relinquished Firearms, other Weapons and Ammunition.
A copy of each objection must be served on the Family Court Administrator.
A copy shall be served upon the Family Court Administrator who shall schedule the case for argument before the Court and promptly notify all counsel and unrepresented parties in the case.
Page 8 | Separate Listings—Discovery
A time-stamped copy of the completed Certification of Trial Readiness must be served on the assigned Hearing Officer, and proof of service must be filed with the Domestic Relations Office.
A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Hearing Officer and proof thereof, shall be filed with Domestic Relations Office.
Page 8 | Separate Listings—Certification of Trial Readiness
The responding party must serve its brief in the manner prescribed for the excepting party’s brief, at least 14 days before oral argument.
(ii) No less than fourteen (14) days before the date set for oral argument, the responding party shall file a Brief and Certification of Service in the manner prescribed above.
Page 9 | Exceptions—Briefs
The excepting party must serve the brief on all counsel, unrepresented parties, and the assigned judge at least 30 days before oral argument.
(i) No less than thirty (30) days before the date set for oral argument, the excepting party or parties shall file a brief with the Domestic Relations Office, shall serve copies of the Brief upon all counsel, unrepresented parties and the Judge assigned to hear the exceptions, and shall file a Certification that service has been made.
Page 9 | Exceptions—Briefs
A time-stamped copy of any filed exceptions must be served on the assigned Hearing Officer.
(3) A time-stamped copy of any exceptions filed shall be served upon the assigned Hearing Officer.
Page 9 | Exceptions
The registering party must serve notice of registration on the responding party within five days and file a certificate of service.
(iii) The registering party shall within five (5) days serve the responding party with notice of registration and file a certificate of service, thereto.
Page 11
Filing Fees and Waivers
Rule 1910.4.A. Domestic Relations Section. Commencement of Action. No Filing Fees. Authorized Fees. Entry of Appearance.
Rule 1910.4.A. Domestic Relations Section. Commencement of Action. No Filing Fees. Authorized Fees. Entry of Appearance.
Page 5 | Rule 1910.4.A. Domestic Relations Section. Commencement of Action. No Filing Fees. Authorized Fees. Entry of Appearance.
A contempt petition is accepted for filing by the Prothonotary upon payment of the appropriate fee.
(a) All petitions for Contempt shall be accepted for filing by the Office of the Prothonotary upon payment of the appropriate fee.
Page 18 | Rule 1915.12.A. Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.
Petitions for Modification are accepted for filing upon payment of the appropriate fee.
(b) All Petitions for Modification shall be accepted for filing by the Office of the Prothonotary upon the payment of the appropriate fee.
Page 19
If no Hearing Officer has been appointed, the moving party must pay the appropriate fee for the motion seeking appointment.
(3) In those cases where a Hearing Officer has not been appointed, the moving party shall motion for the appointment of an equitable distribution Hearing Officer and pay the appropriate fee.
Page 20 | Rule 1920.16.A. Severance of Actions and Claims. Bifurcation. Interim Distribution.
In the stated circumstances, the plaintiff must deposit $400 with the Prothonotary for the appointed attorney’s fees, unless the amount is changed.
If the defendant has not appeared and the plaintiff avers in the affidavit regarding military service that the defendant is in the military service or that the plaintiff cannot determine whether or not the defendant is in the military service, then the plaintiff shall file with the affidavit a motion and order for the appointment of an attorney to represent the defendant and shall deposit with the Prothonotary four hundred dollars ($400.00), unless changed to a different amount, to cover the attorney’s fees.
Page 23 | Rule 1920.46.A. Affidavit of Non- Military Service
The moving party must pay the applicable fee to the Prothonotary when filing the appointment motion; no Hearing Officer will be appointed without payment.
When a party files a motion for the appointment of a Hearing Officer, the moving party shall pay the Prothonotary the applicable fee pursuant to this Rule. No Hearing Officer shall be appointed without such payment.
Page 24 | Rule 1920.51.A. Hearing by the Court. Appointment of Hearing Officer. Presumed Consent Notice of Hearing. Applicable Hearing Officers’ Fees
In addition to posting the required fee, the moving party must pay a filing fee to the Prothonotary.
