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Court Rules

Court of Common Pleas of Clarion County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • A motion for continuance must state the specific reason for the request and whether opposing counsel objects.
  • The arbitrators may continue a hearing for cause shown, but must set a definite new date.
  • Listed cases must be heard and disposed of within 60 days after the board is appointed, unless the court grants leave upon good cause shown.

Request must include

Reason for RequestAdversary Position
  • Continuance applications for mediation must be submitted in writing to the court, comply with Clarion County Rule L216, and be made at least seven days before the scheduled mediation.

Communication

Email
tkline@co.clarion.pa.us
Phone
(814)226-4000 ext. 2102
Fax
(814)226-1097
Cases:
Filters:

Document Format Requirements24 rules

FormattingMandatoryCivil cases

All papers filed with the prothonotary shall be prepared for flat filing.

FormattingMandatoryCivil cases

A motion for continuance must be written and signed by counsel.

Applies to
  • Motion for continuance

Formatting

  • Must be in writing

Court's wording

(a) All motions for continuances shall be in writing, shall be signed by counsel, shall set forth specifically the reason for the request, and shall contain a statement that opposing counsel either objects or does not object to the proposed continuance.

FormattingMandatoryCivil cases

The form of the motion shall be as prescribed by the Pennsylvania Rules of Civil Procedure.

FormattingMandatoryCivil cases

All electronic fillings shall be in Portable Document Format (PDF).

File type
PDF
FormattingMandatoryCivil cases

A motion averring facts not of record that requires verification must be physically created and signed, converted to PDF before e-filing, and its original verification retained and made available when directed or reasonably requested.

File type
PDF
Applies to
  • Motion

Court's wording

Any motion that, pursuant to Pa.R.J.C.P. 1344(C)(3), avers facts not of record and requiring a verification must be created in a physical paper form, have a physical signature placed on it, and then be converted into a .pdf before it may be electronically filed. The original verification shall be maintained by the electronic filer in either electronic or paper format and made available upon direction of the court or reasonable request of the signatory or opposing party.

FormattingMandatoryCriminal cases

All electronic fillings shall be in Portable Document Format (PDF).

File type
PDF
FormattingMandatoryCriminal cases

A motion requiring verification must be created and physically signed on paper before conversion to PDF and electronic filing, and the original verification must be retained and made available when directed or reasonably requested.

File type
PDF

Court's wording

Any motion that, pursuant to Rule 344(C)(3), avers facts not of record and requiring a verification must be created in a physical paper form, have a physical signature placed on it, and then be converted into a .pdf before it may be electronically filed. The original verification shall be maintained by the electronic filer in either electronic or paper format and made available upon direction of the court or reasonable request of the signatory or opposing party.

FormattingMandatoryCriminal cases

Scanned signatures will be accepted as originals. An electronically filed document shall be deemed to have been signed by the filer if it bears a facsimile or typographical signature of the filer, e.g. /s/ John Doe.

Formatting

  • Scanned signatures are accepted as originals
FormattingMandatory

Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format only on a CD-ROM to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

FormattingMandatory

These prices are for the original prepared in bound paper format as Clarion County does not accept an electronic transcript for filing.

File type
Paper
21CLARION COUNTY LRJA CT REPORTERS TRANSCRIPTS · Mar 2017 · p. 4
|SectionRule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof
FormattingMandatoryCriminal cases

A motion for continuance shall be substantially in the form prescribed by Form 106.1 of these Rules.

FormattingMandatoryCriminal cases

A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a waiver of arraignment in the clerk of courts office in the form prescribed by the court administrator.

Applies to
  • Waiver of arraignment

Formatting

  • The waiver must be in the form prescribed by the court administrator
06CriminalProcedure 12-1-2016 · Dec 2016 · p. 28
|SectionRule L.R.Crim.P. 571. Arraignment.
FormattingMandatory

These prices are for the original prepared in bound paper format as Clarion County does not accept an electronic transcript for filing.

08Local Rules of Judicial Admin · Nov 2017 · p. 6
|SectionRule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof
FormattingMandatory

Non-documentary exhibits must be photographed by the proponent, converted to 8 ½ x 11 sized documents, and appropriately marked and produced to the custodian during the court proceeding.

Paper size
Letter

Formatting

  • The documents must be appropriately marked
FormattingMandatory

(b) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record on a Universal Serial Bus (USB) flash drive (or other format if expressly approved by the court).

FormattingMandatoryCriminal cases

All electronic fillings shall be in Portable Document Format (PDF).

File type
PDF
FormattingMandatoryCriminal cases

An electronically filed document shall be deemed to have been signed by the filer if it bears a facsimile or typographical signature of the filer, e.g. /s/ John Doe.

FormattingMandatoryCriminal cases

Any motion that, pursuant to Rule 575(A)(2)(g) avers facts not of record and requiring a verification must be created in a physical paper form, have a physical signature placed on it, and then be converted into a .pdf before it may be electronically filed.

File type
PDF
Applies to
  • Motion
FormattingImportantCivil cases

An electronic filing of a motion or answer that includes an electronic signature constitutes a certification pursuant to Pa.R.J.C.P. 1344(C)(1) that the filing party or attorney has filed the motion in good faith.

FormattingImportant

Please Type or Print in Black or Blue Ink

18Rule 509 Request Form · p. 1
|SectionRULE 509 REQUEST FORM
FormattingImportant

Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format only on a CD-ROM to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

Formatting

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

Scanned signatures will be accepted as originals. An electronically filed document shall be deemed to have been signed by the filer if it bears a facsimile or typographical signature of the filer, e.g. /s/ John Doe.

Formatting

  • Scanned signatures are accepted as originals
FormattingNoteCriminal cases

Any forms contained in these local rules are for the convenience of the parties; the use of specific forms is not required as long as all the information required is provided in a filing.

06CriminalProcedure 12-1-2016 · Dec 2016 · p. 3
|SectionScope of Rules, Construction and Definitions
FormattingNoteCriminal cases

Scanned signatures will be accepted as originals.

Document Filing Requirements88 rules

Filing RequirementsMandatoryCivil cases

Every pleading shall have a cover sheet in substantially the following form:

Filing RequirementsMandatoryCivil cases

Every motion must include a statement of supporting legal authority, which may be a contemporaneous brief or, for routine noncomplex motions, part of the motion.

Court's wording

All motions shall be supported by a statement of authority citing a statute, rule of court, or caselaw in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.

Filing RequirementsMandatoryCivil cases

A motion to compel discovery must have an attached order substantially in the specified form, including the discovery deadline and the procedure if the non-moving party objects.

Court's wording

(1) Motions to Compel Discovery The Court shall consider motions to compel discovery without the necessity for briefs and argument. An order in substantially the following form shall be attached to the motion: And now, (insert date), upon consideration of (insert moving party) Motion To (insert title of motion), it is ordered that said Motion is granted. Plaintiffs are to provide (insert discovery item requested) within twenty (20) days of the date of this order or suffer sanctions. If (insert non- moving party) object(s), they may request argument on the Motion, in which event the parties shall comply with Clarion County Local Rule 208.3(b)(3)

Filing RequirementsMandatoryCivil cases

A motion that is contested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties and that the requested relief is contested.

Document
Motion

Must include

  • Certificate of conference
Filing RequirementsMandatoryCivil cases

A motion that is represented to be uncontested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties and that the requested relief is uncontested.

Document
Motion

Must include

  • Certificate of conference
Filing RequirementsMandatoryCivil cases

The moving party must attach to all petitions a proposed order in substantially the form that is set forth in Pa.R.C.P. 206.6.

Document
Petition

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

Whenever a matter at issue involves disputed issues of fact, the matter shall be disposed of in accordance with Pa.R.C.P. 208.4. The moving party shall attach an order in the form prescribed by Pa.R.C.P. 208.4(b)(2).

05CLARION COUNTY LOCAL RULES OF COURT, CIVIL, COMPLETE SET JULY 1, 2005 · Jul 2005 · p. 6
|SectionRule L208.3(b)(2) Motions Involving Disputed Issues of Fact
Filing RequirementsMandatoryCivil cases

A praecipe for argument must substantially follow the stated form, including the matter and moving party, oral-argument and transcript requests, and certification that notice was given.

Court's wording

A praecipe for argument shall be in substantially the following form: [Caption of Case] PRAECIPE FOR ARGUMENT TO THE PROTHONOTARY: KINDLY SUBMIT THIS MATTER TO THE COURT FOR ARGUMENT ONLY. 1. The matter to be submitted for argument is __________________________ _______________________________________________________________ (Title of Motion, Preliminary Objection, etc.) which has been filed by the ______________________________________________________. (Name of moving party.) 2. Oral argument is/is not requested. 3. A transcript is/is not required for disposition of this argument. The transcript which is required is of the hearing of ________________________________________________________________ (Date of hearing if transcript required.) 4. I certify that notice has been given to all counsel of record and to all unrepresented parties of record of the filing of this Praecipe.

Filing RequirementsMandatoryCivil cases

A party requesting oral argument must file a proposed order scheduling it with the praecipe.

Court's wording

When a party or counsel requests oral argument, such party or counsel shall file with the praecipe for argument a proposed order of court scheduling oral argument, which proposed order of court shall be substantially in the following form.

Filing RequirementsMandatoryCivil cases

To place a case on the trial list, both jury and non-jury, counsel for one or more of the parties in the case shall file a Certificate of Readiness in the form hereinafter provided.

