Court of Common Pleas of Clarion County, Pennsylvania Service and Proof of Service Rules

CRITICALCriminal cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Notice of proposed dismissal

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Transcript request

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.

CRITICAL

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

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

Applies to

Scheduling order

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

WARNINGCivil cases

Service

Mail to opposing party

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.

INFOCriminal cases

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

INFOCivil cases

Service

Electronic service

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.

INFOCriminal cases

Service

Electronic service

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.