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

CRITICALCivil cases

Applies to

Order directing parties to appear

The order directing the parties to appear must include the stated warning about possible sanctions for nonappearance or failure to bring required financial information.

The order directing the parties to appear shall include the following language: "Failure of either party to appear at the support counseling conference, or to appear without the required financial information, may subject that party to sanctions which may include attorney's fees and any other reliefthe Court so directs."

CRITICALCivil cases

Applies to

Motion

A healthcare provider's motion for court-ordered mediation must include the minimum information specified in the rule.

Any motion by a healthcare provider requesting a court ordered mediation, shall set forth the following minimum information:

CRITICALCriminal cases

Applies to

Treatment court application

After a criminal information is filed, the original treatment-court application must be filed with the Clerk of Courts, with copies filed at the Criminal Court Administrator’s Office and the District Attorney’s Office.

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.

CRITICALCivil cases

Applies to

Certification ii

If the parties do not agree that the matter is ready for trial or cannot file Certification I, a party seeking a trial date may file Certification II with the Prothonotary and serve a copy on the assigned judge; it must substantially follow Form 212.1(C).

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."

CRITICALCivil cases

Applies to

Motion

A motion for special relief must be presented to the duty judge during Motion Court, specifically allege the need for relief, provide notice under Erie L.R. 440, and include a certificate of notice.

Motions for Special Relief shall be presented to the duty judge during Motion Court. The motion must allege, with specificity, the need for the court to enter interim or special relief. Notice to all responding parties must be provided pursuant to Erie L.R. 440, and certificate of notice must be attached to the motion.

CRITICALCivil cases

Applies to

Petition

A petition to fix the fair market value of property bought by the plaintiff at a sheriff's sale must disclose the sale date, judgment and accrued interest and costs, and an itemized statement of specified prior liens, costs, taxes, municipal claims, and amounts paid at distribution.

Petitions pursuant to 42 Pa. C.S.A. § 8103, as amended, to fix the fair market value of real property bought by a plaintiff at a sheriff sale shall disclose in addition to the requisites of Section 8103, the following: (1) The date of the sheriffs sale; (2) The date ofentry and the amount ofjudgment entered in the proceeding and the amount of the interest due thereon to the date of the sheriffs sale and the costs of the proceedings upon which the said judgment was obtained; and (3) An itemized statement of all prior liens, costs, taxes, municipal claims not discharged by the sale, and the amount ofany such items paid at distribution on the sale.

CRITICALCivil cases

Applies to

Petition for transcript cost waiver or reduction

Must include

caption

A transcript-cost waiver or reduction petition must include the case caption and docket number, appeal status, whether the transcript is necessary to advance pending litigation, and a completed and executed affidavit substantially in the Pa.R.Civ.P. 240(b) form.

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 (D) a fully completed and executed affidavit substantially in the form required by Pa.R.Civ.P. 240(b).

CRITICAL

Applies to

Complaint response

The constable/respondent must provide a written response to the complaint to the Deputy Court Administrator.

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

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery-related motion must include a certification signed by counsel or the unrepresented moving party.

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.

CRITICALCivil cases

Applies to

Exceptions

The original exceptions must include the completed transcript request form and a deposit receipt or proof of fee waiver.

A copy of the completed Transcript Request Form, along with a transcript deposit receipt or proof of transcript fee waiver, shall be attached to the original exceptions.

CRITICALCivil cases

Applies to

Petition and order

In a pending action, the petition and approving order must be filed with the Prothonotary, and certified copies must be filed with the Register of Wills in the minor's or incapacitated person's name.

The petition and Order approving the petition in pending actions shall be filed with the Prothonotary and certified copies of the same shall be filed with the Register of Wills in the name of the minor or incapacitated person.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICALCivil cases

Applies to

Uncontested motion

An uncontested motion must have the consent of all counsel and unrepresented parties, and those consents must be attached to the motion.

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

CRITICALCivil cases

Applies to

Certificate of arbitrator fees

The chairman must file a Certificate of Arbitrator’s fees when the award is entered or when it is determined that the scheduled hearing will not take place.

(a) In each case, at the time of the entry of the Arbitrator's award or upon a determination that a scheduled hearing would not take place, the chairman shall file a Certificate of Arbitrator's fees to indicate the time expended and Arbitrator's fees to be paid.

CRITICAL

Applies to

Index of exhibits

For a photograph of an oversized documentary or non-documentary exhibit, the index description must explain how the physical exhibit will be secured and maintained.

For any exhibit that is a photograph of an oversized documentary exhibit or non- documentary exhibit, indicate in the “Description” how the physical exhibit will be secured and maintained in conformity with Pa.R.J.A. 5102(b)(iii) and Erie R.J.A. 5103(a) – (b).

CRITICALCriminal cases

Applies to

Motion

Every motion must state in writing whether all counsel of record and any unrepresented parties consent to the requested relief.

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

CRITICALCivil cases

Applies to

Motion for appointment of master

If no inventory or income and expense statement has been filed, the motion must include a copy of the court order allowing appointment of a master.

If no Inventory and/or Income and Expense Statement has been filed, a copy of the Court Order allowing appointment of a Master must accompany this Motion.

CRITICAL

Applies to

Oversized documentary or photograph exhibit

For an oversized documentary or photograph exhibit, the proponent must ensure a copy no larger than 8-1/2 by 11 inches is entered into the official case record.

The proponent of any oversized documentary exhibit or photograph exhibit shall ensure that a copy of the exhibit reduced to no larger than 8-1/2 x 11 inches is entered into the official case record in conformity with Erie R.J.A. 5102(b).

