Court of Common Pleas of Erie County, Pennsylvania Service and Proof of Service Rules

CRITICALCivil cases

The non-moving party must serve its responding brief on the assigned judge and the moving party.

The non-moving party shall serve a· copy of the responding brief to the assigned judge and the moving party.

CRITICALCivil cases

Deadline

2 business days

Service

Personal service to all parties

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

CRITICALCivil cases

After the conciliation office assigns the conference and attaches the order, the moving party must file the original pleading with the Prothonotary and serve the responding parties under the Pennsylvania Rules of Civil Procedure.

The moving party shall then file the original pleading with the Prothonotary, and serve the responding party or parties as provided in the Pennsylvania Rules of Civil Procedure.

CRITICAL

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.

CRITICAL

Service

Electronic service

Registering to use the electronic filing system constitutes agreement to accept electronic service of all notices, opinions, and orders from the Clerk or Court.

Registration for use of the electronic filing system shall constitute the registrant’s agreement, pursuant to Pa.R.O.C.P. 4.5(a)(1), to accept service of all notices, opinions, and orders from the Clerk or the Court via electronic means.

CRITICALCivil cases

If a discovery deposition is scheduled without the parties’ consent, written notice must be served on opposing counsel and any unrepresented party by an authorized method at least 14 days beforehand, unless an exception applies.

Unless ordered by the court, or as otherwise permitted by the Pennsylvania Rules of Civil Procedure, any discovery deposition not scheduled upon consent of the parties may be scheduled only after 1;vritten notice has been given by the party scheduling the deposition to opposing counsel and any unrepresented party. The written notice must be served upon opposing counsel and on any unrepresented party by hand delivery, fax transmission or first class United States mail at least 14 days prior to the date scheduled for the deposition.

CRITICALCivil cases

Unless the arbitration panel directs otherwise, parties must exchange specified expert reports, witness contact information, and intended exhibits at least 20 days before the arbitration.

Unless otherwise directed by the arbitration panel, the parties shall exchange the following information and things at least twenty (20) days prior to the date set for the arbitration. 1. A report of any expert that a party intends to call as a witness, which sets forth the substance of the facts, findings or opinions of each expert and a summary of the grounds or reasons for each such finding or opinion. 2. The name, address and telephone number of all witnesses the party expects to call. 3. Copies of all exhibits the party intends to offer into evidence.

CRITICALCivil cases

Service

Publication

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

CRITICALCivil cases

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.

CRITICALCivil cases

Service

Court service

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).

CRITICALCivil cases

Service

Mail

The Master must give attorneys of record, or unrepresented parties, written notice of the time and place of a hearing at least 20 days beforehand by ordinary mail.

At least twenty (20) days written notice of the time and place of any Master's hearing shall be given to the attorneys of record (or the parties where no attorney has appeared in the case) by the Master by ordinary mail.

CRITICALCivil cases

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.

CRITICALCivil cases

The petitioning party must mail or deliver a copy of the narrative to the assigned judge, opposing counsel of record, and any unrepresented parties.

The petitioning party shall mail or deliver a copy of the narrative to the assigned judge, as well as opposing counsel of record and any unrepresented parties.

CRITICALCivil cases

Applies to

Certification for trial

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.

CRITICALCivil cases

Service

Email to opposing party

For a motion or petition requesting an immediate order, two full business days' notice may be given by email or facsimile to each party or counsel's office; email is subject to the stated electronic-service condition.

Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, (except for a motion or petition filed under Pa.R.Civ.P. 153l(a) or a Rule to Show Cause which grants no relief), opposing counsel and unrepresented parties must be given two (2) full business days' notice by personal delivery, email or facsimile transmission to each party or their counsel's office

CRITICALCivil cases

Service

Mail to opposing party

For a motion or petition requesting an immediate order, opposing counsel and unrepresented parties must receive five full business days' notice by mail before presentation, except for the stated exceptions.

Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, (except for a motion or petition filed under Pa.R.Civ.P. 153l(a) or a Rule to Show Cause which grants no relief), opposing counsel and unrepresented parties must be given two (2) full business days' notice by personal delivery, email or facsimile transmission to each party or their counsel's office, or five (5) full business days' notice ifby mail.

CRITICALCriminal cases

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).

CRITICALCivil cases

Service

Mail to all parties

After depositing funds, the Prothonotary must mail a copy of the depository agreement to all parties of record.