In addition to posting the requisite fee, the moving party shall pay a filing fee with the Prothonotary.
Page 24 | Rule 1920.51.A. Hearing by the Court. Appointment of Hearing Officer. Presumed Consent Notice of Hearing. Applicable Hearing Officers’ Fees
The fee for appointing a Hearing Officer to hear only marital dissolution issues is $141.50, subject to change.
(1) The fee for the appointment of a Hearing Officer to hear only marital dissolutions issues shall be one hundred forty-one dollars and fifty cents ($141.50), unless changed to a different amount.
Page 25
A party moving to appoint a Hearing Officer for equitable distribution must deposit $511.50, whether or not other claims will be heard, subject to change.
(3) Whenever a party moves for the appointment of a Hearing Officer to hear equitable distribution of marital property, whether or not there are other claims to be heard by the Hearing Officer, the moving party shall deposit five hundred eleven dollars and fifty cents ($511.50), unless changed to a different amount, for the Hearing Officer’s fee.
Page 25
The fee for appointing a Hearing Officer to hear interim counsel-fee or litigation-expense issues is $111.50, subject to change.
(2) The fee for the appointment of a Hearing Officer to hear interim issues of counsel fees/and or litigation expenses shall be one hundred eleven dollars and fifty cents ($111.50), unless changed to a different amount.
Page 25
Unless payment terms are agreed before the ARD hearing, the Court must specify the payment method, amounts, and times in its Order; fees must be paid before the hearing unless good cause is shown.
Unless the terms of payment are agreed upon prior to the ARD hearing, the Court shall include in its Order the method, amounts and times for payment. In the absence of good cause shown, all fees shall be paid in advance of the ARD hearing.
Page 9 | Rule 316(A).2. Terms of Payment
A person accepted into the ARD program must pay the fee established by Court Order as a condition of admission.
In addition to such other conditions as may be imposed, a condition of admission into the ARD program shall be that a person accepted into the program shall pay a fee as established by Court Order.
Page 9 | Rule 316(A).1. Administration Fee
Applicable filing fees must be paid using the Clerk of Courts’ procedures, at the time and in the amount required by the applicable authority or fee schedule.
Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.
Page 18 | Rule 576.1(D). Filing Fees
An additional filing fee may be required for the duplicate custody complaint.
An additional filing fee may be required for this duplicate complaint.
Page 22 | Rule 1920.32.A. Joinder of Related Claims. Custody. Hearing by Court. Joinder of Custody Claim.
Fees are subject to change consistent with the Prothonotary’s published fee schedule.
Comment: All fees herein are subject to change consistent with the Prothonotary’s published fee schedule which may be found at www.chesco.org.
Page 25
All listed fees include the current $10.85 Prothonotary filing fee, which may change.
Note: All fees include the current Prothonotary filing fee of ten dollars and eighty-five cents ($10.85), which may be changed to a different amount.
Page 25
The fees listed above are non-refundable.
(g) The above fees are non-refundable.
Page 25
Mediators are compensated $100 per party for the two-hour orientation session, or another amount established by Administrative Order.
Mediators shall be compensated for their two (2) hour orientation session at the rate of $100.00 per party or such other amount established by Administrative Order.
Page 34 | Rule 1940.7.A. Mediator Compensation.
Filing fees may be paid by Discover, MasterCard, or Visa, but advance deposits for future filing fees are not accepted.
The Prothonotary will accept for payment of all filing fees the following credit and debit cards: Discover, MasterCard and Visa. The Prothonotary will not accept advance deposit on account of future filing fees.
Civil cases
Page 5 | Rule 205.4. Electronic Filing and Service of Legal Papers
Fees and costs for filings made through the Electronic Filing System must be paid by credit card; for papers presented at the Prothonotary’s office for electronic filing, payment may also be by check or cash.
The Prothonotary’s fees and costs shall be paid by credit card when legal papers are filed using the Electronic Filing System. Payment of all costs and fees for the filing of a legal paper presented by a filing party at the office of the Prothonotary for electronic filing shall be paid by credit card as set forth above or by check or cash.
Civil cases
Page 5 | Rule 205.4. Electronic Filing and Service of Legal Papers
Courtesy Copy Requirements
A copy of each civil continuance motion or petition and its answer must be sent to the assigned judge’s chambers by mail, fax, or personal delivery.