Filing RequirementsMandatoryCivil cases

The Certificate of Readiness includes a certification about discovery, availability, settlement negotiations, trial readiness, and service of a copy.

Court's wording

I certify that all discovery in the case has been completed; all necessary parties and witnesses are available, serious settlement negotiations have been conducted, the case is ready in all respects for trial, and a copy of this Certificate has been served upon all counsel of record and upon all parties of record who are not represented by counsel

Filing RequirementsMandatoryCivil cases

If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference, of the necessity or desirability of using a witness, an exhibit, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, plot or plan as is required on the pre-trial statement set forth in PA.R.C.P. 212.2.

Filing RequirementsMandatoryCivil cases

Each party must submit a pre-trial statement to the court and other counsel three days before the conference, including the PA.R.C.P. 212.2 items and an estimate of the time needed for its case in chief.

Court's wording

Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth by PA.R.C.P. 212.2. In addition, the pre trial statement shall set forth an estimate of the length of time which will be required to present the party’s case in chief.

Filing RequirementsMandatoryCivil cases

An attorney's first motion for continuance must state that the client was informed of the motion and its reason.

Court's wording

(b) In addition to the requirements of paragraph (a) above, the first motion for continuance filed by an attorney in any case shall include a statement that the client represented by the attorney requesting the continuance has been made aware of the motion and the reason it is being presented.

Filing RequirementsMandatoryCivil cases

An attorney's later motion for continuance must include the attorney's certification that the client consented.

Court's wording

(c) In addition to the requirements of paragraph (a) above, any motion for continuance made by an attorney subsequent to that attorney's first motion for continuance shall contain a certification by that attorney that their client has consented to the requested continuance.

Filing RequirementsMandatoryCivil cases

Counsel's additional voir dire questions must be submitted in writing and approved by the court to be included.

Court's wording

(b) Initial voir dire examination shall be conducted by the court and will include, in addition to the court's general questions on voir dire, such additional questions appropriate to the case at hand as counsel shall submit in writing and as are approved by the court.

Filing RequirementsMandatoryCivil cases

A transcript request must be presented to the court by motion and order identifying the requested record portion and, for a partial transcript, the requested dates and witnesses.

Court's wording

(c) In all cases where a transcript is requested, the party requesting the transcript must present a motion and order to the court specifically identifying that portion of the record that is requested, and in the event that less than all of the trial is to be transcribed, the date and witnesses that are requested.

Filing RequirementsMandatoryCivil cases

The notice shall contain the date of proposed termination and the procedure to avoid termination.

Filing RequirementsMandatoryCivil cases

A case involving more than $25,000 may be submitted to arbitration if all parties file a written stipulation.

Court's wording

Any case in which the amount in controversy exceeds $25,000.00 may be submitted to and heard by a board of three members of the Clarion County Bar upon a written stipulation being filed by all parties.

Filing RequirementsMandatoryCivil cases

Either party in such civil suit or action, his agent or attorney may place a case on the list of cases for trial by arbitration by filing a Certificate of Readiness in the form provided by local rule L212.1(a)

Filing RequirementsMandatoryCivil cases

An amended pleading that changes more than one paragraph must be complete, identify itself as amended, and renumber its paragraphs.

Court's wording

Whenever a pleading is filed amending more than one paragraph of the original pleading, such pleading shall be a complete pleading and not merely set forth the amendments to the former pleading. The amended pleading shall clearly indicate that it is an amended pleading and the paragraphs shall be renumbered.

Filing RequirementsMandatoryCivil cases

If any party shall, by writing filed with the chairman fifteen days before the hearing, request a record, the arbitrators shall provide a reporter and cause a record to be made.

Filing RequirementsMandatoryCivil cases

The arbitration report must state the hearing date, counsel present, and witnesses heard; include a jury-verdict-form award; be signed by the board or a majority; and be transmitted to the prothonotary.

Court's wording

The report shall state when the hearing was held, what counsel were present, the names of the witnesses heard, shall contain an award, either for the plaintiff or for the defendant, in a form similar to the verdict of a jury, shall be signed by the board of arbitrators, or a majority of them, and shall be transmitted to the prothonotary.

Filing RequirementsMandatoryCivil cases

For the specified custody actions and petitions, the plaintiff or petitioner must attach an order directing the defendant or respondent to attend a conciliation conference.

Court's wording

Upon commencement of an action for custody, partial custody or visitation of minor children, or the filing of a petition seeking modification or contempt of an existing order or seeking relocation, the plaintiff/petitioner shall attach an order to the original complaint or petition, directing the defendant/respondent to attend a conciliation conference.

05CLARION COUNTY LOCAL RULES OF COURT, CIVIL, COMPLETE SET JULY 1, 2005 · Jul 2005 · p. 20
|SectionACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN
Filing RequirementsMandatoryCivil cases

a pre-hearing statement shall be filed with the court by each party

05CLARION COUNTY LOCAL RULES OF COURT, CIVIL, COMPLETE SET JULY 1, 2005 · Jul 2005 · p. 20
|SectionACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN
Filing RequirementsMandatoryCivil cases

Upon reaching a settlement, the attorneys and parties shall immediately dictate a consent order. The court will make a member of its staff available to prepare the order. The parties shall sign the order and present it to the court staff before leaving the court facility.

05CLARION COUNTY LOCAL RULES OF COURT, CIVIL, COMPLETE SET JULY 1, 2005 · Jul 2005 · p. 20
|SectionACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN
Filing RequirementsMandatoryCivil cases

The order of appointment shall specify the matters which are referred to the master.

Filing RequirementsMandatoryCivil cases

Should the court appoint a master on its own motion, the court shall direct in its order of appointment the party responsible for deposit of funds with the Prothonotary.

Filing RequirementsMandatoryCivil cases

With the parties’ consent, the report must include a concise summary of the mediation and, in any event, the mediator must attach any evaluation reports and home studies.

Court's wording

With the consent of the parties, the mediator shall state in the report a concise summary of the mediation, including the background of the action, the allegations of the parties concerning the areas of dispute, and the recommendations, if any, of the mediator concerning disposition. The mediator shall attach any evaluation reports and home studies to such report.

Filing RequirementsMandatoryCivil cases

A prepared and executed consent order must be submitted to the court for approval and signature.

Court's wording

The court administrator shall make a member of the court staff available to prepare a consent order, which shall be dictated either by the attorneys or by the mediator. Upon preparation and execution thereof the same shall be submitted to the court for approval and signature.

Filing RequirementsMandatoryCivil cases

A proposed order setting the matter for a pre-hearing conference before the court and requiring the filing of pre-hearing statements at least seven (7) days before the pre-hearing conference shall be attached to any report submitted by the mediator.

Document
Mediator report

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

The report shall also include pre-trial information, which the attorneys shall be prepared to provide to the child custody mediator, such as lists of witnesses, exhibits, and stipulations, and an estimate of trial time.

Filing RequirementsMandatoryCivil cases

In those actions where the parties cannot reach agreement, the mediator shall prepare and file a report pursuant to Pa.R.C.P. 1940.6.

Filing RequirementsMandatoryCivil cases

If it appears to the mediator that psychological evaluations and/or home studies are needed for ultimate resolution of the matter, he/she shall report that decision to the court.

Filing RequirementsMandatoryCivil cases

If no party appears, the mediator must submit a report and proposed dismissal order to the court.

Document
Mediator report

Must include

  • Proposed order

Court's wording

If no party appears either personally or through an attorney, the mediator shall submit a report to the court, together with a proposed order to dismiss the action, in which event costs shall be assessed and collected.

Filing RequirementsMandatory

Further, the Court Administrator shall file the original report with the Clerk of Courts

Filing RequirementsMandatory

they shall provide to the Clarion County Court Administrator a list of those parties to whom the form was distributed as well as a complete list of those persons who should receive the completed form along with their addresses.

Filing RequirementsMandatory

Complete the complaint form and return to the ADA Coordinator (See information above.)

01 ADA GrievanceForm1 · p. 1
|SectionAmericans with Disabilities (Title II) Act Grievance Procedure
Filing RequirementsMandatory

Persons filing documents containing confidential information must use and file a Confidential Information Form.

Court's wording

Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form in order to comply with the Policy.

Local Rules of Jud Admin · Nov 2017 · p. 2
|SectionRule 101 Public Access Policy: Case Records of the Trial Courts
Filing RequirementsMandatoryCriminal cases

An electronic filing of a motion or answer that includes an electronic signature constitutes a certification pursuant to Pa.R.J.C.P. 344(C)(1) that the filing party or attorney has filed the motion in good faith.

Filing RequirementsMandatory

Each court reporter must provide annual documentation of continuing professional education hours completed in the preceding calendar year.

Court's wording

Every court reporter utilized by the Court of Common Pleas of Clarion County shall provide to the District Court Administrator before January 31 each year, documentation indicating the number of continuing professional education hours that the Court Reporter successfully completed for the preceding calendar year

21CLARION COUNTY LRJA CT REPORTERS TRANSCRIPTS · Mar 2017 · p. 2
|SectionRule 4004. Qualifications of Court Reporters
Filing RequirementsMandatory

Court reporters must provide proof of requalification every three years, based on 30 hours of properly certified or accredited continuing education.

Court's wording

and shall provide to the District Court Administrator proof of their requalification every three years by completion of thirty (30) hours of continuing professional education properly certified or accredited by the National Court Reporters Association.

