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

CRITICAL

Applies to

Written notice of hearing

Immediately after preliminary arraignment, the District Justice must give the arresting officer and defendant written notice of the hearing date and time, signed by both.

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.

CRITICAL

Applies to

Confidential position paper

The parties and/or their attorneys must prepare and submit a Confidential Position Paper at least ten days before mediation, for disclosure only to the mediator.

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.

CRITICAL

Applies to

Order granting rule to show cause

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.

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.

CRITICAL

Applies to

Certificate of presentation

The Certificate of Presentation form calls for the moving party, presentation date and time, motion classification, relevant judge or ruling, specific authority citation, and estimated hearing time; attendance is not required for a Routine motion.

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: _____________.

CRITICAL

Applies to

Confidential information form

Confidential information may not be included in a filed document and must instead be submitted on a Confidential Information Form filed at the same time.

Information that is confidential as defined by the Public Access Policy shall not be included in any document filed in the Court of Common Pleas of Fayette County, except on a Confidential Information Form filed contemporaneously with the document.

CRITICAL

Applies to

Written notice to jurors

The Jury Commissioner must inform jurors in writing about procedures for maintaining questionnaire confidentiality.

The Jury Commissioner shall, in writing, inform jurors of the procedures for maintaining confidentiality of the questionnaires.

CRITICAL

Applies to

Pre trial statement

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.

(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.

CRITICAL

Applies to

Hearing forms

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.

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.

CRITICAL

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections presented in Motions Court under this procedure must be 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.

CRITICAL

Applies to

Subsequent pleading

Must include

judge name

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

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

CRITICAL

Applies to

Application form

The Court or Probation Department must prepare an application form for eligible benefactors to request Fund assistance.

The Court or Probation department will prepare an application form for eligible benefactors to utilize in order to request assistance from the fund.

CRITICAL

Applies to

Petition for approval of compromise settlement or discontinuance

The petition must be accompanied by an attending physician’s certificate stating the injury’s extent, treatment, and prognosis.

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 .

CRITICAL

Applies to

Custody filings

Attorneys and self-represented litigants must follow the custody instructions and use the accompanying forms available at the law library or on the stated website.

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.

CRITICAL

Applies to

Motion submission

The moving party must deliver the listed motion papers, assembled in the stated order, to the Court Administrator and every other party of record.

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

CRITICAL

Applies to

Certificate of service

A certificate of service must be filed with the Prothonotary.

A certificate of service shall be filed with the Prothonotary

CRITICAL

Applies to

Motion for appointment of master

The moving party must file a Motion for Appointment of Master.

(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.

CRITICAL

Applies to

Motion

Must include

certificate of service

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.

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.

CRITICAL

Applies to

Notice to defend

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.

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

CRITICAL

Applies to

Requisition form

A receipt copy must be attached to the requisition form and properly recorded.

A copy of the receipt for the service or product shall be attached to the requisition form and properly recorded.

CRITICAL

Applies to

Exceptions

A party filing exceptions must request and arrange for filing any required transcript and make any necessary payment or deposit.

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

CRITICAL

Applies to

Motion

Must include

proposed order

A routine motion presenting preliminary objections must be accompanied by a proposed order.

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

CRITICAL

Applies to

Motion

Must include

proposed order

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

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.

CRITICAL

Applies to

Private criminal complaint

A private criminal complaint must be filed with the District Justice where the alleged abuse occurred or, if unavailable, the court-ordered Duty District Justice.

(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.

CRITICAL

Applies to

Request to be excused from mediation attendance

Must include

proposed order

An excusal request must state all supporting considerations and whether the other parties join or object, and include a proposed order prepared for the Judge’s signature.

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.

CRITICAL

Applies to

Waiver of appearance at arraignment

A waiver of appearance at arraignment must substantially follow the prescribed form.

(D) The waiver of appearance at arraignment shall be in substantially the following form:

CRITICAL

Applies to

Plaintiff copy set

The Prothonotary must provide the plaintiff copies of the petition, verified statement, and emergency order and advise the plaintiff to present them to the assigned PFA Judge for ex parte proceedings.

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).

CRITICAL

Applies to

Photograph of non documentary exhibits

If the non-documentary exhibits were not submitted during proceedings, the proponent must provide the custodian a photograph no larger than 8.5 by 11 inches in their place within five business days after the proceeding concludes.

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.

CRITICAL

Applies to

Criminal complaint

If the officer cannot locate the defendant, the officer must file a criminal complaint and probable-cause affidavit with the District Justice where the violation occurred or, if unavailable, the court-ordered Duty District Justice.