CRITICALCivil cases

Applies to

Pretrial narrative statement and parenting plan

Parties must submit a pretrial narrative statement and parenting plan to the Custody Conciliation Office at the Erie County Courthouse 10 days before the scheduled hearing; they may drop them off or mail them.

(2) A pretrial order will be issued which directs parties to submit a pretrial narrative statement and parenting plan. The pretrial narrative statement and parenting plan is due ten (I 0) days prior to the scheduled hearing date and may be dropped off or mailed to the Custody Conciliation Office at the Erie County Courthouse.

CRITICALCivil cases

Applies to

Case summary

In the specified Writ of Summons and appeal cases without a complaint, the party must tell the Court whether it intends to file a complaint within 90 days after the conference.

If the case was issued by a Writ of Summons or is an appeal from a civil judgment of the Magisterial District Courts to which a complaint has not yet been filed, the party shall notify the Court whether the party intends to file a complaint within 90 days from the date of the conference.

CRITICALCivil cases

Applies to

Foreign distributee report

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.

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;

CRITICALCivil cases

Applies to

Motion

A moving party requesting oral argument must make the request in writing when serving the motion and brief on the assigned judge.

If the moving party requests oral argument, the moving party shall do so in vvTiting when serving the motion and brief upon the assigned judge.

CRITICALCivil cases

Applies to

Motion

File the original motion with the Prothonotary and provide a copy to the assigned judge; if no judge has been assigned, first request judicial assignment from the trial court administrator.

The original of any motion shall be filed with the Prothonotary and a copy thereof shall be provided to the assigned judge. If a judge has not yet been assigned, the moving party shall first submit a request for judicial assignment with the trial court administrator. (See Erie L.R. 302 with respect to the filing of requests for judicial assignment.)

CRITICALCivil cases

Applies to

Custody complaint

Before filing at the Prothonotary's Office, the original verified custody complaint and two copies per party must be presented to the Custody Conciliation Office.

(a) An original verified complaint, substantially in the form provided by Pa.R.Civ.P. 1915.15(a), and two copies per party shall first be presented to the Custody Conciliation Office prior to being filed at the Prothonotary's Office.

CRITICAL

Applies to

Written notification

For matters outside the Board's authority, the Board must forward the complaint file and send written notice to the President Judge and complainant stating that the matter is outside its authority and listing the reasons.

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.

CRITICALCivil cases

Applies to

Praecipe

A party seeking a case management order in an action without a prior conference or order must first seek a judicial assignment, then file a praecipe requesting a conference and send a copy to the assigned judge.

In any action where an initial case management conference has not previously been held, and where a prior case management order has not yet been issued, any party desiring a case management order shall first seek a judicial assignment from Court Administration in accordance with Erie L.R. 302(b), and subsequently file a praecipe with the Prothonotary, mailing or delivering a copy to the assigned judge, requesting that the matter be scheduled for a case management conference.

CRITICALCivil cases

Applies to

Family law motion

For Family Law Motions Court, filers must follow Orphans’ Court Local Rules 3.0 and 3.5 and use the cover sheet and notice in Appendix A of those rules.

For Family Law Motions Court rules see Orphans' Court Local Rules 3.0 and 3.5 and utilize the Family Law/Orphans' Court Motions Cover Sheet and Notice found in Appendix A of the Orphans' Court Local Rules.

CRITICALCivil cases

Applies to

Pa.R.O.C.P. 2.10 b report

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.

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:

CRITICALCivil cases

Applies to

Motion

The mediation motion must state the proposed mediation location.

(3) the location of the proposed mediation; and

CRITICALCivil cases

Applies to

Motion to appoint master

A motion seeking appointment of a Master to hear child or spousal support must be supplemented by the party's affidavit showing special circumstances justifying departure from Erie L.R. 1920.16.

A Master shall be appointed to hear a claim of child and/or spousal support only upon presentation of an Affidavit of the party supplementing the Motion for appointment of a Master showing special circumstances which justify a departure from the procedure of Erie L.R. 1920.16.

CRITICALCivil cases

Applies to

Appearance

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

(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.

CRITICALCivil cases

Applies to

Responding brief

A non-moving party requesting oral argument must make the request in writing when serving its responding brief on the assigned judge.

If the non-moving party requests oral argument, the non-moving party shall do so in writing when serving its responding brief upon the assigned judge.

CRITICALCivil cases

Applies to

Petition

The title-determination petition must attach the specified creditor and interested-party notice, any required notice to the attorney general when the heirs are unknown, and a copy of the decedent’s will.

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.

CRITICALCivil cases

Applies to

Unknown distributee report

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.

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

CRITICALCivil cases

Applies to

Motion

The motion must state with particularity the authority relied on and the specific factors supporting receipt of further evidence.

The motion shall state with particularity the authority upon which movant relies and the particular factors which they believe indicate that the receipt of further evidence is justified.

CRITICALCivil cases

Applies to

Emergency motion

An emergency motion presented without the required notice must certify that the requested relief is necessary to prevent immediate and irreparable harm.

(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.

CRITICALCivil cases

Applies to

Unknown distributee report

In intestacy cases or when there are no known heirs, the report must include the most complete feasible family tree supported by available documentary evidence.

(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.

CRITICALCivil cases

Applies to

Motion for appointment of master

The motion form requires the moving party or counsel to certify that all parties have complied with the listed rules.

As the moving party or attorney for the moving party, I certify that all parties have complied with the requirements of Pa.R.Civ.P. 1930.5 (Discovery), 1920.31 (Filing oflncome & Expense Statement), 1920.33 (Filing of Inventory), and 1920.46 (Military Service).

