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Court Rules

Court of Common Pleas of Elk County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Adjournments

  • A party who believes the allotted argument time is insufficient must contact the Court Administrator's office in writing to request a continuance and reschedule sufficient argument time.
  • If the allotted hearing time is not reasonably sufficient, counsel or a self-represented party must contact the Court Administrator’s office in writing to request a continuance.
  • A hearing may not be continued to a date more than 180 days after appointment unless good cause exists.
  • +3 more

Request must include

Reason for RequestAdversary Position

Communication

Phone
(814) 776-6144
Filters:

Document Format Requirements7 rules

FormattingMandatoryCivil cases

All papers and documents consisting of more than one page shall be fastened or stapled on the top.

Elk-and-Cameron-Counties-local-rules-2025 · p. 2
|SectionRule L205.2(a) Pleadings and Other Legal Papers
FormattingMandatoryCivil cases

All complaints for custody, partial custody and visitation are to be filed with the appropriate county Prothonotary and shall be substantially in the form prescribed in Pa.R.C.P. 1915.15 and 1915.16.

Elk-and-Cameron-Counties-local-rules-2025 · p. 15
|SectionRule L1915.3 Custody and Visitation. Commencement of Action
FormattingMandatoryCivil cases

The complaint for custody, partial custody and visitation or a petition to modify custody shall be in the form prescribed by Pa.R.C.P. 1915.15.

Formatting

  • Must be in the form prescribed by Pa.R.C.P. 1915.15.
Elk-and-Cameron-Counties-local-rules-2025 · p. 16
|SectionRule L1915.15 Complaint. Caption. Order
FormattingMandatoryCivil cases

(b) The custodian or designee shall prepare the Index of Exhibits during the court proceedings on a form supplied by Court Administration.

Elk-and-Cameron-Counties-local-rules-2025 · p. 21
|SectionRule 5102. General Provisions
FormattingMandatoryCivil cases

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

Elk-and-Cameron-Counties-local-rules-2025 · p. 22
|SectionRule 5103. Special Provisions
FormattingMandatoryCivil cases

(1) These non-documentary exhibits must be photographed by the proponent, converted to a letter-sized document (8-1/2 x 11 inches), and appropriately marked and produced during the court proceeding for inclusion in the documentary record. Photographs must be color photographs unless otherwise directed by the Court.

Paper size
Letter
Elk-and-Cameron-Counties-local-rules-2025 · p. 22
|SectionRule 5103. Special Provisions
FormattingImportantCivil cases

The proponent must present document evidence in a size and material compatible with filing and storage; for difficult-to-store oversized or undersized exhibits, the records office may request alternate storage measures, including proponent custody under Rule 5103.

Court's wording

(c) The proponent shall assure that document evidence is in a formant, including size and material, that is compatible with being filed and easily stored by the records office. If, due to the nature of the proceeding and the requirement that an oversized or undersized document exhibit be entered into evidence that is not easily capable of storage by the records office, then the records office may request that alternate measures be undertaken for storage of this document evidence, including that the proponent retain custody in conformance with Rule 5103 for physical evidence.

Elk-and-Cameron-Counties-local-rules-2025 · p. 21
|SectionRule 5102. General Provisions

Document Filing Requirements45 rules

Filing RequirementsMandatoryCivil cases

The required number of photocopies and a self-addressed postage-paid mailing envelope must accompany requests for returning certified copies of pleadings to the filing party.

Elk-and-Cameron-Counties-local-rules-2025 · p. 2
|SectionRule L205.2(a) Pleadings and Other Legal Papers
Filing RequirementsMandatoryCivil cases

The first page of any pleading filed, except a pleading requiring a Notice to Defend, shall be an identification sheet, setting forth the following information and typed according to the format presented in Appendix A.

Document
Pleading
Placement
First page
Elk-and-Cameron-Counties-local-rules-2025 · p. 2
|SectionRule L205.2(a) Pleadings and Other Legal Papers
Filing RequirementsMandatoryCivil cases

Petitions shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the hearing.

Document
Petition

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

All petitions, which allege facts not of record, must be verified and shall be endorsed with a notice to plead.

Filing RequirementsMandatoryCivil cases

A rule to show cause must strictly comply with Pa.R.C.P. 206.4.

Elk-and-Cameron-Counties-local-rules-2025 · p. 4
|SectionRule L206.4(c) Rule to Show Cause
Filing RequirementsMandatoryCivil cases

The proposed order scheduling a hearing on the petition shall include the phrase “ hour(s) is allotted for the hearing.”

Filing RequirementsMandatoryCivil cases

A proposed order of court in the form prescribed by Pa.R.C.P. 206.5 shall be attached to the petition for a rule to show cause.

Document
Petition

Must include

  • Proposed order
Elk-and-Cameron-Counties-local-rules-2025 · p. 4
|SectionRule L206.4(c) Rule to Show Cause
Filing RequirementsMandatoryCivil cases

All motions which request relief on matters of record shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the argument.

Document
Motion

Must include

  • Proposed order
Elk-and-Cameron-Counties-local-rules-2025 · p. 5
|SectionRule L208.3(b) Motion. Alternative Procedures
Filing RequirementsMandatoryCivil cases

The proposed order scheduling an argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

Elk-and-Cameron-Counties-local-rules-2025 · p. 5
|SectionRule L208.3(b) Motion. Alternative Procedures
Filing RequirementsMandatoryCivil cases

A certificate of readiness must certify that pleadings, pretrial discovery, medical examinations, and exchange of medical reports are complete and that the case is ready for trial.

Court's wording

Any party or counsel of record filing a certificate of readiness shall certify thereon that: (1) all pleadings have been completed; (2) all pretrial discovery procedures have been completed; (3) all medical examinations have been completed and medical reports exchanged; and (4) the case is ready for trial.