(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.

CRITICAL

Applies to

Child custody mediation request

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

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.

CRITICAL

Applies to

Transcript request notice

If a transcript is needed to prepare the report, the master must file a notice within five business days of the hearing identifying the assigned reporter or transcriptionist and the dates of testimony requested.

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.

CRITICAL

Applies to

Application

The applicant’s probation officer must ensure the child completes the application and forward it to the Review Committee.

The applicant’s probation officer will assure that the child completes the application, and the probation officer will forward the same to the Review Committee.

CRITICAL

Applies to

Brief

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.

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.

CRITICAL

Applies to

In forma pauperis request

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

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.

CRITICAL

Applies to

Request for transcript

A legal-aid service seeking a free ordinary transcript must attach a certification letter verifying the client’s financial eligibility and the appeal or litigation need.

(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.

CRITICAL

Applies to

Mediation report

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

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.

CRITICAL

Applies to

Pre trial statement

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.

(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.

CRITICAL

Applies to

Photographs of non documentary exhibits

The proponent must photograph non-documentary exhibits, appropriately mark the photographs, and produce them during the proceedings for the official case record.

Non-documentary exhibits shall be photographed by the proponent and the photograph shall be appropriately marked and produced during the court proceedings for inclusion in the official case record.

CRITICAL

Applies to

Verified statement

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

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.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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.

CRITICAL

Applies to

Additional compensation petition

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.

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.

CRITICAL

Applies to

Petition for rule to show cause

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

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

CRITICAL

Applies to

Filing

All filings must comply with the Pennsylvania Unified Judicial System Public Access Policy.

All filings in the Court of Common Pleas of Fayette County shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania.

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Out of county pfa order

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.

(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.

CRITICAL

Applies to

Brief

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 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.

CRITICAL

Applies to

Subpoena duces tecum

A subpoena duces tecum must specifically describe the books, papers, or tangible things sought.

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

CRITICAL

Applies to

Petition for approval of compromise settlement or discontinuance

A petition for approval of a compromise, settlement, or discontinuance must include the specified injury, liability, financial responsibility, expense, counsel-fee, and unpaid-bill information.

Every petition for approval by the Court of a proposed compromise, settlement, or discontinuance of an action for injury to the person of a minor or incompetent shall contain a description of the injury, a brief account of the circumstances under which it was sustained, a statement of the nature of the evidence relied on to establish liability, any limits on the defendant's financial responsibility, a list of the expenses incurred, the fees of counsel, arrangements for payment of unpaid bills,

CRITICAL

Applies to

Pre trial statement

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.

(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.

CRITICAL

Applies to

Motion to withdraw appearance

A motion to withdraw an attorney’s appearance must include the defendant’s contact information and specified identifying details, any incarceration and inmate information, prior counsel, and co-defendants and their counsel.

A motion to withdrawal an attorney’s appearance shall include (1) the name, address, and telephone number of the defendant; (2) the date of birth of the defendant and the last four numbers of his or her Social Security Number; (3) if the defendant is incarcerated, the name of the facility and his or her inmate identification number; (4) a list of prior counsel who represented the defendant in the case; and (5) a list of co- defendants and the name of any other defendant who is charged in the same incident, including the name(s) of counsel for any other defendant identified.

CRITICAL

Applies to

Master compensation submission

Must include

proposed order

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

(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.

CRITICAL

Applies to

Mediation report

If the mediator determines settlement is unlikely, the mediator must end the session and promptly file a report with the assigned judge stating that the parties complied with mediation requirements but did not settle.

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.

CRITICAL

Applies to

Motion

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

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.

CRITICAL

Applies to

Discovery motion

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

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.

CRITICAL

Applies to

Request for transcript

An applicant seeking a transcript-cost waiver must attach the prescribed petition and affidavit to the transcript request, file them in the appropriate filing office, and provide a copy to the Administrative Office for presentation as a routine motion.

(4) To request a waiver of all or a portion of transcript costs in accordance with Rule 4008(B)(1) through (B)(3), the applicant must attach to the Request for Transcript a “Petition to Proceed In Forma Pauperis and Affidavit” in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure. The Petition and Affidavit are available in the office or on the website of the Administrative Office of Fayette County Courts. The applicant must file the Petition and Affidavit in the appropriate filing office and provide a copy to the Administrative Office of Fayette County Courts for presentation as a routine motion to the presiding judge.

CRITICAL

Applies to

Court order

Money paid into court may be withdrawn only under a court order signed by two judges and attested by the Prothonotary with the court seal attached.

no money shall be withdrawn except upon an order of the Court signed by two Judges thereof and attested by the Prothonotary with the seal of the Court attached.