CRITICAL

Applies to

Complaint

A complaint must be written, signed by the complainant, and state the alleged misconduct, financial dispute, or other matter related to judicial duties.

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.

CRITICALCivil cases

Applies to

Certification i

Certification I must state that the parties met and discussed settlement and other means of alternative dispute resolution.

Within their Certification I, the parties must certify that they have "met and discussed settlement of this matter, and have discussed other means of alternative dispute resolution of the case."

CRITICALCivil cases

Applies to

Certificate of notice

The Certificate of Notice must use the form prescribed by the rule.

The Certificate ofNotice shall be in the following form:

CRITICALCivil cases

Applies to

Motion to intervene

Third parties seeking custody in an open custody docket must present a motion to intervene to the duty judge at Motion Court, provide notice under Erie L.R. 440, and attach a certificate of notice.

Grandparents and all other third parties seeking any type of custody of a minor child with an open custody docket before this court shall present a Motion to Intervene to the duty judge at Motion Court. Notice to all responding parties must be provided pursuant to Erie L.R. 440, and certificate of notice must be attached to the motion.

CRITICALCivil cases

Applies to

Demand for hearing de novo

A demand for a de novo hearing must specify the issues to be raised, without limiting the right to a de novo hearing on all issues.

(e) A demand for a hearing de novo pursuant to Pa.R.Civ.P. 1910.1 l(h) shall set forth with specificity the issues to be raised before the Court at the de novo hearing. However, such demand shall not impair the right to a de novo hearing on all issues.

CRITICALCivil cases

Applies to

Petition

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

(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.

CRITICALCivil cases

Applies to

Motion

Every motion must include a completed Motion Cover Sheet in the form of Form A to the local rules.

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

CRITICAL

Applies to

Index of exhibits

The exhibit index must identify the storage type for each digital exhibit.

For any digital exhibit, indicate the storage type (USB flash drive; CD ROM, etc.).

CRITICALCriminal cases

Applies to

Substitution of counsel

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

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.

CRITICALCivil cases

Applies to

Motion

A motion must contain a certification signed by counsel or the unrepresented moving party confirming that proper notice was given under the local rule.

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

CRITICALCivil cases

Applies to

Petition

Approved petitions must be filed with the Prothonotary, and the minor’s guardian must file certified copies of the petition and approving order with the Register of Wills under the minor’s name.

All approved petitions shall be filed in the Office ofthe Prothonotary. The guardian of the minor shall file a certified copy of the petition and approving order in the Office of the Register of Wills under the name of the minor.

CRITICAL

Applies to

Petition

Must include

caption

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.

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).

CRITICALCivil cases

When the Court receives evidence under this Rule, all parties must submit proposed findings of fact with their briefs on the merits after the evidentiary proceedings close, following the hearing judge’s schedule.

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.

CRITICALCivil cases

Applies to

Motion for appointment of master

A motion for appointment of a master requires discovery to be complete for the claims for which appointment is requested.

Discovery is complete as to the claim(s) for which the appointment of a master is requested.

CRITICALCivil cases

Applies to

Motion or petition

A motion or petition must include a certificate signed by counsel verifying that notice complying with the rule was given.

The motion or petition must contain a certificate signed by counsel verifying that proper notice was given under this Rule.

CRITICALCivil cases

Applies to

Filed paper

A paper will not be accepted for filing unless it states the filer’s address, email address, and telephone number.

The Prothonotary shall not accept for filing any paper filed by a person which shall not have endorsed thereon the address, e-mail address, and telephone number ofthe person filing the paper.

CRITICALCivil cases

Applies to

Withdrawal request

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

(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.

CRITICALCivil cases

Applies to

Proposed order

An emergency guardianship proposed order must state its expiration date or provide blank space for that date.

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

CRITICALCivil cases

Applies to

Legal paper

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

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.

CRITICALCivil cases

Applies to

Certification for trial

After discovery closes, if no definite trial date has been set, any party may request a trial date 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.

CRITICALCivil cases

Applies to

Summary report

The conference officer must prepare a summary report detailing the parties’ respective positions and file and submit it to the hearing officer and the parties.

The conference officer shall prepare a summary report detailing the parties' respective positions, which shall be filed and submitted to the hearing officer and the parties.

CRITICALCriminal cases

Applies to

Ard application

An ARD application must include language waiving Pa.R.Crim.P. 600.

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

CRITICALCivil cases

Applies to

Motion for case management order modification

A request to modify a case management order must be made by motion filed with the Prothonotary, mailed or delivered to the assigned judge, and 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.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

Each motion for judgment on the pleadings must include a proposed order and supporting brief.

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

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petitioner must file the petition with the Prothonotary, provide a copy to the assigned judge, and include a proposed order conforming to Pa.R.Civ.P. 206.6.

The petitioner shall file the petition with the Prothonotary with a copy to the assigned judge, together with a proposed order in conformity with Pa.R.Civ.P. 206.6.

CRITICALCivil cases

Applies to

Motion for summary judgment

Must include

proposed order

Each motion for summary judgment must include a proposed order and supporting brief.

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

CRITICALCriminal cases

Applies to

Veterans court application

Applicants must submit a copy of the criminal complaint or criminal information with the application.

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

CRITICALCivil cases

Applies to

Contempt petition

The original contempt petition, notice and order, and a photocopy must be presented to Family Court Administration for judge assignment and hearing scheduling.

In addition to the requirements of Pa.R.Civ.P. 1915.12, the original contempt petition with notice and order, and a photo copy, shall be presented to Family Court Administration for assignment to a judge and for scheduling of a date and time for the contempt hearing.

