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

CRITICALCivil cases

Applies to

Confidential document form

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

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

CRITICALCivil cases

Applies to

Custody conference agreement

If the parties reach an agreement at the custody conference, the officer must note it or the parties must submit a written proposal signed by both parties to the Court for an order.

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.

CRITICALCivil cases

Applies to

Certificate of readiness

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.

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.

CRITICALCivil cases

Applies to

Parenting plan

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

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

CRITICALCivil cases

Applies to

Support agreement

A support agreement reached in a divorce must be stated separately from the remaining divorce agreement and filed with the appropriate county Domestic Relations Section.

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.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition must 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.

CRITICALCivil cases

Applies to

Petition

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

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

CRITICALCivil cases

Applies to

Stipulation for mediation

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.

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.

CRITICALCivil cases

Applies to

Media deposition

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

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

CRITICALCivil cases

Applies to

Request for return of certified copies

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.

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.

CRITICALCivil cases

Applies to

Divorce complaint

A divorce complaint containing a child support count must allow the Domestic Relations Section to assign a separate domestic relations number.

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.

CRITICALCivil cases

Applies to

Divorce claims

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

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.

CRITICALCivil cases

Applies to

Arbitration award

The arbitrators must prepare the award substantially in the form prescribed by Pa.R.C.P. 1312 and file it 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.

CRITICALCivil cases

Applies to

Motion

Must include

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.

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.

CRITICALCivil cases

Applies to

Notice to defend

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.

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

CRITICALCivil cases

Applies to

Proposed order

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

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

CRITICALCivil cases

Applies to

Rule to show cause

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

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

CRITICALCivil cases

Applies to

Exceptions

Must include

proposed order

A proposed order scheduling argument must be submitted at the same time as exceptions to a certificate of readiness.

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

CRITICALCivil cases

Applies to

Exhibit index

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.

(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.

CRITICALCivil cases

Applies to

Support complaint

Support claims must be initiated in the appropriate county Domestic Relations Section by filing a complaint.

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

CRITICALCivil cases

Applies to

Pleading

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.

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.

CRITICALCivil cases

Applies to

Transcript request

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.

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.

CRITICALCivil cases

Applies to

Divorce complaint

A divorce complaint must be filed with the appropriate county Prothonotary of the Court of Common Pleas.

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

CRITICALCivil cases

Applies to

Motion for continuance

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.

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.

CRITICALCivil cases

Applies to

Motion for summary judgment

Must include

proposed order

A summary-judgment motion must be filed with the Prothonotary before presentation to the Court and include a proposed order scheduling argument.

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.

CRITICALCivil cases

Applies to

Motion for appointment of master

For the specified divorce and annulment actions, a motion for appointment of a master, substantially in the prescribed form, must be filed with the appropriate county Prothonotary for referral to the permanent master.

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.

CRITICALCivil cases

Applies to

Request for entry of divorce decree

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.

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.

CRITICALCivil cases

Applies to

Motion for continuance

A continuance motion based on a calendar conflict from an appearance in another court must include that court’s scheduling order or notice.

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.

CRITICALCivil cases

Applies to

Transcript request

Transcript requests must use the District Court Administrator’s form, which must include all elements required by the Court Administrator of Pennsylvania.

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.

CRITICALCivil cases

Applies to

Proposed order

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

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

CRITICALCivil cases

Applies to

Notice to defend

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.

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

CRITICALCivil cases

Applies to

Document

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

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

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

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

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.

CRITICALCivil cases

Applies to

Proposed order

The proposed order scheduling argument must include the stated phrase specifying the allotted argument time.

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

CRITICALCivil cases

Applies to

Pretrial statement

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

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.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections must be filed with the Prothonotary and include a proposed argument-scheduling order that states the time allotted for argument.

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.

CRITICALCivil cases

Applies to

Child support services application

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

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

CRITICALCivil cases

Applies to

Proposed order

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

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

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition for a rule to show cause must have an attached proposed order in the form prescribed by Pa.R.C.P. 206.5.

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.

CRITICALCivil cases

Applies to

Exhibit

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.

(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.

CRITICALCivil cases

Applies to

Trial list filing

Must include

certificate of service

To place a case on the civil trial list, a party must file a certificate of readiness, a praecipe to list, and a certificate showing service on all other interested parties or their counsel of record.

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.

CRITICALCivil cases

Applies to

Motion for appointment of master

A party requesting appointment of a master must file a motion with the appropriate county Prothonotary in substantially the form prescribed by Pa.R.C.P. 1920.74.

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.

CRITICALCivil cases

Applies to

Custody pretrial statement

Before the custody pretrial conference, the parties must complete and submit a pretrial statement to the Court and opposing party.

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

CRITICALCivil cases

Applies to

Accompanying custody order

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.

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.).

WARNINGCivil cases

Applies to

Proposed order

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.

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.