21CLARION COUNTY LRJA CT REPORTERS TRANSCRIPTS · Mar 2017 · p. 2
|SectionRule 4004. Qualifications of Court Reporters
Filing RequirementsMandatory

The original request shall be filed in the appropriate filing office

Filing RequirementsMandatory

Transcript requests must use the standardized Request for Transcript form, which is available online or from the listed court offices.

Court's wording

All requests for transcripts shall be set forth on the standardized “Request for Transcript” form which may be downloaded from http://www.co.clarion.pa.us/government/courts.html, which is Clarion County’s website, or which can be obtained from the District Court Administrator or the following filing offices: Prothonotary, Clerk of Courts, and Register of Wills/Clerk of Orphans’ Court.

Filing RequirementsMandatory

A litigant claiming economic hardship must attach a completed In Forma Pauperis affidavit to the transcript request and supply proof of income covering the past three months.

Court's wording

Litigants claiming economic hardship must attach a completed In Forma Pauperis affidavit, pursuant to PA Rule of Civil Procedure 240, to the Request for Transcript form. Proof of income must be supplied including documents for the past three months, such as pay stubs, social security benefit statements, Domestic Relations child support information, and/or unemployment benefit statements.

Filing RequirementsMandatory

Please submit this form to the appropriate UJS records manager.

18Rule 509 Request Form · p. 1
|SectionRULE 509 REQUEST FORM

Filing & Service rules

Electronic Filing Rules

The Clerk of Courts must accept hard-copy legal papers, retain them as required, and convert eligible papers to PDF for the system.

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.J.C.P. 1205(C) and this rule.

Civil cases

Page 1 | Legal Papers

Electronic filing through the PACFile System is voluntary. Any party or attorney who declines to participate, 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.J.C.P. 205.

Electronic filing through the PACFile System is voluntary. Any party or attorney who declines to participate, 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.J.C.P. 205.

Criminal cases

Page 1 | PACFile

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.J.C.P. 205(C) and this rule.

Criminal cases

Page 1 | Legal Papers

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

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

Page 1 | Order of Court

The District Court Administrator must forward two paper copies and one electronic copy on CD-ROM to the Legislative Reference Bureau.

Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format only on a CD-ROM to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

Page 1 | Order of Court

Electronic transcripts may not be filed with Clarion County.

Clarion County does not accept an electronic transcript for filing.

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

Electronic transcripts may not be filed with Clarion County.

These prices are for the original prepared in bound paper format as Clarion County does not accept an electronic transcript for filing.

Page 6 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

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.

Criminal cases

Page 2 | Legal Papers

Electronic filing through the PACFile System is voluntary. Any party or attorney who declines to participate, 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.J.C.P. 1205.

Electronic filing through the PACFile System is voluntary. Any party or attorney who declines to participate, 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.J.C.P. 1205.

Civil cases

Page 1 | PACFile

Electronic filing and service through PACFile are permitted in delinquency proceedings, but not in the listed excluded case categories.

The Administrative Office of Pennsylvania Courts and the Eighteenth Judicial District have agreed upon an implementation plan for electronic filing, as that term is defined Pa.R.J.C.P. 205(C), in the Eighteenth Judicial District through the statewide system known as PACFile, effective December 21, 2022. The Clarion 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 in all delinquency proceedings. In the context of this rule, “legal papers” which may be filed electronically do not include cases involving Domestic Relations, Protection from Abuse, Orphans’ Court, and Mental Health/Intellectual Disability.

Criminal cases

Page 1 | Electronic Filing

One copy of the local rules must be filed with the Administrative Office of Pennsylvania Courts by email.

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

Page 3 | ORDER OF COURT

Written motions, answers, notices, and other required or permitted filings may be filed electronically, subject to the listed exclusions.

(1) The legal papers which may be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders, copies of exhibits, and attachments, except for the following: (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) Exhibits offered into evidence, whether or not admitted, in a court proceedings; (e) Submissions filed ex parte as authorized by law; (f) Submissions filed or authorized to be filed under seal; (g) Oversized documents or documents that cannot be reduced into an 8 ½ x 11 inch; (h) Wiretap Act, cell phone, tracker, and Internet petitions; and (i) Third-party filing of amicus briefs or other third-party filing.

Criminal cases

Page 1 | Legal Papers

Electronic filing and service are permitted in dependency proceedings, but the rule excludes cases involving Domestic Relations, Protection from Abuse, Orphans’ Court, and Mental Health/Intellectual Disability.

The Clarion 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 in all dependency proceedings. In the context of this rule, “legal papers” which may be filed electronically do not include cases involving Domestic Relations, Protection from Abuse, Orphans’ Court, and Mental Health/Intellectual Disability.

Civil cases

Page 1 | Electronic Filing

Electronic filing may cover written motions and answers, required or permitted notices and documents, orders, exhibits, and attachments.

The legal papers which may be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders, copies of exhibits, and attachments.

Civil cases

Page 1 | Legal Papers

Written motions, answers, notices, required or permitted filing documents, orders, exhibits, and attachments may be filed electronically.

The legal papers which may be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filing is required or permitted, including orders, copies of exhibits, and attachments.

Criminal cases

Page 1 | Legal Papers

An electronically filed legal paper is deemed to be the original document.

A legal paper filed electronically shall be deemed the original document.

Criminal cases

Page 1 | Legal Papers

Electronic filing of legal papers through PACFile is permitted, except for cases involving the listed proceedings.

The Administrative Office of Pennsylvania Courts and the Eighteenth Judicial District have agreed upon an implementation plan for electronic filing, as that term is defined in Pa.R.Crim.P. 576.1(C), in the Eighteenth Judicial District through the statewide system known as PACFile, effective December 21, 2022. The Clarion 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. In the context of this rule, “legal papers” which may be filed electronically do not include cases involving Domestic Relations, Protection from Abuse, Orphans’ Court, and Mental Health/Intellectual Disability.

Criminal cases

Page 1 | Electronic Filing

PACFile participation is voluntary, and parties or attorneys who opt out or cannot use the system may file hard copies.

Electronic filing through the PACFile System is voluntary. Any party or attorney who declines to participate, 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. 576.1.

Criminal cases

Page 1 | PACFile

Filing Timing and Cure Windows

Papers must be delivered to the prothonotary, who records the date and time received.

All papers to be filed with the court must first be delivered to the prothonotary and clocked in by the prothonotary as to the date and time received.

Civil cases

Page 5 | Rule L205.2(a) Filing Legal Papers With The Prothonotary

A party may praecipe a law-only matter for argument at any time, but a motion for judgment on the pleadings or summary judgment must be accompanied by a praecipe filed simultaneously.

Whenever a matter at issue involves a question of law only, any party or counsel desiring to submit such matter to the court may praecipe the same for argument. A praecipe for argument may be filed by any party at any time, but a party filing a motion for judgment on the pleadings or motion for summary judgment must file a praecipe for argument simultaneously with the filing of such motion.

Civil cases

Page 7 | (3)(a) Motions Involving Questions of Law Only

Counsel opposing a Certificate of Readiness must file their reasons within 20 days after it is served.

A party placing a case on the trial list shall forthwith serve a copy of the Certificate of Readiness upon all other counsel of record, who, if for any reason opposes such certification, shall within twenty (20) days thereafter file their reasons opposing the Certificate of Readiness for trial.

Civil cases

Page 10 | Rule L212.1(a)

The required information must be provided at least 48 hours before jury selection or, in a non-jury case, trial commencement; otherwise, the court may refuse its use at trial.

Failure to provide such information no less than 48 hours before selection of the jury, or commencement of trial in a non-jury case, shall not be compliance with this subsection, and may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.

Civil cases

Page 12 | Rule L212.2 Pre Trial Statement

The pre-trial statement is due three days before the scheduled pre-trial conference.

Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth by PA.R.C.P. 212.2. In addition, the pre trial statement shall set forth an estimate of the length of time which will be required to present the party’s case in chief.

Civil cases

Page 12 | Rule L212.2 Pre Trial Statement

A party seeking a transcript for post-trial motions must have it transcribed before the motion is argued.

(b) A party filing post-trial motions who desires a transcript shall cause the transcript or portion thereof to be transcribed before the motion is argued.

Civil cases

Page 14 | Rule L227.1 Post Trial Conferences

A request for a hearing record must be filed with the chairman 15 days before the hearing.

If any party shall, by writing filed with the chairman fifteen days before the hearing, request a record, the arbitrators shall provide a reporter and cause a record to be made.

Civil cases

Page 18 | Rule L1304 Conduct of Hearing. Generally.

The arbitrators must make their report and render their award promptly after the hearing concludes.

The board of arbitrators shall make its report and render its award promptly upon conclusion of the hearing.

Civil cases

Page 19 | ARBITRATION

In cases proceeding to a pre-hearing conference, each party must file its pre-hearing statement at least seven days before the conference.

In those cases which proceed to a pre-hearing conference, a pre- hearing statement shall be filed with the court by each party at least seven (7) days before the pre-hearing conference.

Civil cases

Page 20 | ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Pre-hearing statements must be filed at least seven days before the pre-hearing conference.

A proposed order setting the matter for a pre-hearing conference before the court and requiring the filing of pre-hearing statements at least seven (7) days before the pre-hearing conference shall be attached to any report submitted by the mediator.

Civil cases

Page 23 | MEDIATION IN CUSTODY ACTIONS

The Court Administrator must promptly distribute the report to the hearing judge no later than one business day after receiving it.

The Court Administrator, no later than one business day following receipt of the report, shall promptly distribute said report to the Judge before whom the hearing will be held.