CRITICALCriminal cases

Applies to

Ard pwov application

The ARD/PWOV application must answer every applicable question and use “N.A” for questions that do not apply.

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

CRITICALCivil cases

Applies to

Discovery request

Unless the parties agree otherwise, discovery requires leave of court, and a request to conduct discovery must be presented by motion under Erie O.C.R. 3.0.

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.

CRITICAL

Applies to

Exhibit

Exhibits containing confidential information covered by Pa. Access Policy §8.0 must include an AOPC-approved confidential document cover sheet for sealing.

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.

CRITICALCivil cases

Applies to

Name change petition

Name-change petitions must be presented to the assigned judge to designate the hearing date and time.

Petitions for name change shall be presented to the assigned judge for designation of the date and time of hearing.

CRITICALCriminal cases

Applies to

Ard application

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.

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.

CRITICALCivil cases

Applies to

Writ of execution

A writ of execution must contain the specified designation and contact information for the Lawyer Referral & Information Service.

A writ of execution shall contain the following designation as the organization available to receive requests for free legal help: Lawyer Referral & Information Service P.O. Box 1792 Erie, PA 16507 814/459-4411 Mon-Fri 8:30 a.m. -12:00 p.m. and 1:15-- 4:00 p.m.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

The motion must state with particularity the basis for the claimed right to submit further evidence and include a certificate that it was served on all other parties.

Such a motion shall set forth with particularity the basis on which the movant claims a right to submit further evidence and shall contain a certificate that the motion has been served on all other parties.

CRITICALCivil cases

Applies to

Notice

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.

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.

CRITICAL

Applies to

Transcript request form

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.

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.

CRITICALCivil cases

Applies to

Rescheduled office conference filing

If the complaint or petition has not been served, the office conference may be rescheduled at the request of the appearing party or parties. The Custody Conciliation Office will prepare a new notice and order to be filed and served by the appearing party or parties, along with the petition and complaint and other documents required to be filed with the complaint.

If the complaint or petition has not been served, the office conference may be rescheduled at the request of the appearing party or parties. The Custody Conciliation Office will prepare a new notice and order to be filed and served by the appearing party or parties, along with the petition and complaint and other documents required to be filed with the complaint.

CRITICALCivil cases

Applies to

Petitions and orders

When no action has been filed, petitions and orders approving compromise, settlement, discontinuance, or distribution must be filed with the Register of Wills under the incapacitated individual's name.

(c) In cases where no action has been filed, all petitions and orders approving compromise, settlement, discontinuance or distribution shall be filed in the Office of the Register of Wills under the name of the incapacitated individual.

CRITICALCivil cases

Applies to

Notice of entry or 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.

(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.

CRITICALCivil cases

Applies to

Uncontested motion

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

(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.

CRITICAL

Applies to

Transcript request

A transcript request must use the standardized Transcript Request Form and be filed with the appropriate filing office for the case docket.

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.

CRITICALCivil cases

Applies to

Motion or petition

Must include

proposed order

The moving party must attach a proposed order to the motion or petition.

(d) The moving party shall attach to the motion or petition the proposed order

CRITICALCivil cases

Applies to

Depository agreement copy

After depositing funds, the Prothonotary must file a copy of the depository agreement with the case papers.

The Prothonotary shall after deposit of funds, as above described, mail a copy of said depository agreement to all parties of record and file a copy of same with the papers in the case.

CRITICALCivil cases

Applies to

Petition and order

When no action is pending, the petition and approving order must be filed with the Register of Wills in the minor's or incapacitated person's name.

The petition and Order approving the petition where there is no pending action shall be filed with the Register of Wills in the name of the minor or incapacitated person.

CRITICALCivil cases

Applies to

Expedited relocation hearing request

(1) obtain an expedited full hearing on the proposed relocation by presenting copies of the relocation notice, the counter-affidavit, the complaint for custody or petition for modification, whichever is applicable, and a request for hearing to Family Court Administration;

(1) obtain an expedited full hearing on the proposed relocation by presenting copies of the relocation notice, the counter-affidavit, the complaint for custody or petition for modification, whichever is applicable, and a request for hearing to Family Court Administration;

CRITICALCivil cases

Applies to

Motion

The mediation motion must identify the proposed mediator.

(2) the identity of the proposed mediator;

CRITICAL

Applies to

Complaint

A written complaint must substantially conform to the form set forth in Rule 8.

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

CRITICALCivil cases

Applies to

Petition

Petitions to compromise, discontinue, or settle wrongful-death claims involving a minor or incapacitated person must be submitted for approval to the assigned judge if an action is pending, or to an Orphans' Court Division judge if none is pending.

All petitions for the compromise, discontinuance or settlement of wrongful death claims in which a minor or incapacitated person has an interest shall be submitted for approval to: (1) The assigned judge, where there is a civil action pending; or (2) A judge of the Orphans' Court Division where there is no civil action pending.

CRITICALCriminal cases

Applies to

ECT application

The ECT application must be submitted with a copy of the criminal complaint or criminal information.

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

CRITICALCivil cases

Applies to

Petition or motion

A Certificate of Notice must be attached before the Court will enter an order on a petition or motion, unless special cause is shown.

The Court will not enter an order on a petition or motion without the Certificate of Notice being attached unless special cause be shown to the Court.

CRITICALCivil cases

Applies to

Supplemental account

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.

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.

CRITICALCriminal cases

Applies to

Substitution of counsel

Must include

certificate of service

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

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.