A copy of any civil court continuance motion/petition and answer thereto shall be mailed, faxed or personally delivered to the assigned judge’s chambers.
Page 3 | I. Pre-Trial Matters
Parties must not send courtesy copies of pleadings or filings to the Court unless the Court specifically requests them.
Parties shall not send courtesy copies of pleadings/filings to the Court without the specific request of the Court for same.
Page 4 | Rule L3.6.(a) Pleadings Generally
Sealing & Redaction Procedures
The Clerk must keep a received testamentary writing impounded until further court order.
The testamentary writing received by the Clerk shall be impounded until further order of Court.
Page 14 | Rule L14.17. Testamentary Writings
Counsel and unrepresented parties must not include confidential information in legal papers filed with the Clerk of Courts or the Court.
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in a paper format.
Page 19
After an appeal is filed, sealed exhibits may be transmitted only when directed by the court, a party, or the appellate court prothonotary, and must remain sealed during transmission.
After an appeal has been filed, the subject records office having custody of exhibits after court proceedings shall transmit exhibits to an appellate court as provided in Pa.R.A.P. 1931(c); provided, however, that no exhibit sealed in the court of common pleas shall be transmitted unless the court, a party or the prothonotary of the appellate court directs the records office to do so. Any such exhibit sealed in the court of common pleas shall remain under seal when transmitted to the appellate court.
Page 9 | C.C.R.J.A. Rule 5105(C). Transmission of Exhibits for Purposes of Appeal
Filing Bundling Requirements
Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order.
Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order.
Civil cases
Page 8 | Rule 208.3(a). Motions—Titles and Attachments
Pre-Motion Conference Requirements
Pre-trial motions are scheduled by the Court Administrator for hearing on the Miscellaneous List unless the court defers them to a hearing immediately before trial.
All pre-trial motions shall be scheduled by the Court Administrator for hearing on the Miscellaneous List, unless deferred by the court for hearing immediately prior to trial.
Page 19 | Rule 580. Pre-Trial Motion
Counsel must confer and discuss discovery matters and make a good-faith effort to resolve their differences.
All counsel have an affirmative obligation to confer and discuss discovery matters and make a good faith effort to resolve such differences as may exist.
Civil cases
Page 7 | Rule 208.2(e). Discovery Motion and Petition Certification
Attorneys and unrepresented parties must make a good-faith effort to consider mediation before litigating a non-emergency matter.
All attorneys representing parties in Orphans’ Court, and all unrepresented parties, are required hereby to make a good faith effort to consider utilizing the Mediation Program, or mediation through another program/person, before litigating any non-emergency matter in Court.
Page 1 | Rule L1.6. Mediation by Agreement or Court Order
When both parties file exceptions, each is subject to the briefing schedule applicable to an excepting party.
(iii) In the event both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.
Page 9 | Exceptions—Briefs
If both parties file exceptions, each is treated as an excepting party for the briefing schedule.
In the event that both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.
Page 28 | Briefs
A party that fails to file a brief on time will not be heard at oral argument unless the court permits it.
If either party fails to file a brief within the time prescribed by these rules, or within the time as extended, he the non-filing party will not be heard at oral argument except by permission of the court.
Page 28 | Argument
For certification noncompliance, the court may strike, dismiss, or deny a discovery motion or petition; it may also grant relief based solely on an opposing counsel's unreasonable refusal to confer despite the moving party's reasonable, good-faith efforts.
The court at its discretion may strike, dismiss or deny the petition or motion for failure of the moving party to comply with the certification requirements of this rule, or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of the moving party to comply with the certification requirements of this rule or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of moving counsel to arrange such conference.
Civil cases
Page 7 | Rule 208.2(e). Discovery Motion and Petition Certification
For anticipated complex or lengthy litigation, the Court may order the parties to use the Mediation Program.
For anticipated complex or lengthy litigation, the Court may order the parties to use the Mediation Program.
Page 1 | Rule L1.6. Mediation by Agreement or Court Order
If an objection is filed, either party may request that it be listed for argument.
If an objection is filed, either party may request that the objection(s) be listed for argument.