Filing RequirementsMandatoryCivil cases

A proposed order scheduling argument on the exceptions shall be submitted simultaneously with the filing of the exceptions

Document
Exceptions

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

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.

Elk-and-Cameron-Counties-local-rules-2025 · p. 6
|SectionRule L212.2 Pre-trial Statement
Filing RequirementsMandatoryCivil cases

Cases shall be placed on the civil trial list by filing a certificate of readiness and a praecipe to list with the Prothonotary, along with a certificate of service showing service on all other parties in interest or their counsel of record.

Document
Trial list filing

Must include

  • Certificate of service
Filing RequirementsMandatoryCivil cases

A continuance motion must be written and signed, state the specific reason and opposing party’s position, and, if filed by an attorney, state that the client knows of and consents to the request.

Court's wording

A motion for continuance shall be in writing, shall be signed by counsel or self- represented litigant, shall set forth specifically the reason for the request, and shall contain a statement that opposing counsel or any self-represented litigant either objects or does not object to the proposed continuance. In addition, any motion for continuance filed by an attorney shall include a statement that the client represented by the attorney requesting the continuance has been made aware of the motion and has consented to the continuance.

Elk-and-Cameron-Counties-local-rules-2025 · p. 7
|SectionRule L216 Motion for Continuance
Filing RequirementsMandatoryCivil cases

A transcript request requires a motion and order identifying the requested record portion and, if less than the entire trial is requested, the dates and witnesses to be transcribed.

Court's wording

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.

Elk-and-Cameron-Counties-local-rules-2025 · p. 8
|SectionRule L227.1 Post -Trial Conferences
Filing RequirementsMandatoryCivil cases

All motions for continuances based upon a calendar conflict due to an appearance scheduled in another court must include a copy of the scheduling order or notice issued by the other court.

Elk-and-Cameron-Counties-local-rules-2025 · p. 8
|SectionRule L216 Motion for Continuance
Filing RequirementsMandatoryCivil cases

A notice to defend for a Cameron County matter must name the Cameron County Prothonotary and provide the stated contact information for legal-help inquiries.

Court's wording

The officer to be named in the notice to defend from whom information concerning legal help can be obtained is: b. For matters filed in Cameron County: Cameron County Prothonotary Cameron County Courthouse 20 East Fifth Street Emporium, PA 15834 (814) 486-3349

Elk-and-Cameron-Counties-local-rules-2025 · p. 10
|SectionRule L1018 Notice to Defend. Form
Filing RequirementsMandatoryCivil cases

A notice to defend for an Elk County matter must name the Elk County Prothonotary and provide the stated contact information for legal-help inquiries.

Court's wording

The officer to be named in the notice to defend from whom information concerning legal help can be obtained is: a. For matters filed in Elk County: Elk County Prothonotary Elk County Courthouse 240 Main Street Ridgway, PA 15853 (814) 776-5344

Elk-and-Cameron-Counties-local-rules-2025 · p. 10
|SectionRule L1018 Notice to Defend. Form
Filing RequirementsMandatoryCivil cases

A motion for judgment on the pleadings shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order scheduling argument on the motion.

Document
Motion for judgment on the pleadings

Must include

  • Proposed order
Elk-and-Cameron-Counties-local-rules-2025 · p. 10
|SectionRule L1034(a) Motion for Judgment on the Pleadings
Filing RequirementsMandatoryCivil cases

Preliminary objections shall be filed with Prothonotary and shall include a proposed order scheduling argument on the preliminary objections, including a provision for the time allotted for the argument.

Document
Preliminary objections

Must include

  • Proposed order
Elk-and-Cameron-Counties-local-rules-2025 · p. 10
|SectionRule L1028(c) Preliminary Objections
Filing RequirementsMandatoryCivil cases

The proposed order scheduling argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

Elk-and-Cameron-Counties-local-rules-2025 · p. 10
|SectionRule L1034(a) Motion for Judgment on the Pleadings
Filing RequirementsMandatoryCivil cases

A motion for summary judgment shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order scheduling argument on the motion.

Document
Motion for summary judgment

Must include

  • Proposed order
Elk-and-Cameron-Counties-local-rules-2025 · p. 11
|SectionRule L1035.2(a) Motion for Summary Judgment
Filing RequirementsMandatoryCivil cases

The proposed order scheduling argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

Elk-and-Cameron-Counties-local-rules-2025 · p. 11
|SectionRule L1035.2(a) Motion for Summary Judgment
Filing RequirementsMandatoryCivil cases

If the parties agree mediation is appropriate, they must file and submit a stipulation for mediation signed by all parties and counsel that states their agreement and belief that settlement is realistically possible.

Court's wording

Upon agreement of the parties that mediation would be appropriate for resolution of a case, a “stipulation for mediation” requesting a mediation conference and signed by all parties and counsel shall be filed of record and submitted to the Court. The stipulation shall specify that all parties involved agree to the mediation and believe that there is a th realistic possibility of settlement.

Elk-and-Cameron-Counties-local-rules-2025 · p. 12
|SectionRule L1042.21 Medical Professional Liability Actions. Motion for Settlement Conference or Mediation
Filing RequirementsMandatoryCivil cases

The arbitrators shall make their award in substantially the form set forth in Pa.R.C.P. 1312 and file it with the Prothonotary within one day after the hearing, unless the time is extended by the parties.

Elk-and-Cameron-Counties-local-rules-2025 · p. 14
|SectionRule L1301 Compulsory Arbitration
Filing RequirementsMandatoryCivil cases

If an agreement regarding support is reached pursuant to a divorce, the support agreement shall be specifically set forth apart from the remaining provisions of the divorce agreement and shall be filed in the appropriate county Domestic Relations Section.