CRITICALCivil cases

Applies to

Notice of intent to present motion or petition

The notice must state when the motion or petition will be presented and must be accompanied by copies of the proposed motion and order.

The notice must give the date and time when the motion or petition will be presented to the Court and must accompany a copy of the proposed motion and order.

CRITICALCivil cases

Applies to

Mediation report

After mediation, the mediator must file a report with the Court, send copies to the parties or their counsel, and state only whether the case settled.

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.

CRITICALCivil cases

Applies to

Pretrial statement

Pretrial statements must include the estimated trial length, unusual legal issues, specified authorization where appropriate, and the required damages information for parties asserting or defending damages claims.

(a) In addition to the requirements set forth in Pa.R.Civ.P. 212.2(a), all Pretrial Statements shall contain: I. The estimated length of trial. 2. A list of any unusual legal issues. 3. Where appropriate, authorization to other parties to examine pertinent records unless earlier provided. 4. For any party asserting a claim for damages, the method of calculation and how damages will be proven. 5. For any party defending a claim for damages, any defenses to the damage claims.

CRITICALCivil cases

Applies to

Motion notice

The motion notice must state the presentation date and time and include a copy of the motion and proposed order.

(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.

CRITICALCivil cases

Applies to

Petition for grant of letters

Present the decedent’s death certificate to the Register for inspection and verification when presenting a petition for grant of letters.

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.

CRITICALCivil cases

Applies to

Petition

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.

(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.

CRITICALCivil cases

Applies to

Order

An order entered under Pa.R.Civ.P. 1066(b)(1) must include a description of the property.

Any order entered under Pa.R.Civ.P. 1066 (b)(l) shall include a description of the property.

CRITICALCivil cases

Applies to

Exceptions

A transcript must be ordered for exceptions unless they are not based on testimony in the record.

When filing exceptions, a transcript must be ordered from the Court Reporter's Office in accordance with Erie County Rules of Judicial Administration 4001-4008. The only time a transcript is not necessary is if the exceptions are not based on the testimony contained in the record.

CRITICALCivil cases

Applies to

Notice to defend form

The notice-to-defend form must identify the Erie County Lawyer Referral & Information Service and provide its listed address, phone number, hours, and website.

With respect to the notice to defend form required by Pa.R.Civ.P. 1018 the Erie County organization shall be: Lawyer Referral & Information Service P.O. Box 1792 Erie, PA 16507 (814) 459-4411 Monday Friday (8:30 a.m.- 5:00 p.m.) https://www.eriebar.com/public/services/lawyer-referral-service

CRITICALCivil cases

Applies to

Joint motion for case management order modification

To the extent the parties are in agreement with a proposed modification, they may file a joint motion, which shall indicate counsel's (or an unpresented party's) consent, either through signature or an email attached as an exhibit thereto.

To the extent the parties are in agreement with a proposed modification, they may file a joint motion, which shall indicate counsel's (or an unpresented party's) consent, either through signature or an email attached as an exhibit thereto.

CRITICALCivil cases

Applies to

Name change hearing submission

At the name-change hearing, the petitioner must provide a proposed decree, certified lien search, fingerprint-compliance verification when applicable, and verification of compliance with notice and publication requirements.

At the time ofthe hearing, the petitioner shall provide the Court with the following: (1) A copy of the proposed decree; (2) A certified copy of the lien search completed by the Clerk of Records; (3) A verification from the Pennsylvania State Police of compliance with any applicable fingerprint requirements; and (4) A verification of compliance with all notice and publication requirements.

CRITICALCivil cases

Applies to

Petition

When no action has been filed, all petitions and settlement-approving orders must be filed with the Register of Wills under the minor’s name.

In cases where no action has been filed, all petitions and orders approving settlement shall be filed in the Office ofthe Register of Wills under the name ofthe minor.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions must have a proposed order attached.

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

CRITICALCivil cases

Applies to

Motion to appoint master

The moving party must certify that all parties complied with the specified Pennsylvania Rules of Civil Procedure.

The moving party shall certify that all the parties have complied with the requirement of Pa.R.Civ.P. 1920.31, Pa.R.Civ.P. 1920.33 and Pa.R.Civ.P. 1920.46.

CRITICALCivil cases

Applies to

Case management order

After the initial conference, the case management order must set timelines for discovery, dispositive motions, expert reports, applicable alternative dispute resolution, pretrial narratives, and the earliest trial date.

1. After the initial case management conference, the Court shall issue a case management order setting forth a timeline for discovery, the filing of dipositive motions, the exchange of expert reports, the scheduling of alternative dispute resolution (if applicable), the deadlines for the filing of pretrial narratives, and the earliest date on which the case may be tried.

CRITICALCivil cases

Applies to

Transcript request

The original transcript request must use the standardized Transcript Request Form and be filed with the appropriate filing office for the case docket.

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 ofthe case docket.

CRITICALCivil cases

Applies to

Transcript request form

A litigant relying on existing in forma pauperis status must attach the granting order to the Transcript Request Form filed and served under the cited rules.

The order granting the litigant in forma pauperis status shall be attached to the Transcript Request Form which is filed and served in accordance with Pa.R.J.A. 4007 and Erie County Rule of Judicial Administration 4007.

CRITICALCivil cases

Applies to

Petition

Approved petitions must be filed in the Office of the Prothonotary.

All approved petitions shall be filed in the Office ofthe Prothonotary.

CRITICALCivil cases

Applies to

Petition

Petitions in actions filed by or for incapacitated individuals must be submitted to the assigned judge if a civil action is pending, or to an Orphans’ Court Division judge if none is pending.