Page 13 | Rule L9.6. Report Notice and Objections
Before proceedings begin, counsel should make one final effort to discuss an agreed disposition with opposing counsel.
Prior to the initiation of the proceedings, counsel should make one last effort to discuss an agreed disposition with the opposing counsel.
Page 4 | II. Court Proceedings
If an expedited hearing is requested, the assigned judge may order an accelerated listing.
Where an expedited hearing is requested, the assigned judge may order an accelerated listing.
Page 19 | Rule 578.1. Motions Challenging Preliminary Hearing (Habeas Corpus).
Adjournment & Extension Requirements
A continuance request or settlement for a matter on the long-day list must be submitted in writing at least 72 hours before the scheduled date; otherwise, all parties must appear at the hearing.
Any request for continuance or settlements of matters properly scheduled on the long-day list shall be in writing and submitted no less than seventy-two (72) hours prior to the scheduled date. Failure to do so within the appropriate time frame will necessitate an appearance of all parties at the hearing.
Page 5 | Rule 1910.10.A. Alternative Hearing Procedures
If timely Preliminary Objections raise jurisdiction or venue, conciliation must be continued until the court decides the issue.
If a question of jurisdiction or venue is raised by timely Preliminary Objections, the conciliation shall be continued until decision by the court.
Page 14 | Rule 1915.5.A. Questions of Jurisdiction. No Responsive Pleading by Defendant Required. Counterclaim. Venue. Discovery.
Continuance requests for proceedings under these rules must use the form prescribed by C.C.R.C.P. 1920.30.1.A.
All requests for continuance for any proceeding under these rules shall be in the form prescribed by C.C.R.C.P. 1920.30.1.A.
Page 29 | Rule 1920.72.A. Form of Complaint. Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-affidavits. Form of Continuance.
Continuance requests for matters listed before the specified judicial officers must substantially follow the form in Forms Index #22.
The form of request for continuance of all matters listed before a Judge, Custody Conciliator, Support Hearing Officer or Hearing Officer in Divorce as required by C.C.R.C.P. 1920.72.A.(a) shall be substantially in the following form: SEE FORMS INDEX (#22)
Page 30 | Rule 1930.1.A. Form of Pleadings. Form of Caption. Form of Continuance Request and Order. Form of Rule Returnable.
A Protection from Abuse continuance request must state the scheduled hearing date and reason for the request, and indicate that the opposing party or counsel was notified and whether they agree or disagree.
it is hereby requested that the hearing scheduled for _______________________________, 20_____, concerning Protection from Abuse be continued for the following reason(s): ___________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________________ The opposing party/counsel __________________________ (name) has been notified and AGREES/DISAGREES (circle).
Page 45 | Rule 1905.A.(f)
A continuance will not be granted unless good cause is shown.
NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN.
Page 48 | Form 9; Certification of Trial Readiness - Support
A continuance will not be granted unless good cause is shown.
NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN.
Page 70 | Certification of Trial Readiness - Divorce
A motion for continuance should state the matter and its scheduled date and give the reasons for the request.
I, _________________________________, Attorney for Plaintiff/Defendant move for continuance of ________________________________ scheduled for ____________________ in Courtroom No. _____ for the following reasons: ____________________________________________
Page 72 | Form 22 — Motion for Continuance
The motion form requires stating that the opposing party was notified and whether that party agrees or disagrees.
The opposing party has been notified and AGREES/DISAGREES.
Page 72 | Form 22 — Motion for Continuance
A continuance request states the reason and identifies whether the opposing party or counsel was notified and agrees or disagrees.
AND NOW, this _______ day of _______________, 20___, upon motion of _____________________________________, it is hereby requested that the hearing scheduled for _______________________________, 20_____, concerning Protection from Abuse be continued for the following reason(s): ___________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ The opposing party/counsel __________________________ (name) has been notified and AGREES/DISAGREES (circle).
Civil cases
Page 1 | MOTION FOR CONTINUANCE
Non-detained juvenile adjudication hearings must be held within five months, excluding time the juvenile is sought on a bench warrant; an extension requires a conference to explain the delay, and the reason must constitute good cause.
