New: a trial court in 1 of every 10 U.S. counties. Read the post
Court Rules

Court of Common Pleas of Fayette County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

48Hoursnotice
  • A defendant’s trial-continuance motion must be made to the assigned Plea Judge at least 48 hours before trial, except when the stated circumstances permit a later motion; the source text ends mid-exception.
Filters:

Document Format Requirements16 rules

FormattingMandatory

Filed documents must use letter-size white paper, double spacing, margins of at least one inch, clear and legible lettering, and one-sided pages, except exhibits, similar supporting documents, and paper books may be double-sided.

Line spacing
Double
Margins
At least 1 inch
Paper size
Letter

Formatting

  • Use good quality white paper

Court's wording

(1) All documents filed shall be on 8 ½ inch x 11inch paper and shall comply with the following requirements: (i) The document shall be prepared on good quality white paper. (ii) The text must be double spaced. Margins must be at least one inch on all four sides. (iii) The lettering shall be clear and legible and shall be on only one side of a page. Exhibits and similar supporting documents and paper books may be lettered on both sides of the page.

FormattingMandatory

Documents and papers must be firmly bound. Any metal fasteners or staples must be covered.

Binding
Securely bound
FormattingMandatory

No backers or top strips are permitted.

FormattingMandatory

(c) Exceptions shall be presented to the Court as a routine motion in accordance with Fayette County Rule 211 and assigned for argument.

FormattingMandatory

A notice of address or telephone-number change required as a condition of bail must be in writing.

Court's wording

I am hereby notified that, as a condition of bail, I am required to notify in writing the Clerk of Courts’ office, the District Attorney’s office, and my bondsman of any change of address and/or telephone number within forty-eight (48) hours after any change by mail or delivering in person said notice to each of the above (Pa. Rule of Criminal Procedure 117).

FormattingMandatory

An Omnibus motion requesting other kinds of pretrial relief must be in writing.

Court's wording

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

FormattingMandatory

A motion for pretrial Discovery and Inspection must be in writing.

Court's wording

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

FormattingMandatory

A Bill of Particulars request must be in writing.

Court's wording

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

FormattingMandatory

Filed documents must meet the specified paper, spacing, margin, legibility, page-sidedness, binding, and backing requirements.

Line spacing
Double
Margins
At least 1 inch
Paper size
Letter
Binding
Securely bound

Formatting

  • Lettering must be clear and legible
  • Backers and top strips are not permitted

Court's wording

All documents filed shall be on 8 ½ inch x 11 inch paper and shall comply with the following requirements: (1) The document shall be prepared on good quality white paper. (2) The text must be double spaced. Margins must be at least one inch on all four sides. (3) The lettering shall be clear and legible shall be on only one side of a page. Exhibits and similar supporting documents and paperbooks may be lettered on both sides of the page. (4) Documents and papers must be firmly bound. Any metal fasteners or staples must be covered. (5) No backers or top strips are permitted.

FormattingMandatory

Copies of the questionnaires must be complete and accurate and collated into numbered binders.

Court's wording

Complete and accurate copies of the original questionnaires (“copies”) shall be collated into numbered binders, which shall be available only to judges, attorneys for the Commonwealth and defendants’ attorneys.

FormattingMandatory

Confidential information filed in accordance with the Public Access Policy shall be on a standardized Confidential Information Form provided by the Administrative Office of Pennsylvania Courts.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 69
|SectionRule 102 — Public Access Policy: Case Records of the Trial Courts
FormattingImportant

The Confidential Position Paper must use the attached format unless the mediator or assigned judge modifies it.

Court's wording

At least ten (10) days prior to the Mediation, the parties and/or their attorneys shall be required to prepare and submit a Confidential Position Paper disclosed only to the mediator in the format attached or as modified by the mediator or the assigned judge.

FormattingImportant

The court reporter or transcriptionist shall abide by the format of transcripts and be paid transcript costs in accordance with Pennsylvania Rules of Judicial Administration Rules 4001 et seq.

FormattingImportant

All requests for transcripts shall be set forth on a standardized form provided by the Administrative Office of Pennsylvania Courts.

FormattingNote

The proponent may submit voluminous documentary exhibits digitally via a CD or USB flash drive as a PDF with a file name identifying the exhibit.

FormattingNote

The proponent may reduce oversized documentary exhibits to 8.5 x 11 inches paper, so long as the quality is not compromised, or may submit the exhibits digitally via a CD or USB flash drive as a PDF with a file name identifying the exhibit.

Document Filing Requirements101 rules

Filing RequirementsMandatory

The assigned Judge’s name shall be placed on all subsequent pleadings by counsel under the number and term of the case.

Document
Subsequent pleading

Must include

  • Judge name
Filing RequirementsMandatory

The party’s or counsel’s facsimile number and email address, along with the party’s or counsel’s address, phone number and counsel’s Supreme Court identification number, shall be listed on all civil case pleadings.

Filing RequirementsMandatory

If the court grants a Rule to Show Cause, its order must state the time requirements for the Respondent’s Answer and any depositions before argument and identify the argument date.

Court's wording

In the event that the Court grants the Rule to Show Cause, an order to that effect will be issued in accordance with Pa. R.C.P. 206.5, setting forth the time mandates for the Respondent’s Answer and any depositions required prior to argument. (A) Said order will also indicate the date set for argument on the matter.

Filing RequirementsMandatory

A petition for a Rule shall be presented to the assigned judge as a Priority Motion in accordance with FCR 208.3(a).

Filing RequirementsMandatory

Every motion and other application for court action must cite the authority for the requested relief on the Certificate of Presentation.

Document
Motion or other application
Placement
Certificate section

Court's wording

All motions and other applications for Court action must set forth a specific citation to relevant constitutional provisions, case law, statutory provisions or rules that provide the Court’s authority to grant the relief requested. Said citation shall be placed on the Certificate of Presentation, which form appears in FCR 208.3(a) (1)(vii).

Filing RequirementsMandatory

Any motion relating to discovery must contain a certification that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 17
|SectionRULE 208.2(e) — DISCOVERY MOTION CERTIFICATE
Filing RequirementsMandatory

All motions and other applications for Court action presented as uncontested require certification as such, if no joinder has been attached.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 17
|SectionRULE 208.2(d) — UNCONTESTED MOTION CERTIFICATE
Filing RequirementsMandatory

All motions filed and served pursuant to this rule shall include a Certificate of Service, signed by the party’s attorney, or the party if unrepresented, setting forth the date and manner of service (personal delivery, mail, facsimile), and the names, addresses and phone numbers of the persons served.

Document
Motion

Must include

  • Certificate of service
Filing RequirementsMandatory

All motions shall be accompanied by a Certificate of Presentation as set forth in FCR 208.3(a)(12).

Filing RequirementsMandatory

The motion materials delivered to the Court Administrator and parties must be assembled in the specified order.

Court's wording

An original proposed order, a copy of the Certificate of Presentation, Certificate of Service, and the motion, assembled in that order, shall be delivered to the Court Administrator and every other party of record.

Filing RequirementsMandatory

Motions and other applications must cite the legal authority for the requested relief, and the citation must appear on the Certificate of Presentation.

Court's wording

All motions and other applications for Court action must set forth a specific citation to relevant constitutional provisions, case law, statutory provisions or rules that provide the Court’s authority to grant the relief requested. Said citation shall be placed on a Certificate of Presentation.

Filing RequirementsMandatory

A Certificate of Presentation must substantially follow the provided form, including the moving party, presentation date and time, motion classification, relevant judge or ruling, authority citation, estimated hearing time, signature, and date.

Court's wording

The Certificate of Presentation shall be substantially in the following form: IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA : : : : : NO. ________OF________ CERTIFICATE OF PRESENTATION 1. The undersigned, ______________, represents ____________, the moving party herein. 2. The attached motion will be presented in Motions Court on __________, _______________, 20____ at 9:00 o’clock A.M. 3. The attached motion shall be classified as a Routine/Priority motion. (If the motion is Routine, parties or counsel are not required to be present in Motions Court. 4. Judge __________ has been assigned or has previously ruled on a matter relevant to this motion. (See attached relevant ruling.) 5. The SPECIFIC citation for the Court’s authority to grant the relief requested is _______________. 6. Estimated time for hearing or argument to resolve the motion on its merits:_____________. Respectfully submitted, _______________________ Date: _____________

Filing RequirementsMandatory

The moving party’s brief must include the questions involved, case history, and argument, with the specified docket entries, pleadings, and prior adjudications, decisions, or opinions appended.

Court's wording

The brief of the moving party shall contain a statement of the questions involved, a history of the case, and argument; and shall have appended to it a copy of the relevant docket entries, all pleadings or papers in the nature thereof upon which the particular application is based or that are necessary to a full understanding of the questions involved and any adjudication, decision, or opinion previously filed.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 20
|SectionRULE 210 — FORM AND CONTENT OF BRIEFS
Filing RequirementsMandatory

Brief arguments must be divided and headed by question, cite transcript pages when referring to evidence or the charge, and include a synopsis of all evidence with transcript citations when discussing a finding or refusal to find a fact.