Page 1 | ADMINISTRATIVE ORDER

Children & Youth Services must distribute the designated form at least 21 days before the scheduled hearing.

At the time that Children & Youth Services distributes the form designated by 42 Pa.C.S.§6336.1(b), which shall be not less than twenty one days prior to the scheduled hearing,

Page 1 | ADMINISTRATIVE ORDER

The report must be submitted to the designee at least seven days before the hearing.

The report to the herein appointed designee shall be submitted at least seven (7) days prior to the hearing.

Page 1 | ADMINISTRATIVE ORDER

A denial by a judicial district records manager may be appealed in writing to the president judge or designee within 15 business days of the mailing date of the response.

If the records manager of a judicial district denies a written request for access, the denial may be appealed in writing within 15 business days of the mailing date of the written response by the records manager to the president judge or designee.

Page 3 | Procedure for Requesting Access

The president judge or designee must determine an appeal of a judicial district records manager's denial and send the determination in writing within 20 business days of receiving the appeal.

Within 20 business days of receipt of the appeal, the president judge or designee shall make a determination and forward it in writing to the requester.

Page 3 | Procedure for Requesting Access

The requester must be notified in writing that the request was received and when the information is expected to be available, no later than 30 business days.

(iv) notify the requester in writing that the request has been received and the expected date that the information will be available, not to exceed 30 business days.

Page 3 | Procedure for Requesting Access

A denial by the AOPC records manager may be appealed in writing to the Court Administrator of Pennsylvania or designee within 15 business days of the mailing date of the response.

(5) If the AOPC records manager denies a written request for access, the denial may be appealed in writing within 15 business days of the mailing date of the written response by the records manager to the Court Administrator of Pennsylvania or designee.

Page 3 | Procedure for Requesting Access

The Court Administrator or designee must determine an appeal of an AOPC records manager's denial and send the determination in writing within 20 business days of receiving the appeal.

Within 20 business days of receipt of the appeal, [T]the Court Administrator or designee shall make a determination and forward it in writing to the requester.

Page 3 | Procedure for Requesting Access

Upon receipt, the Clerk of Courts must acknowledge the filing with its date and time of receipt and notify the filer whether it was accepted for filing.

Upon receipt of the legal paper, the Clerk of Courts shall provide the filing party with an acknowledgement, which includes the date and time the legal paper was received by the electronic filing system. The Clerk of Courts shall also provide the filing party with notice that the legal paper was accepted for filing.

Civil cases

Page 2 | Service

If a legal paper is rejected or refused for filing, the Clerk of Courts must immediately notify the presenting party of the presentation date, the rejection or refusal, and the reason.

If a legal paper is not accepted upon presentation for filing or is refused by the electronic filing system, the Clerk of Courts shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or was refused for filing by the system, and the reason.

Civil cases

Page 2 | Service

If the complaint response does not satisfactorily resolve the issue, the complainant may appeal within 15 calendar days after receiving the response.

If the response to the complaint does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after receipt of the response to President Judge James G. Arner.

Page 1 | Americans with Disabilities (Title II) Act Grievance Procedure

The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.

The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.

Page 1 | Americans with Disabilities (Title II) Act Grievance Procedure

The Clerk of Courts must notify the filing party when a legal paper is accepted for filing.

The Clerk of Courts shall also provide the filing party with notice that the legal paper was accepted for filing.

Criminal cases

Page 2 | Service

If a filing is not accepted or the system refuses it, the Clerk of Courts must immediately notify the presenting party of the presentation date, the refusal, and its reason.

If a legal paper is not accepted upon presentation for filing or is refused by the electronic filing system, the Clerk of Courts shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or was refused for filing by the system, and the reason.

Criminal cases

Page 2 | Service

Upon receiving a legal paper, the Clerk of Courts must acknowledge receipt to the filing party and include the date and time the electronic filing system received it.

Upon receipt of the legal paper, the Clerk of Courts shall provide the filing party with an acknowledgement, which includes the date and time the legal paper was received by the electronic filing system.

Criminal cases

Page 2 | Service

The annual continuing-education documentation must be provided before January 31 each year.

Every court reporter utilized by the Court of Common Pleas of Clarion County shall provide to the District Court Administrator before January 31 each year, documentation indicating the number of continuing professional education hours that the Court Reporter successfully completed for the preceding calendar year

Page 2 | Rule 4004. Qualifications of Court Reporters

Proof of requalification must be provided to the District Court Administrator every three years.

and shall provide to the District Court Administrator proof of their requalification every three years by completion of thirty (30) hours of continuing professional education properly certified or accredited by the National Court Reporters Association.

Page 2 | Rule 4004. Qualifications of Court Reporters

An omnibus pretrial motion is due within 30 days after arraignment, or within 30 days after the scheduled arraignment date if arraignment is waived.

Any omnibus pretrial motion shall be filed within thirty (30) days after arraignment, or if arraignment is waived within thirty (30) days after the date set for arraignment.

Criminal cases

Page 28 | Rule L.R.Crim.P. 579. Time for Omnibus Pretrial Motion and Service.

A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a waiver of arraignment in the clerk of courts office in the form prescribed by the court administrator.

A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a waiver of arraignment in the clerk of courts office in the form prescribed by the court administrator.

Criminal cases

Page 28 | Rule L.R.Crim.P. 571. Arraignment.

When a written arraignment waiver is filed before the scheduled arraignment date, that scheduled date counts as the arraignment date for computing specified pretrial filing deadlines and scheduling further dates.

If a written waiver of arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pretrial motion and requests pursuant to Pa.R.Crim.P. 572, 573, 578 and 579 and for the purpose of scheduling further dates pursuant to these rules.

Criminal cases

Page 28 | Rule L.R.Crim.P. 571. Arraignment.

The custodian must file the submitted exhibits and exhibit index within five business days after the proceeding concludes.

The custodian serving at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.

Page 2 | Rule 5102. Custody of Exhibits. General Provisions.

Upon receiving a legal paper, the Clerk of Courts must acknowledge receipt to the filing party and include the date and time received by the electronic filing system.

Upon receipt of the legal paper, the Clerk of Courts shall provide the filing party with an acknowledgement, which includes the date and time the legal paper was received by the electronic filing system.

Criminal cases

Page 2 | Service

The Clerk of Courts must notify the filing party when a legal paper is accepted for filing.

The Clerk of Courts shall also provide the filing party with notice that the legal paper was accepted for filing.

Criminal cases

Page 2 | Service

If a filing is not accepted or is refused by the electronic filing system, the Clerk of Courts must immediately tell the submitting party the presentation date, rejection or refusal, and reason.

If a legal paper is not accepted upon presentation for filing or is refused by the electronic filing system, the Clerk of Courts shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or was refused for filing by the system, and the reason.

Criminal cases

Page 2 | Service

A defendant or appearing attorney may submit an Application for Bail Supervision to the Adult Probation Office before the preliminary hearing.

Prior to a preliminary hearing, a defendant or an attorney who has entered his or her appearance on behalf of the defendant may submit an Application for Bail Supervision to the Adult Probation Office for processing.

Criminal cases

Page 20 | L.R. Crim. P. 527 Nonmonetary Conditions of Release on Bail

Service and Proof of Service Rules

Copies of original briefs must be served promptly on all parties of record or their counsel.

copies shall be served forthwith upon all parties of record or their counsel.

Civil cases

Page 9 | Rule L208.3(b)(3)(d)

The party placing a case on the trial list must promptly serve the Certificate of Readiness on other counsel; opposing counsel must file reasons opposing it within 20 days thereafter.

A party placing a case on the trial list shall forthwith serve a copy of the Certificate of Readiness upon all other counsel of record, who, if for any reason opposes such certification, shall within twenty (20) days thereafter file their reasons opposing the Certificate of Readiness for trial.

Civil cases

Page 10 | Rule L212.1(a)

A copy of the Certificate of Readiness must be served on counsel of record and unrepresented parties of record.

a copy of this Certificate has been served upon all counsel of record and upon all parties of record who are not represented by counsel

Civil cases

Page 11 | CIVIL TRIAL LISTING

Each party must submit its pre-trial statement to the court and other counsel of record.

Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth by PA.R.C.P. 212.2.

Civil cases

Page 12 | Rule L212.2 Pre Trial Statement

The party must provide the supplemental information to the court and other counsel.

he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, plot or plan as is required on the pre-trial statement set forth in PA.R.C.P. 212.2.

Civil cases

Page 12 | Rule L212.2 Pre Trial Statement

The prothonotary must serve each proposed-dismissal notice on counsel of record or, if a party is unrepresented, on that party at least 60 days before the proposed termination date.

The prothonotary shall serve notice of proposed dismissal for each case on the list to counsel of record and on the parties if not represented, at least sixty days prior to the date of proposed termination.

Civil cases

Page 15

The Prothonotary provides the plaintiff or petitioner a copy of the scheduling order for service on the defendant or respondent.

The court will schedule the conciliation conference at a court facility and the Prothonotary will provide a copy of a scheduling order to the plaintiff/petitioner for service on the defendant/respondent.

Civil cases

Page 20 | ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

The Court Administrator must distribute copies of the report to the listed recipients, including any appointed court-appointed special advocate.

distribute copies to the attorneys of record, unrepresented parties and Children & Youth Services, as well as the court-appointed special advocate if one is appointed.

Page 1 | ADMINISTRATIVE ORDER

Any party or attorney who declines to participate, 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.J.C.P. 1205.

Any party or attorney who declines to participate, 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.J.C.P. 1205.

