Court of Common Pleas of Clearfield County, Pennsylvania Document Filing Requirements

CRITICALCivil cases

Applies to

Scheduling order

The scheduling order must state that the responding party has no more than 20 days from the Court's order to file a written response.

The scheduling order shall also provide that the responding party(s) shall have no more than twenty (20) days to file a written response from the date of the Court's order.

CRITICALCivil cases

Applies to

Appearance and defenses

A person wishing to defend must enter a written appearance and file defenses or objections in writing with the Court.

IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING _____ BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE MATTER SET FORTH AGAINST YOU.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

After service, file the Certificate of Service and proof of service with the Prothonotary.

When you have done this, the CERTIFICATE OF SERVICE MUST then be filed with the Prothonotary along with proof that the documents have been served.

CRITICALCivil cases

Applies to

Petition or motion

Written petitions and motions must precisely state the relief sought and cite the statute or procedural rule authorizing it.

Further, all Petitions and Motions in writing shall precisely state the relief which is being sought and shall cite any statute or procedural rule authorizing the grant of such relief.

CRITICALCivil cases

Applies to

Certificate of readiness

The Certificate of Readiness must certify that no motions are outstanding, discovery is complete, and the case is ready for trial, and must estimate the hearing time.

Upon receipt of a Certificate of Readiness, certifying there are no motions outstanding, discovery is completed and the case is ready for trial, the Office of the Court Administrator of Clearfield County shall select a date for arbitration which shall be sixty (60) to seventy-five (75) days from the date of filing of the Certificate of Readiness. The Certificate of Readiness shall also include the estimated time needed for the arbitration hearing.

CRITICALCivil cases

Applies to

Motion for summary judgment

Each motion for summary judgment must be filed with a scheduling order.

(a) all motions for summary judgment shall be filed with the Clearfield County Prothonotary along with a scheduling order

CRITICALCivil cases

Applies to

Rule staying a matter

A rule staying a matter may not be entered unless it contains counsel's certification of prior notice and the affected party or parties are given an opportunity to be heard consistent with the case's exigencies.

No rule shall be entered by the Court in which a matter is stayed unless said rule contains a certification by counsel for the moving party that prior notice of the presentation of the motion or petition has been given to the other party or parties or their counsel and all counsel of record, and the party or parties are given an opportunity to be heard consistent with exigencies of the case.

CRITICALCivil cases

Applies to

Bill of costs

A party seeking costs must file a bill of costs with the Prothonotary accompanied by an affidavit as to its correctness.

A party entitled to costs shall file a bill of cost, accompanied by an affidavit as to correctness, with the Prothonotary,

CRITICALCivil cases

Applies to

Application for relief

The moving party must file an income and expense statement, the most recent tax return, and six months of pay receipts with the application for relief.

(b) The moving party must file with the application for relief an income and expense statement, a copy of his or her most recent tax return and pay receipts for six (6) months prior to the date of his or her application.

CRITICAL

Applies to

Motion for contempt of a custody order

File the verification form with the contempt motion and either the original custody complaint or the current custody order.

File this form with the Prothonotary, along with the MOTION FOR CONTEMPT OF A CUSTODY ORDER, AND A COPY OF THE ORIGINAL COMPLAINT FOR CUSTODY, OR a copy of the CUSTODY ORDER currently in effect.

CRITICALCivil cases

Applies to

Certificate of readiness

A Certificate of Readiness on the prescribed form must be filed for covered civil cases to proceed to arbitration.

All civil cases, wherein the amount in controversy (exclusive of interest and costs) shall be Twenty Thousand ($20,000.00) Dollars or less shall be submitted to and be heard and decided by a Board of Arbitration consisting of three (3) members of the Clearfield County Bar Association upon the filing of a Certificate of Readiness on the form prescribed by these rules.

CRITICAL

Applies to

Petition for modification of custody order

The petition form must be completed in full and include a detailed reason for granting the petition.

Complete the PETITION FOR MODIFICATION OF A CUSTODY ORDER form in its’ entirety and include a detailed reason as to why this petition should be granted.

CRITICALCivil cases

Applies to

Post trial or post hearing motion or petition

A moving party whose post-trial or post-hearing argument refers to testimony must include a request for a transcript, or the desired portion of it.

The moving party in all post-trial motions and post-hearing motions or petitions shall, if argument thereon is to be with reference to the testimony, include a request for a transcript of the testimony, or such part thereof as the moving party desires to have transcribed for the purposes of such motion.

