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Court Rules

Court of Common Pleas of Erie County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Brief
25 pgs
Case Summary
3 pgs
Narrative
3 pgs
Brief Narrative
3 pgs

Courtesy Copies

Case Summary

  • 1 copy

Judgment on the Pleadings Motions

  • 1 copy

Motion

  • 1 copy • Chambers Drop Off • After Filing with Clerk

Opposition Brief

  • 1 copy

Adjournments

  • A trial continuance requires just cause; in non-jury cases, absent exigent circumstances, the motion must be made at least ten days before trial, state its reasons, and be presented to the assigned judge.
Reason for Request
Cases:
Filters:

Page & Word Limits4 rules

Page LimitsMandatoryCivil cases

Except by prior permission of the Court, briefs (exclusive of pages containing the table of contents, table of citations and any addendum containing opinions, etc., or other similar supplementary matter) shall not exceed twenty-five (25) pages of double-spaced conventional typographical printing. This Rule shall not apply to briefs on post-trial motions.

Brief
Up to 25 pages
Format
Double-spaced

Excluded from page count

  • Table of contents
ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 10
|SectionRULE 210. FORM AND CONTENT OF BRIEFS
Page LimitsMandatoryCivil cases

A case summary may not exceed three pages.

Case summary
Up to 3 pages per party

Court's wording

At least 7 days prior to the case management conference, each party shall file with the Prothonotary a brief summary of the case, not to exceed three pages, and mail or deliver a copy to the assigned judge.

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 11
|SectionInitial Case Management Conference
Page LimitsMandatoryCivil cases

The required narrative explaining the delay in prosecuting the case may not exceed three pages.

Narrative
Up to 3 pages

Court's wording

(1) In any case where a party files a timely statement of intention to proceed in response to a notice of proposed termination, the party seeking to proceed, within 14 days from the filing of the notice of intention to proceed, shall file with the Prothonotary a brief narrative, not to exceed three pages, explaining the reason(s) for the delay in prosecuting the case.

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 22
|SectionRULE 230.2. TERMINATION OF INACTIVE CASES
Page LimitsMandatoryCivil cases

After reinstatement, the petitioning party must file a narrative explaining the delay within 14 days; the narrative may not exceed three pages.

Brief narrative
Up to 3 pages

Court's wording

In any case reinstated after termination pursuant to Pa.R.Civ.P. 230.2(d), the petitioning party, within 14 days from the granting of the petition for reinstatement, shall file with the Prothonotary a brief narrative, not to exceed three pages, explaining the reason(s) for the delay in prosecuting the case.

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 23
|SectionReinstatement after Termination

Document Format Requirements14 rules

FormattingMandatoryCivil cases

All papers filed in the Office ofthe Prothonotary shall be filed on letter-sized paper, 8-1/2" X 11".

Paper size
Letter
ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 6
|SectionRULE 205.2(a) PLEADINGS AND OTHER LEGAL PAPERS. PHYSICAL CHARACTERISTICS
FormattingMandatoryCivil cases

All legal papers filed electronically shall be submitted for electronic filing in portable document format (pdf).

File type
PDF
FormattingMandatoryCivil cases

When filing a request for entry of judgment, a party shall provide the Prothonotary with the original and sufficient copies of judgments and notices thereof, together with postage prepaid envelopes addressed to all parties entitled to notice thereof.

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 24
|SectionRULE 236. NOTICE BY PROTHONOTARY OF ENTRY OF JUDGMENT
FormattingMandatoryCivil cases

The Praecipe to Transmit Record shall follow the form set forth in Pa.R.Civ.P. 1920.73(b).

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 55
|SectionRULE 1920.73. PRAECIPE TO TRANSMIT RECORD
FormattingMandatory

Non-documentary Exhibits shall 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 official case record.

Paper size
Letter
Applies to
  • Non-documentary exhibit
RulesJudicialAdministrationCustodyExhibits · p. 2
|SectionLocal Rule 5103. Custody of Exhibits. Special Provisions
FormattingMandatory

All legal papers filed electronically shall be submitted for electronic filing in portable document format (pdf). Proposed orders accompanying a filing may be submitted in Microsoft Word format.

File type
PDF
Rule4 7 · p. 1
|SectionMeans of Electronic Filing
FormattingImportantCivil cases

Non-conforming or illegible briefs will not be considered.

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 10
|SectionRULE 210. FORM AND CONTENT OF BRIEFS
FormattingImportantCivil cases

A claim for child and/or spousal support raised in an action for divorce by complaint, counterclaim or petition shall be substantially in the form set forth in Pa.R.Civ.P. 1910.27.

ErieCountyLocalRulesCivilProcedure · Sep 2024 · p. 50
|SectionRULE 1920.31. CLAIMS FOR CHILD AND/OR SPOUSAL SUPPORT
FormattingImportant

The “Index of Exhibits” accompanying the filed exhibits pursuant to Pa.R.J.A. 5102(b)(2) and this Rule shall be in the form appended to these Rules, or a substantially similar form.

RulesJudicialAdministrationCustodyExhibits · p. 1
|SectionLocal Rule 5102. Custody of Exhibits. General Provisions
FormattingImportant

All copies shall be clear and capable of further reproduction or transfer to digital media.

RulesJudicialAdministrationCustodyExhibits · p. 1
|SectionLocal Rule 5103. Custody of Exhibits. Special Provisions
FormattingImportant

Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the official case record on a universal serial bus (USB) flash drive (or other format if expressly approved by the court). If one proponent has multiple digital exhibits, they may be submitted as separate files on one USB flash drive.

RulesJudicialAdministrationCustodyExhibits · p. 2
|SectionLocal Rule 5103. Custody of Exhibits. Special Provisions
FormattingImportant

Said document shall be clear and capable of further reproduction or transfer to digital media.

RulesJudicialAdministrationCustodyExhibits · p. 2
|SectionLocal Rule 5103. Custody of Exhibits. Special Provisions
FormattingNoteCivil cases

Proposed orders accompanying a filing may be submitted in Microsoft Word format.

FormattingNote

[Attach Additional Pages as Needed]

Formatting

  • Attach additional pages as needed

Document Filing Requirements170 rules

Filing RequirementsMandatoryCivil cases

(a) An appearance by legal counsel shall include counsel’s name, law firm, office address, email address, telephone number, and Pennsylvania Supreme Court attorney identification number.

OrphansCourtRules · p. 4
|Section1.7 Entry and Withdrawal of Counsel
Filing RequirementsMandatoryCivil cases

(b) Requests for leave to withdraw filed by counsel shall aver that the client is on notice of the request, and state whether the client is in agreement with the withdrawal.

OrphansCourtRules · p. 4
|Section1.7 Entry and Withdrawal of Counsel
Filing RequirementsMandatoryCivil cases

(i) If a matter is scheduled for argument or hearing at the time of entry or withdrawal of appearance, notice of same shall be provided to the judge before whom the argument or hearing is scheduled.

OrphansCourtRules · p. 4
|Section1.7 Entry and Withdrawal of Counsel
Filing RequirementsMandatoryCivil cases

(b) Notice of a written agreement to extend any time limitation shall be provided to the court if a judge is actively involved in the case.

OrphansCourtRules · p. 4
|Section1.4 Extension of Time Limitations
Filing RequirementsMandatoryCivil cases

(c) A Motion Cover Sheet in the form appended to these Local Rules as Form A shall accompany all motions, petitions, and other requests for relief presented in Motion Court.

OrphansCourtRules · p. 4
|Section1.8 Forms
Filing RequirementsMandatoryCivil cases

If the fiduciary requests the court to withhold distribution to a foreign distributee, he or she shall submit the written report, verified by the fiduciary or the fiduciary’s counsel, which shall set forth: (i) The relationship of the distributee to the decedent, and any available information concerning his/her present whereabouts;

OrphansCourtRules · p. 5
|SectionCHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Filing RequirementsMandatoryCivil cases

The report required by Pa.R.O.C.P. 2.10(b) shall be submitted at the audit to the court and auditor, and shall include substantially the following:

OrphansCourtRules · p. 5
|SectionCHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Filing RequirementsMandatoryCivil cases

Post-filing receipts or disbursements may be included in a supplemental account, which must be signed and verified, filed with the Clerk, and noticed as required for an account.

Court's wording

Receipts received or disbursements made after filing an account and petition for adjudication/statement of proposed distribution may be accounted for in a supplemental account. The supplemental account shall be signed and verified by the accountant(s) and filed with the Clerk, with notice in the same manner as required by Pa.R.O.C.P 2.5 with respect to an account.

OrphansCourtRules · p. 5
|SectionCHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Filing RequirementsMandatoryCivil cases

(ii) In cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain; and (iii) The reasons for the request that distribution be withheld, and the suggested manner of withholding.

OrphansCourtRules · p. 5
|SectionCHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Filing RequirementsMandatoryCivil cases

If a distributee’s existence, identity, or whereabouts is unknown, or there are no known heirs, the fiduciary must submit a verified report detailing the investigation and pertinent, feasible sources consulted.

Court's wording

If it appears that the existence, identity or whereabouts of a distributee is unknown, or there are no known heirs, the fiduciary shall submit the written report, verified by the fiduciary or the fiduciary’s counsel, which shall set forth: (i) The nature of the investigation made to locate the heirs of the decedent, in complete detail. The term “investigation,” as used in this Local Rule, shall include inquiry of or to as many of the following as may be pertinent and feasible: Residents of the household in which the decedent resided; friends and neighbors; beneficial organizations; insurance records; church membership; school records; social security, Veterans’ Administration or military service records; naturalization records, if not native born; and such other sources of information as the circumstances may suggest; and

OrphansCourtRules · p. 6
|SectionCHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Filing RequirementsMandatoryCivil cases

(v) If the motion is presented on an emergency basis without the above-required notice, it shall contain a certification that the requested relief is necessary to prevent immediate and irreparable harm.

OrphansCourtRules · p. 6
|SectionCHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING
Filing RequirementsMandatoryCivil cases

(ii) In cases of intestacy or where there are no known heirs, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain.

OrphansCourtRules · p. 6
|SectionCHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Filing RequirementsMandatoryCivil cases

(c) All motions shall be accompanied by a completed Motion Cover Sheet in the form appended as Form A to these Local Rules.

OrphansCourtRules · p. 6
|SectionCHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING
Filing RequirementsMandatoryCivil cases

(iv) The motion must contain a certification signed by counsel or unrepresented moving Party verifying that proper notice was given under this Local Rule.

OrphansCourtRules · p. 6
|SectionCHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING
Filing RequirementsMandatoryCivil cases

(iii) The notice shall give the date and time when the motion will be presented at Motion Court and be accompanied by a copy of the motion and Proposed Order.

OrphansCourtRules · p. 6
|SectionCHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING
Filing RequirementsMandatoryCivil cases

(1) If an uncontested motion is filed by mail, a copy shall be simultaneously mailed to the judge accompanied by a completed Motion Cover Sheet and Proposed Order.