All petitions presented for compromise, settlement, discontinuance and/or distribution in actions filed by or on behalf of incapacitated individuals shall be submitted to: (1) The assigned judge, where there is a civil action pending; or (2) A judge in the Orphans' Court Division where there is no civil action pending.

CRITICALCivil cases

Applies to

Petition to confirm relocation

Must include

proposed order

When the non-relocating party was served and did not timely object, the relocating party must present a Petition to Confirm Relocation and a proposed order containing the statutory information to the duty judge at Motion Court.

If the non-relocating party was properly served notice of proposed relocation and has failed to timely object, the party proposing relocation, in addition to following the requirements of Pa.R.Civ.P. 1915.l 7(e), shall present a Petition to Confirm Relocation with a proposed order including the information set forth at 23 Pa.C.S. § 5337(c)(3) to the duty judge at Motion Court.

CRITICALCivil cases

Applies to

Extension agreement notice

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

(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.

CRITICALCivil cases

Applies to

Certification i

If the parties agree that the matter is ready for trial, they must file a certification substantially in Form 212.1(B) and designate it “Certification I.”

If the parties are in agreement that the matter is ready for trial, then they shall file a certification substantially in the same form as Form 212.l(B) and designated "Certification I."

CRITICALCivil cases

Applies to

Action commencement documents

Documents filed to commence an action must include a completed and signed civil cover sheet in the form provided by the Court.

The document(s) filed to commence an action shall include a completed and signed civil cover sheet, in the form provided by the Court and available at: https://eriecountypa.gov/courts/court-information/general-forms/

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must include a Proposed Order and supporting brief.

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

CRITICALCivil cases

Applies to

Paper

The caption of every paper allowed or required to be filed must state the term and number at which the action is filed.

The caption of all papers allowed or required to be filed shall contain the term and number at which the action is filed.

CRITICALCivil cases

Applies to

Proposed schedule of distribution

The Sheriff must include copies of the lien list and the required certificate or guaranty with the proposed distribution schedule transmitted to the Prothonotary.

The Sheriff shall include with the copy of the proposed schedule of distribution transmitted to the Prothonotary a copy ofthe list ofliens and a copy ofthe certificate or guaranty required by Pa.R.Civ.P. 3136(c).

CRITICALCivil cases

Applies to

Request for argument

Must include

proposed order

The moving party's request for argument must be accompanied by a proposed order.

Within twenty (20) days of filing the exceptions, the moving party shall file their request for argument and proposed Order with the Court Administrator.

CRITICALCivil cases

Applies to

Exceptions

Exceptions must include a copy of the hearing officer’s report and proposed order being challenged.

1. A copy of the hearing officer's report and proposed order from which the exceptions are filed must be attached to the exceptions.

CRITICALCivil cases

Applies to

Uncontested motion

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

CRITICALCivil cases

Applies to

Name change petition

When filed, name-change petitions must be presented to the Office of Court Administration for assignment to a judge.

Upon filing, all petitions for name change shall be presented to the Office of Court Administration for judge assignment.

CRITICALCivil cases

Applies to

Motion

Except as provided by Erie L.R. 208.3(b), a motion is treated as contested unless it contains counsel's or an unrepresented party's certification that it is uncontested.

Except as set forth in Erie L.R. 208.3(b), a motion shall be treated as a contested motion unless it contains a certification by counsel or by an unrepresented party that the motion is uncontested.

CRITICALCivil cases

Applies to

Foreign distributee report

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.

(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.

CRITICALCivil cases

Applies to

Motion to appoint master

Must include

proposed order

The motion and proposed order requesting appointment of a Master must conform to Erie L.R. 1920.74.

The Motion and proposed Order requesting the appointment of a Master shall be in conformity ¼ith Erie L.R. 1920. 74.

CRITICALCivil cases

Applies to

Adoption petition

An adoption petition must include criminal-history and child-abuse clearance reports for each prospective adoptive parent unless it explains why they are not attached.

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.

CRITICALCivil cases

Applies to

Petition

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

(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.

CRITICALCivil cases

Applies to

Pre hearing status conference summary

After the status conference, the Master must prepare a summary of the discussions and actions, including stipulations and settled matters that will not be raised at the hearing.

Prepare a summary of the discussions and action taken at the pre­ hearing status conference, including a statement of any stipulations, and of any matters which have been settled between the parties and which will not be raised at the hearing before the Master;

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Decision notice

The President Judge must issue written notice of the Court's decision to the complainant and any constable within 30 days after receiving the Board's recommendation.

Within thirty (30) days of receipt of the Constable Review Board's recommendation, the President Judge shall issue a written notice to the complainant and any constable of the Court's decision.

CRITICALCivil cases

Applies to

Motion

The mediation motion must state other terms consented to by the parties or proposed by the moving healthcare provider.

(4) any other terms that have been consented to by the parties or which are being proposed by the moving health care provider.

CRITICALCivil cases

Applies to

Motion court filing

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

(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.

CRITICALCivil cases

Applies to

Contested motion

Every contested motion must be accompanied by a rule to show cause for scheduling a hearing or argument, as appropriate.

All motions which are contested shall be accompanied by a rule to show cause for the scheduling of a hearing or argument as appropriate.

CRITICALCriminal cases

Applies to

Waiver of arraignment

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

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.

CRITICALCivil cases

Applies to

Motion

The mediation motion must state the proposed mediation date or the time frame when mediation will occur.

(1) the date of the proposed mediation or the time frame during which the mediation will take place;

CRITICALCivil cases

Applies to

Petition

Petitions in minors' actions must be submitted to the assigned judge if a civil action is pending, or to an Orphans’ Court Division judge if none is pending.