CRITICALCriminal cases

Applies to

Petition for limited access

The petition form requests the name and address of the judge who accepted the plea or heard the case and, if available, the affiant’s name and mailing address.

| List the name and address of the Court of Common Pleas, Magisterial District or Philadelphia Municipal Court Judge who accepted the guilty plea or heard the case: | List name and mailing address of the affiant as shown on the complaint, if available: | | | | | |

CRITICALCivil cases

Applies to

Petition to withdraw

A petition to withdraw must state whether any hearings or proceedings are scheduled in the case.

The Petition shall be served upon all other parties to the litigation or proceedings and must state if any hearings or proceedings are scheduled in the case.

CRITICALCivil cases

Applies to

Appearance praecipe

An attorney or party who does not sign a pleading or motion must enter an appearance by filing a written praecipe with the Prothonotary.

Appearance by attorneys or parties not signing pleadings or motions shall be made by a written praecipe filed with the Prothonotary.

CRITICAL

Applies to

Verification

A verification concerning criminal-record or abuse history for you and household members must be filed by the initial in-person court contact and no later than 30 days after service.

You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliator) but not later than thirty (30) days after service of the Complaint or Petition.

CRITICAL

Applies to

Divorce proceeding

Use 3301(d) forms when only one party is filing for divorce.

Use 3301(d) forms if only one party is filing for divorce

CRITICALCivil cases

Applies to

Notice of appeal

The appellant must file a Notice of Appeal with the Prothonotary.

(1) The Appellant shall pay an appeal fee as required by law and shall file with the Prothonotary a Notice of Appeal and shall serve a copy thereof upon the adverse party or opposing counsel;

CRITICALCivil cases

Applies to

Attorney appearance or pleading

An attorney's appearance or pleading must state a service address, telephone number, and email address.

Any appearance or pleading filed by an attorney must state an address at which pleadings and other legal papers can be served in the manner provided in Pa. R.C.P. 440 A.1. Said endorsement shall include a telephone number and the attorney's email address.

CRITICALCivil cases

Applies to

Recognizance bond

The appellant must file a recognizance bond with sufficient surety for twice the likely costs, conditioned on payment of all costs legally recoverable against the appellant.

(3) The Appellant shall file a recognizance bond with sufficient surety in double the amount of the costs likely to accrue, conditioned for the payment of all costs that may be legally recovered in such case against the Appellant;

CRITICAL

Applies to

Criminal record abuse history verification

A verification concerning criminal-record or abuse history must be filed for you and anyone living in your household.

You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household

CRITICALCivil cases

Applies to

Settlement conference memorandum

(2) Settlement conference memoranda shall include, but not be limited to a statement of facts, damages, stipulations desired, witnesses, negotiations, strength and weaknesses of each side of the case and any unusual law.

(2) Settlement conference memoranda shall include, but not be limited to a statement of facts, damages, stipulations desired, witnesses, negotiations, strength and weaknesses of each side of the case and any unusual law.

CRITICALCivil cases

Applies to

Points for charge

Each requested point for charge must cite supporting legal authority.

For each requested point for charge, Counsel shall cite legal authority in support of the requested point for charge.

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

A certificate of service must be filed within five days after the bill of costs is filed.

A certificate of service will be filed within five (5) days of the filing of the bill of cost.

CRITICALCivil cases

Applies to

Answer

The respondent's Answer must be verified, and any objection must be stated in the Answer rather than by Preliminary Objections or New Matter.

The respondent to whom the Rule to Show Cause is directed shall file and serve in the same manner as service is authorized by the Pennsylvania Rules of Civil Procedure (See Pa.R.C.P. 440) a verified Answer to the Petition or Motion at or before the time on the Return Day fixed in the Rule to Show Cause. Any objection shall be expressed in the Answer, and not by Preliminary Objections or New Matter.

CRITICALCivil cases

Applies to

Report and award

The report and award must be signed by all or a majority of the Board, and the Prothonotary must send copies to the parties or counsel and place it on the docket.

(a) Immediately following the hearing, unless a question of law arises which requires briefing in which case the award shall be filed no later than ten (10) days after the hearing, the Board of Arbitration shall file a report and award with the Prothonotary on the same day. The report and award shall be signed by all or a majority of the members of the Board. The Prothonotary shall mail or otherwise forward copies thereof to all parties or their counsel. The Prothonotary shall file the report and award on the docket of the case.

CRITICALCivil cases

Applies to

Motion or petition requesting ex parte action

Except for emergency matters and routine uncontested matters, a motion or petition requesting ex parte action must contain counsel's certification that prior notice of its presentation was given to the other parties and counsel of record.