OrphansCourtRules · p. 7
|Section3.0(e)(i)(1)
Filing RequirementsMandatoryCivil cases

(d) Immediately after obtaining a hearing date, the petitioner shall file the original petition and signed Scheduling Order with the Clerk and serve copies of same in accordance with applicable State Rules.

Filing RequirementsMandatoryCivil cases

(d) A Proposed Order shall be attached to all motions.

Document
Motion

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

(c) All preliminary objections shall be accompanied by a Proposed Order and supporting brief.

Filing RequirementsMandatoryCivil cases

A completed Motion Cover Sheet must accompany the copy of an uncontested motion delivered to chambers.

Court's wording

(i) Uncontested motions delivered to a judge’s chambers must first be filed with the Clerk. A copy of the uncontested motion, accompanied by a completed Motion Cover Sheet, shall then be delivered to the judge’s chambers.

OrphansCourtRules · p. 7
|Section3.0(e)(i)
Filing RequirementsMandatoryCivil cases

(d) The original and one copy of all petitions requesting a hearing shall first be taken to Court Administration for assignment of a hearing date.

Filing RequirementsMandatoryCivil cases

All legal paper filed with the Clerk must be endorsed with specified contact and identification information for the filing party or counsel.

Court's wording

4.1 Format of All Legal Paper. In addition to the requirements of Pa.R.O.C.P. 4.1, all legal paper filed with the Clerk shall be endorsed by the filing party. If the filing party is represented by counsel, the attorney shall provide their name, law firm, office address, email address, telephone number, and Pennsylvania Supreme Court identification number. If the filing party is unrepresented, their endorsement shall include their name, address and telephone number.

Filing RequirementsMandatoryCivil cases

A petition to determine title to real property must include the petitioner’s identity and relationship to the decedent, the basis of the claim, relevant death and letters information, property and deed details, known creditors and interested parties, and material title facts.

Court's wording

A petition under PEF Code Section 3546 for the determination of title to real property shall, in addition to the requirements of Chapter Ill of the State Rules, set forth: (i) The name of the petitioner and the relationship of the petitioner to the decedent; (ii) The facts on which the claim of the petitioner is based; (iii) Whether the decedent died testate or intestate, and where, when and to whom letters were granted; (iv) A description of real property located within the Commonwealth, and instrument number or the place, book, and page of recording of the last deed thereto; (v) The names and addresses of all known creditors and interested parties; and (vi) The facts material to a determination of the title.

OrphansCourtRules · p. 9
|Section5.16 Determination of Title to Real Property (PEF Code Section 3546)
Filing RequirementsMandatoryCivil cases

The following documents shall be attached as exhibits to the petition: (i) The notice which has been given to creditors, interested parties, and, if the heirs of the decedent are unknown, a copy of the notice given to the attorney general; and (ii) A copy of the decedent’s will.

OrphansCourtRules · p. 9
|Section5.16 Determination of Title to Real Property (PEF Code Section 3546)
Filing RequirementsMandatoryCivil cases

Absent agreement of the Parties, leave of court is required to engage in discovery, including depositions and written discovery. Requests to conduct discovery shall be presented by motion in accordance with Erie O.C.R. 3.0.

OrphansCourtRules · p. 10
|Section7.1 Depositions, Discovery, Production of Documents, Perpetuation of Testimony, and Subpoenas to Attend and Testify
Filing RequirementsMandatoryCivil cases

The mailed notice must identify the creator and nature of the property interest, inform the recipient of beneficiary status and provide the instrument or a description of the interest, and give an address where the instrument can be obtained.

Court's wording

The notice shall be submitted by regular U.S. mail and shall include the following: (i) The name of the creator of the property interest; (ii) The nature of the property interest created; (iii) Notification that the addressee has been named as a beneficiary in said dispositive instrument and a copy of such instrument or a description of the beneficiary’s interest under the terms of the instrument; and (iv) The address where a copy of the dispositive interest instrument can be acquired if desired.

OrphansCourtRules · p. 10
|Section5.17 Filing of Dispositive Instruments Including Wills Without Issuance of Letters
Filing RequirementsMandatoryCivil cases

A small-estate petition must attach an original death certificate and, if one exists, the decedent’s original will or a copy when probate has not been opened, and must attach a statement of distribution when distributees are identified under the cited rule.

Court's wording

In addition to the requirements of the State Rules, the following documents shall be attached as exhibits to the petition: (a) If probate has not been opened, an original death certificate; (b) If probate has not been opened, the decedent’s original will, or a copy thereof, if any, as set forth in Pa.R.O.C.P. 5.50(b)(1)(iii); and (c) If distributees are identified in accordance with Pa.R.O.C.P. 5.50(b)(4)(i) and/or (b)(4)(ii), a statement of distribution of the assets of the decedent’s estate.

OrphansCourtRules · p. 10
|Section5.50 Settlement of Small Estates by Petition
Filing RequirementsMandatoryCivil cases

All motions for judgment on the pleadings shall be accompanied by a Proposed Order and supporting brief.

Document
Motion for judgment on the pleadings

Must include

  • Proposed order
OrphansCourtRules · p. 11
|Section7.2 Motion for Judgment on the Pleadings
Filing RequirementsMandatoryCivil cases

All motions for summary judgment shall be accompanied by a Proposed Order and supporting brief.

Document
Motion for summary judgment

Must include

  • Proposed order
OrphansCourtRules · p. 11
|Section7.3 Motion for Summary Judgment
Filing RequirementsMandatoryCivil cases

A death certificate for the decedent shall be presented to the Register for inspection and verification of information at the time of presentation of a petition for grant of letters.

OrphansCourtRules · p. 12
|Section10.2 Petition Practice
Filing RequirementsMandatoryCivil cases

A petition must identify an investigator contact and state whether an interpreter is needed and which language the alleged incapacitated person understands.

Court's wording

(a) Petition Contents. In addition to requirements of Pa.R.O.C.P. 14.2(a), the petition shall state the following: (i) The name, address and telephone number of a contact person or office for use by the Orphan’s Court investigator to schedule an appointment with the alleged incapacitated person. (ii) Whether a language interpreter service is required to communicate with the alleged incapacitated person, and what language the alleged incapacitated person understands.

OrphansCourtRules · p. 13
|SectionCHAPTER XIV - INCAPACITATED PERSONS, Rule 14.2(a)
Filing RequirementsMandatoryCivil cases

The Proposed Order for emergency guardianship shall state, or designate blank space for stating, the specific date the order will expire.

OrphansCourtRules · p. 13
|SectionCHAPTER XIV - INCAPACITATED PERSONS, Rule 14.2(d)(ii)
Filing RequirementsMandatoryCivil cases

Further, under State Rule 15.13 (Adoption), unless the petition for adoption contains averments explaining why they are not attached, criminal history and child abuse clearance reports for each prospective adoptive parent must be attached to the petition for adoption.

Filing RequirementsMandatoryCivil cases

The undersigned represents that all counsel and unrepresented parties have consented to the motion and consents are attached to the motion.

OrphansCourtRules · p. 16
|SectionCertification of Service — Uncontested Motion
Filing RequirementsMandatory

The original transcript request shall be on a standardized form ("Transcript Request Form") provided by the Administrative Office of Pennsylvania Courts and shall be filed with the appropriate filing office for the case docket.

RulesJudicialAdministrationRequestsTranscripts · p. 1
|SectionRule 4007. Requests for Transcripts
Filing RequirementsMandatory

A petition for waiver or reduction of transcript costs must include the case caption and docket number, statements about appeal status and litigation need, and a completed and executed affidavit substantially in the prescribed form.

Document
Petition

Must include

  • Caption

Court's wording

The petition must include: (a) the caption and docket number of the case; (b) a statement indicating whether or not the transcript is in a matter which is currently under appeal; (c) a statement indicating whether or not the transcript is necessary to advance pending litigation; and form (d) a fully completed and executed affidavit substantially in the form required by Pennsylvania Rule of Civil Procedure 240(h).

RulesJudicialAdministrationRequestsTranscripts · p. 3
|SectionRule 4007. Requests for Transcripts
Filing RequirementsMandatory

The order granting the litigant in forma forma pauperis status shall be attached to the Form which is filed and served in accordance with Pa.R.J.A. Transcript Request Form 4007 and Erie County Rule of Judicial Administration 4007. In addition to attaching the order to the request, the litigant should also attach a verified statement indicating that the party is aware of his or her continuing obligation to inform the court of improvement in his or her financial circumstances and that no such improvement has occurred since entry of the order granting permission to proceed informa pauperis.

RulesJudicialAdministrationRequestsTranscripts · p. 3
|SectionRule 4007. Requests for Transcripts
Filing RequirementsMandatoryCriminal cases

The application shall include language that waives Pa.R.Crim.P. 600. See, Local Rule 310(D).

FinalProposedCriminalLocalRules · Jun 2025 · p. 4
|SectionRULE 310 – ACCELERATED REHABILITATION DISPOSITION
Filing RequirementsMandatoryCriminal cases

The original ARD application must be filed with the Clerk of Courts, with copies filed at the Criminal Court Administrator’s Office and the applicable prosecutor’s office.

Court's wording

An original application for entry into the Accelerated Rehabilitation Disposition (ARD) program shall be filed with the Clerk of Courts, and copies shall be filed at the Office of the Criminal Court Administrator and the Erie County District Attorney’s Office or, where applicable, the Attorney General’s Office.

FinalProposedCriminalLocalRules · Jun 2025 · p. 4
|SectionRULE 310 – ACCELERATED REHABILITATION DISPOSITION
Filing RequirementsMandatoryCriminal cases

After the filing of a criminal information, an original application for entry into the Drug Court, Veterans’ Court, or Mental Health Court programs shall be filed with the Clerk of Courts, and copies shall be filed at the Office of the Criminal Court Administrator and the Erie County District Attorney’s Office.

FinalProposedCriminalLocalRules · Jun 2025 · p. 5
|SectionRULE 570 - CASE ASSIGNMENTS
Filing RequirementsMandatoryCriminal cases

All motions shall indicate in writing whether all counsel of record and any unrepresented parties consent to the relief requested.

FinalProposedCriminalLocalRules · Jun 2025 · p. 6
|SectionRULE 576 –PRESENTATION, FILING AND SERVICE OF MOTIONS
Filing RequirementsMandatoryCriminal cases

The defendant and counsel must appear for arraignment unless a signed Waiver of Arraignment and Entry of Appearance is filed before the scheduled date.

Document
Waiver of arraignment

Must include

  • Waiver of Arraignment and Entry of Appearance

Court's wording

The defendant and counsel (or a representative of counsel) shall be required to appear at the scheduled time of arraignment unless a waiver is filed. The defendant and counsel may waive appearance at arraignment by the filing of a signed "Waiver of Arraignment and Entry of Appearance" before the scheduled date of arraignment.

Filing RequirementsMandatoryCriminal cases

INSTRUCTIONS: Answer all questions that apply. If a question does not apply, answer it with the initials “N.A”

Filing RequirementsMandatoryCriminal cases

PLEASE SUBMIT COPY OF CRIMINAL COMPLAINT OR CRIMINAL INFORMATION WITH THIS APPLICATION.