All petitions presented for the compromise, settlement, discontinuance and distribution in minors' actions shall be submitted to: (1) The assigned judge, where there is a civil action pending; or (2) A judge in the Orphans' Court Division where there is no civil action pending.

CRITICALCivil cases

Applies to

Motion

Unless a certification is filed that a motion is presented as uncontested, the motion must include a brief statement of applicable authority.

Unless a certification is filed that a motion is presented as uncontested, any motion shall include a brief statement of the applicable authority.

CRITICALCivil cases

Applies to

Case summary

The case summary must substantially follow Form 212.l(A) and include the specified case, motion, scheduling, and alternative-dispute-resolution information.

The case summary shall be substantially in accordance with Form 212.l(A), and shall set forth the general nature of the case, whether there are any preliminary objections or motions for judgment on the pleadings pending or anticipated, suggested dates for the completion of expert and fact discovery, suggested dates by which to file dispositive motions, and the amenability of the party to alternative dispute resolution.

CRITICALCriminal cases

Applies to

Veterans court application

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

**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.

CRITICALCivil cases

Applies to

Consent agreement

Any full or partial agreement reached at an office conference must be reduced to a Consent Agreement and signed by the parties immediately after the proceeding concludes.

(e) All agreements reached at an office conference, whether a full or partial agreement, shall be reduced to a Consent Agreement and shall be signed by the parties immediately upon conclusion of the proceeding.

WARNINGCriminal cases

Applies to

Ard application

The Criminal Court Administrator must mark the filing date on the ARD application copy.

The Criminal Court Administrator shall mark the date of filing on the copy.

WARNING

Applies to

All documents and attached exhibits

The filing party must maintain the originals of all documents and attached exhibits under Pa.R.O.C.P. 4.7(c)(3).

The originals of all documents and attached exhibits shall be maintained by the filing party in accordance with Pa.R.O.C.P. 4.7(c)(3).

WARNINGCivil cases

Applies to

Petition

An interested party may request a hearing on a report’s confirmation or approval by filing a petition under Erie O.C.R. 3.5.

Any Interested Party may request a hearing on the confirmation of an auditor's report or the approval of a hearing officer's report by petition following the procedure for petition practice under Erie O.C.R. 3.5.

WARNINGCivil cases

Applies to

Children cope with divorce program

The Court may require program attendance, but nonattendance does not prevent record transmittal or issuance of a final decree; parties ordered to attend must still do so.

Although, in accordance with 23 Pa. C.S. § 5332, the Court may require the parties to attend the program, the failure of a party to attend the program shall not impede the transmittal of the record. As such, upon proper praecipe, a final decree may be issued even if one or both parties have not attended the Children Cope ~ith Divorce" program. Notwithstanding the above, parties who are otherwise obliged to attend the program by Court Order, must still attend the program.

WARNINGCivil cases

Applies to

Motion

A motion is treated as contested unless all parties have joined it or written consents are attached.

(1) Motions shall be deemed contested unless all Parties have joined in the motion or written consents are attached to the motion.

WARNINGCivil cases

Applies to

Petition

State Orphans’ Court Rule requirements for petition content, exhibits, notice, filing, and service are strictly enforced unless the court grants leave.

Absent leave of court, all State Orphans’ Court Rule requirements for content of petitions, exhibits, notice, filing and service shall be strictly enforced.

WARNINGCivil cases

Applies to

Motion

If the mediation motion is consented to, it must note the consent, and written party consents should be attached where possible.

If the motion has been consented to, such consent shall be noted in the motion and, where possible, written consents from the parties shall be attached.

WARNINGCriminal cases

Applies to

Waiver of appearance at arraignment

Attorneys who are not members of the Erie County Bar should provide their address and telephone number.

Attorneys not members of the Erie County Bar, please provide address and telephone number.

WARNINGCivil cases

Applies to

Complaint

A complaint must include the program brochure if any party involved has not previously attended the program.

A copy of the brochure providing information on the program must be included in all complaints involving parties that have not previously attended the program.

WARNINGCivil cases

Applies to

Certification

At the end of the case, the Master must prepare a certification stating the amount of Master's fees paid and their disposition.

At the conclusion of the case, the Master shall prepare a certification indicating the amount of Master's fees paid the disposition thereof.

WARNINGCivil cases

Applies to

Schedule of distribution

Real property in the schedule of distribution must be described as in the last deed of record and include information pertinent to how the decedent acquired title.

(ii) Real property shall be described in the manner appearing in the last deed of record and include information pertinent to the derivation of decedent’s title.

WARNINGCivil cases

Applies to

Motion cover sheet

The motion type must be indicated on the back of the motion cover sheet.

C. INDICATE MOTION TYPE ON BACK OF THIS PAGE (OVER)

WARNINGCivil cases

Applies to

Pre hearing narrative statement

The Court may, in its discretion and on a party’s request or its own motion, require a party intending to offer evidence to file a pre-hearing narrative statement describing that evidence and the proceeding.

The Court may, in its discretion, at the request of any party or on its own motion, require that any party intending to offer evidence pursuant to this Rule file a pre-hearing narrative statement fairly setting forth the nature of the evidence to be offered such that all parties may have adequate notice of the facts at issue prior to hearing and the scope and nature of the evidentiary proceeding.

WARNINGCivil cases

Applies to

Transcript request form

A litigant should also attach a verified statement confirming awareness of the continuing duty to report improved finances and that no improvement has occurred.

In addition to attaching the order to the request, the litigant should also attach a verified statement indicating that the party is aware of their continuing obligation to inform the court of improvement in their financial circumstances and that no such improvement has occurred since entry of the order granting permission to proceed in forma pauperis.