Civil cases

Page 1 | PACFile

The Clerk of Courts and other parties must serve paper copies on parties or attorneys who decline or cannot use PACFile.

Any party or attorney who declines to participate, 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.J.C.P. 205.

Criminal cases

Page 1 | PACFile

The requesting party must provide copies of the formal request to the presiding judge, district court administrator, and opposing counsel or unrepresented opposing party.

The original request shall be filed in the appropriate filing office and the requesting party shall provide copies of the formal request to: (1) the judge presiding over the matter; (2) the district court administrator; and (3) opposing counsel or, if opposing party is not represented, to the opposing party

Page 3 | Rule 4007. Requests for Transcripts

For notices sent directly to criminal defendants, court administration or court staff must serve the notice and provide a copy to the clerk for filing.

When notices (not orders) are sent directly to criminal defendants, court administration and/or court staff shall be responsible for service and shall provide a copy of the notice to the clerk of courts for filing.

Criminal cases

Page 7 | Orders and Court Notices

When entering an appearance, an attorney must indicate whether service may be made through a designated courthouse mailbox and/or by facsimile.

(B)(3) When entering an appearance pursuant to Pa.R.Crim.P. 120, an attorney shall indicate whether service upon that attorney in the particular case will be permitted by the methods set forth in Pa.R.Crim.P. 114(B)(3)(a)(iv), relating to service in a designated courthouse mailbox, and/or Pa.R.Crim.P. 114(B)(3)(a)(vi), relating to service by facsimile, as provided in Form 120 of these rules.

Criminal cases

Page 7 | Orders and Court Notices

The clerk serves court orders unless the court directs the court administrator to do so; if the order lacks the required service notation when filed, the clerk must serve it.

(B)(2) The clerk of courts shall serve all court orders, unless the court directs the court administrator to make service. When the court directs the court administrator to make service, the person serving the order shall mark clearly on the order the date and upon whom it was served and shall place his or her initials on the order. If no such notation is marked on the order at the time it is filed with the clerk of courts, the clerk of courts shall serve it.

Criminal cases

Page 7 | Orders and Court Notices

A copy of a waiver of arraignment must be served on the district attorney pursuant to Pa.R.Crim.P. 576.

A copy of the waiver shall be served upon the district attorney pursuant to Pa.R.Crim.P. 576.

Criminal cases

Page 28 | Rule L.R.Crim.P. 571. Arraignment.

The original transcript request must be filed with the appropriate filing office, copies provided to the judge, district court administrator, and opposing counsel or unrepresented opposing party, and the administrator must deliver a copy to the responsible court reporter.

The original request shall be filed in the appropriate filing office and the requesting party shall provide copies of the formal request to: (1) the judge presiding over the matter; (2) the district court administrator; and (3) opposing counsel or, if opposing party is not represented, to the opposing party (4) the district court administrator shall determine which court reporter is responsible for the transcript requested and shall deliver a copy of the request to the appropriate court reporter.

Page 5 | Rule 4007. Requests for Transcripts

Any party or attorney who declines to participate, 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. 576.1.

Any party or attorney who declines to participate, 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. 576.1.

Criminal cases

Page 1 | PACFile

After giving the moving party 10 days' notice by regular mail, the responding party may move to dismiss if the moving party fails to file a required brief.

i. Moving Party's Failure If the moving party fails to file a brief in accordance with these rules, the responding party, after ten days notice by regular mail to the moving party's attorney or to the moving party if the moving party has no attorney, may file a motion requesting the court dismiss the pleading, motion or other paper which raises the issue before the court.

Civil cases

Page 8 | (3)(c) Failure to File Brief

Electronic service of legal papers is permitted in dependency proceedings under the rule’s terms.

The Clarion 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 in all dependency proceedings.

Civil cases

Page 1 | Electronic Filing

Service of the entry of appearance is permitted through the clerk’s assigned mailbox or by facsimile or other electronic means.

Service is permitted by the following means: € Assigned mailbox in the office of the clerk of courts € Facsimile or Other Electronic Means

Criminal cases

Page 9 | Entry of Appearance

Electronic service of legal papers is permitted under the rule’s terms.

The Administrative Office of Pennsylvania Courts and the Eighteenth Judicial District have agreed upon an implementation plan for electronic filing, as that term is defined in Pa.R.Crim.P. 576.1(C), in the Eighteenth Judicial District through the statewide system known as PACFile, effective December 21, 2022. The Clarion 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. In the context of this rule, “legal papers” which may be filed electronically do not include cases involving Domestic Relations, Protection from Abuse, Orphans’ Court, and Mental Health/Intellectual Disability.

Criminal cases

Page 1 | Electronic Filing

Filing Fees and Waivers

Should the court appoint a master on its own motion, the court shall direct in its order of appointment the party responsible for deposit of funds with the Prothonotary. No action will be taken by the master until such sums have been deposited.

Should the court appoint a master on its own motion, the court shall direct in its order of appointment the party responsible for deposit of funds with the Prothonotary. No action will be taken by the master until such sums have been deposited.

Civil cases

Page 21 | ACTION OF DIVORCE

The moving party must deposit $500 with the Prothonotary when filing a motion to appoint a master, and no master will be appointed until the deposit is made.

At the time of filing a motion for appointment of a master the moving party shall deposit Five Hundred Dollars ($500.00) with the Prothonotary as security for payment of master’s fees and costs. No master will be appointed until the Five Hundred Dollars ($500.00) has been deposited.

Civil cases

Page 21 | ACTION OF DIVORCE

If the preliminary conference does not resolve all issues, the master must order the moving party to deposit an additional $1,500; the evidentiary hearing may be scheduled only after the deposit is confirmed.

Should no resolution be reached at the preliminary conference, or if less than all the issues are resolved, the master shall forthwith order the moving party to deposit an additional One Thousand Five Hundred Dollars ($1500.00) with the Prothonotary, to be applied to master’s and stenographer’s fees. As soon as the additional One Thousand Five Hundred Dollars ($1500.00) has been deposited with the Prothonotary, the master shall schedule an evidentiary hearing and shall provide notice of the hearing as set forth in the Pennsylvania Rules of Civil Procedure. The master shall schedule an evidentiary hearing only after the master has ascertained that the additional funds have been deposited with the Prothonotary.

Civil cases

Page 21 | ACTION OF DIVORCE

Should the master at any time determine that the sum deposited with the Prothonotary is insufficient to provide for the services of the master and any stenographer required, the master shall move the court to order additional deposits unless the parties agree to such additional deposits. The master shall not be required to proceed further until such sum of additional deposits as ordered or agreed upon are made to the Prothonotary.

Should the master at any time determine that the sum deposited with the Prothonotary is insufficient to provide for the services of the master and any stenographer required, the master shall move the court to order additional deposits unless the parties agree to such additional deposits. The master shall not be required to proceed further until such sum of additional deposits as ordered or agreed upon are made to the Prothonotary.

Civil cases

Page 22 | ACTION OF DIVORCE

The parties must share mediation costs equally, and each must deposit their share with the court administrator at least seven days before mediation.

The cost of the mediation shall be paid equally by the parties and each party shall deposit his/her share with the court administrator not later than seven (7) days prior to date of the mediation.

Civil cases

Page 22 | MEDIATION IN CUSTODY ACTIONS

Criminal and juvenile defendants must be assessed a $100 Victim/Witness Coordinator Fee as part of their costs at sentencing or disposition.

AND NOW January 20, 2015, all criminal and juvenile defendants shall be assessed as part of their costs a Victim/Witness Coordinator Fee, which was originally established at Seventy-Five ($75.00) and is now increased to One Hundred Dollars ($100.00) at the time of their sentencing or disposition.

Page 4 | AMENDED ADMINISTRATIVE ORDER INCREASING THE VICTIM/WITNESS COORDINATOR FEE

The Victim/Witness Coordinator Fee is increased to $100 effective February 1, 2015.

The Administrative Order dated January 20, 2015 increasing the Victim/Witness Coordinator Fee from seventy-five dollars $75.00 to one-hundred dollars $100.00 is effective February 1, 2015.

Page 5 | AMENDED ADMINISTRATIVE ORDER INCREASING THE VICTIM/WITNESS COORDINATOR FEE

Applicable filing fees must be paid through the Clerk of Courts’ procedures, at the time and in the amount required by governing authority or the published 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.

Civil cases

Page 2 | Filing Fees

Applicable filing fees must be paid through the Clerk of Courts’ procedures, at the time and in the amount required by the governing statute, rule, order, 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.

Criminal cases

Page 2 | Filing Fees

The requester must pay a non-refundable deposit of 90% of the estimated transcript cost within 14 calendar days of notice, using an accepted check or money order payable to the County of Clarion and delivered to the district court administrator.

A non-refundable deposit in the amount of 90% of the estimated cost of the transcript shall be made by the requestor within fourteen (14) calendar days after the district court administrator has informed the requestor of the estimated cost. All deposits shall be made by money order, certified check or law firm check made payable to the “County of Clarion” and delivered to the district court administrator, who will deposit the check with the Clarion County Treasurer.

Page 3 | Rule 4007. Requests for Transcripts

An expedited paper transcript costs $3.75 unless a waiver is granted, and is available only if the court reporter can accommodate the request.

(A)(1)(2) Costs. The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Expedited: $3.75 (paper) Further, Expedited, Daily or Same Day transcripts are only available if the court reporter is able to accommodate such request.

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

An ordinary paper transcript costs $2.75 unless a waiver is granted; the listed cost applies to requesting parties other than the Commonwealth or its subdivisions.