Filing RequirementsMandatoryCriminal cases

PLEASE SUBMIT COPY OF CRIMINAL COMPLAINT OR THE CRIMINAL INFORMATION WITH THIS APPLICATION.

Filing RequirementsMandatoryCriminal cases

Applicants must submit a copy of their DD Form 214 and forward it to Matthew Cullen at the District Attorney’s Office.

Court's wording

**You are required to submit a copy of your DD Form 214, Certificate of Release or Discharge from Active Duty. Please forward the DD Form 214 to Matthew Cullen at the District Attorney’s Office at the address below.

Filing RequirementsMandatoryCriminal cases

The substitution-of-counsel form includes a certificate confirming compliance with Pennsylvania's Public Access Policy for confidential information and documents.

Court's wording

CERTIFICATE OF COMPLIANCE The undersigned certifies that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non- confidential information and documents.

Filing RequirementsMandatoryCriminal cases

The substitution-of-counsel form includes a certificate stating that the document was served on all counsel of record and unrepresented parties.

Document
Substitution of counsel

Include

  • Certificate of service

Court's wording

CERTIFICATE OF SERVICE The undersigned hereby certifies that on the ___ day of ________, 20___, a copy of the within document was served on all counsel of record and unrepresented parties in accordance with the applicable rules of court.

Filing RequirementsMandatory

a. The complaint shall be in writing, signed by the complainant, and contain a statement of the alleged misconduct, financial dispute, or other matter related to the performance of judicial duties.

Filing RequirementsMandatory

c. The written complaint shall substantially conform to the form set forth at Rule 8 herein.

Filing RequirementsMandatory

he or she must provide to the Deputy Court Administrator a written response to the complaint

Filing RequirementsMandatory

in matters falling outside the Constable Review Board's authority, forward the complaint file to the President Judge with written notification to the President Judge and the complainant that the complaint falls outside the scope of the Board's authority and list the reason(s) for that finding.

RulesJudicialAdministrationConstableReviewBoard · p. 3
|SectionRule 6. Constable Review Board Action

Filing & Service rules

Electronic Filing Rules

The listed warrant applications, grand jury materials subject to stated exceptions, authorized ex parte or sealed submissions, and evidentiary exhibits may not be filed electronically.

The following documents are excluded from the definition of “legal paper” and are therefore prohibited from being filed electronically: (a) applications for search warrants, (b) applications for arrest warrants, (c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment, (d) submissions filed ex parte as authorized by law, (e) submissions filed or authorized to be filed under seal, (f) exhibits offered into evidence, whether or not admitted, in a court proceedings, and

Criminal cases

Page 1 | Rule 576.1. Electronic Filing in Criminal Dockets

Attorneys and self-represented parties filing electronically must establish a PACFile account through the Unified Judicial System of Pennsylvania Web Portal.

Attorneys or self-represented parties who file legal papers electronically must establish a PACFile account using the Unified Judicial System of Pennsylvania Web Portal.

Criminal cases

Page 1 | Rule 576.1. Electronic Filing in Criminal Dockets

PACFile is the exclusive system for electronic filing.

“the system,” the PACFile electronic filing system, developed and administered by the Administrative Office of Pennsylvania Courts, is the exclusive system for electronic filing.

Criminal cases

Page 1 | Rule 576.1. Electronic Filing in Criminal Dockets

Pre-trial motions must be filed with the Clerk of Courts and delivered by hand or U.S. Mail to the assigned judge, or to the Criminal Division motion-court judge if no judge is assigned.

All pre-trial motions shall filed with the clerk of courts and delivered to assigned judge either by hand delivery to the assigned judge’s chambers or by U.S. Mail. If there is no judge assigned to the case at the time a party intends to present a motion, then the motion shall be delivered in the same manner to the judge then serving as the motion court judge in the Criminal Division.

Criminal cases

Page 6 | RULE 576 –PRESENTATION, FILING AND SERVICE OF MOTIONS

Legal papers filed electronically must be filed through the Prothonotary's electronic filing system; parties may be required to register and provide identifying information.

All legal papers filed electronically shall be filed through the Prothonotary's electronic filing system, which shall be accessible through the Erie County Prothonotary's website at https://eriecountypa. gov/departments/clerk-of-records/prothonotary-civil-records/. Parties may be required to register prior to utilizing the electronic filing system. As part of the registration process, parties may be required to provide a name, mailing address, e-mail address, phone number, and/or other identifying information as determined by the Prothonotary.

Civil cases

Page 7

Electronic legal papers must be filed through the Clerk’s system, and parties may be required to register and provide identifying information before using it.

All legal papers filed electronically shall be filed through the Clerk’s electronic filing system. Parties may be required to register prior to utilizing the electronic filing system. As part of the registration process, parties may be required to provide a name, mailing address, e-mail address, phone number, and/or other identifying information as determined by the Clerk.

Page 1 | Means of Electronic Filing

Once an electronic filing system is implemented, electronic filing of legal papers is permitted in civil cases except for the listed categories.

Upon implementation of an electronic filing system, the Erie County Court of Common Pleas shall permit the electronic filing of legal papers in all civil cases, except: (A) All filings pertaining to Family Division and Domestic Relations Section matters; (B) All filings in cases brought pursuant to either the Protection From Abuse Act and the Protection of Victims of Sexual Violence or Intimidation Act; (C) A name change petition; (D) A motion for involuntary transfer of vehicle ownership; (E) An appeal from a driver's license suspension; or

Civil cases

Page 6 | RULE 205.4 ELECTRONIC FILING AND SERVICE OF LEGAL PAPERS

Electronic filing is permitted but not required in criminal dockets.

Electronic filing is permissive and not mandatory.

Criminal cases

Page 1 | Rule 576.1. Electronic Filing in Criminal Dockets

Attorneys and self-represented parties unable or unwilling to e-file may file and serve legal papers in physical paper format.

Attorneys or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.

Criminal cases

Page 2 | Service of Legal Papers

A complaint may be submitted by mail, email, fax, or another electronic means that can generate a paper copy.

b. The complaint may be submitted by mail, e-mail, fax, or any other electronic means by which a paper copy may be generated.

Page 2 | Rule 5. Filing a Complaint

Legal filings permitted under the Pennsylvania Orphans’ Court Rules may be filed electronically with the Clerk under the stated procedures.

Any legal filing permitted under the Pennsylvania Orphans’ Court Rules may be filed electronically with the Clerk under the procedures set forth in this Rule and consistent with the procedures set forth in Pa.R.O.C.P. 4.7.

Page 1 | Authorization for Electronic Filing

Legal papers may be submitted in hard copy; the Clerk scans and maintains them as PDFs and may return the scanned papers to the filing party for retention.

Legal papers may be submitted to the Clerk in hard copy format. When a legal paper is submitted in hard copy format, the Clerk shall electronically scan such legal paper into pdf format and maintain it in that format. Any legal paper scanned into pdf format may be returned to the filing party for retention pursuant to Pa.R.O.C.P. 4.7(c)(3).

Page 1 | Submission of Hard Copies

The Clerk’s electronic filing system is accessible through the specified Erie County Clerk of Orphans’ Court website.

The Clerk’s electronic filing system shall be accessible through the Erie County Clerk of Orphans’ Court website at https://eriecountypa.gov/departments/clerk-of-records/register-of-wills-estate-records/.

Page 1 | Website

Filing Timing and Cure Windows

Accounts must be filed according to the Clerk’s published audit calendar to appear on a particular audit list.

For accounts to appear on a particular audit list, they must be filed in accordance with the audit calendar published by the Clerk.

Civil cases

Page 5 | CHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS

The objecting party or counsel must schedule a hearing within 20 days after filing an objection, following the petition-practice procedure.

Within twenty (20) days of filing an objection, the objecting party or their attorney shall schedule a hearing thereon following the procedure for petition practice under Erie O.C.R. 3.5.

Civil cases

Page 5 | CHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS

An order must be filed on the date it is signed.

All orders shall be filed on the date the order is signed.

Civil cases

Page 7 | 3.5(d)

If no amended pleading is filed as required, the opposition brief must be filed within 20 days after service of the preliminary objections.

(d) If an amended pleading is not filed in accordance with Pa.R.O.C.P. 3.9(d)(1), a brief in opposition to preliminary objections shall be filed within twenty (20) days of the date of service of the preliminary objections, and copies provided to the assigned judge.

Civil cases

Page 8 | 3.9(d)

The answer and opposition brief must be filed within 20 days after service of the motion for judgment on the pleadings.

An answer to motion for judgment on the pleadings and brief in opposition to the motion shall be filed within twenty (20) days of service of the motion for judgment on the pleadings.

Civil cases

Page 11 | 7.2 Motion for Judgment on the Pleadings

The adoption petition and required clearances must be filed before termination of parental rights unless good cause is stated in the petition and substantiated at the hearing.

Accordingly, absent good cause stated in the adoption petition and substantiated at the termination of parental rights hearing, the requisite adoption petition and clearances must be filed before termination of parental rights.

Civil cases

Page 15 | Adoptions

If an ARD application is made after arraignment, filing it tolls the deadlines, and any remaining time resumes on the date of refusal or revocation.

2. When the application is made after arraignment, filing of the application shall toll the running of the deadlines. Any number of days remaining shall remain and calculations will recommence upon date of refusal or revocation.

Criminal cases

Page 4 | RULE 310 – ACCELERATED REHABILITATION DISPOSITION

If an ARD application is made before arraignment, filing deadlines are preserved and deadline calculations begin on the date of refusal or revocation.

1. When the application is made before arraignment, all filing deadlines are preserved, and calculations shall commence upon date of refusal or revocation.

Criminal cases

Page 4 | RULE 310 – ACCELERATED REHABILITATION DISPOSITION

The referenced deadline is deemed missed and unavailable unless the court orders otherwise.

deadline shall be deemed missed and unavailable except upon order of the court.

Criminal cases

Page 5 | RULE 310 – ACCELERATED REHABILITATION DISPOSITION

A waiver of arraignment must be filed before the scheduled arraignment date to excuse the required appearance.

The defendant and counsel (or a representative of counsel) shall be required to appear at the scheduled time of arraignment unless a waiver is filed. The defendant and counsel may waive appearance at arraignment by the filing of a signed "Waiver of Arraignment and Entry of Appearance" before the scheduled date of arraignment.

Criminal cases

Page 6 | RULE 571 - ARRAIGNMENT

Deadlines for filing motions begin on the date of the scheduled arraignment.

NOTE: Time limits within which motions must be filed will commence the date of your scheduled arraignment.

Criminal cases

Page 29 | APPENDIX

The constable/respondent must provide a written response within 20 days of notice, or sooner if ordered by the President Judge.

provide written notice to the constable/respondent that he or she must provide to the Deputy Court Administrator a written response to the complaint within 20 days, or less if the President Judge so orders, from the date of such notice.

Page 3 | Rule 5. Filing a Complaint

If the last day of a period falls on a County Holiday or a day when the County Courthouse is closed, omit that day from the computation.