Except for emergency matters and routine matters that are not contested, no motion or petition requesting ex parte action shall be heard by the Court unless the motion or petition contains a certification by counsel for the moving party that prior notice of its presentation has been given to the other party or parties and all counsel of record.

CRITICALCriminal cases

Applies to

Petition for limited access

The petition must include a Pennsylvania State Police Criminal History Report obtained within 60 days before filing unless the attorney for the Commonwealth waives the requirement.

I have attached a copy of my Pennsylvania State Police Criminal History Report obtained within 60 days before filing this petition. | | | | | | | | I have not attached a copy of my Pennsylvania State Police Criminal History Report because the attorney for the Commonwealth waives this requirement.

CRITICALCivil cases

Applies to

Settlement conference application

A party may apply in writing for a settlement conference, which the Court may list only if the stated prerequisites are met.

(a) In any action, the Court, on written application of any party, may list the case for a settlement conference if the following requirements are met: - (1) Praecipes for trial have been filed with the Prothonotary. - (2) All preliminary motions have been resolved. - (3) All counsel involved in the case agree to the submission of the case. - (4) All counsel agrees there is a reasonable chance of settlement. (5) All discovery has been completed.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must be filed with a scheduling order for the Court’s use.

(a) All motions for judgment on the pleadings shall be filed with the Clearfield County Prothonotary, along with a scheduling order for the Court's use.

CRITICAL

Applies to

Criminal record abuse history verification

Each new petition must include an updated Criminal Record / Abuse History Verification form for every person named in the case.

An updated version of this form must be included for every person named in the case, every time a new petition is filed.

CRITICAL

Applies to

Motion for contempt of a custody order

The contempt motion form must be completed in full and include a detailed reason for granting the motion.

Complete the MOTION FOR CONTEMPT OF A CUSTODY ORDER form in its’ entirety and include a detailed reason as to why this motion should be granted.

CRITICALCivil cases

Applies to

Court paper

Must include

caption, case number

Filed papers must contain a proceeding caption with the Court’s name and division, case number, parties’ names, proceeding title, and paper name.

No paper shall be filed in any office of the Court unless it is written in ink, clearly legible, printed or typewritten in print no smaller than pica, and double spaced; and contains the caption of the proceeding, including the name and division of the Court, identifying case number, the names of the parties, the title of the proceeding and the name of the paper.

CRITICALCivil cases

Applies to

Arbitration date notice

The arbitration-date notice must include a deadline for replying to acknowledge the date.

The Office of the Court Administrator of Clearfield County shall send notification to all counsel and/or pro se parties in the case, to verify they have no conflict with the arbitration date. Contact shall be made via regular USPS mail, and, in the case of pro se participants, also by USPS Certified mail with return receipt. Additionally, an e-mail can be sent to all parties that have provided their e-mail addresses. A deadline for reply as to acknowledgement of the arbitration date shall be included in the notice.

CRITICAL

Applies to

Civil case filing

A civil cover sheet is required when filing a civil case, except for custody and divorce cases.

Civil Cover Sheet (required for filing civil cases, NOT custody or divorce) (PDF)

CRITICALCivil cases

Applies to

Affidavit of publication

Affidavits of publication must be filed in the Office of the Prothonotary or Clerk.

Affidavits of publication shall be filed in the Office of the Prothonotary or Clerk.

CRITICALCivil cases

Applies to

Petition or motion

Petitions and motions must state their grounds with particularity.

All Petitions and Motions shall state with particularity the grounds on which they are based

CRITICALCivil cases

Applies to

Praecipe

A change in counsel must be evidenced by an appropriate praecipe filed with the Prothonotary.

All changes in counsel shall be evidenced by an appropriate praecipe filed in the office of the Prothonotary.

CRITICALCivil cases

Applies to

Pretrial order

At the conclusion of the pre-trial conference, the Court must enter an order specifying the jury-selection time, certain trial-start dates, and agreed stipulations or special agreements.

(g) The Court shall enter an order at the conclusion of the pre-trial conference setting forth the time of the selection of the jury, the days certain for the commencement of the trial, and any stipulations or any special agreements as to the case agreed upon by the parties.

CRITICALCriminal cases

Applies to

Petition for limited access

The petition must identify the charges as they appear on the charging document, state each charge’s disposition, and include additional sheets if necessary.

List specific charges, as they appear on the charging document, to be subject to limited access and the disposition of each charge (please attach additional sheet(s) of paper if necessary):

CRITICAL

Applies to

Divorce proceeding

Use 3301(c) forms when both parties agree to file for divorce.