Court's wording

The argument shall be divided into as many parts as there are questions to be argued, each part with a heading indicating the particular question discussed therein. If reference is made to the evidence or charge, the argument shall set forth in immediate connection therewith, or in a footnote thereto a reference to the page or pages of the transcript where the matter referred to appears. When a finding of fact or the refusal to find a fact is discussed, the argument shall contain a synopsis of all the evidence on the question, with a reference to the page or pages of the transcript where the evidence may be found.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 20
|SectionRULE 210 — FORM AND CONTENT OF BRIEFS
Filing RequirementsMandatory

At the close of discovery and upon the filing of a pre-trial statement by the moving party, the movant shall file a Certificate of Readiness for Pre-trial Conference.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 21
|SectionRULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE
Filing RequirementsMandatory

The Certificate of Readiness shall be substantially in the form which follows this rule

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 21
|SectionRULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE
Filing RequirementsMandatory

Pre-trial statements must include the required facts, legal issues and authorities, witness information, damages details, settlement status, and trial-time estimates; personal-injury claimants must also attach the specified medical-record authorization unless it was previously provided to all parties.

Court's wording

(b) The pre-trial statement shall contain: (1) A brief narrative statement of the essential facts upon which liability is asserted or denied. (2) The legal issues involved and legal authorities relied upon. (3) A list of the names and addresses of all witnesses the party expects to call, which witnesses shall be classified as liability or damage witnesses. (4) A specific description of damages. (i) Any party seeking to recover damages for personal injuries shall attach to their pre-trial statement, if not previously provided to all parties, a written authorization to inspect and make copies of the records and reports of any physician, hospital or clinic by whom or where said party may have been examined, treated, or hospitalized for the injuries or disabilities complained of, and covering prior injuries or disabilities where the same may be relevant. (ii) A list of the damages that the party intends to claim and prove at trial. (5) The settlement status of the case. (6) A realistic estimate of the trial time required for presentation of their case, as well as total trial time required.

Filing RequirementsMandatory

Pre-trial statements must include specified reports of physicians expected to testify; if a report is not timely produced, the physician’s testimony is excluded unless all parties consent or the Court expressly orders otherwise.

Court's wording

(7) There shall be attached to the pre-trial statement: (i) A copy of all reports containing findings or conclusions of any physician who has treated or examined the party or has been consulted in connection with any injuries complained of and whom the party expects to call as a witness at the trial of the case. If timely production of any report is not made, the testimony of such physician shall be excluded at the trial except upon consent of all parties or upon express order of the Court.

Filing RequirementsMandatory

Pre-trial statements must include specified reports of experts expected to testify; if a report is not timely produced, the expert’s testimony is excluded unless all parties consent or the Court expressly orders otherwise.

Court's wording

(ii) A copy of all reports containing findings or conclusions of any expert who has been consulted in connection with the matters involved in the case and whom the party expects to call as a witness at the trial of the case. If timely production of any report is not made, the testimony of such expert shall be excluded at the trial except upon consent of all parties or upon express order of Court.

Filing RequirementsMandatory

At least ten (10) days prior to the Mediation, the parties and/or their attorneys shall be required to prepare and submit a Confidential Position Paper disclosed only to the mediator in the format attached or as modified by the mediator or the assigned judge.

Filing RequirementsMandatory

If the mediator determines that no settlement is likely to result from the mediation session, the mediator shall terminate the session and promptly thereafter file a report with the assigned Judge stating that there has been compliance with the requirements of mediation in accordance with the local rules, but that no settlement has been reached.

Filing RequirementsMandatory

In the event that a settlement is achieved at the mediation session, the mediator shall file a report with the assigned Judge stating that a settlement has been achieved. The order of referral may direct the mediator to file the report in a specific form.

Filing RequirementsMandatory

Before mediation begins, all parties and their attorneys must sign the court-developed form agreeing to the mediation terms and waiving the specified professional-liability claims arising from participation.

Court's wording

Prior to the beginning of the mediation, all parties and their attorneys shall be required to sign a form developed by the Court wherein the parties agree: (i) to the terms of the mediation; and (ii) to waive any professional liability claims that they might assert against the mediator, the assigned Judge, the Court of Common Pleas of the 14th Judicial District, or Fayette County, as a result of their participation in the mediation process.

Filing RequirementsMandatory

The written request shall set forth all considerations that support the request and shall indicate whether the other party or parties join in or object to the request. A proposed order prepared for the signature of the Judge shall be submitted to the mediator with the request.

Document
Request to be excused from mediation attendance

Must include

  • Proposed order
Filing RequirementsMandatory

If the case has not settled, the mediation report must include the parties’ final settlement positions and the mediator’s specified assessments and recommendations.

Court's wording

If not, the mediation report shall set forth the following: (1) plaintiff’s final settlement demand; (2) defendant’s final settlement offer; (3) Mediator’s assessment of liability; (4) Mediator’s assessment of damages; (5) Mediator’s opinion regarding potential range of verdict and settlement value of case; and (6) Mediator’s recommendation regarding settlement of case.

Filing RequirementsMandatory

Notices accompanying complaints and notices of praecipe for entry of default judgment must name the specified Pennsylvania Lawyer Referral Service and include its stated contact information.

Court's wording

The organization and agency to be named in the notices accompanying complaints and in the notice of praecipe for entry of default judgment filed in the Court of Common Pleas of Fayette County, shall be: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P. O. Box 186 Harrisburg, PA 17108 Telephone: 1-800-692-7375

Filing RequirementsMandatory

Every subpoena duces tecum shall describe specifically the books, papers or tangible things desired to be produced

Filing RequirementsMandatory

No subpoena duces tecum for public records or papers shall be issued except by special order of the Court.

Filing RequirementsMandatory

Preliminary objections presented in Motions Court under this procedure must be accompanied by a proposed order.

Document
Preliminary objections

Must include

  • Proposed order

Court's wording

In the event an amended pleading is not timely filed by the non-moving party, the preliminary objections shall be presented in Motions Court pursuant to FCR 208.3(a) within forty (40) days of the filing of the preliminary objections, accompanied by a proposed Order.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 34
|SectionRULE 1028(c) — PRELIMINARY OBJECTIONS
Filing RequirementsMandatory

A certificate of service shall be filed with the Prothonotary

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 34
|SectionRULE 1028(c) — PRELIMINARY OBJECTIONS
Filing RequirementsMandatory

Otherwise, the preliminary objections shall be presented by the moving party as a routine Motion accompanied by a proposed Order.

Document
Motion

Must include

  • Proposed order
Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 34
|SectionRULE 1028(c) — PRELIMINARY OBJECTIONS
Filing RequirementsMandatory

A motion for judgment on the pleadings must be accompanied by a proposed order for setting the argument date and time.

Document
Motion

Must include

  • Proposed order

Court's wording

A Motion for Judgment on the Pleadings shall be presented in Motions Court as a Routine Motion within ten (10) days after the date on which a response is due from the non-moving party, accompanied by a proposed order for the Court’s use in setting the date and time for argument.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 35
|SectionRULE 1034(a) — JUDGMENT ON THE PLEADINGS
Filing RequirementsMandatory

A motion for summary judgment must be accompanied by a proposed order for setting the argument date and time.

Document
Motion

Must include

  • Proposed order

Court's wording

A Motion for Summary Judgment shall be presented in Motions Court as a Routine Motion within ten (10) days after a response is due from the non- moving party, accompanied by a proposed order for the Court’s use in setting the date and time for argument.

Filing RequirementsMandatory

The Prothonotary shall provide the plaintiff with a copy of the petition, verified statement and emergency order and advise the plaintiff to present same to the assigned PFA Judge for ex parte proceedings as provided for in 1901.1-2(b).

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 43
|SectionEMERGENCY RELIEF BY THE MINOR JUDICIARY
Filing RequirementsMandatory

If the petition does not already set out the abuse, the plaintiff must complete a verified statement form describing the defendant’s abuse.

Court's wording

The Prothonotary shall provide the plaintiff with a verified statement form which must be completed by the plaintiff setting forth the abuse by the defendant, if the abuse has not already been set forth in the Petition for Emergency Order.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 43
|SectionEMERGENCY RELIEF BY THE MINOR JUDICIARY
Filing RequirementsMandatory

The plaintiff must obtain the certified record and file that record with the Prothonotary.

Court's wording

The Magisterial District Judge shall advise the plaintiff that the plaintiff is responsible for obtaining the certified record from the Magisterial District Judge and for filing the certified record with the Prothonotary on the next business day of Court.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 43
|SectionEMERGENCY RELIEF BY THE MINOR JUDICIARY
Filing RequirementsMandatory

The Magisterial District Judge shall certify the emergency order issued and the petition to the Court.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 43
|SectionEMERGENCY RELIEF BY THE MINOR JUDICIARY
Filing RequirementsMandatory

Immediately following the preliminary arraignment, the District Justice shall provide the arresting officer and the defendant with written notice of the time and date for hearing on the charge. The written notice shall be signed by each.

Filing RequirementsMandatory

Before the scheduled hearing, the District Justice must cause the listed completed forms to be delivered to the Clerk of Courts, subject to the stated conditions for certain forms.

Court's wording

The District Justice shall cause the following completed forms to be delivered to the Clerk of Courts prior to the scheduled hearing. (1) Criminal complaint; (2) Probable cause affidavit, if any; (3) Warrant of arrest, if any; (4) Certificate of bail, if required, and discharge of commitment; and (5) Receipts for notice of hearing.

Filing RequirementsMandatory

(a) A private criminal complaint shall be filed with the District Justice in the district where the alleged abuse occurred, or if unavailable, with the court ordered Duty District Justice.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 45
|Section1901.1-6 PRIVATE CRIMINAL COMPLAINT FOR VIOLATION OF ORDER OR AGREEMENT
Filing RequirementsMandatory

(f) Where the police officer has been unsuccessful in his attempts to locate the defendant, the officer shall file a criminal complaint and affidavit of probable cause with the District Justice where the alleged violation occurred, or if unavailable, with the court ordered Duty District Justice who shall issue a warrant of arrest for the defendant.