Filing RequirementsMandatoryCivil cases

Each complaint in divorce that contains a count for child support shall allow for a separate domestic relations number to be assigned by the Domestic Relations Section.

Filing RequirementsMandatoryCivil cases

All claims for support must be initiated in the appropriate county Domestic Relations Section of the Court of Common Pleas of the 59th Judicial District by filing a complaint for

Elk-and-Cameron-Counties-local-rules-2025 · p. 15
|SectionRule L1910.4 Support. Commencement of Action
Filing RequirementsMandatoryCivil cases

An application for child support services must also be completed and submitted to the appropriate county Domestic Relations Section.

Filing RequirementsMandatoryCivil cases

If an agreement is reached at the custody conference, said agreement shall be noted by the custody conference officer or reduced to a written proposal signed by both parties and shall be submitted to the Court for an order.

Elk-and-Cameron-Counties-local-rules-2025 · p. 16
|SectionRule L1915.4-3 Non-Record Proceedings. Trial
Filing RequirementsMandatoryCivil cases

Prior to a custody trial, the parties shall complete and submit a parenting plan to the Court and opposing party.

Elk-and-Cameron-Counties-local-rules-2025 · p. 16
|SectionRule L1915.4-3 Non-Record Proceedings. Trial
Filing RequirementsMandatoryCivil cases

Prior to the custody pre-trial conference, the parties shall complete and submit a pre-trial statement to the Court and opposing party.

Elk-and-Cameron-Counties-local-rules-2025 · p. 16
|SectionRule L1915.4-3 Non-Record Proceedings. Trial
Filing RequirementsMandatoryCivil cases

The accompanying order must follow Pa.R.C.P. 1915.16, must not require children to appear at the custody conference, and must direct the parties to appear at the specified Domestic Relations Section location.

Court's wording

The order accompanying said complaint shall be in the form prescribed in Pa.R.C.P. 1915.16, except that the order in custody matters shall not require the children to appear at the custody conference. The order shall direct the parties to appear for a conference at the Domestic Relations Section, 2nd Floor, Elk County Courthouse Annex, 300 Center Street, Ridgway, PA (see L1915.15.).

Elk-and-Cameron-Counties-local-rules-2025 · p. 16
|SectionRule L1915.15 Complaint. Caption. Order
Filing RequirementsMandatoryCivil cases

All claims for equitable distribution, alimony, alimony pendente lite, attorney’s fees and costs must be raised of record before being referred to a permanent master for hearing.

Elk-and-Cameron-Counties-local-rules-2025 · p. 18
|SectionRule L1920.51 Appointment of Master
Filing RequirementsMandatoryCivil cases

A complaint for divorce shall be filed with the appropriate county Prothonotary of the Court of Common Pleas of the 59th Judicial District.

Elk-and-Cameron-Counties-local-rules-2025 · p. 18
|SectionRule L1920.3 Divorce. Commencement of Action
Filing RequirementsMandatoryCivil cases

A request for a divorce decree approving or incorporating a settlement agreement will be denied unless the claims it addresses have been raised of record in accordance with 23 Pa.C.S.A. 3104.

Court's wording

The request for the entry of a decree in divorce which includes the approval or incorporation of a settlement agreement shall be denied unless the claims addressed in the settlement agreement, i.e., custody, support, alimony, alimony pendente lite, counsel fees, expenses and costs, and equitable distribution of property, have been raised of record in accordance with 23 Pa.C.S.A. 3104.

Elk-and-Cameron-Counties-local-rules-2025 · p. 18
|SectionRule L1920.3 Divorce. Commencement of Action
Filing RequirementsMandatoryCivil cases

The party requesting the appointment of a master shall file with the appropriate county Prothonotary a motion for the appointment of a master in substantially the form prescribed in Pa.R.C.P. 1920.74.

Elk-and-Cameron-Counties-local-rules-2025 · p. 18
|SectionRule L1920.51 Appointment of Master
Filing RequirementsMandatoryCivil cases

All actions requesting a divorce pursuant to 23 Pa.C.S.A. 3301(a) or an annulment pursuant to 23 Pa.C.S.A. 3303 shall be referred to the permanent master upon the filing of a motion for the appointment of a master substantially in the form prescribed by Pa.R.C.P. 1920.74 with the appropriate county Prothonotary.

Elk-and-Cameron-Counties-local-rules-2025 · p. 19
|SectionRule L1920.53 Hearing by Master. Report
Filing RequirementsMandatoryCivil cases

All requests for transcripts shall be submitted on a form provided by the District Court Administrator that will include all elements required by the Court Administrator of Pennsylvania.

Elk-and-Cameron-Counties-local-rules-2025 · p. 19
|SectionRule L4007 Requests For Transcripts
Filing RequirementsMandatoryCivil cases

When a designee prepares the exhibit index, the custodian must obtain it and compare it with the exhibits in the custodian’s possession before filing the exhibits.

Court's wording

(1) If a designee is preparing the Index of Exhibits during a proceeding, the custodian shall obtain the Index of Exhibits prepared during the court proceeding from the designee and compare the exhibits in the possession of the custodian with the Index of Exhibits before filings the exhibits in the records office.

Elk-and-Cameron-Counties-local-rules-2025 · p. 21
|SectionRule 5102. General Provisions
Filing RequirementsMandatoryCivil cases

For an exhibit containing information or documents defined as confidential by the stated policy, the proponent must give the custodian a Confidential Information Form or Confidential Document Form when introducing the evidence.

Court's wording

(d) The proponent shall include a Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the proponent to the custodian at the time the evidence is introduced.