Use 3301(c) forms if both parties agree to file for divorce;

CRITICALCivil cases

Applies to

Brief

Briefs must include a case history, the questions involved, pertinent materials or references, an argument with citations, a conclusion, and relevant court or agency opinions.

and shall contain: - (1) A history of the case. - (2) A statement of the question or questions involved. - (3) A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation, or order. - (4) An argument with citations of the authority relied upon. - (5) A conclusion. - (6) Opinions of Court or Agency involved.

CRITICAL

Applies to

Certificate of service

Attach the signed Green Return Receipt card to the certificate of service.

** Green ‘Return Receipt’ card, with recipient’s signature, must be attached to this document.

CRITICAL

Applies to

Petition for modification of custody order

File the verification form and petition with the Prothonotary, together with either the original custody complaint or the custody order currently in effect.

File this form with the Prothonotary, along with the PETITION FOR FOR MODIFICATION OF A CUSTODY ORDER, AND A COPY OF THE ORIGINAL COMPLAINT FOR CUSTODY, OR a copy of the CUSTODY ORDER currently in effect.

CRITICALCriminal cases

Applies to

Petition for limited access

The petition must state the reasons for the limited-access order and include additional sheets if necessary.

List the reason(s) for the order for limited access (please attach additional sheet(s) of paper if necessary):

CRITICALCivil cases

Applies to

Answer

An Answer must sufficiently deny alleged facts or those facts will be deemed admitted.

(j) All facts alleged in the Petition or Motion which has the notice set forth in Rule 206.0(i) attached and which are not sufficiently denied by an Answer shall be deemed admitted.

CRITICALCriminal cases

Applies to

Petition for limited access

The petition includes the petitioner’s averments that the case qualifies, no listed exceptions apply, and the petition’s facts are true and subject to the stated penalties.

I, the undersigned petitioner, aver that above case qualifies for a limited access order and none of the exceptions under 18 Pa.C.S. § 9122.1(b) are applicable. I, the undersigned petitioner, aver that the facts set forth in this petition are true and correct to the best of my personal knowledge or information and belief, and are made subject to the penalties of unsworn falsification to authorities under 18 Pa.C.S § 4904.

CRITICALCivil cases

Applies to

Praecipe

A status conference must be requested by filing a Praecipe and providing a copy to the Court Administrator and opposing counsel or party.

Status conference shall be requested by filing a Praecipe for the same and providing a copy to the Court Administrator and opposing counsel (or party).

CRITICALCivil cases

Applies to

Pre trial statement

A Pre-Trial Statement must include a brief statement of the facts or defense, applicable legal citations, a witness list, and a statement of damages with copies of bills the party intends to offer.

(b) The Pre-Trial Statement shall consist of the following: - (1) a brief statement of the facts of the case and/or the defense being asserted; - (2) citation to any applicable statutes or cases; - (3) a list of the witness to be called; and - (4) a statement of damages and copies of those bills which each party intends to offer.

CRITICAL

Applies to

Petition for modification of custody order

The petition must use the same plaintiff and defendant names and docket number as the existing custody complaint.

A PETITION FOR MODIFICATION OF A CUSTODY ORDER is filed based upon an existing COMPLAINT FOR CUSTODY. The names of the Plaintiff(s) and Defendant(s), and the Docket Number must remain the same as listed on the existing Complaint for Custody.

CRITICAL

Applies to

Order of court form

The petitioner must complete only the first page of the Order of Court form.

Petitioner must complete the first page only:

CRITICALCivil cases

Applies to

Settlement conference information

Counsel must submit the listed case, counsel, insurance, and policy information to prepare the settlement-conference list.

(d) In order to expedite the preparation of the settlement conference list, counsel are required to submit the following information: - (1) Caption of case and number. - (2) Companion case, if any; and number. - (3) Date praecipe for trial was filed. - (4) Names of all counsel involved in case. - (5) Names of insurance carriers. - (6) Names of insurance company representatives who attend conference. - (7) Policy limits of applicable insurance, if any.

CRITICALCivil cases

Applies to

Letter

Plaintiff's counsel or the Plaintiff must send the Master a letter confirming that an independent court reporter has been obtained at least ten days before the hearing.

No less than ten (10) days prior to the Master's Hearing, counsel for the Plaintiff (or the Plaintiff) shall, by letter, confirm to the Master that the Plaintiff has obtained an independent court reporter for the Master's Hearing.

CRITICALCivil cases

Applies to

Inventory and appraisal

The parties must file and exchange the Inventory and Appraisal at the time designated by the Court or the Master.

(c) At such time as designated by the Court or the Master, the parties shall file and exchange Inventory and Appraisal,

CRITICAL

Applies to

Certificate of service

The Certificate of Service must be signed, dated, and filed with the Prothonotary.