Filing RequirementsMandatory

An out-of-county or out-of-state PFA order is enforced like a Fayette County order only if properly recorded in the Pennsylvania State Police Registry or, until that registry is established, properly registered with the Fayette County Prothonotary.

Court's wording

(a) A PFA order issued by a District Justice or Court in another judicial district within the Commonwealth or PFA order issued by a comparable court in another state shall be enforced in the same manner as a PFA order entered by a Fayette County Court provided, however, that such order has been properly recorded in the Registry of the Pennsylvania State Police, or until a Pennsylvania State Police Registry has been established, has been properly registered with the Prothonotary of Fayette County.

Filing RequirementsMandatory

(b) A petition for civil contempt shall be presented to the court as a routine motion in accordance with Fayette County Rule 211 and assigned to the issuing judge who will schedule a hearing on the petition.

Filing RequirementsMandatory

After registration, the plaintiff must file the copy bearing proof of registration with the appropriate law enforcement agency.

Court's wording

(2) Upon receiving a certified order for registration and upon completion of filing and registration, the Prothonotary shall provide the plaintiff with a copy bearing proof of registration, which copy shall then be filed by the plaintiff with the appropriate law enforcement agency.

Filing RequirementsMandatory

Attorneys and pro se litigants shall adhere to the custody instructions and shall specifically use the forms which accompany those instructions that are available in the Fayette County Law Library or on the website at www.co.fayette.pa.us/ChildCustody.

Filing RequirementsMandatory

A party requesting child custody mediation must file the Request to Schedule Child Custody Mediation form with the Prothonotary.

Court's wording

A party who is requesting a child custody mediation conference must file, after filing an appropriate complaint/petition, with the Prothonotary a “Request to Schedule Child Custody Mediation” form, along with the $100.00 filing fee, in accordance with F.C.R. 1915.3.

Filing RequirementsMandatory

(a) A party filing exceptions shall request and cause to be filed any transcript required and make any necessary payment or deposit therefore.

Filing RequirementsMandatory

Attorneys and self-represented litigants seeking to proceed in forma pauperis must follow the instructions and use the accompanying form.

Court's wording

Attorneys and pro se litigants shall adhere to the instructions and shall specifically use the form which accompanies the instructions to proceed in forma pauperis that are available in the Fayette County Law Library or on the website at www.co.fayette.pa.us/CourtAdmin.

Filing RequirementsMandatory

For a qualifying custody-related filing, the moving party must file a Request to Schedule Child Custody Mediation.

Court's wording

Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed- upon Order disposing of the issues, the moving party shall file and serve a Request to Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of One Hundred ($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in accordance with Pa.R.C.P. §240.

Filing RequirementsMandatory

(a) The moving party shall file a Motion for Appointment of Master and deposit the sum of $750.00 for the master’s services with the Prothonotary prior to the time that a master is appointed.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 50
|SectionRULE 1920.51(a) — APPOINTMENT OF MASTER, MASTER'S FEE, TRANSCRIPT COSTS
Filing RequirementsMandatory

To receive compensation, the master must file the listed report or settlement materials, applicable proposed order or divorce decree, and a detailed invoice.

Document
Master compensation submission

Must include

  • Proposed order

Court's wording

(e) To receive compensation, the master shall file: (1) the report and recommendation or a marital settlement agreement with a statement that the matter has settled; (2) a proposed order for equitable distribution, if warranted; (3) a decree for divorce, if divorce is recommended; and (4) an invoice for services detailing the date and time expended in quarter-hour increments.

Pa Fayette Common Pleas:72c0b21d758a373fbea5821d · Mar 2026 · p. 50
|SectionRULE 1920.51(a) — APPOINTMENT OF MASTER, MASTER'S FEE, TRANSCRIPT COSTS
Filing RequirementsMandatory

Should the master’s services exceed the deposit, the master shall petition the Court by routine motion for additional compensation for actual time worked detailing the date and time expended in quarter-hour increments.

Filing RequirementsMandatory

If the master requires a transcript to aid in the preparation of the report, the master shall file of record in the Prothonotary a notice within five (5) business days from the date of hearing which identifies the assigned court reporter or transcriptionist and the dates of testimony requested.

Filing RequirementsMandatory

and it shall be accompanied by a certificate of the attending physician setting forth the extent of the injury, the treatment given, and the prognosis for the injured party .

Filing & Service rules

Filing Timing and Cure Windows

The moving party must file the original motion, Certificate of Presentation, and attachments in the appropriate office before presenting the motion in Motions Court.

The moving party shall file the original motion, Certificate of Presentation, and any attachments in the appropriate office before presentment in Motions Court.

Page 18 | RULE 208.3(a)(8)

Except in compulsory arbitration cases, the parties must complete discovery within 240 days after the complaint is filed; discovery afterward requires a court order upon good cause shown.

Except in those cases involving compulsory arbitration, there shall be 240 days from the filing of the complaint in which the parties shall complete discovery. Discovery will not be permitted after the 240 day period except by order of Court upon good cause shown.

Page 21 | RULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE

When an arbitration award is appealed, the parties must complete discovery within 60 days after the appeal is filed.

If there is an appeal of the award of arbitrators, this rule shall apply, except that there shall be 60 days from the filing of the appeal in which the parties shall complete discovery.

Page 21 | RULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE

A party must file an objection to a Certificate of Readiness within 20 days of its filing; otherwise, all parties are deemed to agree with its statements.

If a party objects to the Certificate of Readiness as filed by any party, the objecting party is required to file the objection within 20 days; otherwise, all parties will be deemed to be in agreement with the statement contained in the Certificate of Readiness.

Page 21 | RULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE

A deposition taken solely for presentation at trial must be completed before trial, and its transcript must be submitted to the Court at least five days before trial or objections are deemed waived.

Any such deposition shall be completed prior to trial and a transcript of the deposition shall be submitted to the Court at least five (5) days prior to trial or all objections will be deemed waived.

Page 22 | CERTIFICATE OF READINESS

An objection to a Certificate of Readiness must be presented forthwith as a priority motion to the assigned judge.

Objections to the Certificate of Readiness shall be presented forthwith as a priority motion to the Judge to whom the case is assigned.

Page 22 | RULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE

All other parties must file pre-trial statements with the Prothonotary within 20 days after the original defendants file theirs.

(3) All other parties, within twenty (20) days of the filing of original defendants’ pre-trial statements, shall file their pre-trial statements with the Prothonotary.

Page 23 | RULE 212.2 PRE-TRIAL STATEMENTS

Original defendants must file pre-trial statements with the Prothonotary within 20 days after the plaintiffs file theirs.

(2) All original defendants, within twenty (20) days of the filing of the plaintiff’s pre-trial statements, shall file their pre-trial statements with the Prothonotary.

Page 23 | RULE 212.2 PRE-TRIAL STATEMENTS

Plaintiffs must file pre-trial statements with the Prothonotary within 20 days after the 240-day period or its extension.

(1) All plaintiffs, within twenty (20) days after the 240 day period, or the extension thereof, shall file their pre-trial statements with the Prothonotary.

Page 23 | RULE 212.2 PRE-TRIAL STATEMENTS

A request to be excused from in-person mediation attendance must be submitted to the mediator at least 10 days before mediation.

A person seeking to be excused must submit, no fewer than ten (10) days before the date set for the mediation, a written request to the mediator, simultaneously copying all counsel.

Page 29

The mediator must send the assigned judge a report stating whether the case settled within 15 days of mediation.

Within fifteen (15) days of the mediation, the mediator shall send to the assigned judge a mediation report which shall advise that court whether the case has settled.

Page 29

If the non-moving party does not timely file an amended pleading, the preliminary objections must be presented in Motions Court within 40 days after filing, accompanied by a proposed order.

In the event an amended pleading is not timely filed by the non-moving party, the preliminary objections shall be presented in Motions Court pursuant to FCR 208.3(a) within forty (40) days of the filing of the preliminary objections, accompanied by a proposed Order.

Page 34 | RULE 1028(c) — PRELIMINARY OBJECTIONS

If preliminary objections properly raise an issue of fact under the cited rules, the non-moving party must respond within 20 days after service of the objections.

In the event the preliminary objections properly raise an issue of fact under Pa.R.C.P. 1017(a)(4) and Pa.R.C.P. 1028(c)(2) then the non-moving party shall file its response within twenty (20) days after service of the preliminary objections.

Page 34 | RULE 1028(c) — PRELIMINARY OBJECTIONS

Preliminary objections must be filed within 20 days after service of the challenged pleading.

Any party to any proceeding may file preliminary objections to any pleading pursuant to PA.R.C.P. 1028(a). Such preliminary objections must be filed within twenty (20) days of the service of the pleading to which the moving party is objecting.

Page 34 | RULE 1028(c) — PRELIMINARY OBJECTIONS

A motion for judgment on the pleadings must be presented in Motions Court as a Routine Motion within ten days after the non-moving party’s response is due.

A Motion for Judgment on the Pleadings shall be presented in Motions Court as a Routine Motion within ten (10) days after the date on which a response is due from the non-moving party, accompanied by a proposed order for the Court’s use in setting the date and time for argument.

Page 35 | RULE 1034(a) — JUDGMENT ON THE PLEADINGS

A motion for summary judgment must be presented in Motions Court as a Routine Motion within ten days after a response is due from the non-moving party.