The Prothonotary shall after deposit of funds, as above described, mail a copy of said depository agreement to all parties of record

CRITICALCivil cases

Notice must be personally served or sent by registered mail to each person entitled to damages, unless diligent search shows their identity or whereabouts is unknown, in which case notice must be advertised in two specified publications; an affidavit of service must be filed.

The notice shall in all cases be served personally or by registered mail upon each person entitled by law to recover damages in the action, unless the plaintiff shall file an affidavit that the identity or whereabouts of any such person is unknown to them, after diligent search, in which case the plaintiff shall cause the notice to be advertised once in the newspaper of general circulation published in Erie County, and once in the Erie County Legal Journal. Affidavit of service ofnotice shall be filed.

CRITICALCivil cases

The defendant must give the plaintiff or the plaintiff’s attorney notice and a copy of the filed account forthwith.

giving notice and copy of account forthv.ith to the plaintiff, or their attorney, that this has been done.

CRITICALCivil cases

Service

Court service

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

A copy of the Index of Exhibits, without attached exhibits unless otherwise ordered, must be served on the trial court and parties within 5 business days after the proceeding concludes.

A copy of the “Index of Exhibits” (without attached exhibits unless ordered otherwise) shall be served on the trial court and parties within 5 business days of conclusion of a court proceeding.

CRITICALCivil cases

Counsel and arbitrators must forward their signed agreement to be bound by the standards to all other parties and arbitrators.

Counsel for the parties and the arbitrators shall forward to all other parties and arbitrators their signed copy ofthe agreement to be bound by these Standards of Professional Conduct.

CRITICALCivil cases

An arbitrator who cannot attend must give the parties written notice of unavailability five days before the hearing so they can select a replacement and avoid rescheduling.

In the event an arbitrator selected pursuant to the above procedures is unavailable to attend the hearing for any reason, that arbitrator shall give the parties 'Nritten notice of their unavailability five (5) days before the hearing date, so as to allow the parties time to agree on selection of a replacement arbitrator and have said replacement available to attend the hearing so as not to cause the need for rescheduling ofthe same.

CRITICALCriminal cases

Applies to

Notice of trial

Service

Court service to all parties

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.

CRITICALCivil cases

Requests for subpoenas must be submitted in writing to the neutral arbitrator, with copies sent to the other arbitrators and opposing counsel.

All requests for the issuance of a subpoena shall be submitted in writing to the neutral arbitrator, with copies being sent to the remaining arbitrators and to opposing counsel.

CRITICALCivil cases

The petitioner must provide the Commonwealth notice of the hearing’s date and time as provided by the Motor Vehicle Code.

Notice of the time and date of the hearing shall be provided by the petitioner to the Commonwealth as provided by the Motor Vehicle Code.

CRITICALCivil cases

Applies to

Mediation report

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.

CRITICALCivil cases

In compulsory arbitration cases involving more than $10,000, the parties must exchange specified expert reports, witness information, and intended exhibits at least 20 days before arbitration.

(a) In cases subject to compulsory arbitration where the amount in controversy exceeds $10,000.00, the parties shall exchange the following information at least twenty (20) days prior to the arbitration. (1) A copy of all reports containing the substance of the facts, findings or opinions and a summary of the grounds or reasons for each opinion of any expert, including physicians, whom that party expects to call as a witness at the arbitration. The report must be signed by the expert. (2) Names and addresses of all witnesses the party expects to call. (3) Copies of all exhibits the party intends to use at the arbitration, with a designation of those documents to be produced pursuant to Pa.R.Civ.P. 1305.

CRITICALCivil cases

Service

Mail to all parties

The Master must schedule the pre-hearing status conference within fifteen days after receiving notice of appointment and mail notice to counsel and unrepresented parties at least five business days before the conference.

The Master shall within fifteen days after receiving notice of the Master's appointment schedule a date for a pre-hearing status conference to be held prior to the date of the Master's hearing and shall give notice of the time and place of the pre-hearing status conference by First Class Mail to counsel for represented parties and directly to any unrepresented party. Said notice shall be mailed at least five business days prior to the scheduled date of the conference.

CRITICALCivil cases

Exceptions must be timely filed with the Office of the Prothonotary and served on the opposing party or counsel of record.

Exceptions must be timely filed at the Office of the Prothonotary, and shall be served on the opposing party or their counsel of record.