This document must be signed, dated, and filed with the Prothonotary before any further action can be taken regarding the petition

CRITICAL

Applies to

Petition for modification of custody order

Attach a true and correct copy of the existing custody order to the petition.

a true and correct copy of which is attached.

CRITICALCivil cases

Applies to

Petition or motion

Petitions and motions under Pa.R.C.P. 1017(b), 1034, and 1509, as well as all other motions, must be filed with the Prothonotary.

(iii) Petitions and Motions authorized by Pa.R.C.P. 1017(b) (Preliminary Objections), 1034 (Summary Judgment) and 1509 (Preliminary Objections) shall be filed with the Prothonotary. All other motions shall also be filed with the Prothonotary.

CRITICALCivil cases

Applies to

Bar admission petition

An applicant must submit a Bar admission petition presented by a member of the Bar that establishes the listed admission qualifications.

Admission to the Bar of this Court shall be by petition of the applicant, presented by a member of this Bar, which petition shall show: (1) that the applicant has been admitted to the Bar of the Supreme Court of Pennsylvania: (2) that he is a person of good moral character; and (3) either that he is a bona fide resident of Clearfield County or that he maintains his principal office for the practice of law in Clearfield County.

CRITICALCivil cases

Applies to

Counsel withdrawal

Appearances of counsel may not be withdrawn, except by: (i) Substitution of counsel by means of praecipe endorsed by each substituted attorney and the withdrawing attorney. (ii) Leave of Court, in which case, a Rule to Show Cause shall be issued to the client represented by the

Appearances of counsel may not be withdrawn, except by: (i) Substitution of counsel by means of praecipe endorsed by each substituted attorney and the withdrawing attorney. (ii) Leave of Court, in which case, a Rule to Show Cause shall be issued to the client represented by the

CRITICAL

Applies to

Criminal record abuse history verification

Complete the verification form for yourself and all household members, and include an updated form for every person named in the case with each new petition.

Complete the CRIMINAL RECORD / ABUSE HISTORY VERIFICATION form for you and all household members. An updated version of this form must be included for every person named in the case, every time a new petition is filed.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must be filed with a scheduling order for the Court’s use; this rule does not apply to family law or eminent domain actions.

(a) Preliminary Objections shall be filed with the Clearfield County Prothonotary, along with a scheduling order for the Court's use. (e) This rule shall not apply to family law matters or actions pursuant to the eminent domain code of 1960.

CRITICALCivil cases

Applies to

Praecipe for trial

A party may file a trial-list praecipe only with a certificate stating the required discovery and motion status, trial type, and notice to the other parties.

Either party may file a praecipe to list the case for trial upon filing the following certificate: - (1) that no motions are outstanding and that discovery has been completed and the case is ready for trial; or - (2) that no motions are outstanding and that an order of the Court has been entered limiting the discovery to a period ending more than thirty (30) days prior to the filing of the praecipe; and - (3) whether the case is to be heard jury or non-jury; and - (4) that notice of the praecipe has been given to the attorney or attorneys representing the other parties.

CRITICALCivil cases

Applies to

Pretrial statement

The pre-trial statement must list proposed stipulations or special arguments that would simplify the trial.

- (10) A list of proposed stipulations or special arguments which would simplify the trial of the case.

CRITICALCivil cases

Applies to

Affidavit

The appellant must file an affidavit with the Prothonotary certifying that the appeal is not for delay and is believed to be necessary because an injustice has been done.

(2) The Appellant shall file an affidavit with the Prothonotary certifying that the appeal is not taken for delay, but because it is believed that an injustice has been done;

CRITICAL

Applies to

Verification

A verification about your and household members’ criminal records or abuse history must be filed by the initial in-person contact with the Court, and no later than 30 days after service of the Complaint or Petition.

You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliator) but not later than thirty (30) days after service of the Complaint or Petition.

CRITICAL

Applies to

Scheduling order

Complete only the first page of the scheduling order and leave the second page blank for the judge or court administrator.

On the [scheduling] ORDER OF COURT, complete all information on the first page only. Leave the second page blank; the Judge or Court Administrator will complete this section.

CRITICALCivil cases

Applies to

Pleading

Pleadings must identify the filing party and provide that party’s contact information; attorney-filed pleadings must also provide the attorney’s and firm’s names and contact information.

All pleadings shall be endorsed with the name of the party filing the pleading, the party's complete address, telephone number, fax number and email address. In the case of a pleading filed by an attorney said pleading shall be endorsed with the full name of the attorney, the name of the firm, the complete address of the firm, telephone number, fax number and email address.