Whenever the last day of any such period shall fall on a County Holiday or on any other day when the County Courthouse is closed, such day shall be omitted from the computation.

Civil cases

Page 6 | RULES OF CONSTRUCTION

Unless the order states otherwise, the moving party must immediately file the original of any motion-related order with the Prothonotary after it is issued.

After any order is issued by the Court relating to a motion, whether such order grants or denies the relief requested, schedules argument thereon or deals ,vith any other related matter, and unless the order states otherwise, the moving party shall immediately file the original of said order with the Prothonotary

Civil cases

Page 9 | RULE 208.3(a). MOTIONS. NON-DISPOSITIVE. PROCEDURES

A response to a contested motion must be filed within 20 days after service of the motion.

With respect to any motion which is contested, a response shall be filed within twenty (20) days after service of the motion.

Civil cases

Page 10 | RULE 208.3(b). MOTIONS. NON-DISPOSITIVE. RESPONSES

Each party must file a case summary with the Prothonotary at least 7 days before the conference and send a copy to the assigned judge.

At least 7 days prior to the case management conference, each party shall file with the Prothonotary a brief summary of the case, not to exceed three pages, and mail or deliver a copy to the assigned judge.

Civil cases

Page 11 | Initial Case Management Conference

Points for charge must be submitted before jury selection, but may be supplemented before closing arguments.

Points for charge shall be submitted prior to selection of the jury with the right to supplement them prior to closing arguments.

Civil cases

Page 20 | RULE 226. POINTS FOR CHARGE. MOTION FOR DIRECTED VERDICT

After filing a timely statement of intention to proceed in response to a proposed-termination notice, the party must file a narrative with the Prothonotary within 14 days, explaining the prosecution delay and limited to three pages.

(1) In any case where a party files a timely statement of intention to proceed in response to a notice of proposed termination, the party seeking to proceed, within 14 days from the filing of the notice of intention to proceed, shall file with the Prothonotary a brief narrative, not to exceed three pages, explaining the reason(s) for the delay in prosecuting the case.

Civil cases

Page 22 | RULE 230.2. TERMINATION OF INACTIVE CASES

The petitioning party must file the reinstatement narrative within 14 days after the petition for reinstatement is granted.

In any case reinstated after termination pursuant to Pa.R.Civ.P. 230.2(d), the petitioning party, within 14 days from the granting of the petition for reinstatement, shall file with the Prothonotary a brief narrative, not to exceed three pages, explaining the reason(s) for the delay in prosecuting the case.

Civil cases

Page 23 | Reinstatement after Termination

If no judge is assigned when the action commences, a party may request assignment at any time but must do so before filing a petition, praecipe, or motion requiring judicial attention.

If judicial assignment does not occur upon the commencement of the action, a request for judicial assignment may be made at any time, and shall be made prior to the filing ofany petition, praecipe, or motion requiring judicial attention.

Civil cases

Page 25 | RULE 302. TRIAL DIVISION JUDICIAL ASSIGNMENT

A party seeking to have the Court receive evidence for cause or in its discretion must file a judicial-assignment request with the trial court administrator and present an appropriate motion within 20 days after docketing of the administrative record.

In cases where the Court may receive evidence for cause sho'Nn, or at the discretion of the Court, any party wishing to request that the Court receive evidence, shall file a request for judicial assignment with the trial court administrator and present an appropriate motion to the assigned judge within twenty (20) days after the docketing of the record of the administrative proceeding being reviewed.

Civil cases

Page 27 | RULE 311. PROCEDURE IN STATUTORY APPEALS

A party entitled to a de novo hearing or to supplement the record must request judicial assignment and submit an appropriate motion within 20 days of docketing the appeal.

In cases where a party is entitled, as a matter of right, to have either a de novo evidentiary hearing in this Court, or to supplement the record made in the administrative proceedings, any party so entitled shall request, within twenty (20) days of the docketing of the appeal, judicial assignment and submit an appropriate motion to the assigned judge for hearing.

Civil cases

Page 27 | RULE 311. PROCEDURE IN STATUTORY APPEALS

In the specified appeals, request a judge assignment after 20 days from docketing of the administrative record or denial of the motion for additional evidence, whichever is later.

In cases where the Court does not have the prerogative of receiving evidence in lieu of or in supplement to the record made in the administrative proceedings, or in cases where no motion for additional evidence was filed or granted pursuant to paragraph (d) herein, the disposition of appeals shall be by requesting a judge assignment after twenty (20) days of the docketing of the record from the administrative proceeding or after the denial of the motion for additional evidence, whichever is later.

Civil cases

Page 27 | RULE 311. PROCEDURE IN STATUTORY APPEALS

The deadline for submitting proposed findings of fact and merits briefs is set by the hearing judge’s schedule, after the evidentiary proceedings close.

In cases in which evidence is received by the Court pursuant to this Rule, all parties shall submit proposed findings offact to the Court, after the close ofthe evidentiary proceedings, along with their respective briefs on the merits of the appeal in accordance with a schedule fixed by the hearing Judge.

Civil cases

Page 28 | RULE 311. PROCEDURE IN STATUTORY APPEALS

Unless a statute or Rule of Court specifies a different time, the agency must docket the record with the Prothonotary no later than 30 days after service of the notice of appeal.

Unless a different time is specified by statute, or Rule of Court, it shall be the duty of the administrative agency involved to docket the record of the proceedings before it with the Prothonotary no later than thirty (30) days from service of the notice of appeal upon the tribunal or agency.

Civil cases

Page 28 | RULE 311. PROCEDURE IN STATUTORY APPEALS

A case may not be listed for argument, and a motion requesting a hearing may not be filed, until the administrative record is docketed with the Prothonotary.

No case shall be listed for argument and no motion shall be filed requesting that a hearing be set until the record of the administrative tribunal is docketed with the Prothonotary.

Civil cases

Page 28 | RULE 311. PROCEDURE IN STATUTORY APPEALS

In eminent-domain proceedings, the Prothonotary must deposit the funds in a federally insured depository within five days of receipt.

the Prothonotary, 'within five (5) days of receipt of such funds or damages, deposit the same in a federally insured depository in Erie County, Pennsylvania

Civil cases

Page 31 | RULE 506. MONEY PAID INTO COURT

A dissatisfied plaintiff must, within 30 days after notification, file exceptions and move for appointment of an auditor.

Within thirty (30) days after such notification the plaintiff, if dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the appointment of an auditor to hear and report upon questions of fact and law raised by the exceptions.

Civil cases

Page 32 | RULE 508. ACCOUNTING

A defendant ordered to account must state the account and file it with the Prothonotary within 30 days, unless the Court allows more time for cause shown.

When in any action a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days (unless the Court shall for cause shown allow a longer time), state the account and file the statement thereof in the Office of the Prothonotary

Civil cases

Page 32 | RULE 508. ACCOUNTING

The objecting party must file its brief within 30 days after filing preliminary objections.

Within thirty (30) days after the filing of preliminary objections, the objecting party shall file a brief and serve a copy ofthe brief upon all counsel of record and unrepresented parties.

Civil cases

Page 33 | RULE 1028(c). PRELIMINARY OBJECTIONS

The non-moving party must file a responding brief within 30 days after receiving the objecting party's brief.

The non-moving party shall file with the Prothonotary's office a responding brief within thirty (30) days of receipt of the objecting party's brief.

Civil cases

Page 33 | RULE 1028(c). PRELIMINARY OBJECTIONS

Service and Proof of Service Rules

Legal papers served on an attorney or party without a PACFile account must be served in accordance with Pa.R.Crim.P. 114(B) and 576(b).

Service of legal papers on any attorney or party who has not established an account as provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P. 114(B) and 576(b).

Criminal cases

Page 2 | Service of Legal Papers

When scheduling the hearing, the objecting party must notify the parties entitled to notice under Pa.R.O.C.P. 2.5 and the auditor of its date and time.

The objecting party scheduling the hearing shall notify all Parties receiving notice pursuant to Pa.R.O.C.P. 2.5 and the orphans’ court auditor of the date and time of the hearing.

Civil cases

Page 5 | CHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS

Before a contested motion is presented, written notice must be given to all counsel and unrepresented parties at least two full business days beforehand by personal delivery or facsimile transmission.

(i) Two (2) full business days' written notice must be given by personal delivery or facsimile transmission to all counsel and unrepresented Parties, or

Civil cases

Page 6 | CHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING

If notice of a contested motion is sent by regular mail, it must be given at least five full business days before presentation.

(ii) Five (5) full business days if notice is by regular mail.

Civil cases

Page 6 | CHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING

Copies of the petition and signed Scheduling Order must be served according to the applicable State Rules.

(d) Immediately after obtaining a hearing date, the petitioner shall file the original petition and signed Scheduling Order with the Clerk and serve copies of same in accordance with applicable State Rules.

Civil cases

Page 7 | 3.5(d)

Public-sale notice must be advertised weekly for three successive weeks in the specified publications, with the first advertisement at least 20 days before the sale.

By advertisement once a week for three (3) successive weeks, the first of which shall be at least twenty (20) days prior to the date set for the sale of the property, in the Erie County Legal Journal and in one newspaper of general circulation in Erie County

Civil cases

Page 9 | 5.10 Public Sale of Real Property

Notice in a title-determination proceeding must conform to PEF Code Section 3546(f) and Pa.R.O.C.P. Chapter 3.

Notice shall be given in conformity with PEF Code Section 3546(f) and Pa.R.O.C.P. Chapter 3.

Civil cases

Page 9 | 5.16 Determination of Title to Real Property (PEF Code Section 3546)

In the specified proceedings, the fiduciary must notify the named individuals and entities, any required attorney general, and heirs identified in the related proof of death by regular U.S. mail within six months of the event giving rise to the disposition.

In every proceeding involving a dispositive instrument requiring the filing of a Pennsylvania inheritance tax return other than a grant of letters, the fiduciary shall within six (6) months of the event giving rise to the disposition of any interest in any property, notify all individuals and entities (and the attorney general where required) named in said dispositive instrument, and all heirs named in a proof of death filed in conjunction therewith, of the happening of the event giving rise to the disposition of the interest. The notice shall be submitted by regular U.S. mail

Civil cases

Page 9 | 5.17 Filing of Dispositive Instruments Including Wills Without Issuance of Letters

If notice is given by handbill, it must be posted conspicuously on the property at least 20 days before the sale, and proof of posting must be filed with the Clerk.

By handbill, which shall be posted at a conspicuous place on the real property to be sold, at least twenty (20) days prior to the date set for the sale of the property, and proof of posting filed with the Clerk

Civil cases

Page 9 | 5.10 Public Sale of Real Property

By personal notice, as required by Chapter III of the State Orphans’ Court Rules, to all Interested Parties, of the time and place of the proposed sale, at least twenty (20) days prior to the date set for the sale of the property.

By personal notice, as required by Chapter III of the State Orphans’ Court Rules, to all Interested Parties, of the time and place of the proposed sale, at least twenty (20) days prior to the date set for the sale of the property.