A Motion for Summary Judgment shall be presented in Motions Court as a Routine Motion within ten (10) days after a response is due from the non- moving party, accompanied by a proposed order for the Court’s use in setting the date and time for argument.

Page 35 | RULE 1035.2(a) — SUMMARY JUDGMENT

A response to a motion for judgment on the pleadings must be filed within 20 days after service of the motion.

A response to the motion shall be filed within 20 days after service of the same.

Page 35 | RULE 1034(a) — JUDGMENT ON THE PLEADINGS

The arbitration board must file its award with the Prothonotary by noon of the next business day after the hearing concludes.

Each board of arbitration shall file its award in each case with the Prothonotary not later than noon of the next business day after the hearing is concluded.

Page 39 | Arbitration

A PFA petition seeking temporary relief based on immediate and present danger must be presented directly to the assigned PFA Judge on a business day between 8:30 A.M. and 3:00 P.M.

If the petition seeks temporary relief for protection from abuse and alleges immediate and present danger of abuse to the plaintiff and/or minor children, the same shall be presented directly to the assigned PFA Judge on any business day from 8:30 A.M. through 3:00 P.M.;

Page 42 | COMMENCEMENT IN COURT

During the specified periods or when the assigned PFA Judge is unavailable, an emergency PFA petition must be filed with the Magisterial District Judge for the plaintiff’s district or, if unavailable, the court-ordered Duty Magisterial District Judge.

From 3:00 P.M. each day to the resumption of business at 8:30 A.M. the next morning; from 3:00 P.M. of the last day of the business week to 8:30 A.M. of the first day of the next business week; during any holiday; and at any other time that the assigned PFA Judge is declared to be unavailable, a Petition for Protection from Abuse seeking ex parte emergency relief based upon an allegation of immediate and present danger of abuse to the plaintiff and/or minor children shall be filed with the Magisterial District Judge in the district where the plaintiff lives or, when unavailable, with the court ordered Duty Magisterial District Judge, who may grant relief in accordance with the Act.

Page 43 | EMERGENCY RELIEF BY THE MINOR JUDICIARY

The plaintiff is responsible for obtaining the certified record and filing it with the Prothonotary on the next business day of Court.

The Magisterial District Judge shall advise the plaintiff that the plaintiff is responsible for obtaining the certified record from the Magisterial District Judge and for filing the certified record with the Prothonotary on the next business day of Court.

Page 43 | EMERGENCY RELIEF BY THE MINOR JUDICIARY

When a defendant is arrested without a warrant for a PFA violation, the criminal complaint must be filed before the preliminary arraignment.

(e) When the defendant has been arrested without a warrant for a PFA violation, a criminal complaint shall be filed against the defendant prior to the preliminary arraignment.

Page 45

The request for child custody mediation must be filed after an appropriate complaint or petition is filed.

A party who is requesting a child custody mediation conference must file, after filing an appropriate complaint/petition, with the Prothonotary a “Request to Schedule Child Custody Mediation” form, along with the $100.00 filing fee, in accordance with F.C.R. 1915.3.

Page 48 | RULE 1915.2 PROCEDURE

A petition for additional compensation does not extend the master’s report-filing deadline.

A petition for additional compensation shall not toll the deadline for the master to file the report.

Page 51

Additional hearings must conclude within 30 days of the initial hearing date unless the parties file written consent to an extension or the Court orders one.

Additional hearings before a master shall be concluded within thirty (30) days of the initial date of hearing unless the time is extended by written consent of the parties filed of record in the Prothonotary or by Court Order.

Page 51 | RULE 1920.51(b)

The master must promptly file notice of all hearing dates and continuances with the Prothonotary.

The master shall promptly file notice of all hearing dates and continuances with the Prothonotary.

Page 51 | RULE 1920.51(b)

The deadline for filing a master’s report may be extended only by Court order.

The timeframe for filing a master’s report may be extended only by Court Order.

Page 52 | RULE 1920.55-2

When a transcript is needed to prepare the report, the master must file the required notice within five business days after the hearing.

If the master requires a transcript to aid in the preparation of the report, the master shall file of record in the Prothonotary a notice within five (5) business days from the date of hearing which identifies the assigned court reporter or transcriptionist and the dates of testimony requested.

Page 52 | RULE 1920.55-2

In a contested action, the master must file the record and report within 30 days after the later of receiving the transcript or closing the record.

After conclusion of the hearing, the master shall file the record and the report within (i) twenty days in uncontested actions or (ii) thirty days from the last to occur of the receipt of the transcript by the master or close of the record in contested actions;

Page 52 | RULE 1920.55-2

The court reporter or transcriptionist must deliver transcripts to the master within 30 days of the hearing.

The court reporter or transcriptionist shall deliver transcripts to the master within thirty (30) days of the hearing.

Page 52 | RULE 1920.55-2

In an uncontested action, the master must file the record and report within 20 days after the hearing concludes.

After conclusion of the hearing, the master shall file the record and the report within (i) twenty days in uncontested actions

Page 52 | RULE 1920.55-2

A written Bill of Particulars request must be filed within seven days following the arraignment date.

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

Page 62 | Rule 571 (Arraignment)

A written motion for pretrial Discovery and Inspection must be filed within fourteen days after the arraignment date.

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

Page 62 | Rule 571 (Arraignment)

A written Omnibus motion requesting other kinds of pretrial relief must be filed within thirty days after the arraignment date.

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

Page 62 | Rule 571 (Arraignment)

Before presenting a motion in Motions Court, the moving party must file the original motion, Certificate of Presentation, and any attachments with the appropriate filing office.

The moving party shall file the original motion, Certificate of Presentation, and any attachments in the appropriate filing office before presentment in Motions Court.

Page 64 | RULE 575 — MOTIONS COURT PROCEDURE

A civil case may be dismissed with prejudice unless action is taken or a statement of intention to proceed is docketed within 60 days after notice or publication.

If no action is taken or no statement of intention to proceed is docketed within sixty (60) days of the notice or of the publication, the Prothonotary shall administratively enter an order as of course dismissing the civil case with prejudice for failure to prosecute.

Page 71 | Rule 1901(a)(3)

Unless the court directs otherwise, the custodian must file the specified exhibits and photographs within five business days after the proceeding concludes.

The custodian shall file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the records office within five business days of the conclusion of the court proceeding unless otherwise directed by the court.

Page 76 | After Court Proceedings — Custodian Responsibilities

The proponent must provide the required photograph within five business days after the proceeding concludes if the exhibits were not submitted during the proceedings.

If not submitted during the court proceedings, the proponent shall provide to the custodian a photograph (no larger in size than 8.5 x 11 inches) of the non-documentary exhibits in lieu of the non-documentary exhibit, within five business days of the conclusion of the court proceeding.

Page 76 | After Court Proceedings — Proponent Responsibilities

The defendant must commence Foreclosure Mitigation Counseling within 20 days after being served with the mortgage foreclosure complaint.

The defendant must commence FMC with Southwestern Pennsylvania Legal Services, Inc., within twenty (20) days of being served with a Complaint in Mortgage Foreclosure.

Page 79 | Mortgage Foreclosure Program

To seek a 90-day stay, the defendant must commence counseling within 20 days after service of the complaint and notice and make an application for the stay.

You are notified that you may seek a 90-day stay in this mortgage foreclosure proceeding if you commence Foreclosure Mitigation Counseling with Southwestern Pennsylvania Legal Services, Inc., within 20 days of being served with the complaint in this action and this notice, and make application for this stay.

Page 80 | Mortgage Foreclosure Diversion Program Notice

An unreasonable or oppressive subpoena may be challenged by application to the Court before its compliance date.

if unreasonable or oppressive, may be quashed on application to the Court at any time before the date specified in the subpoena for compliance therewith.

Page 33 | RULE 234 — SUBPOENAS DUCES TECUM

The Prothonotary must forward a copy of the appeal to the assigned judge within fifteen days.

The Prothonotary, within fifteen (15) days, shall forward a copy of the appeal to the judge assigned to that case.

Page 39 | Rule 1308 — Compulsory Arbitration: Appeals

A master who fails to file the report timely may forfeit the fee or face contempt proceedings.

(f) Failure of the master to timely file the report may result in a forfeiture of the master’s fee or contempt proceedings.

Page 53

Service and Proof of Service Rules

The petitioner must notify all parties of the order’s entry within seven business days after entry.

The Petitioner for the Rule must provide notice of the entry of this order to all parties within seven (7) business days of the entry thereof.

Page 16 | RULE 206.4(c)

The specified motion papers must be delivered in the stated order to the Court Administrator and every party of record at least two business days before presentation, unless emergency circumstances stated in the motion require a shorter period.

An original proposed order, a copy of the Certificate of Presentation, Certificate of Service, and the motion, assembled in that order, shall be delivered to the Court Administrator and every other party of record. Such copies and notice shall be given so as to be received at least two (2) business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

Page 18 | RULE 208.3(a)(8)

A Certificate of Service must document service of motions and identify the persons served and the manner and date of service.

All motions filed and served pursuant to this rule shall include a Certificate of Service, signed by the party’s attorney, or the party if unrepresented, setting forth the date and manner of service (personal delivery, mail, facsimile), and the names, addresses and phone numbers of the persons served.

Page 18 | RULE 208.3(a)(5)

The Certificate of Readiness must be served on all parties with written notice.

The Certificate of Readiness shall be substantially in the form which follows this rule and shall be served with written notice to all parties.

Page 21 | RULE 212.1 — PRE-TRIAL PROCEDURE; CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE

The filer must serve a time-stamped copy of the Certificate of Readiness on all counsel and any unrepresented party immediately after filing.