CRITICALCivil cases

Applies to

Points for charge

Points for charge must be provided to the Court before closing arguments.

Points for charge shall be provided to the Court prior to closing arguments of counsel.

CRITICALCivil cases

Applies to

Brief

A brief may be lodged or filed only when the Court expressly directs the parties to do so.

No brief shall be lodged or filed with the Court unless the Court expressly directs the parties to do so.

CRITICALCriminal cases

Applies to

Limited access order

The order states that the information required under Pa.R.Crim.P. 791 must appear on attached pages incorporated into the order by reference.

The information required under Pa.R.Crim.P. 791 appears on the attached page(s) which is hereby incorporated into this ORDER by reference.

CRITICALCivil cases

Applies to

Court document

All documents filed in a court office must be endorsed with the filing day and exact time; absent fraud, accident, or mistake, that endorsement is conclusive evidence of the filing date and time.

All documents filed in any office of the Court shall be endorsed with the day and exact time of filing, which endorsement, in the absence of fraud, accident or mistake shall be conclusive evidence of such date and time of filing.

CRITICAL

Applies to

Certificate of service

The certificate of service must be signed, dated, and filed with the Prothonotary.

* Document must be signed, dated, and filed with the Prothonotary.

CRITICALCivil cases

Applies to

Application for relief

An application filed by complaint or counterclaim must include a Rule to Show Cause endorsement; an application filed by petition must follow the practice in Rule 206.1 et seq.

(c) If the application is filed by complaint or counterclaim, the complaint or counterclaim must be endorsed with a Rule to Show Cause as provided in Rule 206.1(h)(i). If the application for relief is filed by petition, the moving party shall follow the practice set forth in Rule 206.1 et. seq.

CRITICALCivil cases

Applies to

Court paper

Every paper filed by an attorney must be endorsed with the attorney’s name, address, and I.D. number.

All papers filed shall be endorsed with the name, address and I.D. number of the attorney filing it

CRITICALCivil cases

Applies to

Order issuing rule to show cause

The Order for the issuance of a Rule to Show Cause shall be in the following form: Now this ___ day of _____, 20__, upon consideration of the attached petition, a Rule is hereby issued upon _____ to Show Cause why the Petition should not be granted with written response to be filed within no more than twenty (20) days from the date of this Order. - 1. Pre-trial conference with the Court is hereby scheduled on the ___ day of _____, 20__ at the Clearfield County Courthouse, in Judge's Chambers.

The Order for the issuance of a Rule to Show Cause shall be in the following form: Now this ___ day of _____, 20__, upon consideration of the attached petition, a Rule is hereby issued upon _____ to Show Cause why the Petition should not be granted with written response to be filed within no more than twenty (20) days from the date of this Order. - 1. Pre-trial conference with the Court is hereby scheduled on the ___ day of _____, 20__ at the Clearfield County Courthouse, in Judge's Chambers.

CRITICAL

Applies to

Petition for contempt of a custody order

The contempt petition must have a true and correct copy of the custody order attached.

a true and correct copy of which is attached.

CRITICALCivil cases

Applies to

Pretrial statement

The pre-trial statement must include an estimate of the time required to try the case.

- (9) An estimate of the length of time which will be required to try the case.

CRITICALCivil cases

Applies to

Petition or motion

An attorney of record who signs a petition or motion certifies that it has been read, has good grounds to support it, and is not filed merely for delay.

The signing of a Petition or Motion by the attorney of record shall constitute a certification that he or she has read the Petition or Motion and that to the best of his or her knowledge, information and belief, there are good grounds to support it and that it is not interposed merely for delay.

CRITICALCivil cases

Applies to

Motion

Motions must not include exhibits already filed in the record.

No motion shall contain exhibits which are already filed of record.

CRITICALCivil cases

Applies to

Proposed decree

In an equity case where judgment is entered upon default or admission, the plaintiff must submit a proposed decree for the Court's consideration when it enters the decree.

In all equity cases in which a judgment is entered upon default or admission, the plaintiff shall submit to the Court a proposed decree for the Court's consideration when entering the appropriate decree.

CRITICALCivil cases

Applies to

Motion to strike case from trial list

A motion to strike a case from the trial list must state whether the other party complied with subsection (a).

Such motion shall: - (1) set forth whether the other party has complied with subsection (a) of this rule;

CRITICALCivil cases

Applies to

Pretrial statement

After the pre-trial conference, parties generally may use only witnesses and materials listed or appended to the pre-trial statement, subject to court permission; after trial begins, rebuttal or special leave is required for unlisted items.