Elk-and-Cameron-Counties-local-rules-2025 · p. 21
|SectionRule 5102. General Provisions
Filing RequirementsMandatoryCivil cases

These forms shall be given by the proponent to the custodian at the time the evidence is introduced.

Elk-and-Cameron-Counties-local-rules-2025 · p. 23
|SectionRule L5102-5104 Custody of Exhibits
Filing RequirementsMandatoryCivil cases

The proponent shall simultaneously submit a transcript of the deposition as an exhibit.

Elk-and-Cameron-Counties-local-rules-2025 · p. 23
|SectionRule L5102-5104 Custody of Exhibits
Filing RequirementsMandatoryCivil cases

Pennsylvania shall include a Confidential Document Form so that the document can be properly sealed by the records office.

Elk-and-Cameron-Counties-local-rules-2025 · p. 23
|SectionRule L5102-5104 Custody of Exhibits
Filing RequirementsImportantCivil cases

A proposed order of court in the form prescribed by Pa.R.C.P. 206.5 shall not be used to schedule an argument on general motions, preliminary objections, or a hearing on petitions that do not comply with Pa.R.C.P. 206.4.

Elk-and-Cameron-Counties-local-rules-2025 · p. 4
|SectionRule L206.4(c) Rule to Show Cause

Filing & Service rules

Electronic Filing Rules

Petitions may not be submitted by facsimile or other electronic transmission, except in extraordinary or emergency situations.

A petition submitted to the Court by facsimile or other electronic transmission will not be considered except in extraordinary or emergency situations.

Civil cases

Page 4 | Rule L206.1(a) Petition

Petitions for a rule to show cause may not be submitted by facsimile or other electronic submission, except in extraordinary or emergency situations.

A petition for a rule to show cause submitted to the Court by facsimile or other electronic submission will not be considered except in extraordinary or emergency situations.

Civil cases

Page 4 | Rule L206.4(c) Rule to Show Cause

Motions submitted by facsimile or other electronic means will not be considered, except in extraordinary or emergency situations.

Motions submitted to the Court by facsimile or other electronic submission will not be considered except in extraordinary or emergency situations.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

Motions submitted by fax or other electronic transmission will not be considered unless extraordinary or emergency circumstances apply.

Motions submitted to the Court by facsimile or other electronic transmission will not be considered except in extraordinary or emergency situations.

Civil cases

Page 7 | Rule L216 Motion for Continuance

Filing Timing and Cure Windows

A petition initially submitted by facsimile or other electronic transmission must be filed of record within two business days.

Any petition initially submitted by facsimile or other electronic transmission must be filed of record within two (2) business days thereafter.

Civil cases

Page 4 | Rule L206.1(a) Petition

A petition for a rule to show cause must be filed with the Prothonotary before it is presented to the Court.

As with all other pleadings, a petition for a rule to show cause must be filed with Prothonotary prior to being presented to the Court.

Civil cases

Page 4 | Rule L206.4(c) Rule to Show Cause

File a petition with the Prothonotary before presenting it to the Court, and include a proposed order scheduling the hearing.

Petitions shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the hearing.

Civil cases

Page 4 | Rule L206.1(a) Petition

A motion first submitted by facsimile or other electronic transmission must be filed of record within two business days.

Any motion initially submitted by facsimile or other electronic transmission must be filed of record within two (2) business days thereafter.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

Each party must file a pre-trial statement with the Prothonotary at least 10 days before the pre-trial conference and serve other counsel of record or any self-represented litigant.

No less than ten (10) days prior to the date scheduled for the pre-trial conference, each party shall file with the Prothonotary a pre-trial statement containing those items set forth in Pa.R.C.P. 212.2 and serve other counsel of record or self-represented litigant.

Civil cases

Page 6 | Rule L212.2 Pre-trial Statement

The moving party must submit its brief 14 days before argument.

The moving party shall submit a brief fourteen (14) days in advance of argument

Civil cases

Page 6 | Rule L210 Briefs

A party served with an adverse party's certificate of readiness has 10 days from service to file exceptions.

Any party or counsel of record who is served with a copy of a certificate of readiness that has been filed by an adverse party shall have ten (10) days from the date of service in which to file exceptions thereto.

Civil cases

Page 6 | Rule L212.1 Trial

The responding party must submit its brief 7 days before argument.

The responding party shall submit a brief seven (7) days in advance of argument.

Civil cases

Page 6 | Rule L210 Briefs

Continuance motions must be filed with the Prothonotary before presentation, but personal presentment is unnecessary.

All continuance motions must be filed with the Prothonotary before being presented to the Court. Personal presentment is not required.

Civil cases

Page 7 | Rule L216 Motion for Continuance

A motion initially submitted by fax or other electronic submission must be filed of record within two business days.

Any motion initially submitted by facsimile or other electronic submission must be filed of record within two (2) business days thereafter.

Civil cases

Page 7 | Rule L216 Motion for Continuance

A transcript may not be filed or delivered to a party until its invoice is paid in full.

The transcript shall not be filed nor a copy delivered to any party until the invoice is paid in full.

Civil cases

Page 8 | Rule L227.1 Post -Trial Conferences

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

A party filing a post-trial motion who desires a transcript shall cause the transcript or portion thereof to be prepared before the motion is argued.

Civil cases

Page 8 | Rule L227.1 Post -Trial Conferences

The opposing party must file an answer or reply brief within 20 days after service of the motion, unless a court order modifies the response deadline.

The opposing party shall file an answer or submit a reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.

Civil cases

Page 10 | Rule L1034(a) Motion for Judgment on the Pleadings

The brief must be submitted with the motion unless the scheduling order directs otherwise.

A brief shall be submitted contemporaneously with the motion or as directed in the scheduling order.