I further certify that immediately after filing, I will serve a time-stamped copy of this certificate upon all counsel, and/or any unrepresented party.

Page 22 | CERTIFICATE OF READINESS

The excusal request must simultaneously be copied to all counsel.

A person seeking to be excused must submit, no fewer than ten (10) days before the date set for the mediation, a written request to the mediator, simultaneously copying all counsel.

Page 29

The mediator must provide a copy of the mediation report to all parties and the Court Administrator.

The mediator shall provide all parties and the Court Administrator with a copy of the mediation report.

Page 30

Legal advertisements and notices required by statute, rule, or special court order must be published in the Fayette Legal Journal.

The Fayette Legal Journal shall be the legal periodical for the publication of all legal advertisements and notices required by statute, rule or special order of Court.

Page 33 | RULE 430(b) — DESIGNATION OF LEGAL PERIODICAL

Briefs must be served on all other parties and the assigned Judge; a certificate of service must be filed with the Prothonotary, but the brief itself must not be filed of record.

All briefs shall be served on all other parties to the case and on the assigned Judge. A certificate of service shall be filed with the Prothonotary but the brief itself shall not be filed of record.

Page 34 | RULE 1028(c) — PRELIMINARY OBJECTIONS

Responding parties must serve their briefs on all other parties and the assigned Judge within 15 days after service of the moving party’s brief.

the briefs of all responding parties shall be served on all other parties and the assigned Judge within fifteen (15) days after service of the moving party’s brief.

Page 35 | RULE 1034(a)(1)(i)

A certificate of service must be filed with the Prothonotary, but the brief itself need not be filed.

A certificate of service shall be filed with the Prothonotary, the brief itself need not be filed.

Page 35 | RULE 1034(a)(1)(i)

The moving party must serve its brief on all parties and the assigned Judge within 15 days after presenting the motion.

the brief of the moving party shall be served on all parties and the assigned Judge within fifteen (15) days from the presentation of the motion pursuant to FCR 208.3(a)

Page 35 | RULE 1034(a)(1)(i)

When the report is prepared, the master must give interested persons or their attorneys at least ten days’ notice of the date the report and proposed decree will be filed, following Pa. R.C.P. No. 440.

When the master's report is prepared the master shall, in the manner provided by Pa. R.C.P. No.440, give all persons in interest or their attorneys at least ten (10) days notice of the date on which the master's report and proposed decree are to be filed.

Page 40 | Rule 1569 — Notice of Filing Master's Report in Partition

If the real estate lies in multiple counties, the first publication must occur at least sixty days before the sale.

If the real estate lies in different counties, the first publication shall be made at least sixty (60) days before the date of sale.

Page 40 | Rule 1568 — Notice of Public Sale in Partition

The master must give all parties or their attorneys at least ten days’ notice of the time and place of the hearing, following Pa.R.C.P. No. 440.

The master shall give all parties or their attorneys at least ten (10) days notice of the time and place of the master's hearing, in the manner provided by Pa.R.C.P. No. 440.

Page 40 | Rule 1559 — Notice of Master's Hearing in Partition

Notice of a public auction sale must be published weekly for three consecutive weeks in a county-circulation daily newspaper and The Fayette Legal Journal.

The master shall give notice of the time, place, and terms of a sale of real estate at public auction, not confined to the parties, by publication once each week for three consecutive weeks in one daily newspaper of general circulation within the county and in The Fayette Legal Journal, by posting the premises to be sold, and by the circulation of at least fifty (50) printed handbills among persons who may be known to be interested in buying the property and among persons residing in the neighborhood in which it is located.

Page 40 | Rule 1568 — Notice of Public Sale in Partition

After a public sale, the master must give persons in interest or their attorneys at least 10 days' notice of the filing date for the return of sale and proposed decree.

When the master has conducted a public sale the master shall, in the manner provided by Pa.R.C.P. No.440, give all persons in interest or their attorneys at least ten (10) days' notice of the date on which the return of sale and proposed decree are to be filed.

Page 41 | RULE 1573 — NOTICE OF FILING RETURN OF SALE IN PARTITION

If the plaintiff avers that an adult other than a law enforcement officer cannot safely effect service, the Sheriff of Fayette County must serve the petition and order on the defendant and advise the Court that service was completed and of its cost.

Where the plaintiff avers that service cannot be safely effectuated by an adult individual other than a law enforcement officer, the Sheriff of Fayette County shall serve the petition and order on the defendant. The Sheriff shall advise the Court that service has been effectuated as well as the cost therefor.

Page 44 | SERVICE OF PETITION AND ORDER

The plaintiff must promptly ensure that the petition and order are served on the defendant.

The plaintiff shall ensure that the petition and order are promptly served upon the defendant

Page 44 | SERVICE OF PETITION AND ORDER

The order must be served on the police department with jurisdiction to enforce it.

the order is served upon the police department with appropriate jurisdiction to enforce the order.

Page 44 | SERVICE OF PETITION AND ORDER

If the plaintiff avers that an adult other than a law enforcement officer cannot safely serve an emergency order, the issuing District Justice must arrange for a constable to serve it at the county’s initial expense, and the constable must file a return of service and the cost.

Where the plaintiff avers that service of an emergency order cannot be safely effectuated by an adult individual other than a law enforcement officer, the District Justice issuing the order shall have the same served by a constable at the initial expense of the county. The constable shall file a return of service as well as the cost therefor.

Page 44 | SERVICE OF PETITION AND ORDER

The District Justice must serve the defendant with the private complaint and hearing notice by certified mail, return receipt requested.

(iv) The District Justice shall serve a copy of the private complaint and notice of hearing on the defendant by certified mail return receipt requested.

Page 45 | 1901.1-6 PRIVATE CRIMINAL COMPLAINT FOR VIOLATION OF ORDER OR AGREEMENT

The requesting party must serve the Administrative Office of Fayette County Courts with a copy of the mediation request and the filing-fee receipt.

The requesting party must also serve on the Administrative Office of Fayette County Courts a copy of the Request for Child Custody Mediation Conference, along with a copy of the receipt for the filing fee.

Page 48 | RULE 1915.2 PROCEDURE

For a qualifying custody-related filing, the moving party must serve the Request to Schedule Child Custody Mediation.

Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed- upon Order disposing of the issues, the moving party shall file and serve a Request to Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of One Hundred ($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in accordance with Pa.R.C.P. §240.

Page 49 | RULE 1915.3 — FEES AND COSTS

The master must give attorneys of record and unrepresented parties written notice of each hearing’s time and place at least ten days in advance.

The master shall establish a hearing date and give at least ten (10) days written notice of the time and place of all hearings to attorneys of record and unrepresented parties in accordance with Pennsylvania Rules of Civil Procedure Rule 1920.51(b).

Page 51 | RULE 1920.51(b)

After filing the report, the master must immediately serve each party’s counsel—or an unrepresented party—with the report and recommendation and written notice of the right to file exceptions.

After conclusion of the hearing, the master shall file the record and the report within (i) twenty days in uncontested actions or (ii) thirty days from the last to occur of the receipt of the transcript by the master or close of the record in contested actions; and immediately serve upon counsel for each party, or, if unrepresented, upon the party, a copy of the report and recommendation and written notice of the right to file exceptions.

Page 52 | RULE 1920.55-2

On motion and twenty-four (24) hours' notice to the plaintiff or the plaintiff's attorney, a defendant may have leave to pay into Court the amount of money he admits to be due, together with the costs accrued.

On motion and twenty-four (24) hours' notice to the plaintiff or the plaintiff's attorney, a defendant may have leave to pay into Court the amount of money he admits to be due, together with the costs accrued.

Page 54 | RULE 2307(a)

The Fayette County Court Administrator is responsible for serving Court notices on each party’s attorney or, if unrepresented, on the party.

The Court, by and through the President Judge, hereby designates the Court Administrator of Fayette County as the entity responsible for service of all Court notices on each party’s attorney, or the party if unrepresented.

Page 57 | RULE 114.1

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

Page 62 | Rule 571 (Arraignment)

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

Page 62 | Rule 571 (Arraignment)

As a condition of bail, a written address or telephone-number change notice must be mailed or delivered in person to the Clerk of Courts, District Attorney, and bondsman within forty-eight hours after the change.

I am hereby notified that, as a condition of bail, I am required to notify in writing the Clerk of Courts’ office, the District Attorney’s office, and my bondsman of any change of address and/or telephone number within forty-eight (48) hours after any change by mail or delivering in person said notice to each of the above (Pa. Rule of Criminal Procedure 117).

Page 62 | Rule 571 (Arraignment)

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

Page 62 | Rule 571 (Arraignment)

Required-to-be-filed motions and documents must be served on each party and the Court Administrator at least two business days before Motions Court presentation, unless the motion specifies emergency circumstances requiring a shorter period.

Pursuant to Pa.R.Crim.P. 576(B)(1), all motions and other documents for which filing is required shall be served on each party and the Court Administrator so as to be received at least two (2) business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

Page 64 | RULE 575 — MOTIONS COURT PROCEDURE

The Clerk of Courts must notify the prosecutor and defendant in person or by regular mail at least 30 days before the criminal trial list is called.

Notice of the proposed dismissal of each case shall be given by the Clerk of Courts to the prosecutor and the defendant in person or by regular mail at least thirty (30) days before the date on which the list is to be called.

Page 71 | Rule 1901(b)(2)

For dormant civil cases, the Prothonotary must notify counsel and pro se litigants in person or by regular mail, with publication permitted if notice cannot be delivered or is returned undelivered.