All juvenile adjudication hearings scheduled for non-detained juveniles shall be held within five (5) months from the filing of a delinquency petition initiated pursuant to Pa.R.J.C.P. 330, unless the supervising judge of the Chester County juvenile court grants an extension. This five month period shall not include time during which the juvenile is sought to be arrested pursuant to a bench warrant. If an extension of this five month period is sought, the attorneys for the subject juvenile and the Commonwealth shall schedule a conference with the supervising juvenile judge and the assigned probation officer to explain the reason(s) for the anticipated delay. Any such reason(s) must constitute good cause for an
Criminal cases
Page 2 | Rule L.404.B. Prompt Adjudication Hearing for Non-Detained Juveniles.
A continuance request must state its specific reason forthrightly, and counsel must not assume that the request will be granted.
Counsel shall be forthright with the court in stating the specific reason for the continuance and shall not assume that it will be granted.
Page 2 | I. Pre-Trial Matters — D. Continuances
Continuance requests generally must be submitted by written motion or petition and are granted only for a compelling reason; certain civil judges may accept a letter that is copied to opposing counsel and states whether counsel opposes the request.
Except for certain civil judges who may accept continuance requests by letter (with a copy to opposing counsel and an indication about whether such counsel opposes the request) 2, all such requests shall be submitted to the court by written motion or petition and will only be granted for a compelling reason.
Page 2 | I. Pre-Trial Matters — D. Continuances
Criminal trial continuances are generally granted only if counsel appears in person at the judge’s call of the list.
Criminal trial continuances are generally granted only when counsel appears in person at the judge’s call of the list.
Page 3 | I. Pre-Trial Matters
Continuance requests must state whether opposing counsel was notified and whether opposing counsel consents.
Criminal, civil, orphans’ and family court continuance requests shall state specifically whether opposing counsel has been notified of the request and whether opposing counsel consents to the request.
Page 3 | I. Pre-Trial Matters
A continuance may be granted only upon a showing of good cause.
NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN.
Page 1 | CERTIFICATION OF TRIAL READINESS - DIVORCE
A continuance request should identify the hearing or conference, its scheduled date and time, the hearing officer, and the reason for the request.
I, _____________________, Esquire, attorney for Plaintiff/Defendant (or pro se Plaintiff or Defendant), move for a continuance of the ________________________________ (specify type of hearing or conference) scheduled for ________________, 20_____, at _________ a.m./p.m. before Hearing Officer _________________ for the following reason(s):
Page 1 | MOTION FOR CONTINUANCE
A continuance motion must state whether the opposing party or counsel agrees or disagrees with the requested relief.
The opposing party/counsel AGREES/DISAGREES (circle one) to the relief sought in the motion
Page 1 | MOTION FOR CONTINUANCE
The hearing must be scheduled with at least 20 days’ notice to the named agencies, but that period may be extended for good cause on an agency’s application.
Hearing on said petition shall be scheduled by the Court Administrator on not less than twenty (20) days’ notice to the District Attorney, the bail agency, and the County Solicitor, which period may be extended for good cause shown on application by any of the three agencies.
Page 14 | Rule 531(A).4. Petition for Placement of Bail Bondsman on Approved List.
Counsel who knows they will be engaged in a qualifying court commitment must promptly notify opposing counsel and the court administrator.
When it is known that counsel will be so engaged, he or she shall forthwith notify opposing counsel and the court administrator.
Civil cases
Page 9 | Rule 216.1. Prior Commitments of Counsel
A continuance will not be granted because associate counsel is absent or counsel has a prior commitment, except for the stated court engagements and cases in which counsel is on trial or properly attached to a court of record.
No continuance will be granted by reason of the absence of associate counsel or by reason of prior commitments of counsel in any court other than the Supreme, Superior or Commonwealth Courts of Pennsylvania, a federal appellate court, or in other cases in which counsel is actually on trial or is properly attached to any court of record.
Civil cases
Page 9 | Rule 216.1. Prior Commitments of Counsel
A properly scheduled argument will not be continued because a party failed to comply with Rule 227.2.
(e) No continuance of argument properly scheduled will be granted because of a party’s failure to observe the requirements of this rule.
Civil cases
Page 10 | Rule 227.2. Post-Trial Motions
The deadline for briefs and answers to petitions, motions, and preliminary objections may be extended by party agreement with court approval, if written notice of the agreement is filed with the prothonotary.