Civil cases

Page 9 | 5.10 Public Sale of Real Property

An auditor or hearing officer must give all interested parties at least 20 days’ notice of the time and place of the first hearing, using the manner prescribed by Chapter IV of the State Orphans’ Court Rules.

An auditor or hearing officer shall give at least twenty (20) days' notice of the time and place of their first hearing to all Interested Parties in the manner set forth in Chapter IV of the State Orphans’ Court Rules.

Civil cases

Page 12 | 9.1 Notice of Hearings

An auditor or hearing officer must notify all interested parties of the report’s filing or intended filing in the manner prescribed by State Rule 4.3.

An auditor or hearing officer shall give notice of the filing of their report or of the intention to file their report to all interested parties in the manner set forth in State Rule 4.3.

Civil cases

Page 12 | 9.6 Notice of Filing Report

The Orphans’ Court investigator serves the citation with notice, petition, and signed Scheduling Order on alleged incapacitated persons located in Erie County.

The Orphans’ Court investigator will serve the citation with notice, petition, and signed Scheduling Order on alleged incapacitated persons located within Erie County in satisfaction of the requirements of Pa.R.O.C.P. 14.2(f)(1).

Civil cases

Page 13 | CHAPTER XIV - INCAPACITATED PERSONS, Rule 14.2(f)(i)

When an emergency guardian petition is joined with a permanent guardianship petition, the petitioner must give the Clerk an additional petition copy and signed Scheduling Order for service by the investigator.

The petitioner shall provide an additional copy of the petition and signed Scheduling Order to the Clerk for service upon the alleged incapacitated person by the Orphans’ Court investigator.

Civil cases

Page 13 | CHAPTER XIV - INCAPACITATED PERSONS, Rule 14.2(d)(i)

Proof of service must specifically identify each person or entity served by name and address and state how each was served.

Proof of service under Pa.R.O.C.P. 14.2(f)(2) shall state with specificity the names and addresses of all persons and entities served and the manner in which each was served.

Civil cases

Page 14 | CHAPTER XIV - INCAPACITATED PERSONS, Rule 14.2(f)(ii)

For a contested motion, the motion and proposed order must be served on all parties or their counsel with two full business days’ prior notice by hand delivery or fax.

The undersigned represents that a copy of this motion and proposed order have been served upon all parties or their counsel of record on ___________________, _______, in accordance with Local Rule No. 440 (Civil Procedure) or Orphans’ Court Local Rule No. 3.0 (Orphans’ Court Procedure), hereby providing: Two full business days’ prior notice by hand delivery, fax;

Civil cases

Page 16 | Certification of Service — Contested Motion

For a contested motion served by mail, the motion and proposed order must be served on all parties or their counsel with five full business days’ prior notice.

The undersigned represents that a copy of this motion and proposed order have been served upon all parties or their counsel of record on ___________________, _______, in accordance with Local Rule No. 440 (Civil Procedure) or Orphans’ Court Local Rule No. 3.0 (Orphans’ Court Procedure), hereby providing: Two full business days’ prior notice by hand delivery, fax; or Five full business days’ prior notice by mail.

Civil cases

Page 16 | Certification of Service — Contested Motion

When filing a petition and affidavit for waiver or reduction of transcript costs, the requesting party must also serve a copy on the judge assigned to the case.

Upon filing the petition and affidavit, the party requesting waiver of or reduction in transcript costs shall also serve a copy of the same on the judge assigned to the disposition.

Page 3 | Rule 4007. Requests for Transcripts

After the assigned judge signs a scheduling or final order, the Court must file the original with the Clerk of Courts, which effectuates service of all orders and notices under Pennsylvania Rule of Criminal Procedure 114(B).

After a scheduling order or a final order has been signed by the assigned judge, the Court must file the original with the Clerk of Courts, which will effectuate service of all orders and notices pursuant to Pennsylvania Rule of Criminal Procedure 114(B).

Criminal cases

Page 6 | RULE 576 –PRESENTATION, FILING AND SERVICE OF MOTIONS

Time-stamped copies of the scheduling order or final order must be served by

Time-stamped copies of the scheduling order or final order must be served by

Criminal cases

Page 6 | RULE 576 –PRESENTATION, FILING AND SERVICE OF MOTIONS

The Court Administrator must give written notice of a trial term to listed defendants and their counsel at least one month before the term begins.

All defendants and their counsel of record in cases listed for a trial term shall be given written notice by the Court Administrator at least one (1) month before the start of the trial term.

Criminal cases

Page 7 | RULE 600 - TRIAL TERM

The document must be served on the Criminal Court Administrator, counsel of record, and unrepresented parties by personal delivery, U.S. First Class Mail, or another method permitted by Pennsylvania Rule of Criminal Procedure 576(B).

the Clerk of Courts upon the Criminal Court Administrator, all counsel of record, and any unrepresented parties by personal delivery, U. S. First Class Mail, or as otherwise permitted by Pennsylvania Rule of Criminal Procedure 576(B).

Criminal cases

Page 7 | RULE 576 - PRESENTATION, FILING AND SERVICE OF MOTIONS

Within three business days, the Deputy Court Administrator must forward the complaint to the respondent constable or other respondent, as applicable.

3. Within three (3) business days, the Deputy Court Administrator shall forward a copy of the complaint to the respondent constable, if the complaint is against a constable or to any other respondent if the complaint is by a constable.

Page 2 | Rule 5. Filing a Complaint

After the assigned judge issues an order, the petitioner must notify all parties of its entry as contemplated by Pa.R.Civ.P. 206.6.

The assigned judge shall issue the appropriate order, and the petitioner shall provide notice of entry of the order to all parties as contemplated by Pa.R.Civ.P. 206.6.

Civil cases

Page 8 | RULE 206.4(c). PETITION. RULE TO SHOW CAUSE

A moving party seeking summary determination must notify opposing counsel and any opposing unrepresented party of the intention to argue before the Court at the specified time.

The moving party desiring to have such summary determination of a motion or petition must notify opposing counsel and any opposing unrepresented party of their intention to argue the motion or petitions before the Court at such time,

Civil cases

Page 9 | RULE 208.3(a). MOTIONS. NON-DISPOSITIVE. PROCEDURES

When filing the original motion-related order, the moving party must contemporaneously serve a copy on all other counsel and unrepresented parties.

and contemporaneously therewith shall serve a copy of said order on all other counsel and unrepresented parties.

Civil cases

Page 9 | RULE 208.3(a). MOTIONS. NON-DISPOSITIVE. PROCEDURES

A motion requesting modification of a case management order must be served on the opposing party.

Following the entry of a case management order, any request for modification shall be made by motion filed with the Prothonotary, mailed or delivered to the assigned judge, and served on the opposing party.

Civil cases

Page 13 | Modification of Case Management Orders

After the close ofdiscovery, if a date certain has not yet been set for trial by the assigned judge as part of the civil case management process, then any party may request that the trial be scheduled by filing a Certification for Trial with the Prothonotary, and serving a copy on the assigned judge.

After the close ofdiscovery, if a date certain has not yet been set for trial by the assigned judge as part of the civil case management process, then any party may request that the trial be scheduled by filing a Certification for Trial with the Prothonotary, and serving a copy on the assigned judge.

Civil cases

Page 14 | Certification for Trial

The mediator must provide copies of the mediation report to the parties or, if represented, their counsel.

Upon completion of the mediation, the mediator shall file a report with the Court, with copies to the parties or, if represented, to their counsel, stating only whether the case has settled.

Civil cases

Page 14 | Mediation

A party filing Certification II to set a matter for trial must serve a copy on the assigned judge.

If the parties are not in agreement that the matter is ready for trial, or are otherwise unable to file a Certification I, then any party wishing to set the matter for trial may file with the Prothonotary, and serve a copy upon the assigned judge, a certification substantially in the same form as Form 212.l(C) and designated "Certification II."

Civil cases

Page 14 | Certification for Trial

Filing Fees and Waivers

Applicable fees for electronically filed legal papers must be paid electronically to the Clerk of Courts at the time of filing.

Applicable filing fees for electronically filed legal papers shall be paid electronically to the Clerk of Courts simultaneously with the filing.

Criminal cases

Page 2 | Rule 576.1(D)

After receiving notice that the transcript is complete and the balance due, the ordering party must send the balance by check to the District Court Administrator, payable to the County of Erie.

Upon receipt ofnotification from the court reporter ofthe completion of the transcript and the amount of the balance owed, the party ordering the transcript shall forward to the District Court Administrator a check in the amount ofthe balance due. The check shall be made payable to the County of Erie.

Civil cases

Page 20 | RULE 227.3. TRANSCRIPT OF TESTIMONY

Transcription will not begin until the Administrator receives a deposit of half the estimated transcript cost or an order allowing in forma pauperis status or waiving costs; deposit checks must be payable to the County of Erie and delivered to the Administrator.

The District Court Administrator will not direct the court reporter to proceed with transcription until either (1) receipt of partial payment in the amount of one-half of the estimated cost of the transcript; or (2) receipt of an order granting permission to proceed in forma pauperis or waiving costs in accordance with Pa.R.J.A. 4008(B) and Erie County Rule of Judicial Administration 4008(B). The party ordering the transcript is responsible for contacting the court reporter to determine the amount of deposit required. Deposit checks shall be made payable to the County of Erie and delivered to the District Court Administrator.

Civil cases

Page 20 | RULE 227.3. TRANSCRIPT OF TESTIMONY

The full copying fee must be paid before receiving the copy, and checks must be payable to Erie County and delivered to the District Court Administrator.

The full copying fee shall be paid prior to receipt of the copy. Checks shall be made payable to the County of Erie and delivered to the District Court Administrator.

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

A litigant without existing in forma pauperis status who seeks a transcript-cost waiver or reduction must file a petition on the case docket.

Any litigant who has not already been granted in forma pauperis status, but who wishes to pursue waiver of or reduction in transcript costs, shall file a petition requesting waiver of or reduction in transcript costs under the docket of the case.

Civil cases

Page 22 | Economic Hardship

Motions and petitions concerning alimony pendente lite are subject to fees established by the Domestic Relations Office.

(c) All Motions and Petitions for alimony pendente lite, modification, termination, or exceptions therefrom shall be subject to fees as established by the Domestic Relations Office.

Civil cases

Page 43 | RULE 1910.16-1. ALIMONY PENDENTE LITE

A party filing a motion to appoint a Master must include the appropriate court-established fee.

If the Motion is filed by a party, then the Motion must be accompanied by the appropriate fee, as established by the Court.

Civil cases

Page 51 | RULE 1920.51. HEARING BY THE COURT. APPOINTMENT OF MASTER. NOTICE OF HEARING

The Clerk’s fees and costs shall be paid by credit or debit card, as set forth below, when legal papers are filed using the electronic filing system. Payment for all costs and fees for the filing of a legal paper presented by a filing party to the office of the Orphans’ Court Clerk for electronic filing shall be paid by credit or debit card as set forth below, or by check or cash.