The Prothonotary shall provide notice of the proposed dismissal of each civil case that has been dormant for more than two (2) years to all counsel of record and to any pro se litigants in person or by regular mail at the last address of record and shall set forth a brief identification of the case to be terminated. If such notice cannot be given or has been returned undelivered, notice may be given by publication once in the Fayette Legal Journal by stating the caption of each case, the names of the attorneys of record or pro se litigants, and the requirements of filing a statement of intention to proceed.

Page 71 | Rule 1901(a)(2)

The plaintiff must serve the program notice on the defendant together with the complaint, in accordance with the Pennsylvania Rules of Civil Procedure.

The plaintiff shall serve a copy of the Mortgage Foreclosure Diversion Program Notice along with the complaint on the defendant in accordance with the Pennsylvania Rules of Civil Procedure.

Page 79 | Mortgage Foreclosure Program

The master must give all parties or their attorneys preliminary notice of the proposed partition and allotment, or of the inability to partition, following Pa.R.C.P. No. 440.

The master shall give all parties or their attorneys preliminary notice of the proposed partition and allotment of purports or the inability to partition the property in the manner provided by Pa.R.C.P. No.440.

Page 40 | Rule 1566 — Notice of Proposed Partition

Filing Fees and Waivers

Unless all parties agree otherwise in writing, settling defendants in a filed civil action must pay the plaintiff the listed record court costs.

Unless all parties agree in writing to the contrary, the settling defendant or defendants in any filed civil action shall pay to the plaintiff record court costs which are specifically defined to be: Initial filing fees; Service of process fees; and Costs to settle and discontinue the docket.

Page 25 | RULE 212.4 — DISCONTINUANCE PAYMENT OF RECORD COSTS ON SETTLEMENT

A $25 fee must be paid for a continuance unless the Court waives it, and proof of payment must be attached to the motion.

A $25.00 fee shall be charged for continuances. No continuance shall be granted without payment of the required fee unless waived by the Court. Proof of payment shall be attached to the motion when presented in accordance with Fayette County Rule 208.3.

Page 39 | Arbitration

The Prothonotary must accept the plaintiff’s certified record for filing without payment of fees.

The Prothonotary shall accept the certified record from the plaintiff for filing without the payment of fees.

Page 43 | EMERGENCY RELIEF BY THE MINOR JUDICIARY

A party requesting child custody mediation must pay a $100 filing fee with the request.

A party who is requesting a child custody mediation conference must file, after filing an appropriate complaint/petition, with the Prothonotary a “Request to Schedule Child Custody Mediation” form, along with the $100.00 filing fee, in accordance with F.C.R. 1915.3.

Page 48 | RULE 1915.2 PROCEDURE

A party filing exceptions must make any payment or deposit necessary for a required transcript.

(a) A party filing exceptions shall request and cause to be filed any transcript required and make any necessary payment or deposit therefore.

Page 49 | RULE 1915.4 — EXCEPTIONS

When the stated custody-related filing has no agreed-upon order disposing of the issues, the moving party must pay a non-refundable $100 conciliation fee in addition to other fees, unless the court approves proceeding in forma pauperis.

Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed- upon Order disposing of the issues, the moving party shall file and serve a Request to Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of One Hundred ($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in accordance with Pa.R.C.P. §240.

Page 49 | RULE 1915.3 — FEES AND COSTS

Before a master is appointed, the moving party must deposit $750 for the master's services with the Prothonotary.

(a) The moving party shall file a Motion for Appointment of Master and deposit the sum of $750.00 for the master’s services with the Prothonotary prior to the time that a master is appointed.

Page 50 | RULE 1920.51(a) — APPOINTMENT OF MASTER, MASTER'S FEE, TRANSCRIPT COSTS

Transcript payments and balances are paid to the Administrative Office, not the court reporter; the reporter prepares the transcript after receipt of the deposit and delivers it after the balance is paid.

No payments shall be made to the court reporter. (2) upon receipt of the deposit by the Administrative Office of Fayette County Courts, the court reporter shall prepare the transcript. (3) the court reporter shall notify the ordering party and the district court administrator of the completion of the transcript and of the final balance due. (4) upon payment of any balance owed to the Administrative Office of Fayette County Courts, the court reporter shall deliver the original transcript to the appropriate filing office and a copy for the ordering party in the form requested to the district court administrator.

Page 73

When the court or county is responsible for a transcript’s cost, no deposit is required before the reporter prepares it.

(E) When a transcript is requested for which the court or county is responsible for the cost, the court reporter shall prepare the transcript without the necessity of a deposit.

Page 73

The requesting party, or the party required by general rule to file a transcript, is responsible for its cost.

(1) Assignment of costs. The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript.

Page 74 | RULE 4008

Costs for transcripts requested under Rule 4008(B)(1)–(B)(3) are charged to Fayette County for payment to the reporter, and no deposit is required.

(7) Transcripts requested in accordance with Rule 4008(B)(1) through (B)(3) shall have costs imputed to the County of Fayette for payment to the court reporter. In accordance with Rule 4007(E), no deposit shall be required.

Page 74 | RULE 4008

Ordinary transcript costs must be waived in an appealed matter or when the transcript is needed to advance litigation for a litigant permitted to proceed in forma pauperis or with income below 125% of the current HHS poverty line.

(1) Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.

Page 74 | RULE 4008

Legal-aid-represented litigants need not prove economic hardship, and legal aid services may obtain ordinary transcripts at no cost by attaching the specified certification letter to the transcript request.

(6) Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid services shall be entitled to obtain ordinary transcripts for no cost by attaching to their Request for Transcript a letter of certification verifying in accordance with Rule 4008(B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

Page 74 | RULE 4008

All financial obligations must be paid before a Youth Commission case may be expunged.

All financial obligations must be paid in full before a case handled by the Youth Commission may be expunged.

Page 96 | Expungement of records

A $100 Fayette County Youth Commission Program fee is listed for adjudication hearings.

Fayette County Youth Commission Program $100.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — COUNTY FEES

A $35.50 Judicial Computer Project fee is listed for adjudication hearings.

Judicial Computer Project (JCP / ATJ / CJEA) $35.50

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $25 Juvenile Court Restitution Program fee is listed for adjudication hearings.

Juvenile Court Restitution Program (JCR) $25.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — COUNTY FEES

A $25 Crime Victims Compensation Cost is listed for adjudication hearings.

Crime Victims Compensation Cost $25.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $300 Substance Abuse, Education and Demand Reduction Fund fee is listed for DUI 3802 cases with BAC above .16.

Substance Abuse, Education and Demand $100.00 BAC <.16 Reduction Fund (DUI 3802 ONLY) $300.00 BAC >.16

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $65 County Costs (Petition / Automation Fee) is listed for adjudication hearings.

County Costs (Petition / Automation Fee) $65.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — COUNTY FEES

A $300 Booking Center Fee is listed for adjudication hearings.

Booking Center Fee $300.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — COUNTY FEES

A $100 Substance Abuse, Education and Demand Reduction Fund fee is listed for CSDDCA cases.

Substance Abuse, Education and Demand $100.00 Reduction Fund (CSDDCA ONLY)

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $500 fee is listed for manufacture or sale of a false ID card.

Manufacture / Sale of False ID Card $500.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $25 Amber Alert System Cost is listed for adjudication hearings.

Amber Alert System Cost $25.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $100 Substance Abuse, Education and Demand Reduction Fund fee is listed for DUI 3802 cases with BAC below .16.

Substance Abuse, Education and Demand $100.00 BAC <.16 Reduction Fund (DUI 3802 ONLY)

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $250 DNA fee is listed for any felony or for the specified offenses.

DNA (Any Felony) or (M) 3126 & 2910(a)(1) $250.00

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

The DUI-only PSP Crime Lab User Fee is actual cost and applies only when court ordered.

PSP Crime Lab User Fee (DUI ONLY) Actual Cost / Court Ordered Only

Page 99 | JUVENILE FEE BILL — ADJUDICATION HEARING — STATE FEES

A $100 fee payable to the JCR Fund is listed for ADJ/CD expungements.

Expungement (ADJ / CD) $100.00 Payable to JCR Fund

Page 100 | JUVENILE FEE BILL — ADDITIONAL COSTS

The Juvenile Court Restitution Program receives 50% of collections for district magisterial certifications.

Juvenile Court Restitution Program 50% of collection

Page 100 | JUVENILE FEE BILL — DISTRICT MAGISTERIAL CERTIFICATIONS — COUNTY FEES

The Fayette County Youth Commission Program receives 50% of collections for district magisterial certifications.

Fayette County Youth Commission Program 50% of collection

Page 100 | JUVENILE FEE BILL — DISTRICT MAGISTERIAL CERTIFICATIONS — COUNTY FEES

A $25 fee payable to the JCR Fund is listed when charges are dismissed via victim request.

Charges dismissed via victim request $25.00 Payable to JCR Fund

Page 100 | JUVENILE FEE BILL — ADDITIONAL COSTS

Restitution for district magisterial certifications is listed as payable by promissory note if applicable.

Restitution Promissory note if applicable

Page 100 | JUVENILE FEE BILL — DISTRICT MAGISTERIAL CERTIFICATIONS — COUNTY FEES

A $25 County Costs (Petition / Automation Fee) is listed for consent decrees.

County Costs (Petition / Automation Fee) $25.00

Page 100 | JUVENILE FEE BILL — CONSENT DECREE — COUNTY FEES

When both parties file exceptions, they must bear the transcript cost proportionately.