CRITICALCivil cases

Applies to

Proposed schedule of distribution

Service

Mail

Upon filing the proposed distribution schedule, the Sheriff must immediately mail it with the lien list, marked with the filing date, to all parties, lien creditors, and other interested persons identified in the referenced affidavit.

Upon filing the proposed schedule of distribution, the Sheriff shall immediately mail a copy of the proposed schedule of distribution including a copy of the list of liens, clearly indicating thereon the date on which the proposed schedule of distribution was filed, to all parties and lien creditors, as well as to any other persons in interest as set forth in the Pa.R.Civ.P. No. 3129.l(b)Affidavit.

CRITICALCivil cases

Applies to

Responsive pleading

A party objecting to a legal defect must file and serve the proper responsive pleading and, if appropriate, request a stay under Local Rule 1915.5.

It is the responsibility of a party objecting to jurisdiction, venue, service, standing or any other legal defect, to file and serve the proper responsive pleading, and to request a stay by the court, if appropriate, pursuant to Local Rule 1915.5.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Certification ii

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."

CRITICALCivil cases

When serving its brief, the objecting party must also serve the preliminary objections and brief on the assigned judge.

At that time, the objecting party shall also serve a copy of the preliminary objections and brief upon the assigned judge.

CRITICALCivil cases

Applies to

Petition and affidavit for transcript cost waiver or reduction

When filing the petition and affidavit, the requesting party must also serve copies 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 case for disposition.

CRITICALCivil cases

Copies of exceptions and briefs must be provided to counsel of record, any unrepresented party, the Master, and the Judge.

Copies of exceptions and briefs shall be provided to all counsel of record (or to a party directly if unrepresented by counsel) the Master and to the Judge.

CRITICALCivil cases

The Master must serve the summary and filing schedule on counsel for the parties or on any unrepresented party.

Serve a copy of the summary and filing schedule on counsel for the parties, or on any unrepresented party;

CRITICALCivil cases

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.

CRITICALCivil cases

The petition must be served in accordance with Pennsylvania Rule of Civil Procedure 3283.

The service of the petition shall be in accordance with Pa.R.Civ.P. 3283.

CRITICALCivil cases

Deadline

2 business days

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;

CRITICALCivil cases

After presenting preliminary objections to Family Court Administration, the moving party must file the original pleading with the Prothonotary and serve the objections and hearing notice under the Pennsylvania Rules of Civil Procedure.

Thereafter, the moving party shall file the original pleading with the Prothonotary and serve the objections and notice of hearing in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

Service

Mail

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

CRITICALCivil cases

Applies to

Transcript request

To process a transcript request, a copy must be served on the District Court Administrator and all individuals designated by Pa.R.J.A. 4007; service on the Administrator may be by hand delivery, email, or mail to the stated address.

In order for the request to be processed, a copy ofthe request must be served on the District Court Administrator, as well as on all other individuals designed by Pa.R.J.A. 4007. For purposes of service on the District Court Administrator, the request may be hand delivered to 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.

CRITICALCriminal cases

Service

Court service to all parties

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).

CRITICALCivil cases

A party may waive an expedited hearing and participate in a custody conciliation conference after obtaining a conference date and following Pa.R.Civ.P. 1915.17; afterward, the moving party must file the original pleading and arrange service under the Pennsylvania Rules of Civil Procedure.

(2) may waive their right to an expedited hearing and participate in a custody conciliation conference by obtaining a time and date from the custody conciliation office in addition to following the filing requirements of Pa.R.Civ.P. 1915.17. Thereafter, the moving party shall file the original pleading with the Prothonotary and provide for service pursuant to the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

The moving party must file its motion for judgment on the pleadings and supporting brief with the Prothonotary and contemporaneously serve them on all counsel of record, unrepresented parties, and the assigned judge.

The moving party shall file a motion for judgment on the pleadings, together with a supporting brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving party upon all counsel of record and unrepresented parties and upon the assigned judge.

CRITICALCivil cases

The moving party must contemporaneously serve a copy of the motion and brief on the assigned judge.

a copy of the motion and brief shall be contemporaneously served by the moving party upon all counsel of record and unrepresented parties and upon the assigned judge.

CRITICALCivil cases

Applies to

Resulting order

The petitioner must forward a copy of the resulting order to the District Court Administrator.