Civil cases

Page 10 | Rule L1034(a) Motion for Judgment on the Pleadings

The Prothonotary must appoint three arbitrators within 10 days after a party files a praecipe for arbitration.

Within ten (10) days after any party files a praecipe for arbitration, the Prothonotary shall appoint three arbitrators, with the first named to be the chairperson.

Civil cases

Page 13 | Rule L1301 Compulsory Arbitration

Arbitrators must hold a hearing within 60 days of appointment unless all parties or their counsel agree to extend the time.

The arbitrators shall hold a hearing within sixty (60) days after their appointment unless the time is extended by agreement of all parties or their counsel.

Civil cases

Page 14 | Rule L1301 Compulsory Arbitration

Any party may appeal to the Court within 30 days after the award is filed.

Within 30 days from the date of filing of an award, any party may appeal to the Court as provided by Pa.R.C.P. 1308.

Civil cases

Page 14 | Rule L1301 Compulsory Arbitration

The arbitrators must file the award with the Prothonotary within one day after the hearing, unless the parties extend the time.

The arbitrators shall make their award in substantially the form set forth in Pa.R.C.P. 1312 and file it with the Prothonotary within one day after the hearing, unless the time is extended by the parties.

Civil cases

Page 14 | Rule L1301 Compulsory Arbitration

When one custodian is involved, all submitted exhibits and the exhibit index must be filed with the appropriate records office within five business days after the proceeding concludes.

(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary/Clerk of Courts or Orphan’s Court) all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.

Civil cases

Page 21 | Rule 5102. General Provisions

When multiple custodians are involved, each custodian must pass the exhibits and index to the next custodian, and the custodian at the proceeding’s conclusion must file them within five business days after it concludes.

(e) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.

Civil cases

Page 21 | Rule 5102. General Provisions

A pre-trial statement may be amended up to 30 days before trial, but later amendments require Court approval.

Amendments to a pre-trial statement may be submitted up to 30 days prior to the date trial is to begin and not thereafter unless approved by the Court.

Civil cases

Page 6 | Rule L212.2 Pre-trial Statement

Argument on the motion is scheduled after filing without a praecipe for argument.

Argument on the motion shall be scheduled after filing as a matter of course and without the necessity of filing a praecipe for argument.

Civil cases

Page 11 | Rule L1035.2(a) Motion for Summary Judgment

Argument must be scheduled for a specific date and time.

Argument shall be scheduled for a time and date certain.

Civil cases

Page 11 | Rule L1035.2(a) Motion for Summary Judgment

Personal presentment is not required.

Personal presentment is not required.

Civil cases

Page 10 | Rule L1034(a) Motion for Judgment on the Pleadings

Service and Proof of Service Rules

The moving party must notify opposing counsel and any unrepresented party of the hearing’s date, time, and place.

The moving party shall notify opposing counsel and any unrepresented party of the date, time and place for hearing.

Civil cases

Page 4 | Rule L206.1(a) Petition

The moving party must notify opposing counsel and any unrepresented party of the argument's date, time, and place.

The moving party shall notify opposing counsel and any unrepresented party of the date, time and place for argument.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

For an emergency motion, the moving party must notify the opposing parties of the motion's substance and the time of filing and presentation.

The moving party shall make notify the opposing party(ies) of the substance of the motion and the time of filing and presentation to the Court.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

Each party must serve its pre-trial statement on other counsel of record or any self-represented litigant.

No less than ten (10) days prior to the date scheduled for the pre-trial conference, each party shall file with the Prothonotary a pre-trial statement containing those items set forth in Pa.R.C.P. 212.2 and serve other counsel of record or self-represented litigant.

Civil cases

Page 6 | Rule L212.2 Pre-trial Statement

The Prothonotary must serve each proposed-dismissal notice on counsel or unrepresented parties at least 60 days before termination, and the notice must state the proposed termination date and how to avoid termination.

The Prothonotary shall serve notice of proposed dismissal for each case on counsel of record, and on the parties if not represented, at least sixty (60) days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination.

Civil cases

Page 9 | Rule L230.2 Termination of Inactive Cases

For qualifying inactive Cameron County divorce cases, the Prothonotary must serve proposed-dismissal notice on plaintiffs’ counsel or self-represented plaintiffs at least 60 days before termination.

Where it would be unduly burdensome to research the captions, parties, and mailing addresses of Cameron County divorce cases that have been inactive for two years or more, such cases shall be terminated pursuant to Pa.R.C.P. 230.2, provided, however, the Cameron County Prothonotary shall serve notice of the proposed dismissal upon plaintiffs’ counsel or self-represented plaintiffs, at least sixty (60) days prior to the date of the proposed termination.

Civil cases

Page 9 | Rule L230.2 Termination of Inactive Cases

When service by publication is permitted, publish once in a daily newspaper in the county where the action is brought.

In all actions where service by publication is permitted, publication shall be made one time in a daily newspaper published in the county in which the action is brought, as no legal journal or publication exists in the 59th Judicial District.

Civil cases

Page 9 | Rule L430 Service by Publication

The party filing a praecipe must immediately mail a copy to the adverse party or counsel.

The party filing a praecipe shall immediately mail a copy of the praecipe to the adverse party or counsel.

Civil cases

Page 13 | Rule L1301 Compulsory Arbitration

The chairperson must give all parties or their counsel at least 30 days' notice of the hearing.

The chairperson shall give at least thirty (30) days notice of the hearing to all parties or their counsel.

Civil cases

Page 14 | Rule L1301 Compulsory Arbitration

The moving party is responsible for serving the hearing notices.

Service of the hearing notices is the responsibility of the moving party.

Civil cases

Page 16 | Rule L1915.15 Complaint. Caption. Order

The permanent master must give both parties or their attorneys written notice of the hearing’s time and place at least ten days beforehand.