A. The time for filing briefs and answers to petitions, motions and preliminary objections may be extended by agreement of the parties and with the approval of the court, provided written notice of the agreement for extension has been filed with the prothonotary.
Civil cases
Page 13 | Rule 1003.1. Waiver of Rules. Extension of Time
A party seeking advancement or deferral from the automatic trial listing must request an administrative conference under C.C.R.C.P. 249.1 et seq.
Any party may at any time, and to obtain relief (advancement or deferral) from the automatic trial listing as set forth in paragraph 7 above must, request an administrative conference in accordance with C.C.R.C.P. No. 249.1 et seq.
Civil cases
Page 24 | Rule 5003(c). Discovery Procedures
A party seeking to defer automatic trial-list placement must request an administrative conference and obtain a court order.
To obtain relief from automatic trial listing a party must proceed pursuant to C.C.R.C.P. 249.3(b), request an administrative conference and obtain a court order deferring the placement of the case on the trial list until a later date.
Civil cases
Page 2 | NOTICE OF TRIAL LISTING DATE
A motion for continuance must state the reason and the scheduled matter and date, and indicate that the opposing party was notified and whether they agree or disagree.
I, _________________________________, Attorney for Plaintiff/Defendant move for continuance of ________________________________ scheduled for ____________________ in Courtroom No. _____ for the following reasons: ____________________________________________ The opposing party has been notified and AGREES/DISAGREES. (circle)
Civil cases
Page 1 | Motion for Continuance
Chambers Communication Rules
The defendant must contact the assigned mediator within three days of receiving the papers to schedule mediation orientation.
You are ordered to contact the Mediator assigned to your case within three (3) days of receiving these papers to schedule mediation orientation.
Civil cases
Page 1 | Court Ordered Mediation
Interpreter requests must be submitted using the court’s interpreter-request form or by email to the specified address.
(2) Requests for interpreters shall be made by going to http://www.chesco.org/formcenter/Courts- 39/interpreter-request-form-166, completing the template and submitting the request, or e-mailing intrpcalcta@chesco.org.
Page 9 | Interpreters
For an interpreter-request cancellation made less than 48 hours before the scheduled hearing, the party must call the Court as well as email.
If the cancellation is less than forty-eight (48) hours before the scheduled hearing, the party shall call the Court in addition to e-mail.
Page 9 | Interpreters
Counsel and parties must not engage in ex parte communications with the mediator about substantive mediation issues; scheduling communications are excepted.
Counsel and/or the parties shall not engage in or participate in ex parte communications with the mediator regarding substantive issues which relate to the mediation. Communications regarding scheduling are not subject to this rule.
Page 34 | Rule 1940.11.A. Ex Parte Communications.
Notify the Court Administrator’s office at least one week before trial about requests for additional counsel tables or other special seating or visual-aid arrangements.
If there is a request for more than one counsel table for all plaintiffs or defendants, or any other special requests for seating, visual aids, etc., notify the Court Administrator's office at least one (1) week before trial.
Page 6 | III. Hearing/Trial Proceedings — C. Court Seating
During jury deliberations, counsel must tell the tipstaff where they are and remain available with their clients to return to court on five minutes’ notice.
During jury deliberations, counsel shall let the tipstaff on duty know where they are, and shall be available, with their clients, to return to the court on five (5) minutes' notice.
Page 11
Counsel must not copy the judge on correspondence between counsel.
Do not copy the judge on correspondence between counsel.
Page 11
When counsel requests use of the court’s electronic equipment or services, arrangements must be made with the Department of Computer and Information Services at least 48 hours before the hearing or trial.
Where use of the court’s electronic equipment or services is requested, arrangements must be made with the Department of Computer and Information Services at least forty-eight (48) hours in advance of the hearing/trial date.
Page 11
From jury selection through discharge, counsel must avoid contact with individual jurors and advise their parties and witnesses to do likewise.
From the time the jury is selected until it is discharged, counsel shall avoid all forms of contact with the individual jurors, and shall advise their parties and witnesses to do the same.
Page 11
Counsel representing the defendant or calling the witness must notify the Court Administrator’s Office at least 24 hours before a proceeding when an interpreter is needed.