WARNINGCivil cases

Applies to

Summary jury trial

Counsel are to submit proposed voir dire questions and proposed jury instructions ordinarily required for a summary jury trial.

Counsel are to submit proposed voir dire questions and proposed jury instructions ordinarily required.

WARNINGCivil cases

Applies to

Request for oral argument

A moving party requesting oral argument must make the request in writing when serving the motion and brief on the assigned judge.

If the moving party requests oral argument, the moving party shall do so in writing when serving the motion and brief upon the assigned judge.

WARNINGCivil cases

Applies to

Request for oral argument

A non-moving party requesting oral argument must make the request in writing when serving its responding brief on the assigned judge.

If the non-moving party requests oral argument, the non-moving party shall do so in writing when serving a responding brief upon the assigned judge.

WARNINGCivil cases

Applies to

Request for oral argument

A non-moving party requesting oral argument must make the request in writing when serving a response on the assigned judge.

If the non-moving party requests oral argument, the non-moving party shall do so in writing when serving a responding upon the assigned judge.

WARNINGCivil cases

Applies to

Court file removal

Papers may not be removed from the Prothonotary’s office without a court order, except for the stated temporary removals by an attorney.

The Prothonotary shall permit no papers to be taken from the office without order of Court except for temporary removal by an attorney for the purpose of conducting an arbitration, for copying within the Court House or other recognized Court purpose.

WARNINGCivil cases

Applies to

Schedule of distribution

Each award of real property in a schedule of distribution must appear in a separate paragraph.

(i) Each award of real property shall be set forth in a separate paragraph.

WARNINGCivil cases

Applies to

Court file removal

Anyone removing court-file papers must sign them out on the designated form and is responsible for damages resulting from their loss.

Those removing papers from the file of the Court shall sign them out on a form used for that purpose and shall be responsible for damages arising from any loss.

WARNINGCriminal cases

Applies to

Treatment court application

Applicants must answer every applicable question and mark nonapplicable questions “N.A.”

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

WARNINGCivil cases

Applies to

Discovery application

An interested party may seek discovery leave by application to the Register, and permitted discovery is limited to depositions, document-production requests, requests for admissions, and subpoenas.

Leave to engage in discovery may be granted upon application to the Register by an Interested Party and shall be limited to depositions, requests for production of documents, requests for admissions, and subpoenas.

WARNINGCivil cases

Applies to

Exceptions

Only matters raised in exceptions will be considered; matters not raised are waived.

Only matters raised on exceptions will be considered by the Court, and any matters not raised on exceptions shall be deemed to be waived.

WARNINGCivil cases

Applies to

Request for oral argument

An objecting party requesting oral argument must make the request in writing when serving the preliminary objections and brief on the assigned judge.

If the objecting party requests oral argument, the objecting party shall do so in writing when serving the preliminary objections and brief upon the assigned judge.

INFOCivil cases

Applies to

Petition to confirm relocation

If the non-relocating party objects to neither relocation nor the proposed custody-order modification, the parties may seek approval by presenting a Petition to Confirm Relocation and the agreed custody order to the duty judge at Motion Court.

If the non-relocating party has no objection to relocation and no objection to modification of the custody order consistent with the relocating party's proposal for revised custody schedule, the parties may obtain an order approving the proposal for revised custody schedule by presenting a Petition to Confirm Relocation with the agreed upon custody order before the duty judge at Motion Court.

INFOCivil cases

Applies to

Praecipe to transmit divorce

If the parties have dependent children age 18 or under, they may attach a completed program certification form or waiver to the Praecipe to Transmit Divorce.

If the parties have dependent children 18 years or under, a copy of the parties' completion certification form or waiver of the "Children Cope with Divorce" program may be attached to the Praecipe to Transmit Divorce, if completed by the parties.

INFO

Applies to

Interview report

If scheduling conflicts prevent the full Board from interviewing, it may ask the President Judge to select two members to conduct interviews and prepare and submit a report to the Board.

If scheduling conflicts prevent the Board from meeting to conduct interviews before the Board as a whole, the Board may request the President Judge to select two Board members to conduct interviews who shall prepare and submit a report to the Board.

INFOCivil cases

Applies to

Motion

A motion may be presented as uncontested if the opposing party consented, or if the required prior notice and proposed order were served and the opposing party neither indicated an intent to object nor objected at presentation.

A motion may be presented as uncontested where counsel or an unrepresented party can certify that the opposing party has consented to the relief requested or where prior notice of intention to present the motion and proposed order has been served in accordance with Erie L.R. 440 and the opposing party has neither indicated an intention to object nor appeared at the time of presentation and expressed an objection.

CRITICALCivil cases

When assignment has not occurred at commencement, counsel or an unrepresented party must submit the assignment request to the Court Administrator using the available form.

In such cases, counsel or an unrepresented party shall submit a request for judicial assignment with the Court Administrator on a form available at: https://eriecountypa.gov/courts/court-information/general-forms/.

CRITICALCriminal cases

The motion form includes the requested Rule 600 delay attribution and opposing counsel’s position on the Rule 600 analysis; if applicable, it calls for the signed waiver to be attached as Exhibit A.

6. For the purpose of Rule 600, the delay caused by this continuance shall be attributed to [ENTER PARTY]. 8. [ENTER ADVERSE COUNSEL][objects/does not object] to the Rule 600 analysis. 9. [ONLY IF APPLICABLE] Defendant has signed a Rule 600 Waiver, attached as Exhibit A, waiving his/her speedy trial rights until [ENTER DATE].