The permanent master shall give at least ten (10) days written notice of the time and place of the hearing to both parties or their attorneys.

Civil cases

Page 19 | Rule L1920.53 Hearing by Master. Report

The requesting party must submit the original transcript request form to the District Court Administrator and serve copies on the presiding judge, court reporter or recorder, and opposing counsel or an unrepresented opposing party.

(1) The requesting party shall submit the original request form to the District Court Administrator and shall serve copies of the request to: a. The judge presiding over the matter; b. The court reporter or court recorder c. The opposing counsel or an opposing party if unrepresented.

Civil cases

Page 20 | Rule L4007 Requests For Transcripts

A custodian may move the Court regarding conversion or retention of previously entered exhibits, provided the motion is served on the appropriate parties or counsel at their last known address.

(iv) The custodian may submit a motion to the Court to address the conversion or retention of previously entered exhibits that are currently being held so long as any motion is served on the appropriate parties or counsel to their last known address.

Civil cases

Page 22 | Rule 5103. Special Provisions

Filing Fees and Waivers

A $100 custody conference fee must be submitted when filing a custody complaint or modification petition, unless the Court previously granted in forma pauperis status; the fee is payable to the custody conference officer.

A conference fee of $100.00 shall be submitted at time of filing the custody complaint or petition to modify custody unless the Court prior to the filing of a custody complaint or petition to modify custody has granted plaintiff or petitioner in forma pauperis status. The fee is payable to the custody conference officer.

Civil cases

Page 15 | Rule L1915.4-3 Non-Record Proceedings. Trial

The permanent master’s base fee is $500, payable to the master and submitted with the appointment motion when filed; the master may petition for additional fees in appropriate circumstances, and the fee allocation may be determined in the master’s report and recommendation.

The permanent master’s base fee for all claims related to a divorce shall be $500. Said fee is payable to the permanent master and shall be submitted with the motion for the appointment of a master at time of filing of the motion. The permanent master may petition the Court for additional fees in appropriate circumstances and the allocation of the permanent master’s fee may be determined in the master’s report and recommendation.

Civil cases

Page 18 | Rule L1920.51 Appointment of Master

A $500 permanent master’s fee must be paid to the master and submitted with the appointment motion when it is filed.

The permanent master’s fee shall be $500. Said fee is payable to the permanent master and shall be submitted with the motion for the appointment of a master at time of filing.

Civil cases

Page 19 | Rule L1920.53 Hearing by Master. Report

When the Commonwealth or one of its subdivisions is liable for an electronic transcript, the cost for all transcripts is $2.00.

(3) Where the Commonwealth or a subdivision thereof is liable for the cost in electronic format: a. For all transcripts, $2.00.

Civil cases

Page 20 | Rule L4008 Costs For Transcripts

(2) A party making a request for transcript shall make a partial payment of 95% of the estimated cost. All checks shall be made payable to the County of Elk in Elk County matters or the County of Cameron in Cameron County matters. Payment shall be delivered to the office of the District Court Administrator, P.O. Box 416, Ridgway, PA 15853, regardless of the county of venue.

(2) A party making a request for transcript shall make a partial payment of 95% of the estimated cost. All checks shall be made payable to the County of Elk in Elk County matters or the County of Cameron in Cameron County matters. Payment shall be delivered to the office of the District Court Administrator, P.O. Box 416, Ridgway, PA 15853, regardless of the county of venue.

Civil cases

Page 20 | Rule L4007 Requests For Transcripts

For electronic transcripts requested by parties other than the Commonwealth or its subdivisions, the per-page cost is $2.50 ordinary, $3.50 expedited, $4.50 daily, or $6.50 for same-day delivery.

(1) Costs paid by the requesting party, other than the Commonwealth of Pennsylvania or a subdivision there, for a transcript in electronic format shall be as follows: a. For an ordinary transcript, $2.50 per page b. For an expedited transcript, $3.50 per page c. For a daily transcript, $4.50 per page d. For same day delivery, $6.50 per page

Civil cases

Page 20 | Rule L4008 Costs For Transcripts

A request for a copy of a transcript previously filed of record must be submitted to the District Court Administrator; paper copies cost $0.75 per page and electronic copies cost $0.50 per page.

(6) A request for a copy of any transcript previously filed of record shall be submitted to the District Court Administrator and provided according to the following fee schedule: a. For paper format, $0.75 per page b. For electronic format, $0.50 per page

Civil cases

Page 20 | Rule L4008 Costs For Transcripts

A requesting party or any other party must pay $0.25 per page for a paper copy of a transcript.

(2) Costs paid by the requesting party and any other party for a paper copy of the transcript shall be $0.25 per page

Civil cases

Page 20 | Rule L4008 Costs For Transcripts

The Prothonotary determines filing fees.

Filing fees shall be determined by the Prothonotary.

Civil cases

Page 15 | Support

The trial judge may impose a reasonable transcript-cost surcharge in cases such as professional malpractice or other complex litigation.

(4) The trial judge may impose a reasonable surcharge in cases such as professional malpractice or other complex litigation.

Civil cases

Page 20 | Rule L4008 Costs For Transcripts

The District Court Administrator reviews transcript costs eligible for waiver under Pa.R.J.A. 4008(B) upon the requesting party’s written application.

(5) Transcript costs subject to waiver under Pa.R.J.A. 4008(B) shall be reviewed by the District Court Administrator upon written application by the requesting party. Applications are available from the office of the District Court Administrator.

Civil cases

Page 20 | Rule L4008 Costs For Transcripts

The custody conference officer may petition the Court for additional fees in appropriate circumstances.