It shall be the responsibility of counsel representing the defendant, or calling the witness, to notify the Court Administrator’s Office, not less than twenty-four (24) hours in advance of the proceeding, when an interpreter will be needed.
Page 3 | Rule 105.2. Interpreters
Counsel must keep the Criminal Court Administrator informed of changes in the case's status.
Counsel shall be required to keep the Criminal Court Administrator advised of changes in the status of the case.
Page 6 | Rule 105.6(d). Duty of Counsel.
Counsel who knows at filing that a related claim is pending must notify the court administrator in writing.
If, at the time of the filing of any civil action or proceeding, counsel is aware that a related claim is pending, counsel shall so notify the court administrator in writing.
Civil cases
Page 4 | B. Related Cases
A party withdrawing post-trial motions or exceptions, or terminating an appeal, must immediately advise in writing the judge whose decision was challenged.
Whenever post-trial motions or exceptions are withdrawn or an appeal is terminated by a party, that party shall immediately advise in writing the judge whose decision, order, or adjudication was being challenged.
Civil cases
Page 10 | Rule 229.1. Withdrawal of Post-Trial Motions, Exceptions or Appeal
Individuals seeking information about accessible facilities or reasonable accommodations should contact Family Court Administration, and arrangements must be made at least 72 hours before a hearing or other court business.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact Family Court Administration at 610- 344-6405. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
Civil cases
Page 2 | Americans with Disabilities Act of 1990
Contact the court office for information about accessibility accommodations, and make all arrangements at least 72 hours before a hearing or other court business.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
Page 64 | AMERICANS WITH DISABILITIES ACT OF 1990
Conferences should be scheduled through the judge’s secretary.
Conferences should be scheduled through the judge’s secretary.
Page 2 | I. Pre-Trial Matters — C. Conferences
Counsel should contact the appropriate administrative office about procedural questions or filings and should complete research on a question before contacting an office.
Counsel should contact the appropriate administrative office concerning procedural questions or filings, and counsel should ensure complete research into any question raised before contacting any office.
Page 3 | I. Pre-Trial Matters
If no litigation has commenced, minors’ compromise and wrongful death claims should be scheduled through the Orphans Court Administrator.
Minors Compromises/Wrongful Death Claims should be scheduled through the Orphans Court Administrator if no litigation has been commenced.
Page 3 | I. Pre-Trial Matters
Scheduling questions should go to the Court Administrator’s office unless special circumstances require contacting the judge’s secretary.
Scheduling questions should be directed to the Court Administrator's office, unless special circumstances require that contact be made with the judge’s secretary.
Page 4 | I. Pre-Trial Matters
Counsel who will be late should contact the judge’s chambers as soon as possible and tell the judicial secretary when counsel expects to arrive.
Lateness for court will not be tolerated; however, if counsel is going to be late for a court proceeding, counsel should contact the judge’s chambers as soon as possible and advise the judicial secretary of your expected arrival.
Page 4 | II. Court Proceedings
Counsel should alert opposing counsel when counsel anticipates a significant question of law or evidence during trial.
If counsel has reason to anticipate that a significant question of law or evidence will arise during trial, counsel should alert opposing counsel,
Page 5 | III. Hearing/Trial Proceedings — A. Preliminary Conferences
Jury views are discouraged but permitted if counsel makes advance arrangements with the court.
Although jury views are not encouraged, they may be done with advance arrangements by counsel with the court.
Page 11
Counsel should not instruct the court reporter or impose requirements on the reporter.
Counsel should not issue instructions to or impose requirements upon the reporter.
Page 11
Counsel should direct requests concerning the court reporter to the court, which may issue instructions to the reporter as appropriate.
Counsel should direct their requests to the court and, if appropriate, the court will issue instructions to the reporter.
Page 12
An arbitrator-registration applicant must immediately report any change in the reported status to the Court Administrator's office.
Any change in his or her status in this regard shall immediately be reported to the office of the Court Administrator.
Civil cases
Page 16 | Rule 1302.1(c)
To inquire about accessible facilities or reasonable accommodations, contact Family Court Administration, and make all arrangements at least 72 hours before a hearing or other court business.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact Family Court Administration at 610-344-6405. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
Civil cases
Page 2 | AMERICANS WITH DISABILITIES ACT OT 1990