(b) When both parties file exceptions, the cost of the transcript shall be borne proportionately.

Page 49 | RULE 1915.4 — EXCEPTIONS

Upon final disposition, 30% of a cash deposit, with a minimum retention of $10, is kept for administrative costs and the balance is returned unless the depositor agrees otherwise in writing.

Upon full and final disposition of the case, the issuing authority or the Clerk of Courts shall retain thirty percent (30%) of the amount deposited, but in no event less than Ten ($10.00) Dollars, as administrative costs, which includes the Clerk’s poundage fee for the percentage cash bail program. The balance shall be returned to the depositor, unless the depositor at the time the balance is to be returned otherwise agrees in writing. The thirty per cent (30%) to be retained shall be considered as earned at the time the bail undertaking is executed and the defendant or the third party surety deposits the cash.

Page 60 | RULE 535 — RETURN OF CASH DEPOSITS

Money from a cash deposit that remains unclaimed for 180 days after final disposition is deemed a fee and forfeited to Fayette County.

Any money not claimed within one hundred eighty (180) days from the time of full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the county of Fayette.

Page 60 | RULE 535 — RETURN OF CASH DEPOSITS

Any filing of a statement of intention to proceed shall be accompanied by such filing fee as may be allowed by law to be charged by the Office of the Prothonotary in accordance with the fee bill of that office.

Any filing of a statement of intention to proceed shall be accompanied by such filing fee as may be allowed by law to be charged by the Office of the Prothonotary in accordance with the fee bill of that office.

Page 71 | Rule 1901(a)(4)

The ordering party must pay 75% of the estimated transcript cost in advance; payments are nonrefundable and must be made by money order, certified check, or an attorney’s check payable to the County of Fayette.

The ordering party shall make partial payment in the amount of seventy-five percent (75%) of the estimated transcript cost. All payments are nonrefundable and shall be made by money order, certified check, or check from an attorney payable to the County of Fayette

Page 72 | Rule 4007(D)(1)

A requester who asks to have official case records mailed must pay exact postage.

exact postage shall be charged when official case records are requested to be mailed.

Page 72 | Rule 1903

Photocopying official Magisterial District Court case records costs $0.25 per page.

Pursuant to Section 5.00 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Official Case Records of the Magisterial District Courts, the fee for photocopying the official case records of the magisterial district courts shall be $0.25 per page

Page 72 | Rule 1903

Electronic transcripts requested for same-day delivery by a party other than the Commonwealth or its subdivisions may cost no more than $6.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (d) for same day delivery, $6.50 per page.

Page 73 | RULE 4008

Electronic expedited transcripts requested by a party other than the Commonwealth or its subdivisions may cost no more than $3.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (b) for an expedited transcript, $3.50 per page;

Page 73 | RULE 4008

Electronic daily transcripts requested by a party other than the Commonwealth or its subdivisions may cost no more than $4.50 per page.

(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall not exceed: (c) for a daily transcript, $4.50 per page;

Page 73 | RULE 4008

Sealing & Redaction Procedures

Questionnaire copies may not be duplicated, distributed, or published.

Copies shall not be duplicated, distributed or published.

Page 66 | RULE 1107.3 — RESTRICTIONS

Defendants may not be given questionnaire copies unless they are unrepresented by counsel at trial.

Defendants shall not be furnished copies of the questionnaires unless they are unrepresented by counsel at trial.

Page 66 | RULE 1107.3 — RESTRICTIONS

Original questionnaires for impaneled jurors must be kept in a sealed file by the Jury Commissioners and destroyed one year after the trial session, unless the court orders otherwise.

All original questionnaires of all impaneled jurors shall be retained by the Jury Commissioners in a sealed file and shall be destroyed (1) year after the trial session in which they were selected, unless otherwise ordered by the Court.

Page 66 | RULE 1107.4(a) — Impaneled jurors; original questionnaires

Questionnaire copies may be made available only to judges, attorneys for the Commonwealth, and defendants’ attorneys.

Complete and accurate copies of the original questionnaires (“copies”) shall be collated into numbered binders, which shall be available only to judges, attorneys for the Commonwealth and defendants’ attorneys.

Page 66 | RULE 1107.2 — COPIES

Copies may not be removed from a courtroom-designated area unless the court first orders removal for good cause shown.

Copies shall not be removed from the designated area except upon prior court order for good cause shown. The designated area shall be any courtroom.

Page 66 | RULE 1107.3 — RESTRICTIONS

Copies of juror information questionnaires are not public records.

Copies shall not constitute public records.

Page 66 | RULE 1107.2 — COPIES

Juror information questionnaires must be kept securely in the Jury Commissioners’ office and are not public records.

Confidential Juror Information Questionnaires (“questionnaires”) will be maintained securely in the office of the Jury Commissioners. The juror questionnaires shall not constitute a public record.

Page 66 | RULE 1107.1 — GENERAL

Mediation discussions and communications must remain confidential and may not be disclosed or used, unless all parties and the mediator stipulate otherwise in writing, disclosure is required by law, or the court orders otherwise.

Unless stipulated in writing by all parties and the mediator or except as required by law or otherwise ordered by the court, all discussions which occur during mediation shall remain strictly confidential and no communication at any mediation session (including, without limitation, any verbal, nonverbal or written communication which refers to or relates to mediation of the pending litigation) shall be disclosed to any person not involved in the mediation process, and no aspect of the mediation session shall be used by anyone for any reason.

Page 28 | (g)(6)

The Confidential Position Paper must remain outside the court record and be destroyed when mediation concludes.

The Confidential position paper shall not become a part of the court record and shall be destroyed at the conclusion of the mediation.

Page 28 | (g)(3)

Attorneys and judges may examine copies before jury selection by arranging with the designated custodian; the Court Administrator is the custodian, and copies must be obtained from and returned to that office.

Attorneys and judges may examine copies prior to jury selection by making arrangements with the designated custodian. The Court Administrator shall be the official custodian. Copies shall be made available from and returned to the office of the Court Administrator.

Page 66 | RULE 1107.2 — COPIES

Pre-Motion Conference Requirements

Petitions lacking facial merit or resolvable by a short presentation may be decided without formal fact-finding; when formal fact-finding is necessary, argument follows the Answer and any necessary discovery.

Those petitions which show no merit on their face or which can be determined by a short presentation by the respective attorneys in Motions Court will be disposed of without a formal fact finding procedure. (B) If it appears to the Court that formal fact finding is necessary to the disposition of the Rule, the Court will set a date for argument subsequent to the filing of an Answer and the taking of any necessary discovery.

Page 16 | RULE 206.4(c)

By agreement, parties may use the priority-motion procedure, with oral presentations capped at three minutes and any briefs or memoranda submitted at that time; otherwise, objections proceed as a routine motion, with the Court setting the briefing schedule and, when appropriate, further fact-record and argument procedures.

Upon agreement of the parties, the preliminary objections may be submitted as a priority Motion for disposition by the Court at that time. The parties shall be permitted no more than three (3) minutes to orally present their positions on the issues raised and any briefs or memorandums the parties wish for the Court to consider shall be submitted to the Court at that time. Otherwise, the preliminary objections shall be presented by the moving party as a routine Motion accompanied by a proposed Order. Upon receipt of such a Motion, the Court shall establish a briefing schedule, and, if deemed necessary by the Court, an argument date for disposition of the preliminary objections. If the preliminary objections properly raise an issue of fact, the Court shall enter an Order establishing the procedure to be followed for the making of a factual record, for the briefing of the issues raised, and for setting an oral argument date and time, if deemed necessary by the Court.

Page 34 | RULE 1028(c) — PRELIMINARY OBJECTIONS

Unless otherwise ordered, the moving party’s brief is due within 15 days after presentation of the motion, and responding parties’ briefs are due within 15 days after service of the moving party’s brief.

Unless otherwise ordered, the brief of the moving party shall be served on all parties and the assigned Judge within fifteen (15) days from the presentation of the motion pursuant to FCR 208.3(a); and the briefs of all responding parties shall be served on all other parties and the assigned Judge within fifteen (15) days after service of the moving party’s brief.

Page 35 | RULE 1034(a)(1)(i)

The matter will be decided on the submitted briefs unless oral argument is requested.

The matter will be decided on the briefs submitted unless oral argument is requested.

Page 20 | RULE 210 — FORM AND CONTENT OF BRIEFS

Failure to comply with the briefing schedule may result in denial of oral argument or other sanctions the Court considers appropriate.

Failure to comply with the briefing schedule may result in the denial of oral argument or such other sanctions as the Court deems appropriate.

Page 34 | RULE 1028(c) — PRELIMINARY OBJECTIONS

Failure to comply with the briefing schedule may result in denial of oral argument or other appropriate sanctions.

Failure to comply with the briefing schedule may result in the denial of oral argument or such other sanctions as are appropriate.

Page 35 | RULE 1034(a)(1)(ii)

Adjournment & Extension Requirements

A scheduled pre-trial conference may be continued only for just cause and upon order of the pre-trial judge.

a) When a case is scheduled for pre-trial conference, it shall not be continued except for just cause and upon order of the pre-trial judge.

Page 24 | RULE 212.3 PRE-TRIAL CONFERENCE

A continuance of the mediation session beyond the referral-order period requires the assigned judge’s approval.

Any continuance of the mediation session beyond the period prescribed in the referral order must be approved by the assigned judge.

Page 27 | (f)(5)

The Court grants continuances upon cause shown, but not on the hearing date except in emergencies.