The custody conference officer may petition the Court for additional fees in appropriate circumstances

Civil cases

Page 15 | Rule L1915.4-3 Non-Record Proceedings. Trial

The permanent master may petition the Court for additional fees in appropriate circumstances.

The permanent master may petition the Court for additional fees in appropriate circumstances.

Civil cases

Page 19 | Rule L1920.53 Hearing by Master. Report

Courtesy Copy Requirements

Courtesy copies of preliminary objections are not required.

Courtesy copies for the Court are not required.

Civil cases

Page 10 | Rule L1028(c) Preliminary Objections

Courtesy copies of a motion for judgment on the pleadings are not required.

Courtesy copies of the motion for the Court are not required.

Civil cases

Page 10 | Rule L1034(a) Motion for Judgment on the Pleadings

Filing Bundling Requirements

Briefs must not be filed of record unless the Court directs otherwise.

Briefs shall not be filed of record unless directed by the Court.

Civil cases

Page 6 | Rule L210 Briefs

Pre-Motion Conference Requirements

Motions involving only questions of law are decided on briefs without oral argument unless the moving party files a praecipe for argument simultaneously with the motion.

Motions involving questions of law only will be disposed of by the Court on briefs without oral argument unless the moving party files a praecipe for argument simultaneously with the motion.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

A response to a motion is not required unless the Pennsylvania Rules of Civil Procedure or the Court's scheduling order requires one.

No response is required to any motion unless required by Pa. Rule of Civil Procedure or unless required by the Court in the scheduling order. (e.g., Pa.R.C.P. 1035.3)

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

The Court may consider a motion to compel discovery without briefs or argument.

Motions to compel discovery may be considered by the Court without the necessity for briefs and argument.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

Adjournment & Extension Requirements

If the allotted hearing time is not reasonably sufficient, counsel or a self-represented party must contact the Court Administrator’s office in writing to request a continuance.

Upon receipt of the scheduling order, if counsel or a self-represented party does not believe that the allotted time is reasonably sufficient, it is the duty of counsel or the party to contact the Court Administrator’s office, in writing, to request a continuance in order to reschedule the time necessary for the hearing.

Civil cases

Page 4 | Rule L206.1(a) Petition

A party who believes the allotted argument time is insufficient must contact the Court Administrator's office in writing to request a continuance and reschedule sufficient argument time.

Upon receipt of the scheduling order, if counsel or a self-represented party does not believe that the allotted time is reasonably sufficient, it is the duty of counsel or the party to contact the Court Administrator’s office, in writing, to request a continuance in order to reschedule the time necessary for the argument

Civil cases

Page 6 | Rule L208.3(b) Motion. Alternative Procedures

A continuance request must specifically state its reason and the opposing party’s position, and an attorney’s request requires the client’s consent.

A motion for continuance shall be in writing, shall be signed by counsel or self- represented litigant, shall set forth specifically the reason for the request, and shall contain a statement that opposing counsel or any self-represented litigant either objects or does not object to the proposed continuance. In addition, any motion for continuance filed by an attorney shall include a statement that the client represented by the attorney requesting the continuance has been made aware of the motion and has consented to the continuance.

Civil cases

Page 7 | Rule L216 Motion for Continuance

Absent extraordinary circumstances, a continuance based on a proceeding in another court of record or appellate court will be granted only if that court’s scheduling order predates the order scheduling the proceeding at issue.

Since the Court of Common Pleas of the 59th Judicial District routinely schedules cases on a date certain after consultation with all counsel, absent extraordinary circumstances, a motion for continuance based upon proceedings scheduled in another court of record or appellate court will be granted only if the other court’s scheduling order was issued before the order scheduling the proceeding for which the continuance is sought.

Civil cases

Page 8 | Rule L216 Motion for Continuance

After receiving the scheduling order, counsel or a self-represented party who believes the allotted argument time is insufficient must contact the Court Administrator’s office in writing to request a continuance.

Upon receipt of the scheduling order, if counsel or a self-represented party does not believe that the allotted time is reasonably sufficient, it is the duty of counsel or the party to contact the Court Administrator’s office, in writing, to request a continuance in order to reschedule the time necessary for the argument.

Civil cases

Page 10 | Rule L1034(a) Motion for Judgment on the Pleadings

A hearing may not be continued to a date more than 180 days after appointment unless good cause exists.

No hearing shall be continued to a date more than one hundred eighty (180) days from date of appointment unless upon good cause.

Civil cases

Page 14 | Rule L1301 Compulsory Arbitration

Chambers Communication Rules

After filing an emergency motion, the moving party must notify the Prothonotary and Court Administrator of the emergency and may ask the Court to consider the motion immediately.

Emergency motions shall be governed by the above procedure except that, after filing, the moving party shall notify the Prothonotary and the Court Administrator of the emergency situation and may request that the Court immediately consider the motion.

Civil cases

Page 5 | Rule L208.3(b) Motion. Alternative Procedures

The parties must not contact the mediator/judge or send documents to the mediator/judge unless specifically requested.

Unless specifically requested by the mediator/judge, the parties shall not contact or forward documents to the mediator/judge.

Civil cases

Page 12 | Rule L1042.21 Medical Professional Liability Actions. Motion for Settlement Conference or Mediation

Contact the court office about accessibility or reasonable accommodations, and make all arrangements at least 72 hours before a hearing or other court business.

For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.

Civil cases

Page 17 | Rule L1915.15(a) Order and Notice. Form

For questions about the Local Rules, call (814) 776-6144.

If you have questions about the Local Rules, please call (814) 776-6144.

Page 1 | Local Rules

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

Are courtesy copies required in Court of Common Pleas of Elk County, Pennsylvania?

Courtesy copies of a motion for judgment on the pleadings are not required.