The Clerk’s fees and costs shall be paid by credit or debit card, as set forth below, when legal papers are filed using the electronic filing system. Payment for all costs and fees for the filing of a legal paper presented by a filing party to the office of the Orphans’ Court Clerk for electronic filing shall be paid by credit or debit card as set forth below, or by check or cash.

Page 2 | Payment

A party granted in forma pauperis status is exempt from paying filing fees to the Clerk of Courts.

A party who was granted in forma pauperis status shall not pay filing fees to the Clerk of Courts.

Criminal cases

Page 2 | Rule 576.1(E)

The Prothonotary's fees and costs shall be paid by credit card when legal papers are filed using the electronic filing system.

The Prothonotary's fees and costs shall be paid by credit card when legal papers are filed using the electronic filing system.

Civil cases

Page 7

The Prothonotary will not accept advance deposits for future filing fees.

The Prothonotary will not accept advance deposit on account of future filing fees.

Civil cases

Page 7

Filing fees may be paid using American Express, Discover, Mastercard, or Visa credit or debit cards.

The Prothonotary will accept for payment of all filing fees the following credit and debit cards: American Express, Discover, Mastercard and Visa.

Civil cases

Page 7

Payment for all costs and fees for the filing of a legal paper presented by a filing party to the office of the Prothonotary for electronic filing shall be paid by credit card as set forth above, or by check or cash.

Payment for all costs and fees for the filing of a legal paper presented by a filing party to the office of the Prothonotary for electronic filing shall be paid by credit card as set forth above, or by check or cash.

Civil cases

Page 7

An expedited transcript in electronic format costs $3.50 per page.

(2) $3.50 per page for an expedited transcript;

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

A bound paper transcript costs the applicable transcript rate plus $0.25 per page.

(5) If the transcript is requested in bound paper format, the costs shall be as stated above, plus a surcharge of $0.25 per page.

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

An ordinary transcript in electronic format costs $2.50 per page.

(1) $2.50 per page for an ordinary transcript;

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

The trial judge may impose a reasonable surcharge in unusually complex litigation when necessary because the reporter must significantly expand their dictionary.

(6) The trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation where the judge determines that the surcharge is necessary because of the need for the court reporter to significantly expand their dictionary.

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

A transcript with same-day delivery costs $6.50 per page.

(4) $6.50 per page for same day delivery.

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

The cost of a copy of a previously ordered and filed transcript is governed by Pa.R.J.A. 4008(D).

(7) Costs for a copy of any transcript previously ordered, transcribed and filed of record shall be in accordance with Pa.R.J.A. 4008(D).

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

A daily transcript in electronic format costs $4.50 per page.

(3) $4.50 per page for a daily transcript; and

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

A litigant already permitted to proceed in forma pauperis receives a waiver of transcript costs when the matter is under appeal or the transcript is necessary to advance the litigation.

(1) In accordance with Pa.R.J.A. 4008(B)(l), a litigant who has already been permitted to proceed with the commencement of the underlying action or with the taking of the appeal in forma pauperis will, in matters under appeal or where the transcript is necessary to advance the litigation, receive waiver of transcript costs.

Civil cases

Page 21 | Economic Hardship

The Clerk accepts American Express, Discover, Mastercard, and Visa for filing fees but does not accept advance deposits for future filing fees.

The Clerk will accept for payment of all filing fees the following credit and debit cards: American Express, Discover, Mastercard and Visa. The Clerk will not accept advance deposit on account of future filing fees.

Page 2 | Payment

Courtesy Copy Requirements

When an uncontested motion is filed by mail, a copy with a completed Motion Cover Sheet and Proposed Order must be mailed to the judge at the same time.

(1) If an uncontested motion is filed by mail, a copy shall be simultaneously mailed to the judge accompanied by a completed Motion Cover Sheet and Proposed Order.

Civil cases

Page 7 | 3.0(e)(i)(1)

An uncontested motion delivered to a judge’s chambers must first be filed with the Clerk, then a copy and completed Motion Cover Sheet must be delivered to chambers.

(i) Uncontested motions delivered to a judge’s chambers must first be filed with the Clerk. A copy of the uncontested motion, accompanied by a completed Motion Cover Sheet, shall then be delivered to the judge’s chambers.

Civil cases

Page 7 | 3.0(e)(i)

If a judge is actively involved in the case, a time-stamped copy of the preliminary objections, Proposed Order, and supporting brief must be provided to that judge.

(c) All preliminary objections shall be accompanied by a Proposed Order and supporting brief. If a judge is actively involved in the case, a time-stamped copy of the preliminary objections, Proposed Order and supporting brief shall be provided to that judge.

Civil cases

Page 7 | 3.9(c)

If no judge is actively involved, the filing party must request a judicial assignment and provide the assigned judge a copy of the preliminary objections, Proposed Order, and supporting brief.

(c) All preliminary objections shall be accompanied by a Proposed Order and supporting brief. If a judge is actively involved in the case, a time-stamped copy of the preliminary objections, Proposed Order and supporting brief shall be provided to that judge. If no judge is actively involved in the case, the filing party shall request a judicial assignment from Court Administration, then provide a copy of the preliminary objections, Proposed Order and supporting brief to the assigned judge.

Civil cases

Page 8 | 3.9(c)

A copy of the opposition brief to preliminary objections must be provided to the assigned judge.

(d) If an amended pleading is not filed in accordance with Pa.R.O.C.P. 3.9(d)(1), a brief in opposition to preliminary objections shall be filed within twenty (20) days of the date of service of the preliminary objections, and copies provided to the assigned judge.

Civil cases

Page 8 | 3.9(d)

Provide the assigned judge a time-stamped copy of the motion for judgment on the pleadings, proposed order, and supporting brief; if no judge is involved, first obtain a judicial assignment from Court Administration.

If a judge is actively involved in the case, a time-stamped copy of the motion for judgment on the pleadings, Proposed Order and supporting brief shall be provided to that judge. If no judge is actively involved in the case, the filing party shall obtain a judicial assignment from Court Administration, then provide a time-stamped copy of the motion, Proposed Order and supporting brief to that judge.

Civil cases

Page 11 | 7.2 Motion for Judgment on the Pleadings

If a judge is actively involved in the case, a time-stamped copy of the motion for summary judgment, Proposed Order and supporting brief shall be provided to that judge. If no judge is actively involved in the case, the filing party shall obtain a judicial assignment from court administration, then provide a copy of the motion, Proposed Order and supporting brief to that judge.

If a judge is actively involved in the case, a time-stamped copy of the motion for summary judgment, Proposed Order and supporting brief shall be provided to that judge. If no judge is actively involved in the case, the filing party shall obtain a judicial assignment from court administration, then provide a copy of the motion, Proposed Order and supporting brief to that judge.

Civil cases

Page 11 | 7.3 Motion for Summary Judgment

Each party must mail or deliver a copy of the case summary to the assigned judge.

At least 7 days prior to the case management conference, each party shall file with the Prothonotary a brief summary of the case, not to exceed three pages, and mail or deliver a copy to the assigned judge.

Civil cases

Page 11 | Initial Case Management Conference

Sealing & Redaction Procedures

Confidential exhibits covered by Pa. Access Policy §8.0 must use an AOPC-approved cover sheet so the records office can seal them.

Any exhibit containing confidential information meeting the categories enumerated in Pa. Access Policy §8.0 shall include an Administrative Office of Pennsylvania Courts approved confidential document cover sheet so that the document can be properly sealed by the records office.

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

Filing Bundling Requirements

A family exemption petition may be included in a petition for settlement of a small estate.

5.2 Family Exemption. A family exemption petition under Pa.R.O.C.P. 5.2 may be included in a petition for settlement of small estate under Pa.R.O.C.P. 5.50.

Civil cases

Page 8 | 5.2

Pre-Motion Conference Requirements

A discovery-related motion must include a signed certification that the moving party conferred or attempted to confer with all interested parties before seeking court action.

Any motion relating to discovery shall include a certification signed by counsel for the moving party or an unrepresented party certifying that counsel or the unrepresented party has conferred or attempted to confer with all interested parties to resolve the matter without Court action.

Civil cases

Page 9 | RULE 208.Z(e). MOTIONS. DISCOVERY

The Court may not act on a motion under this section until all interested parties have had an opportunity to respond through argument.

No motion contemplated by this section shall be acted upon until all interested parties have been given an opportunity to respond to the motion through argument.

Civil cases

Page 28 | RULE 311. PROCEDURE IN STATUTORY APPEALS

Before filing preliminary objections under Rule 1915.5, the party must present them to Family Court Administration for judge assignment and hearing scheduling.

A party raising preliminary objections in accordance with Pa.R.Civ.P. 1915.5 shall, prior to filing, present the preliminary objections to Family Court Administration for assignment to a judge and scheduling of a date and time for a hearing.

Civil cases

Page 47 | RULE 1915.5 QUESTION OF JURISDICTION, VENUE OR STANDING. PRELIMINARY OBJECTIONS.

The parties shall attempt to informally resolve all requests and disputes relating to discovery.

The parties shall attempt to informally resolve all requests and disputes relating to discovery.

Civil cases

Page 64 | Prehearing Discovery

Adjournment & Extension Requirements

An agreement to continue or reschedule an argument or hearing is enforceable only if the assigned judge grants the request, made by written motion or in open court.

(c) No agreement to continue or reschedule an argument or hearing date is enforceable unless a request for same is granted by the judge before whom the argument or hearing is scheduled, upon written Motion or request in open court.

Civil cases

Page 4 | 1.4 Extension of Time Limitations

An agreement to extend or vary a time limitation is enforceable only if made in writing or on the record in open court.

(a) No agreement to vary time limitations set by law, procedural rule, or court order is enforceable unless made in writing or of record in open court.

Civil cases

Page 4 | 1.4 Extension of Time Limitations

Mediation does not delay time limitations or hearing or argument dates unless the court orders a delay upon written motion or request in open court.

Mediation shall not delay time limitations, or hearing or argument dates, unless ordered by the court upon written motion or request in open court.

Civil cases

Page 4 | 1.6 Mediation by Agreement, Local Rule, or Court Order

If emergency guardianship is needed beyond the 72-hour limit, the petitioner may move to extend it under Motion Court procedure; the extension order must state an expiration date subject to the stated 20-day or 30-day limit, unless a permanent proceeding has been initiated.

If the need for emergency guardianship continues beyond the 72 hour time limitation set forth at PEF Code Section 5513, the petitioner may present a motion to extend the emergency guardianship following the procedure for Motion Court under Erie O.C.R. 3.0. The proposed order extending emergency guardianship shall state the date it expires, which shall be no later than 20 days from the date of expiration of the initial emergency order for guardianship of the person, or 30 days from the date of expiration of the initial emergency order for guardianship of the estate, unless a permanent guardianship proceeding has been initiated pursuant to section PEF Code Section 5511.

Civil cases

Page 13 | CHAPTER XIV - INCAPACITATED PERSONS, Rule 14.2(d)(iii)

A continuance motion must include the listed case, prior-request, incarceration, reason, delay-attribution, and adverse-party information, and must include a signed speedy-trial waiver when the parties agree to attribute the delay to the defendant.