(f) Once a pre-trial conference has been held, a party shall not have the right to call any witness where the witness was not listed in the pre-trial statement, to call an expert witness where the report was not appended to the pre-trial statement, or to present any exhibit, photograph, plot or plan not listed or appended in the pre-trial statement unless application is made to the Court setting forth the reasons the witness, the report, the exhibit, photograph, plot or plan was not listed or appended to the pre-trial statement and after argument, the Court, in the exercise of its discretion, permits the use of said witness, report, exhibit, photograph, plot or plan at trial. Once the trial commences, no witness, exhibit, photograph, plot or plan shall be used by either party, except as rebuttal, unless they were listed in the pre-trial statement or their use has been authorized by special leave of court.

CRITICALCriminal cases

Applies to

Limited access order information

1. Petitioner's Name: 2. Alias(es): 3. Petitioner's Address: 4. Petitioner's Date of Birth: _____ 5. Petitioner's Social Security Number: _____ 6. Name and address of the Court of Common Pleas, Magisterial District or Philadelphia Municipal Court Judge who accepted the guilty plea or heard the case: 7. Name and address of the affiant as shown on the complaint, if available: 8. Magisterial District Court or Philadelphia Municipal Court Number: 9. The Court of Common Pleas docket number: 10. Offense Tracking Number (OTN): 11. The date on complaint, or the date of arrest, and if available, the criminal justice agency that made the arrest: 12. The specific charges, as they appear on the charging document, to be subject to limited access and applicable dispositions (attach additional sheets if needed): 13. If the sentence includes restitution, and/or the fee authorized to carry out limited access, whether these amounts have been paid: 14. This case qualifies for a limited access order and none of the exceptions under 18 Pa.C.S. § 9122.1(b) are applicable. 15. The reason(s) for this order for limited access: 16. The criminal justice agencies upon which certified copies of the order shall be served:

1. Petitioner's Name: 2. Alias(es): 3. Petitioner's Address: 4. Petitioner's Date of Birth: _____ 5. Petitioner's Social Security Number: _____ 6. Name and address of the Court of Common Pleas, Magisterial District or Philadelphia Municipal Court Judge who accepted the guilty plea or heard the case: 7. Name and address of the affiant as shown on the complaint, if available: 8. Magisterial District Court or Philadelphia Municipal Court Number: 9. The Court of Common Pleas docket number: 10. Offense Tracking Number (OTN): 11. The date on complaint, or the date of arrest, and if available, the criminal justice agency that made the arrest: 12. The specific charges, as they appear on the charging document, to be subject to limited access and applicable dispositions (attach additional sheets if needed): 13. If the sentence includes restitution, and/or the fee authorized to carry out limited access, whether these amounts have been paid: 14. This case qualifies for a limited access order and none of the exceptions under 18 Pa.C.S. § 9122.1(b) are applicable. 15. The reason(s) for this order for limited access: 16. The criminal justice agencies upon which certified copies of the order shall be served:

CRITICALCivil cases

Applies to

Pre trial statement

Each party’s pre-trial statement must include the specified facts, anticipated evidentiary and legal issues with supporting authority, witness information, medical and expert reports, special damages, exhibit list, and proposed photographs or plans.

(e) One week before the date set for the pre-trial conference each party shall file a pre-trial statement with the Prothonotary containing the following: - (1) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence anticipated with respect to proof of such facts. - (2) A statement of any unusual question of law anticipated with respect to the issues in the case. All such questions shall be presented with a statement of authority supporting the position taken with respect to such unusual questions of law. - (3) A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses. - (4) Medical reports of any doctor who treated, examined or was consulted in connection with the injuries complained of, and who may be called as a witness. - (5) The reports of any expert whose opinion will be offered in evidence at the time of trial. Such report shall include the findings and conclusions of the expert. - (6) A list of all items of special damages which the party intends to prove, including medical bills, property damage bills (or estimates if there are no bills) and loss of earnings. Claims for loss of earnings shall set forth the names of employers, dates of absences and rates of pay. If the party is self-employed, information which forms the basis for the loss of income attributable to the injuries shall be supplied. - (7) A list of exhibits which the party may use at trial. - (8) A copy of any photographs, plan or plot proposed to be introduced into evidence.

CRITICALCivil cases

Applies to

Response

By the Court-set return date, the responding party must file an income and expense statement, the most recent tax return, and six months of pay receipts preceding the response.

(d) The responding party must file an income and expense statement, a copy of his/her most recent tax return and pay receipts for six (6) months preceding the date of his/her response by the return date set by the Court.