View ruleSource: page 10, section Rule L1034(a) Motion for Judgment on the Pleadings

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

Motions involving only questions of law are decided on briefs without oral argument unless the moving party files a praecipe for argument simultaneously with the motion.

View ruleSource: page 5, section Rule L208.3(b) Motion. Alternative Procedures

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

Court of Common Pleas of Elk County, Pennsylvania's formatting rule includes letter paper, non-documentary exhibits must be photographed by the proponent, converted to a letter-sized document (8-1/2 x 11 inches), appropriately marked, and produced during the court proceeding for inclusion in the documentary record., and photographs must be color unless otherwise directed by the court..

View ruleSource: page 22, section Rule 5103. Special Provisions

What must be included with motion filings in Court of Common Pleas of Elk County, Pennsylvania?

The rule requires proposed order. A motion seeking relief on a matter of record must be filed with the Prothonotary before presentation and include a proposed order scheduling argument.

View ruleSource: page 5, section Rule L208.3(b) Motion. Alternative Procedures

What must be included with proposed order filings in Court of Common Pleas of Elk County, Pennsylvania?

A proposed order scheduling argument on a motion must include the specified allotted-argument-time phrase.

View ruleSource: page 5, section Rule L208.3(b) Motion. Alternative Procedures

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

After filing an emergency motion, the moving party must notify the Prothonotary and Court Administrator of the emergency and may ask the Court to consider the motion immediately.

View ruleSource: page 5, section Rule L208.3(b) Motion. Alternative Procedures

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

A party who believes the allotted argument time is insufficient must contact the Court Administrator's office in writing to request a continuance and reschedule sufficient argument time.

View ruleSource: page 6, section Rule L208.3(b) Motion. Alternative Procedures

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

Briefs must not be filed of record unless the Court directs otherwise.

View ruleSource: page 6, section Rule L210 Briefs

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

A fee is required for covered filings, and the rule identifies waiver availability. A $100 custody conference fee must be submitted when filing a custody complaint or modification petition, unless the Court previously granted in forma pauperis status; the fee is payable to the custody conference officer.

View ruleSource: page 15, section Rule L1915.4-3 Non-Record Proceedings. Trial

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

No. Electronic filing is prohibited for the covered filings. Petitions may not be submitted by facsimile or other electronic transmission, except in extraordinary or emergency situations.

View ruleSource: page 4, section Rule L206.1(a) Petition

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

The moving party must submit its brief 14 days before argument.

View ruleSource: page 6, section Rule L210 Briefs

What rule applies to serving the opposing party in Court of Common Pleas of Elk County, Pennsylvania?

Details: recipient: the opposing party. The moving party must notify opposing counsel and any unrepresented party of the argument's date, time, and place.

View ruleSource: page 5, section Rule L208.3(b) Motion. Alternative Procedures
Complete rules summary for Court of Common Pleas of Elk County, Pennsylvania

For questions about the Local Rules, call (814) 776-6144.

Papers and documents consisting of more than one page must be fastened or stapled at the top.

A motion seeking relief on a matter of record must be filed with the Prothonotary before presentation and include a proposed order scheduling argument.

The moving party must notify opposing counsel and any unrepresented party of the argument's date, time, and place.

A proposed order scheduling argument on a motion must include the specified allotted-argument-time phrase.

A party who believes the allotted argument time is insufficient must contact the Court Administrator's office in writing to request a continuance and reschedule sufficient argument time.

Briefs must not be filed of record unless the Court directs otherwise.

The moving party must submit its brief 14 days before argument.

A pre-trial statement must estimate the time required to present that party's case in chief.

When service by publication is permitted, publish once in a daily newspaper in the county where the action is brought.

Courtesy copies of a motion for judgment on the pleadings are not required.

The brief must be submitted with the motion unless the scheduling order directs otherwise.

The arbitrators must file the award with the Prothonotary within one day after the hearing, unless the parties extend the time.

Custody, partial custody, and visitation complaints must be filed with the appropriate county Prothonotary and substantially follow the forms prescribed by Pa.R.C.P. 1915.15 and 1915.16.

A $100 custody conference fee must be submitted when filing a custody complaint or modification petition, unless the Court previously granted in forma pauperis status; the fee is payable to the custody conference officer.

The custody conference officer may petition the Court for additional fees in appropriate circumstances.

The document must include a Confidential Document Form so the records office can seal it properly.

The proponent must give the Confidential Document Form to the custodian when the evidence is introduced.

The proponent must submit a transcript of a media deposition as an exhibit at the same time it is presented at trial.

The prescribed proposed order for a rule to show cause must not be used to schedule arguments on general motions or preliminary objections, or hearings on petitions that do not comply with Pa.R.C.P. 206.4.

The first page of a filed pleading, except one requiring a Notice to Defend, must be an identification sheet containing the information specified in the rule and typed in the Appendix A format.

Requests to return certified copies of pleadings to the filing party must include the required number of photocopies and a self-addressed, postage-paid mailing envelope.

Petitions alleging facts not of record must be verified and endorsed with a notice to plead.

File a petition with the Prothonotary before presenting it to the Court, and include a proposed order scheduling the hearing.

A petition must include a proposed order scheduling the hearing.

The moving party must notify opposing counsel and any unrepresented party of the hearing’s date, time, and place.

Petitions may not be submitted by facsimile or other electronic transmission, except in extraordinary or emergency situations.

A petition initially submitted by facsimile or other electronic transmission must be filed of record within two business days.

The proposed hearing-scheduling order must include the phrase “hour(s) is allotted for the hearing.”

If the allotted hearing time is not reasonably sufficient, counsel or a self-represented party must contact the Court Administrator’s office in writing to request a continuance.

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

Shawn T. McMahon
Judge