(A)(1)(2) Costs. The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Ordinary: $2.75 (paper)

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

An electronic transcript copy costs $0.50.

$0.50 (electronic)

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

The requester must pay the transcript balance within 7 calendar days of notification by an accepted check or money order, and the transcript will not be filed or distributed until paid in full.

Upon notification to the requesting party that the transcript is completed and of the balance due, payment for the balance due shall be paid by money order, certified check or law firm check made payable to the County of Clarion and delivered to the district court administrator within seven (7) calendar days from the date of notification. The district court administrator will deposit payment with the Clarion County Treasurer and process payment to the court reporter. Original transcripts will not be filed nor copies distributed until the balance is paid in full.

Page 4 | Rule 4007. Requests for Transcripts

A same-day paper transcript costs $6.75 unless a waiver is granted, and is available only if the court reporter can accommodate the request.

(A)(1)(2) Costs. The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Same Day: $6.75 (paper) Further, Expedited, Daily or Same Day transcripts are only available if the court reporter is able to accommodate such request.

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

A paper transcript copy costs $0.75.

Fee schedule for COPIES: $0.75 (paper)

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

A daily paper transcript costs $4.75 unless a waiver is granted, and is available only if the court reporter can accommodate the request.

(A)(1)(2) Costs. The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Daily: $4.75 (paper) Further, Expedited, Daily or Same Day transcripts are only available if the court reporter is able to accommodate such request.

Page 4 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

Payment for transcript copies must be made by money order, certified check, or law firm check payable to the County of Clarion and delivered to the District Court Administrator at the established rates.

Payment for copies of transcripts shall be paid by money order, certified check or law firm check made payable to the County of Clarion and delivered to the District Court Administrator pursuant to the rates established in 4008(A)(1)(2).

Page 5 | Copies of transcripts

A reduction or waiver of costs for a non-ordinary transcript may be requested or granted only if the requesting party demonstrates extraordinary need.

No reduction or waiver of costs shall be requested or granted for any non-ordinary transcript unless the requesting party demonstrates extraordinary need.

Page 5 | Economic Hardship

Additional fees may be charged to cover request costs, and prepayment is required when expected compliance costs exceed $100.

Additional fees may be levied as necessary to cover costs incurred in fulfilling specific information requests. Pre-payment will be required if expected compliance costs exceed $100.

Page 1 | Note

The Victim/Witness Coordinator Fee is increased to $100 effective February 1, 2015.

The Administrative Order dated January 20, 2015 increasing the Victim/Witness Coordinator Fee from seventy- five dollars $75.00 to one-hundred dollars $100.00 is effective February 1, 2015.

Criminal cases

Page 31 | ORDER

Defendants in the listed categories are required to pay a $100 booking center fee.

any defendant who is: 1. placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L. 223, No. 64) known as The Controlled Substance, Drug, Device and Cosmetic Act 2. Receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of a crime under the following: (i) 18 Pa. C.S. § 106(a) (relating to classes of offenses). (ii) 75 Pa. C.S.§ 3735 (relating to homicide by vehicle while driving under the influence). (iii) 75 Pa.C.S. §3802 (relating to driving under influence of alcohol or controlled substance). (iv) A violation of the Controlled Substance, Drug, Device and Cosmetic Act. is required by the court to pay a booking center fee fund, which was originally established at Fifty Dollars ($50.00) and is now increased to One Hundred Dollars ($100.00)

Criminal cases

Page 32 | AMENDED ADMINISTRATIVE ORDER INCREASING BOOKING CENTER FEE

Qualifying booking center fee funds must be submitted to the County Treasurer as CA29 fees and designated accordingly for deposit into the Central Booking Center Fund.

Any booking center fee fund charged on a case that is disposed of at the Magisterial District Court Office and is not waived or otherwise transferred into Common Pleas Court, shall be submitted to the Treasurer of Clarion County as a CA29 fee. Upon submission of funds to the County of Clarion, the Magisterial District Court shall clearly indicate those funds designated as CA29 fees, so they may be properly deposited into the Central Booking Center Fund.

Criminal cases

Page 33

The booking center fund fee increased from $50 to $100 effective March 1, 2014.

AND NOW, January 22, 2014 the Administrative Order dated December 11, 2013 increasing the booking center fund fee to one-hundred dollars ($100) from fifty ($50) is effective as of March 1, 2014.

Criminal cases

Page 34 | IN RE: ADMINISTRATIVE ORDER AMENDING THE BOOKING CENTER FUND FEE TO $100 FROM $50

A requestor must pay a non-refundable deposit of 90% of the estimated transcript cost within 14 calendar days after notice of the estimate, using an accepted payment method, unless the requestor is the Commonwealth, its subdivision, or has in forma pauperis status.

A non-refundable deposit in the amount of 90% of the estimated cost of the transcript shall be made by the requestor within fourteen (14) calendar days after the district court administrator has informed the requestor of the estimated cost. All deposits shall be made by money order, certified check or law firm check made payable to the “County of Clarion” and delivered to the district court administrator, who will deposit the check with the Clarion County Treasurer. The provisions of this Local Rule regarding deposits and final payments shall not apply to a request for a transcript where the Commonwealth or any subdivision thereof is the requestor, or where the requestor has been granted in forma pauperis status.

Page 5 | Rule 4007. Requests for Transcripts

The requesting party must pay the transcript balance within 7 calendar days after notice of completion and the balance due; the transcript will not be filed or distributed until payment in full, except for the stated government and in forma pauperis exemptions.

Upon notification to the requesting party that the transcript is completed and of the balance due, payment for the balance due shall be paid by money order, certified check or law firm check made payable to the County of Clarion and delivered to the district court administrator within seven (7) calendar days from the date of notification. The district court administrator will deposit payment with the Clarion County Treasurer and process payment to the court reporter. Original transcripts will not be filed nor copies distributed until the balance is paid in full. (E) Reserved. (F) The provisions of this Local Rule regarding deposits and final payments shall not apply to a request for a transcript where the Commonwealth or any subdivision thereof is the requestor, or where the requestor has been granted in forma pauperis status.

Page 6 | Rule 4007. Requests for Transcripts

Transcript-copy payments must be made by money order, certified check, or law firm check payable to the County of Clarion and delivered to the District Court Administrator at the established rates.

Payment for copies of transcripts shall be paid by money order, certified check or law firm check made payable to the County of Clarion and delivered to the District Court Administrator pursuant to the rates established in 4008(A)(1)(2).

Page 7 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

A cost reduction or waiver for a non-ordinary transcript is available only if the requesting party demonstrates extraordinary need.

No reduction or waiver of costs shall be requested or granted for any non-ordinary transcript unless the requesting party demonstrates extraordinary need.

Page 7 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

Applicable filing fees must be paid under Clerk of Courts procedures, at the time and in the amount required by the governing statute, rule, order, or published 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.

Criminal cases

Page 2 | Filing Fees

The court sets court-appointed masters' standard hourly fees by order and may adjust the fee in matters involving complex legal or factual issues.

The standard hourly fee to be charged by court appointed masters shall be determined from time to time by order of court. In a matter involving complex issues of law or fact the court, in its discretion, may adjust the hourly fee paid to the master.

Civil cases

Page 21 | ACTION OF DIVORCE

Certification costs $1.00 per record, not per page, and does not include notarization fees.

Certification of a Record $1.00 per record (not per page) This does not include notarization fees.

Page 1 | FEE STRUCTURE

Photocopies cost $0.10 per page, whether the page is letter or legal size.

Photocopy $.10 per page, whether letter or legal

Page 1 | FEE STRUCTURE

The court may charge for copies it must make so a requestor can inspect redacted public records, using the stated fee structure, but may not charge for redaction itself.

Though there will be no charge for the redaction itself, the Clarion County Court of Common Pleas may charge for the copies it must make of the redacted material in order for the requestor to view the public record. The fee structure outlined above will then apply.

Page 1 | Inspection of Redacted Records

Postage is charged at actual cost.

Postage Actual Cost

Page 1 | FEE STRUCTURE

The court may charge requestors reasonable costs incurred to provide public access to financial records.

Pursuant to Rule 509(d) reasonable costs incurred in providing public access to financial records may be charged to the requestor.

Page 1 | FEE STRUCTURE

Before granting an access request, the court may require prepayment of an estimated fee if the expected fees exceed $100.

Prepayment: Prior to granting a request for access in accordance with Pa.R.J.A. 509, the Clarion County Court of Common Pleas may require a requester to prepay an estimate of the fees associated with the request, if the fees are expected to exceed $100.

Page 1 | Prepayment

If a requester obtains copies after inspecting the records, the court may not charge an additional fee.

If, after inspecting the records, the requester chooses to obtain the copies, no additional fee may be charged.

Page 1 | Inspection of Redacted Records

(i) fulfill the request, or if there are applicable fees and costs that must be paid by the requester, notify requester that the information is available upon payment of same;

(i) fulfill the request, or if there are applicable fees and costs that must be paid by the requester, notify requester that the information is available upon payment of same;

Page 2 | Procedure for Requesting Access

Reasonable costs of providing public access to records may be charged, including costs for postage, copying, electronic media, transmission, and duplication.

(1) [The Administrative Office may charge r]Reasonable costs incurred in providing public access to records may be charged pursuant to this rule. Such costs may include, but are not limited to, postage, photocopying, copying onto electronic media, transmission by facsimile or other electronic means, and other means of duplication.