The petitioner shall be responsible for forwarding a copy ofthe resulting order to the District Court Administrator.

CRITICALCivil cases

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,

CRITICALCriminal cases

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).

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Notice of a motion to intervene must be provided to all responding parties under Erie L.R. 440.

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 and scheduling order

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.

CRITICALCivil cases

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

CRITICALCivil cases

After the required presentation and scheduling steps, the moving party must file the original pleading with the Prothonotary and arrange service under the Pennsylvania Rules of Civil Procedure.

Thereafter, the moving party shall file the original pleading with the Prothonotary and provide for service pursuant to the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

The party filing exceptions must serve a time-stamped copy on the opposing party or counsel of record.

The party filing exceptions must also serve a time stamped copy on the opposing party or that party's counsel of record.

CRITICALCivil cases

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.

CRITICALCivil cases

When filing its responding brief, the non-moving party must deliver a copy to the assigned judge.

and, at that time, shall deliver a copy to the assigned judge.

CRITICALCivil cases

The moving party must file the motion and supporting brief with the Prothonotary and contemporaneously serve copies on all counsel of record and unrepresented parties.

The moving party shall file a motion for summary judgment, together with a supporting brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving party upon all counsel of record and unrepresented parties

CRITICALCivil cases

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.

CRITICALCivil cases

Deadline

5 business days

Service

Mail to all parties

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.

CRITICALCivil cases

Untimely production results in exclusion of the related expert, witness, or exhibit unless the adverse party consents or good cause is shown to the arbitrators.

(b) If timely production is not made of any of the information required above, the testimony of that expert, that witness, or use of that exhibit, shall be excluded by the arbitrator(s), except upon consent of the adverse party or parties, or upon a showing of good cause made to the arbitrator(s).

CRITICALCivil cases

The objecting party must file preliminary objections with the Prothonotary and serve a copy on all counsel of record and unrepresented parties.

Preliminary objections shall be filed ,vith the Prothonotary and a copy shall be served by the objecting party upon all counsel of record and unrepresented parties.

CRITICALCivil cases

A party who requests that an office conference be rescheduled is responsible for serving notice of the rescheduled conference.

If the appearing party or parties request to reschedule the office conference, the appearing party or parties are responsible for serving notice of the rescheduled conference.

CRITICALCivil cases

The Board chairman must give written hearing notice to each arbitrator and each party or their counsel in compliance with Pa.R.Civ.P. 1303.

The Chairman of the Board of Arbitrators shall designate the time for hearing with written notice to each of the members of the Arbitration panel and to each party or their counsel in compliance with Pa.R.Civ.P. 1303.

CRITICALCivil cases

Service of process in domestic relations matters must comply with Pa.R.Civ.P. 1930.4.

Service of process in domestic relations matter shall be in accordance with Pa.R.Civ.P 1930.4.

CRITICALCivil cases

Service

Personal service to opposing party

Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, (except for a motion or petition filed under Pa.R.Civ.P. 153l(a) or a Rule to Show Cause which grants no relief), opposing counsel and unrepresented parties must be given two (2) full business days' notice by personal delivery

Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, (except for a motion or petition filed under Pa.R.Civ.P. 153l(a) or a Rule to Show Cause which grants no relief), opposing counsel and unrepresented parties must be given two (2) full business days' notice by personal delivery

CRITICALCriminal cases

Applies to

Scheduling order or final order

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

CRITICALCivil cases

Deadline

5 business days

Service

Mail to all parties

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.

WARNINGCivil cases

Notice of a succeeding hearing given at a properly noticed hearing is sufficient notice of that succeeding hearing.

Notice of succeeding hearings given by an auditor or hearing officer at a hearing of which proper notice has been given shall constitute sufficient notice of such succeeding hearings.

WARNING

The petitioner must forward the resulting order to the District Court Administrator; failure to serve the order may delay transcription.

The petitioner shall be responsible for forwarding a copy of the resulting order to the District Court Administrator. Failure to serve the order may result in delayed transcription.

WARNINGCivil cases

Service

Court service

The Clerk, Register, and court may serve orders and other legal paper through counsel’s courthouse mailbox; no one else may use that service method.

4.5 Service of Legal Paper by Court and Clerk. In addition to the methods set forth at Pa.R.O.C.P. 4.5, the Clerk, Register and court may serve orders and other legal paper via counsel’s courthouse mailbox located on the ground floor of the Erie County Courthouse. This rule does not permit service via courthouse mailbox by anyone other than the Clerk, Register and court.