CRITICAL

Applies to

Petition for modification of custody order

Must include

caption, case number

The petition must use the same plaintiff and defendant names and docket number as the existing custody complaint.

A PETITION FOR MODIFICATION OF A CUSTODY ORDER is filed based upon an existing COMPLAINT FOR CUSTODY. The names of the Plaintiff(s) and Defendant(s), and the Docket Number must remain the same as listed on the existing Complaint for Custody.

CRITICALCivil cases

Applies to

Brief

Briefs must be lodged with the Court Administrator.

All briefs shall be lodged with the Court Administrator

WARNINGCivil cases

Applies to

Brief

Briefs are required only if directed by the Court, and this rule does not apply to family law or eminent domain actions.

(d) No briefs shall be required from any party unless the Court directs the filing of briefs which shall be lodged with the Court Administrator on or before the due date specified by the Court. (e) This rule shall not apply to family law matters or actions pursuant to the eminent domain code of 1960.

WARNING

Applies to

Forms and documents

File the original and two copies of all forms and documents with the Prothonotary.

The original and two copies of all forms and documents are filed with the Prothonotary.

WARNING

Applies to

Order of court

The petitioner must complete only the first page of the order form.

Petitioner must complete the first page only:

WARNINGCivil cases

Applies to

Notice to defend

The Notice to Defend must identify the Court Administrator and provide the listed address and telephone number as a source of legal help.

The person, to be named in the Notice to Defend, from whom legal help can be obtained is: COURT ADMINISTRATOR Clearfield County Courthouse 230 East Market Street Clearfield, PA 16830 (814)765-2641 ext. 5010

WARNING

Applies to

Scheduling order

Complete only the first page of the scheduling order and leave the second page blank for the court to complete.

On the [scheduling] ORDER OF COURT, complete all information on the first page only. Leave the second page blank; the Judge or Court Administrator will complete this section.

WARNINGCivil cases

Applies to

Praecipe for trial

If the Court strikes an action from the trial list for the stated noncompliance, a party must file a praecipe for trial to have the case listed again unless the Court orders otherwise.

(c) In the event the Court strikes the action from the trial list for failure to comply with subsection (a)(1) or (2) of this rule, the case will not be listed unless one of the parties files a praecipe for trial, or the Court orders that the case be listed for trial.

WARNINGCriminal cases

Applies to

Petition for limited access

The petition form asks whether any restitution and/or fee authorized to carry out limited access has been paid.

If the sentence includes restitution and/or the fee authorized to carry out limited access, have these amounts been paid? Yes No

WARNINGCivil cases

Applies to

Pre trial statement

A party that does not timely file a Pre-Trial Statement generally may not call unlisted witnesses or present unlisted exhibits and other materials, unless the party explains the late filing in an application and the Court permits it in its discretion.

(c) In the event no Pre-Trial Statement is filed for a party within at least seven (7) days prior to the date of arbitration, that party shall not have the right to call any witness or present any exhibit, photograph, plot or plan not listed or appended in the Complaint or in the parties pleadings or Pre-Trial Statement, unless application is made to the Court setting forth the reasons a Pre-Trial Statement was not filed and, after consideration by the Court, the Court in the exercise of its discretion permits the late filing of the Pre-Trial Statement.

WARNINGCivil cases

Applies to

Potential arbitrator list notice

The potential-arbitrator list communication must request a written reply by a specified date identifying one potential arbitrator the participant wishes to strike.

The Office of the Court Administrator of Clearfield County shall send the list of potential members of the Board of Arbitrators to counsel and/or pro se participants, via regular mail or e-mail, if e-mail addresses are available, requesting a reply in writing by a date certain as to name of one potential arbitrator that counsel and/or the pro se participant wishes to strike from the Board.

WARNINGCivil cases

Applies to

Written agreement

With Court approval, a civil case may be referred to arbitration by a written agreement signed by all parties or their counsel.

Any civil case, regardless of the amount in controversy, upon approval of the Court, may be referred to a Board of Arbitration, by written agreement signed by all parties or their counsel.

INFOCivil cases

Applies to

Complaint counterclaim or petition

A party may seek alimony pendente lite, counsel fees, costs, and expenses by filing a count in a complaint or counterclaim, or by filing a petition.

(a) Any party may file a count in the complaint, a counterclaim or petition for alimony pendente lite, counsel fees, costs and expenses.

INFOCivil cases

Applies to

Praecipe

Either party may request appointment of a Master in Divorce by filing a Praecipe with the record.

(a) Either party may request the appointment of a Master in Divorce by filing a Praecipe with the record.