Page 4 | Fees

Before granting access, the records manager may require prepayment of an estimated fee when the expected fees exceed $100.

(2) Prior to granting a request for access in accordance with this rule, the [Administrative Office] records manager may require a requester to prepay an estimate of the fees associated with the request, if the fees are expected to exceed $100.

Page 4 | Fees

The deposit and final-payment requirements do not apply when the requester is the Commonwealth, its subdivision, or a requester granted in forma pauperis status.

The provisions of this Local Rule regarding deposits and final payments shall not apply to a request for a transcript where the Commonwealth or any subdivision thereof is the requestor, or where the requestor has been granted in forma pauperis status.

Page 4 | Rule 4007. Requests for Transcripts

A trial judge may, at the judge’s discretion, impose a reasonable surcharge in unusually complex litigation when court reporters must significantly expand their dictionary.

A trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary. Such charges are at the discretion of the trial judge.

Page 5 | Additional Costs

An electronic copy of a transcript costs $0.50 for a requesting party other than the Commonwealth or its subdivisions, unless a waiver is granted.

The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Fee schedule for COPIES: $0.50 (electronic)

Page 6 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

An expedited transcript costs $3.75 in paper format for a requesting party other than the Commonwealth or its subdivisions, unless a waiver is granted.

The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Expedited: $3.75 (paper)

Page 6 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

A same-day transcript costs $6.75 in paper format for a requesting party other than the Commonwealth or its subdivisions, unless a waiver is granted.

The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Same Day: $6.75 (paper)

Page 6 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Fee schedule for COPIES: $0.75 (paper)

The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Fee schedule for COPIES: $0.75 (paper)

Page 6 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

An ordinary transcript costs $2.75 in paper format for a requesting party other than the Commonwealth or its subdivisions, unless a waiver is granted.

The costs payable by a requesting party, other than the Commonwealth of Pennsylvania or a subdivision thereof, unless a waiver is granted, shall be as follows: Ordinary: $2.75 (paper)

Page 6 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

Sealing & Redaction Procedures

When a requestor chooses to inspect a record containing non-public information, the court must redact that information.

Inspection of Redacted Records: If a requestor wishes to inspect rather than receive a copy of a record and that record contains non-public information, the Clarion County Court of Common Pleas shall redact the non-public information.

Page 1 | Inspection of Redacted Records

Counsel and unrepresented parties must follow Pennsylvania’s Public Access Policy and must not include confidential information in legal papers filed electronically or on paper.

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 whether filed electronically or in a paper format.

Civil cases

Page 2 | Confidential Information

Counsel and unrepresented parties must follow Pennsylvania’s Public Access Policy and must not include confidential information in legal papers filed electronically or on paper.

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 whether filed electronically or in a paper format.

Criminal cases

Page 2 | Confidential Information

Filing Bundling Requirements

A party with multiple digital exhibits may submit them together on one USB flash drive.

If one party has multiple digital exhibits, they may be submitted together on one USB flash drive.

Page 3 | Rule 5103. Custody of Exhibits. Special Provisions.

Pre-Motion Conference Requirements

The moving party's brief is due with its praecipe or, if it filed no praecipe, within 20 days after a responding party files one; reply briefs are due 20 days after the moving brief, subject to the stated transcript deadlines.

i. Moving Party's Brief If the moving party files a praecipe for argument, it shall file a brief simultaneously with the filing of the praecipe. If the moving party has not filed a praecipe for argument, the brief of the moving party shall be due twenty (20) days after any of the responding parties have filed a praecipe for argument. ii. Responding Party's Briefs A responding party's reply brief shall be due twenty (20) days after the filing of the moving party's brief. iii. Transcripts If a transcript has been demanded in the praecipe for argument, the moving party's brief will not be due until twenty (20) days after the requested transcript has been filed. If the transcript has been requested by a responding party, the responding parties will have at least twenty (20) days after the filing of the transcript to file a reply brief even in the event that the moving party files its brief sooner than twenty days after the filing of the transcript.

Civil cases

Page 8 | (3)(b) Filing and Service of Briefs

For a motion for judgment on the pleadings or summary judgment, the moving party must praecipe the matter for argument when filing the motion.

If the matter submitted, however, is a motion for judgment on the pleadings or a motion for summary judgment, the moving party must praecipe the matter for argument simultaneously with filing the motion.

Civil cases

Page 9 | Explanatory Comment

For a summary-judgment motion, the adverse party must respond within 30 days, and its brief cannot be due earlier than 30 days after the motion is filed so the response and brief may be filed together.

For the procedure to be followed with respect to the filing of Motions for Summary Judgment see Local Rule L208.3(b)(3). However, in accordance with Pa.R.C.P.1035.3, the adverse party must file a response within thirty days of the filing of the Motion For Summary Judgment, thus any brief to be filed by the adverse party shall not be due before thirty days following the filing of the Motion For Summary Judgment so that the response and brief may be filed simultaneously.

Civil cases

Page 16 | ACTIONS AT LAW

Issues submitted for argument are decided on briefs without oral argument unless the filer requests oral argument when filing the praecipe.

All issues raised for disposition by argument shall be considered and disposed of by the court on briefs without oral argument, unless at the time of filing the praecipe above provided, party or counsel filing the same shall request oral argument.

Civil cases

Page 8 | (3)(b) Filing and Service of Briefs

A party that fails to file a brief on schedule may be denied oral argument, in addition to other possible sanctions.

ii. If either party fails to file a brief in accordance with the time schedule set forth above, that party may be denied oral argument. (This sanction shall be in addition to any other sanction which may be imposed upon the party failing to file a brief as described in paragraph (3)(c) above.) (Failure to File Brief)

Civil cases

Page 9 | Rule L208.3(b)(3)(e)

ii. Responding Party's Failure If the responding party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief may be filed.

ii. Responding Party's Failure If the responding party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief may be filed.

Civil cases

Page 9 | Responding Party's Failure

After receiving notice of a preliminary objection, the plaintiff may immediately praecipe it for argument, requiring the defendant to file a brief within 20 days.

On the other hand, should the plaintiff, against whom a preliminary objection has been filed, wish to have the issue raised by the defendant's preliminary objection determined by the court as soon as possible, he may file a praecipe for argument immediately upon receiving notice that the defendant has filed a preliminary objection. In that case, the defendant, who is the moving party, would then be forced to file a brief within twenty days.

Civil cases

Page 10 | Explanatory Comment

If, however, the moving party does not praecipe the matter for argument, any responding party may then praecipe the matter and thereby force the moving party to file its brief within the time schedule.

If, however, the moving party does not praecipe the matter for argument, any responding party may then praecipe the matter and thereby force the moving party to file its brief within the time schedule.

Civil cases

Page 10 | Explanatory Comment

In cases other than motions for judgment on the pleadings or summary judgment, the moving party may praecipe the matter when it chooses, thereby triggering the briefing schedule.

In all other cases the moving party may praecipe the matter when it desires thereby triggering the briefing schedule.

Civil cases

Page 9 | Explanatory Comment

Adjournment & Extension Requirements

A motion for continuance must state the specific reason for the request and whether opposing counsel objects.

(a) All motions for continuances shall be in writing, shall be signed by counsel, shall set forth specifically the reason for the request, and shall contain a statement that opposing counsel either objects or does not object to the proposed continuance.

Civil cases

Page 13 | Rule L216 Motions For Continuance

Listed cases must be heard and disposed of within 60 days after the board is appointed, unless the court grants leave upon good cause shown.

Cases listed on said Arbitration Court List shall be heard and disposed of within sixty (60) days, from the date of appointment of the board, except by leave of court upon good cause shown.

Civil cases

Page 18 | Rule L1303 Hearing. Notice.

Continuance applications for mediation must be submitted in writing to the court, comply with Clarion County Rule L216, and be made at least seven days before the scheduled mediation.

All applications for continuance shall be made in writing to the court and shall follow Clarion County Rule L216. No requests for continuance shall be made less than seven (7) days prior to the scheduled mediation.

Civil cases

Page 22 | MEDIATION IN CUSTODY ACTIONS

A continuance motion must be written, signed by moving counsel or an unrepresented defendant, and state the specific reason for the request.

All motions for continuance shall be in writing and be signed by counsel for the moving party, or by an unrepresented defendant, and shall include a statement of the specific reason(s) for the request.

Criminal cases

Page 3 | Continuances

The continuance motion must state that opposing counsel or an unrepresented defendant was made aware, whether they object, and the reasons for any objection.

The motion shall include a statement that the opposing counsel or unrepresented defendant has been made aware of the motion and either does not object or does object to a continuance, and the reasons for any objection.

Criminal cases

Page 3 | Continuances

A motion for continuance requests details about the proceeding, its scheduling and prior continuances, the reason for the request, the other party’s position, the expected duration, and a request for the next available date; additional information and an order or notice are required for specified grounds.

1. This case is scheduled for ___ hearing, or ___ argument, or ___ other (describe proceeding) : _____________________________on ______________, ______, at __________ ___ m. before judge _________________. 2. The other party is represented by . 3. The proceeding was scheduled by order or notice dated ___________, ______. 4. The proceeding ___ has or ___ has not been previously continued. The party filing this motion has obtained a continuance ____ time(s). 5. A continuance is requested because: (If a continuance is requested because of a conflicting proceeding in another court, state: (1) the names of the parties, (2) the court; (3) the nature of the proceeding, (4) the date, time and expected duration of the proceeding, (5) the date of the order or notice scheduling the proceeding, (6) whether the party has moved for a continuance of that proceeding and the results of the motion, and (7) attach a copy of the order or notice. If a continuance is requested because of an unavailable witness, state: (1) the name of the witness, (2) the specific reason the witness is unavailable at the time scheduled, and (3) the length of time the witness will be unavailable.) 6. Check all that apply: (a) Opposing counsel or unrepresented defendant has been made aware of this motion and does not object. (b) Opposing counsel or unrepresented defendant has been made aware of this motion and does object for the following reason(s): (c) Opposing counsel or unrepresented defendant has not been made aware of this motion for the following reason(s): 7. The proceeding, when heard, will not exceed ___ hours or ____ days. 8. I specifically request a continuance to the next available date.