A motion for continuance must include the following: 1) a complete list of all pending charges, 2) the date the criminal complaint was filed, 3) the number of previous continuances requested by the moving party, 4) an indication of whether the defendant is incarcerated at the time of the filing, 5) the reasons that a continuance is being requested, 6) the party to which the period of delay should be attributed, 7) when the parties agree that the period of delay should be attributed to the defendant, the filing must include a signed waiver of speedy trial rights from the first day of the trial term from which the case will be continued to the first day of the next available trial term. (The “next available trial term” shall mean the second trial term from the date of the request for continuance.); and 8) the position of the adverse party and any other parties in the case.

Criminal cases

Page 3 | RULE 106 - CONTINUANCES

Continuance requests must be made in writing no later than 48 hours before the first day of the trial term.

A motion for continuance shall be made not later than 48 hours before the first day of the trial term. Notice as to the first day of each trial term shall be published by the court in its annual schedule. All requests for continuances must be made in writing.

Criminal cases

Page 3 | RULE 106 - CONTINUANCES

A requested change to the sentencing date must be made directly with the assigned sentencing judge, who has discretion over the request.

Any change requested on this date must be made directly with the assigned sentencing judge and subject to his/her discretion.

Criminal cases

Page 5 | RULE 570 - CASE ASSIGNMENTS

A trial continuance requires just cause; in non-jury cases, absent exigent circumstances, the motion must be made at least ten days before trial, state its reasons, and be presented to the assigned judge.

(a) When a case is listed for trial, it shall not be continued except for just cause. Except in the case of exigent circumstances, all motions for continuance must be made at least ten (10) days before the start of the trial in non-jury cases. All motions for continuance must include the reasons for the request and must be presented to the assigned judge.

Civil cases

Page 18 | RULE 216. RE-CERTIFICATION AFTER CONTINUANCE

A continuance motion made with the agreement of all counsel must be signed by all counsel or the parties.

Motions for continuance which are being made with the agreement of all counsel must be signed by all counsel or parties.

Civil cases

Page 19

If a request to reschedule an arbitration hearing is granted, the requesting party or arbitrator must arrange the rescheduling, coordinate available dates, and prepare and send written notices.

(c) In the event that a party or an arbitrator requests that the hearing be rescheduled and if that request is granted as provided herein, then that party or arbitrator shall undertake the work needed to reschedule the hearing, including contacting the Court Administrator to obtain available dates and coordinating those dates with all counsel, parties and arbitrators, as well as preparing and dispatching all required written notices of the rescheduled hearing.

Civil cases

Page 39 | RULE 1304

A scheduled arbitration may not be canceled or rescheduled without the Chairman’s written authorization or a court order based on good cause; otherwise, it must proceed as scheduled.

(b) In no event, shall a scheduled arbitration be canceled or rescheduled without written authorization of the Chairman or order of court obtained upon a showing of good cause. If such authorization or order is not obtained, the arbitration shall be held as scheduled.

Civil cases

Page 39 | RULE 1304

A custody-hearing continuance request must be made in writing, include the written consent of all parties, and be presented to the Custody Office for consideration by the hearing officer.

(3) Continuance requests for custody hearings will be considered only if made in writing and containing the written consent of all parties. Such requests shall be presented to the Custody Office for consideration by the hearing officer.

Civil cases

Page 46 | Hearing before the Hearing Officer

A scheduled office conference or hearing before a hearing officer may be cancelled only with the parties’ written consent or leave of court.

A scheduled office conference and/or hearing before a hearing officer may not be cancelled without the written consent of the parties, or leave of court.

Civil cases

Page 49 | RULE 1915.27 CANCELLATION OF CUSTODY PROCEEDINGS

A scheduled custody trial or hearing before a hearing officer may not be cancelled without leave of court; the cancellation motion must go to the designated judge, and signed party consent must be attached if all parties agree to cancellation.

A scheduled trial shall not be cancelled without leave of court. A motion to cancel the trial shall be presented to the judge assigned to the custody trial. A scheduled hearing before a hearing officer shall not be cancelled without leave of court. A motion to cancel the hearing before a hearing officer shall be presented to the family motion court judge. If all parties agree to the cancellation, signed consent of the parties shall be attached to the motion.

Civil cases

Page 50 | RULE 1915.27 CANCELLATION OF CUSTODY PROCEEDINGS

The Master must grant a continuance request when both parties consent in writing; other requests are discretionary, and if the Master denies one, the parties may petition the Court, which may grant it.

(1) A request shall be granted by the Master if both parties consent in writing. (2) All other requests for continuance shall be at the discretion of the Master, unless otherwise ordered by the Court. (4) In the event the Master fails to grant the continuance, the parties may petition the Court for a continuance. The Court may grant a continuance and will determine the amount of additional master's fees, if appropriate.

Civil cases

Page 53 | CONTINUANCES

The Register may extend any time limit prescribed by the Local Rules on the Register’s own motion or on an interested party’s motion.

The Register, upon their own motion, or upon the motion of any Interested Party, may extend any limitation of time prescribed by these Local Rules.

Civil cases

Page 12 | 10.2 Petition Practice

A continuance motion filed before the deadline is considered by the pre-assigned judge; after the trial term commences, it must be considered by the judge presiding at trial.

Any motions for continuance filed before the deadline shall be considered by the pre-assigned judge. After the term commences, all motions for continuance must be considered by the judge who will preside over the case at trial.

Criminal cases

Page 3 | RULE 106 - CONTINUANCES

Interviews and a recommendation must be completed within the 30-day period unless the President Judge grants an extension.

Unless the President Judge grants an extension of time, interviews shall be completed and a recommendation to the President Judge shall be made within the 30 day time period.

Page 3 | Rule 6. Constable Review Board Action

Modification or extension of time limits in an existing case management order is within the assigned judge’s discretion.

The modification or extension of the time limitations set forth in the existing case management order shall be at the discretion of the assigned judge.

Civil cases

Page 13 | Modification of Case Management Orders

If the Court grants a second consecutive continuance request, it may strike the case from the trial list, and re-certification is then required to place the case on a future trial list.

If a second consecutive continuance request is granted by the Court at the request of either counsel or an unrepresented party, the Court, in its discretion, may strike the case from the trial list. Re-certification v.ill then be required to have the case placed on a future trial list.

Civil cases

Page 19

The Court may act on a missed brief deadline unless the time is extended by the Court or by stipulation.

If the brief of either the objecting party or non-moving party is not filed \vithin the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

Civil cases

Page 33 | RULE 1028(c). PRELIMINARY OBJECTIONS

The Court may act on a missed brief deadline unless the time is extended by the Court or by stipulation.

Ifthe brief ofeither the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

Civil cases

Page 34 | RULE 1034(a). MOTION FOR JUDGMENT ON THE PLEADINGS

If either party's brief is late, the court may impose the stated consequences unless the court extends the time or the parties stipulate to an extension.

If the brief of either the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

Civil cases

Page 35 | RULE 1035.2(a). MOTION FOR SUMMARY JUDGMENT

If the responding party does not consent to cancelling an office conference or hearing, the requesting party may present a motion to cancel in motion court with notice under Local Rule 440.

If a responding party does not consent to cancel an office conference or hearing, a motion to cancel may be presented in motion court by the requesting party with proper notice pursuant to Local Rule 440.

Civil cases

Page 49 | RULE 1915.27 CANCELLATION OF CUSTODY PROCEEDINGS

The motion form requests the reason for the continuance, the number of prior continuances, opposing counsel’s position, and the requested trial term.

4. The undersigned counsel requests a continuance because [ENTER REASONS]. 5. This case was continued on [ENTER NUMBER] previous occasion(s) by the Commonwealth/Defendant. 7. [ENTER ADVERSE COUNSEL][objects/does not object] to the relief requested. WHEREFORE, [ENTER PARTY] respectfully requests this Honorable Court continue the trial in this case to the [ENTER MONTH] term of Court.

Criminal cases

Page 11 | [ENTER PARTY] MOTION TO CONTINUE TRIAL

Chambers Communication Rules

IF YOU HAVE BEEN CHARGED WITH A NEW CRIME(S) SINCE YOU FILED YOUR ARD APPLICATION, YOU MAY NO LONGER BE ELIGIBLE FOR ADMISSION INTO THE PROGRAM. YOU MUST NOTIFY THE DISTRICT ATTORNEY'S OFFICE AT 814-451-6349.

IF YOU HAVE BEEN CHARGED WITH A NEW CRIME(S) SINCE YOU FILED YOUR ARD APPLICATION, YOU MAY NO LONGER BE ELIGIBLE FOR ADMISSION INTO THE PROGRAM. YOU MUST NOTIFY THE DISTRICT ATTORNEY'S OFFICE AT 814-451-6349.

Criminal cases

Page 18 | ACCELERATED REHABILITATIVE DISPOSITION (ARD) MOTION WITH DEFENSE RESPONSE

Present the preliminary-injunction motion to the assigned judge to obtain a hearing date and time and/or consideration of immediate or ex parte relief.

(b) The motion for preliminary injunction shall be presented to the assigned judge to obtain a date and time for a hearing and/or consideration ofa request for immediate or ex parte relief.

Civil cases

Page 41 | RULE 1531. PRELIMINARY INJUNCTION

Upon filing a preliminary-injunction motion, request a judge assignment from the Office of Court Administration.

(a) Upon filing a motion for preliminary injunction, a request for a judge assignment shall be made to the Office of Court Administration.

Civil cases

Page 41 | RULE 1531. PRELIMINARY INJUNCTION

Raise the specified jurisdiction, venue, or paternity statute-of-limitations issues by motion to dismiss and present the motion in Motion Court to the Family Division judge to schedule argument.

If defendant raises a question ofjurisdiction or venue, or in paternity cases the defense of statute of limitations, those issues shall be raised by filing a motion to dismiss. Said motion shall be presented in Motion Court to the Judge of the Family Division, at which time a date and time for argument on the motion shall be scheduled.

Civil cases

Page 42 | RULE 1910.7. NO PLEADING BY DEFENDANT REQUIRED. QUESTION OF JURISDICTION OR VENUE OR STATUTE OF LIMITATIONS IN PATERNITY.

For a videotape deposition completed before the settlement conference and offered at trial, the offering party must inform the Court at or before the conference of unresolved objections so an editing session can be scheduled before trial.

If a videotape deposition is to be offered by any party at trial and such videotape deposition has been completed prior to the settlement conference, the party offering same shall inform the Court at the settlement conference, or before, of any unresolved objections in order that the Court may schedule an editing session prior to trial.

Civil cases

Page 56 | DEPOSITIONS AND DISCOVERY

If a videotape deposition intended for trial is taken after the settlement conference, the offering party must immediately notify the Court of the deposition and evidentiary issue so an editing session can be scheduled.

If any such videotape deposition is taken after the settlement conference, the party desiring to offer said deposition shall immediately notify the Court ofthe deposition and the evidentiary issue in order that the Court may schedule an editing session.