Continuances shall be granted by the Court upon cause shown. There shall be no continuances granted on the date of the hearing except for emergencies.

Page 39 | Arbitration

A defendant’s trial-continuance motion must be made to the assigned Plea Judge at least 48 hours before trial, except when the stated circumstances permit a later motion; the source text ends mid-exception.

(b) A motion for continuance of trial made on behalf of the defendant shall be made to the assigned Plea Judge no later than forty-eight hours before the time set for trial. A later motion shall be entertained only when the opportunity therefore did not previously exist, or the defendant was not aware of the grounds for the motion, or the

Page 56 | RULE 106 — CONTINUANCES

The Court may grant a continuance in the interest of justice on its own motion or a party’s motion, and must identify the moving party and state its reasons for granting or denying it on the record.

(a) The Court may, in the interest of justice, grant a continuance, on its own motion, or on the motion of either party. The Court shall on the record identify the moving party and state for the record the Court's reasons justifying the granting or denial of the continuance.

Page 56 | RULE 106 — CONTINUANCES

When multiple attorneys represent the same party, one attorney’s absence is not grounds for a continuance or passing the case unless the court finds the reasons satisfactory.

When two or more attorneys are of record for the same party, the absence of one of them shall not be deemed grounds for a continuance or for passing the case, except for reasons satisfactory to the court.

Page 57

A continuance request based on an attorney’s unavailability may be entertained only for the listed engagements, illness, or a special or unexpected circumstance making the absence practically involuntary.

A request for continuance on the grounds that an attorney of record is unavailable may only be entertained when that attorney has an engagement in Federal Court, in Pennsylvania Appellate Court, a previously scheduled Common Pleas Court hearing, an illness, or by some special or unexpected circumstance rendering the attorney's absence practically involuntary.

Page 57

Unless cause is shown in the motion, a continuance motion must be signed by the moving party and counsel; be consented to and signed by all counsel and unrepresented parties or presented as a Priority Motion; attach the prior hearing order and be presented promptly, no later than two weeks after notice was mailed; and provide either at least three mutually available dates or counsel’s unavailability dates for the following three months.

Except for cause shown as stated in the motion, a motion for continuance shall comply with the following requirements: (1) The motion shall be signed by the moving party and counsel for the moving party; and (2) The motion shall be consented to and signed by all counsel, and unrepresented parties of record, or it must be presented as a Priority Motion (in accordance with Fayette County Rule 575); and (3) If the motion is made necessary by a pre-existing hearing commitment, a copy of the order setting such hearing shall be attached to the motion, and the motion for continuance must be presented as soon as possible after the conflict is established, and in no event more than two weeks after the mailing of notice of the hearing that is proposed to be continued; and (4) Counsel must obtain from the Court at least three dates available to all parties and all counsel for the continued hearing. Alternately, each counsel may provide a list of the dates counsel or counsel's client is unavailable during the three-month period following the date the motion for continuance is presented.

Page 57

Good cause must be shown at the Call of the Criminal Trial List to continue a proceeding; otherwise, the court must dismiss it forthwith.

If no good cause for continuing a proceeding is shown at the Call of the Criminal Trial List, an order for dismissal shall be entered forthwith by the Court.

Page 71 | Rule 1901(b)(3)

If an arbitrator has a conflict, another board hears the case that day if available; otherwise the case is continued to the next arbitration day.

If an arbitrator is unable to hear a particular case because of a conflict of interest, the case will be heard by another board of arbitration sitting on the same day. If no other board is sitting on that day, the case will be continued to the next arbitration day.

Page 39 | Arbitration

If a hearing cannot be completed on its first day, the board must set when and where it will resume, and the hearing must be completed within ten days after the arbitration day unless the Court allows more time.

When it is not possible to conclude a hearing on the day on which it commences, the board of arbitration will fix the time and place to resume the hearing. Each hearing will be completed within ten (10) days after the arbitration day unless the Court allows a longer time.

Page 39 | Arbitration

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

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

Petitions lacking facial merit or resolvable by a short presentation may be decided without formal fact-finding; when formal fact-finding is necessary, argument follows the Answer and any necessary discovery.

View ruleSource: page 16, section RULE 206.4(c)

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

Court of Common Pleas of Fayette County, Pennsylvania's formatting rule includes double spacing, letter paper, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, use good quality white paper., lettering must be clear and legible., and pages must be one-sided, except exhibits, similar supporting documents, and paper books may be lettered on both sides..

View ruleSource: page 14, section Rule 205.2(a) — Form of Papers

What must be included with mediation report filings in Court of Common Pleas of Fayette County, Pennsylvania?

If mediation results in settlement, the mediator must file a report with the assigned judge stating that settlement was achieved; the referral order may specify the report’s form.

View ruleSource: page 28, section (g)(5)

What must be included with subsequent pleading filings in Court of Common Pleas of Fayette County, Pennsylvania?

The rule requires judge name. Counsel must place the assigned judge’s name under the case number and term on all subsequent pleadings.

View ruleSource: page 13, section Rule 201 — Case Assignment

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

Juror information questionnaires must be kept securely in the Jury Commissioners’ office and are not public records.

View ruleSource: page 66, section RULE 1107.1 — GENERAL

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

A scheduled pre-trial conference may be continued only for just cause and upon order of the pre-trial judge.

View ruleSource: page 24, section RULE 212.3 PRE-TRIAL CONFERENCE

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

A fee is required for covered filings. Unless all parties agree otherwise in writing, settling defendants in a filed civil action must pay the plaintiff the listed record court costs.

View ruleSource: page 25, section RULE 212.4 — DISCONTINUANCE PAYMENT OF RECORD COSTS ON SETTLEMENT

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

The master must promptly file notice of all hearing dates and continuances with the Prothonotary.

View ruleSource: page 51, section RULE 1920.51(b)

What rule applies to serving all parties in Court of Common Pleas of Fayette County, Pennsylvania?

Details: recipient: all parties. The petitioner must notify all parties of the order’s entry within seven business days after entry.

View ruleSource: page 16, section RULE 206.4(c)
Complete rules summary for Court of Common Pleas of Fayette County, Pennsylvania

If mediation results in settlement, the mediator must file a report with the assigned judge stating that settlement was achieved; the referral order may specify the report’s form.

Mediation discussions and communications must remain confidential and may not be disclosed or used, unless all parties and the mediator stipulate otherwise in writing, disclosure is required by law, or the court orders otherwise.

The master must promptly file notice of all hearing dates and continuances with the Prothonotary.

Counsel must place the assigned judge’s name under the case number and term on all subsequent pleadings.

All civil case pleadings must list the party’s or counsel’s fax number, email address, mailing address, and phone number, as well as counsel’s Supreme Court identification number.

Filed documents must use letter-size white paper, double spacing, margins of at least one inch, clear and legible lettering, and one-sided pages, except exhibits, similar supporting documents, and paper books may be double-sided.

Documents and papers must be firmly bound, and any metal fasteners or staples must be covered.

Backers and top strips are prohibited.

A petition for a Rule to Show Cause must be presented to the assigned judge as a Priority Motion under FCR 208.3(a).

Petitions lacking facial merit or resolvable by a short presentation may be decided without formal fact-finding; when formal fact-finding is necessary, argument follows the Answer and any necessary discovery.

If the court grants a Rule to Show Cause, its order must state the time requirements for the Respondent’s Answer and any depositions before argument and identify the argument date.

The petitioner must notify all parties of the order’s entry within seven business days after entry.

Every motion and other application for court action must cite the authority for the requested relief on the Certificate of Presentation.

Uncontested motions and applications require a certification when no joinder is attached.

A discovery motion must certify that counsel conferred or attempted to confer with all interested parties to resolve the matter without court action.

Motions filed and served under the rule must include a signed Certificate of Service stating the service date and manner and identifying each person served with their contact information.

A Certificate of Service must document service of motions and identify the persons served and the manner and date of service.

Every motion must be accompanied by a Certificate of Presentation as specified in FCR 208.3(a)(12).

Motions and other applications must cite the legal authority for the requested relief, and the citation must appear on the Certificate of Presentation.

The moving party must file the original motion, Certificate of Presentation, and attachments in the appropriate office before presenting the motion in Motions Court.

The specified motion papers must be delivered in the stated order to the Court Administrator and every party of record at least two business days before presentation, unless emergency circumstances stated in the motion require a shorter period.

The motion materials delivered to the Court Administrator and parties must be assembled in the specified order.

A Certificate of Presentation must substantially follow the provided form, including the moving party, presentation date and time, motion classification, relevant judge or ruling, authority citation, estimated hearing time, signature, and date.

Inaccurate information required in the Certificate of Presentation may result in the matter not being listed for Motions Court.

The moving party’s brief must include the questions involved, case history, and argument, with the specified docket entries, pleadings, and prior adjudications, decisions, or opinions appended.

A responding party’s brief need contain only its argument, but may also include a counter-statement of the questions and a counter-history of the case.

Brief arguments must be divided and headed by question, cite transcript pages when referring to evidence or the charge, and include a synopsis of all evidence with transcript citations when discussing a finding or refusal to find a fact.

The matter will be decided on the submitted briefs unless oral argument is requested.

Except in compulsory arbitration cases, the parties must complete discovery within 240 days after the complaint is filed; discovery afterward requires a court order upon good cause shown.

When an arbitration award is appealed, the parties must complete discovery within 60 days after the appeal is filed.

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

Joseph M. George
Judge
Linda R. Cordaro
Judge
Mark M. Mehalov
Judge
Nancy D. Vernon
Judge
Steve P. Leskinen
Judge