Criminal cases

Page 5 | Motion for Continuance

Dates on the Case Tracking Information Form are court orders and may be changed only with leave of court.

The dates established by the Case Tracking Information Form shall be deemed orders of court and may not be changed except by leave of court.

Criminal cases

Page 26 | Rule L.R.Crim.P. 552. Local Scheduling Procedures

A scheduled conference may be continued only by court order on a party’s written motion.

(4) A scheduled conference may not be continued until another date unless ordered by the court upon written motion filed by a party.

Criminal cases

Page 29 | Pretrial Conferences

The arbitrators may continue a hearing for cause shown, but must set a definite new date.

The arbitrators, for cause shown, may continue a hearing to a definite date fixed by them.

Civil cases

Page 18 | Rule L1303 Hearing. Notice.

For an otherwise acceptable supervised-bail candidate, the magisterial district judge may continue the preliminary hearing to allow time to produce an acceptable drug screen.

If a defendant is an otherwise acceptable candidate for supervised bail, the magisterial district judge may grant continuances of the preliminary hearing to allow the defendant time to produce an acceptable drug screen.

Criminal cases

Page 24 | Types of Release on Bail—Supervised Bail

A witness’s unavailability due to lack of notice and confirmation is not grounds for a trial continuance if the issue was not raised at the pretrial conference.

If he or she fails to raise the issue, then the unavailability of a witness due to lack of notice and confirmation of his or her availability shall not be grounds for a continuance of the trial.

Criminal cases

Page 27 | Pretrial Conferences

Chambers Communication Rules

Requests for copies of transcripts filed of record must be directed to the District Court Administrator, who alone produces the copies.

Any requests for copies of transcripts filed of record shall be directed to the District Court Administrator and shall be produced solely by the District Court Administrator.

Page 5 | Copies of transcripts

Requests for copies of transcripts filed of record must be directed to the District Court Administrator, who alone produces the copies.

Any requests for copies of transcripts filed of record shall be directed to the District Court Administrator and shall be produced solely by the District Court Administrator.

Page 7 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

If a rule or law prevents the court from ordering mediation orientation, the parties and their attorneys must notify the court at the conclusion of the conciliation conference.

In the event Pa.R.C.P. 1940.3(b) or another rule or law prevents the court from ordering a mediation orientation session, the parties and their attorneys shall so notify the court at the conclusion of the conciliation conference

Civil cases

Page 20 | ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

If the parties do not settle, they must notify the court before leaving the facility.

If the parties are unable to reach a settlement of the issues, they shall notify the court before leaving the court facility.

Civil cases

Page 20 | ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Contact the ADA Coordinator by phone, fax, or email to request a reasonable accommodation or an alternate-format form.

If you require a reasonable accommodation to complete this form, or need this form in an alternate format, please contact: Tami M. Kline, Assistant Court Administrator ADA Coordinator Clarion County Courthouse 421 Main Street, Suite 34 Clarion, PA 16214 Phone: (814)226-4000 ext. 2102 Fax: (814)226-1097 Email: tkline@co.clarion.pa.us

Page 1 | Americans with Disabilities (Title II) Act Grievance Procedure

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

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

The moving party's brief is due with its praecipe or, if it filed no praecipe, within 20 days after a responding party files one; reply briefs are due 20 days after the moving brief, subject to the stated transcript deadlines.

View ruleSource: page 8, section (3)(b) Filing and Service of Briefs

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

Court of Common Pleas of Clarion County, Pennsylvania's formatting rule includes file format PDF. Electronic filings must be in PDF format.

View ruleSource: page 1, section PACFile

What must be included with pleading filings in Court of Common Pleas of Clarion County, Pennsylvania?

Every pleading must include a cover sheet substantially in the form provided.

View ruleSource: page 5, section Rule L205.2(b) Form of Cover Sheet

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

The rule requires proposed order. The moving party must attach to every petition a proposed order substantially in the form prescribed by Pa.R.C.P. 206.6.

View ruleSource: page 6, section Rule L206.4(c) Rule to Show Cause

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

Requests for copies of transcripts filed of record must be directed to the District Court Administrator, who alone produces the copies.

View ruleSource: page 5, section Copies of transcripts

How does Court of Common Pleas of Clarion County, Pennsylvania handle sealed or redacted filings?

When a requestor chooses to inspect a record containing non-public information, the court must redact that information.

View ruleSource: page 1, section Inspection of Redacted Records

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

The request must include reason for request and adversary position. A motion for continuance must state the specific reason for the request and whether opposing counsel objects.

View ruleSource: page 13, section Rule L216 Motions For Continuance

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

A party with multiple digital exhibits may submit them together on one USB flash drive.

View ruleSource: page 3, section Rule 5103. Custody of Exhibits. Special Provisions.

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

A fee is required for covered filings. The moving party must deposit $500 with the Prothonotary when filing a motion to appoint a master, and no master will be appointed until the deposit is made.

View ruleSource: page 21, section ACTION OF DIVORCE

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

The Clerk of Courts must accept hard-copy legal papers, retain them as required, and convert eligible papers to PDF for the system.

View ruleSource: page 1, section Legal Papers

What filing deadlines does Court of Common Pleas of Clarion County, Pennsylvania set?

Counsel opposing a Certificate of Readiness must file their reasons within 20 days after it is served.

View ruleSource: page 10, section Rule L212.1(a)

What rule applies to serving all parties in Court of Common Pleas of Clarion County, Pennsylvania?

Details: recipient: all parties. Copies of original briefs must be served promptly on all parties of record or their counsel.

View ruleSource: page 9, section Rule L208.3(b)(3)(d)
Complete rules summary for Court of Common Pleas of Clarion County, Pennsylvania

Papers must be delivered to the prothonotary, who records the date and time received.

Papers filed with the prothonotary must be prepared for flat filing.

Every pleading must include a cover sheet substantially in the form provided.

The moving party must attach to every petition a proposed order substantially in the form prescribed by Pa.R.C.P. 206.6.

Every motion must include a statement of supporting legal authority, which may be a contemporaneous brief or, for routine noncomplex motions, part of the motion.

A motion represented as uncontested must include counsel’s certification that counsel conferred with all interested parties and the relief is uncontested.

A contested motion must include counsel’s certification that counsel conferred with all interested parties and the relief is contested.

A motion to compel discovery must have an attached order substantially in the specified form, including the discovery deadline and the procedure if the non-moving party objects.

For matters involving disputed issues of fact, the moving party must attach an order in the form prescribed by Pa.R.C.P. 208.4(b)(2).

A party may praecipe a law-only matter for argument at any time, but a motion for judgment on the pleadings or summary judgment must be accompanied by a praecipe filed simultaneously.

A praecipe for argument must substantially follow the stated form, including the matter and moving party, oral-argument and transcript requests, and certification that notice was given.

Issues submitted for argument are decided on briefs without oral argument unless the filer requests oral argument when filing the praecipe.

A party requesting oral argument must file a proposed order scheduling it with the praecipe.

The moving party's brief is due with its praecipe or, if it filed no praecipe, within 20 days after a responding party files one; reply briefs are due 20 days after the moving brief, subject to the stated transcript deadlines.

After giving the moving party 10 days' notice by regular mail, the responding party may move to dismiss if the moving party fails to file a required brief.

Copies of original briefs must be served promptly on all parties of record or their counsel.

ii. Responding Party's Failure If the responding party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief may be filed.

A party that fails to file a brief on schedule may be denied oral argument, in addition to other possible sanctions.

Counsel for at least one party must file a Certificate of Readiness in the prescribed form to place a case on the trial list.

The party placing a case on the trial list must promptly serve the Certificate of Readiness on other counsel; opposing counsel must file reasons opposing it within 20 days thereafter.

Counsel opposing a Certificate of Readiness must file their reasons within 20 days after it is served.

For a motion for judgment on the pleadings or summary judgment, the moving party must praecipe the matter for argument when filing the motion.

In cases other than motions for judgment on the pleadings or summary judgment, the moving party may praecipe the matter when it chooses, thereby triggering the briefing schedule.

If, however, the moving party does not praecipe the matter for argument, any responding party may then praecipe the matter and thereby force the moving party to file its brief within the time schedule.

After receiving notice of a preliminary objection, the plaintiff may immediately praecipe it for argument, requiring the defendant to file a brief within 20 days.

The party must provide the supplemental information to the court and other counsel.

The Certificate of Readiness includes a certification about discovery, availability, settlement negotiations, trial readiness, and service of a copy.

A copy of the Certificate of Readiness must be served on counsel of record and unrepresented parties of record.

Each party must submit a pre-trial statement to the court and other counsel three days before the conference, including the PA.R.C.P. 212.2 items and an estimate of the time needed for its case in chief.

The pre-trial statement is due three days before the scheduled pre-trial conference.

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

Sara J. Seidle-Patton
Judge