Civil cases

Page 56 | DEPOSITIONS AND DISCOVERY

Communications with a neutral arbitrator must be limited to necessary administrative or chairperson duties; avoid ex parte communication when possible and disclose unavoidable ex parte communications to interested parties and counsel as soon as practicable.

Communication between neutral arbitrators and any party and their counsel shall be limited to only those matters necessary to permit the neutral arbitrator to perform their administrative duties and duties as chairperson of the arbitration panel. Whenever possible, communication shall not be ex parte and, in the event of an unavoidable ex parte communication, disclosure of it shall be made as soon as practicable to all other interested parties and counsel.

Civil cases

Page 63 | Communications Between Parties and Arbitrators

Outside the arbitration hearing, parties must not communicate with arbitrators about matters that might influence the decision, including the claim’s merits, insurance limits, legal issues, and settlement discussions.

There shall be no communication with any arbitrator outside of the arbitration hearing of matters which might tend to influence the ultimate decision of the arbitrators, including, but not limited to, the nature and the merits of the claim, the amount(s) paid on behalf of the third party tortfeasor(s), the monetary limits of insurance policies (whether UM or UIM), any legal issues and settlement discussions.

Civil cases

Page 63 | Communications Between Parties and Arbitrators

Ex parte communications between party counsel and arbitrators may disclose only the listed case, party, counsel, arbitrator, fee, and hearing-scheduling information.

Ex parte communication between counsel for any party and any of the arbitrators shall be limited to disclosure of the following: 1. Whether the nature of proceedings is an uninsured motorist claim or underinsured motorist claim; 2. The names of parties involved; 3. The names of opposing counsel and the arbitrator chosen by opposing counsel (if known); 4. The names of proposed neutral arbitrators; 5. The arbitrator's fee; and 6. The scheduling of the arbitration hearing.

Civil cases

Page 63 | Communications Between Parties and Arbitrators

A petitioner seeking preliminary injunctive relief must alert Court Administration when requesting an emergency hearing.

If the petitioner is seeking preliminary injunctive relief, they shall alert Court Administration if an emergency hearing is requested.

Civil cases

Page 11 | 7.4 Injunctions

The applicant must notify the District Attorney’s Office in writing of any arrest or conviction during the specified period.

It is my responsibility to notify the District Attorney’s Office, in writing, of my arrest and/or conviction for any offense occurring after this Application is made and before it is rejected or I am accepted into the Program by the Court.

Criminal cases

Page 27 | C

If you have a change in your address, please contact the Criminal Court Administrator's Office at (814) 451-6305.

If you have a change in your address, please contact the Criminal Court Administrator's Office at (814) 451-6305.

Criminal cases

Page 29 | APPENDIX

Acknowledgments and notices under this subsection may be sent to the filing party's provided email address.

All acknowledgements and notices under this subsection may be sent to the e-mail address provided by the filing party.

Civil cases

Page 7

Requests for transcript copies may be made in person, by email, or by mail to the District Court Administrator at the stated courthouse address.

Copy requests may be directed to the District Court Administrator in person in Room 210 of the Erie County Courthouse, e-mailed to the District Court Administrator, or mailed to: District Court Administrator, Erie County Courthouse, 140 West 6th Street, Room 210, Erie, PA 16501.

Civil cases

Page 21 | Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof

A party may submit a written request to the arbitration panel to enforce a discovery request.

Any party may submit, in writing, a request to the arbitration panel to enforce a discovery request.

Civil cases

Page 64 | Prehearing Discovery

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

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

Courtesy-copy rule applies for motions. Details: 1 copy, delivery after filing with clerk, by chambers drop off. An uncontested motion delivered to a judge’s chambers must first be filed with the Clerk, then a copy and completed Motion Cover Sheet must be delivered to chambers.

View ruleSource: page 7, section 3.0(e)(i)

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

Yes. A pre-motion letter is required for discovery. A discovery-related motion must include a signed certification that the moving party conferred or attempted to confer with all interested parties before seeking court action.

View ruleSource: page 9, section RULE 208.Z(e). MOTIONS. DISCOVERY

What page or word limits apply to brief in Court of Common Pleas of Erie County, Pennsylvania?

Court of Common Pleas of Erie County, Pennsylvania's rule states these limits: 25 pages. Excludes table of contents, table of authorities, and appendices. Briefs are limited to 25 pages of double-spaced conventional typographical printing, excluding the listed supplementary matter, unless the Court gives prior permission; the limit does not apply to post-trial-motion briefs.

View ruleSource: page 10, section RULE 210. FORM AND CONTENT OF BRIEFS

What page or word limits apply to case summary in Court of Common Pleas of Erie County, Pennsylvania?

Court of Common Pleas of Erie County, Pennsylvania's rule states these limits: 3 pages. A case summary may not exceed three pages.

View ruleSource: page 11, section Initial Case Management Conference

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

Court of Common Pleas of Erie County, Pennsylvania's formatting rule includes letter paper. Papers filed with the Prothonotary must use letter-sized paper measuring 8-1/2 by 11 inches.

View ruleSource: page 6, section RULE 205.2(a) PLEADINGS AND OTHER LEGAL PAPERS. PHYSICAL CHARACTERISTICS

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

A mailed uncontested motion copy to the judge must be accompanied by a completed Motion Cover Sheet and Proposed Order.

View ruleSource: page 7, section 3.0(e)(i)(1)

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

The original and one copy of a petition requesting a hearing must first be taken to Court Administration to obtain a hearing date.

View ruleSource: page 7, section 3.5(d)

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

The rule lists phone 814-451-6349. IF YOU HAVE BEEN CHARGED WITH A NEW CRIME(S) SINCE YOU FILED YOUR ARD APPLICATION, YOU MAY NO LONGER BE ELIGIBLE FOR ADMISSION INTO THE PROGRAM. YOU MUST NOTIFY THE DISTRICT ATTORNEY'S OFFICE AT 814-451-6349.

View ruleSource: page 18, section ACCELERATED REHABILITATIVE DISPOSITION (ARD) MOTION WITH DEFENSE RESPONSE

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

Confidential exhibits covered by Pa. Access Policy §8.0 must use an AOPC-approved cover sheet so the records office can seal them.

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

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

An agreement to extend or vary a time limitation is enforceable only if made in writing or on the record in open court.

View ruleSource: page 4, section 1.4 Extension of Time Limitations

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

Bundling is optional for covered papers in Court of Common Pleas of Erie County, Pennsylvania. A family exemption petition may be included in a petition for settlement of a small estate.

View ruleSource: page 8, section 5.2

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

No. Electronic filing is prohibited for the covered filings. The listed warrant applications, grand jury materials subject to stated exceptions, authorized ex parte or sealed submissions, and evidentiary exhibits may not be filed electronically.

View ruleSource: page 1, section Rule 576.1. Electronic Filing in Criminal Dockets

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

A fee is required for covered filings. Applicable fees for electronically filed legal papers must be paid electronically to the Clerk of Courts at the time of filing.

View ruleSource: page 2, section Rule 576.1(D)

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

Accounts must be filed according to the Clerk’s published audit calendar to appear on a particular audit list.

View ruleSource: page 5, section CHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS

What service or proof of service rules apply in Court of Common Pleas of Erie County, Pennsylvania?

Legal papers served on an attorney or party without a PACFile account must be served in accordance with Pa.R.Crim.P. 114(B) and 576(b).

View ruleSource: page 2, section Service of Legal Papers
Complete rules summary for Court of Common Pleas of Erie County, Pennsylvania

Electronic filing is permitted but not required in criminal dockets.

The listed warrant applications, grand jury materials subject to stated exceptions, authorized ex parte or sealed submissions, and evidentiary exhibits may not be filed electronically.

PACFile is the exclusive system for electronic filing.

Attorneys and self-represented parties filing electronically must establish a PACFile account through the Unified Judicial System of Pennsylvania Web Portal.

Applicable fees for electronically filed legal papers must be paid electronically to the Clerk of Courts at the time of filing.

A party granted in forma pauperis status is exempt from paying filing fees to the Clerk of Courts.

Attorneys and self-represented parties unable or unwilling to e-file may file and serve legal papers in physical paper format.

Attorneys and self-represented parties unable or unwilling to e-file may serve legal papers in physical paper format.

Establishing a PACFile account constitutes consent to electronic filing and electronic service of documents filed using PACFile.

Legal papers served on an attorney or party without a PACFile account must be served in accordance with Pa.R.Crim.P. 114(B) and 576(b).

System notification to a participating attorney or defendant satisfies the applicable service requirements.

Accounts must be filed according to the Clerk’s published audit calendar to appear on a particular audit list.

The objecting party or counsel must schedule a hearing within 20 days after filing an objection, following the petition-practice procedure.

A mailed uncontested motion copy to the judge must be accompanied by a completed Motion Cover Sheet and Proposed Order.

The original and one copy of a petition requesting a hearing must first be taken to Court Administration to obtain a hearing date.

Immediately after obtaining a hearing date, the petitioner must file the original petition and signed Scheduling Order with the Clerk and serve copies under the applicable State Rules.

All motions, petitions, and other requests for relief presented in Motion Court must be accompanied by the Form A Motion Cover Sheet.

Post-filing receipts or disbursements may be included in a supplemental account, which must be signed and verified, filed with the Clerk, and noticed as required for an account.

An agreement to extend or vary a time limitation is enforceable only if made in writing or on the record in open court.

If a judge is actively involved in the case, the court must receive notice of a written agreement to extend a time limitation.

An agreement to continue or reschedule an argument or hearing is enforceable only if the assigned judge grants the request, made by written motion or in open court.

Mediation does not delay time limitations or hearing or argument dates unless the court orders a delay upon written motion or request in open court.

A legal counsel appearance must include counsel’s name, firm, office address, email address, telephone number, and Pennsylvania Supreme Court attorney identification number.

A counsel’s request for leave to withdraw must state that the client has notice and whether the client agrees with the withdrawal.

If argument or a hearing is scheduled when counsel enters or withdraws an appearance, notice must be provided to the judge assigned to it.

When scheduling the hearing, the objecting party must notify the parties entitled to notice under Pa.R.O.C.P. 2.5 and the auditor of its date and time.

The Pa.R.O.C.P. 2.10(b) report must be submitted to the court and auditor at the audit and include the specified information.

A request to withhold distribution to a foreign distributee must include a written report verified by the fiduciary or counsel stating the distributee’s relationship to the decedent and available information about their whereabouts.

The foreign-distributee report must include, in intestacy cases, the most complete feasible family tree supported by available documentary evidence, and must state why withholding is requested and how distribution should be withheld.

If a distributee’s existence, identity, or whereabouts is unknown, or there are no known heirs, the fiduciary must submit a verified report detailing the investigation and pertinent, feasible sources consulted.

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

David G. Ridge
Judge
Emily M. Merski
Judge
Erin C. Connelly Marucci
Judge
John J. Mead
Judge
John J. Trucilla
Judge
Joseph M. Walsh
Judge
Marshall J. Piccinini
Judge
Peter J. Sala
Judge