WARNINGCivil cases

After the required filings and delivery to Court Administration, argument will be placed on the next available list, and the Court will serve the parties notice of the argument date and place.

Once exceptions and all related documents are filed with the Prothonotary and a copy is provided to Court Administration, argument on the exceptions will be placed on the next available argument list for an assigned judge. The Court will issue an order and serve notice on all parties of the date and place of argument.

WARNINGCivil cases

After the responding-brief filing date passes, the judge may schedule argument; if scheduled, the Court must notify attorneys of record and unrepresented parties by U.S. mail, fax, or personal delivery.

After the passage of the filing date for the non-moving party's responding brief, the assigned judge may schedule the matter for an argument on the preliminary objections. Notice of argument, if scheduled, shall be given by the Court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission or personal delivery.

WARNINGCivil cases

After the responding-brief filing date passes, the judge may schedule argument; if scheduled, the Court must notify attorneys of record and unrepresented parties by U.S. mail, fax, or personal delivery.

After the passage of the filing date for the non-moving party's responding brief, the assigned judge may schedule the matter for argument. Notice of argument, ifscheduled, shall be given by the court to each attorney ofrecord and to unrepresented parties by United States mail, facsimile transmission or personal delivery.

WARNINGCivil cases

The mediator must designate the mediation time and give written notice to each party or their counsel.

The mediator shall designate the time for mediation with written notice to each party or their counsel.

WARNINGCivil cases

If the investigator determines a disinterested interpreter is needed for service, the investigator may use InterpreTalk or another court-designated service, or notify the court if the service is unavailable or inadequate.

If, in the discretion of the Orphans’ Court investigator, a disinterested language interpreter is required to facilitate service on an alleged incapacitated person, they may utilize InterpreTalk, or other court-designated language assistance services, or notify the court if such service is unavailable or inadequate under the circumstances.

WARNINGCriminal cases

Service

Electronic service

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

Pursuant to Pa.R.Crim.P. 576.1(D)(2), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

WARNINGCriminal cases

Service

Electronic service

A copy may be served by facsimile or other electronic means if the attorney or unrepresented party has made a written request for that method of service for the document.

Note: Sending a copy by “facsimile transmission or other electronic means if the party’s attorney, or the party if unrepresented, has made a written request for this method of service for the document” is expressly permitted under Pennsylvania Rule of Criminal Procedure 576(B)(1)(f).

WARNINGCivil cases

Service

Publication

Notices and matters required to be published under the Pennsylvania Rules of Civil Procedure, statute, or court order must be published in the Erie County Legal Journal.

The Erie County Legal Journal is hereby designated as the legal publication for the publication of all notices and matters that are required to be published by the Pennsylvania Rules of Civil Procedure, Statute, or Order of Court.

WARNINGCivil cases

If oral argument is granted, the court must notify each attorney of record and unrepresented parties by U.S. mail, fax, or personal delivery.

If granted, notice of argument shall be given by the Court to each attorney of record and unrepresented parties by United States mail, facsimile transmission, or personal delivery.

WARNINGCivil cases

The administrative agency must promptly notify all parties when the record is filed.

It shall be the duty ofthe administrative agency involved to promptly notify all parties of the filing of the record.

WARNINGCriminal cases

Service

Electronic service

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

Notification by the system to an attorney or defendant participating in the system shall satisfy the service requirements of Pa.R.Crim.P. 114(B) and 576(b).

INFOCriminal cases

Attorneys and self-represented parties unable or unwilling to e-file may 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.

INFOCivil cases

After the non-moving party's brief filing date passes, the court may schedule argument and give notice to all parties.

After the passage of the filing date of the brief of the non-moving party, the Court may schedule argument on the motion with notice to all parties.

INFOCivil cases

Notice is not required under this rule unless the court orders otherwise.

Unless otherwise ordered by the Court, notice is not required.

CRITICAL

A copy of the transcript request must be served on the District Court Administrator and all other individuals designated by Pa.R.J.A. 4007; service on the Administrator may be by hand delivery, email, or mail.

In order for the request to be processed, a copy of the request must be served on the District Court Administrator, as well as on all other individuals designated by Pa.R.J.A. 4007. For purposes of service on the District Court Administrator, the request may be hand delivered to 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.