CRITICAL

Applies to

Stay application

A defendant seeking a 90-day stay must 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.

CRITICAL

Applies to

Petition for civil contempt

A civil contempt petition must be presented as a routine motion under Fayette County Rule 211 and assigned to the issuing judge, who will schedule a hearing.

(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.

CRITICAL

Applies to

Waiver of appearance at arraignment

A defendant may waive arraignment appearance only if represented by counsel who concurs, and defendant and counsel sign and file a waiver acknowledging the specified matters.

(C) A defendant may waive appearance at arraignment if the following requirements are met: (1) The defendant is represented by counsel of record and counsel concurs in the waiver; and (2) The defendant and counsel sign and file with the Clerk of Courts a waiver of appearance at arraignment, which acknowledges that the defendant: (a) Understands the nature of the charges; (b) Understands the rights and requirements set forth in Pa. R.Crim.P. 571(C) and (c) Waives his or her right to appear for arraignment.

CRITICAL

Applies to

Request for 90 day stay

A legal representative must present a written request for a 90-day stay to the judge assigned to the case.

If the defendant commences FMC and desires the imposition of a 90-day stay in their mortgage foreclosure proceedings, the representative of Southwestern Pennsylvania Legal Services, Inc., or other legal representative, shall present a request for such a stay in writing to the judge to whom the case has been assigned.

CRITICAL

Applies to

Certified record

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

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.

CRITICAL

Applies to

Motion or other application

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

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).

CRITICAL

Applies to

Civil case pleading

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.

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.

CRITICAL

Applies to

Request to schedule child custody mediation

For a qualifying custody-related filing, the moving party must file a 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.

CRITICAL

Applies to

Application form

The application form must include the child’s identifying and supervision information, adjustment, community-service completion rate, and restitution balance.

The application form will include the following information: 1) Descriptive information about the child including name, DOB, type of supervision, length of supervision. 2) A statement as to the child’s overall adjustment while under supervision, addressing behavior at home, in the community, and at school; 3) A statement as to the child’s community service completion rate; 4) A statement as to the balance of restitution due by the child.

CRITICAL

Applies to

Certificate of readiness

After discovery closes and the moving party files its pre-trial statement, the movant must file a Certificate of Readiness for Pre-trial Conference.

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.

CRITICAL

Applies to

Uncontested motion

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

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

CRITICAL

Applies to

Allegation complaint forms

The Intake Department will file the Allegation / Complaint Forms in cases alleging delinquent behavior.

The Intake Department will file the Allegation / Complaint Forms

CRITICAL

Applies to

Documentary exhibits and photographs

Unless the court directs otherwise, the custodian must file the specified exhibits and photographs with the records office 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.

CRITICAL

Applies to

Subpoena duces tecum

A subpoena duces tecum for public records or papers may be issued only by special order of the Court.

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

CRITICAL

Applies to

Court forms

Where a state form exists, it must be used instead of a local form.

Beginning on this date, state forms must be used where applicable. Local forms can no longer be used where a state form exists.

CRITICAL

Applies to

Certificate of readiness

The Certificate of Readiness must substantially follow the form provided with the rule, including its trial-readiness certifications.

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

CRITICAL

Applies to

Transcript copy request

A request for a copy of a transcript on file must use the “Request for Transcript or Copy” form and be filed with the Administrative Office of Fayette County Courts.

A request for a copy of any transcript previously ordered, transcribed and filed of record shall be made pursuant to the “Request for Transcript or Copy” form and the request filed with the Administrative Office of Fayette County Courts.

CRITICAL

Applies to

Discovery motion

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

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

CRITICAL

Applies to

Mediation report

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.

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.

CRITICAL

Applies to

Exhibit list

The custodian must prepare and file a numbered exhibit list identifying each exhibit’s proponent, admission or rejection, and textual description or identification.

The custodian shall prepare and file a numbered list of exhibits, and for each exhibit identify the proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.

CRITICAL

Applies to

Motion

Every motion must be accompanied by a Certificate of Presentation.

All motions shall be accompanied by a Certificate of Presentation as set forth in F.C.R.Crim.P 575(o).

CRITICAL

Applies to

Informal adjustment consent or consent decree

An Informal Adjustment Consent or Consent Decree must include traditional probation rules and any specific conditions deemed necessary, appropriate, and in the child’s and community’s best interest.

The Informal Adjustment Consent or Consent Decree will include traditional rules of probation as well as any specific conditions that are deemed necessary, appropriate and in the child’s and community’s best interest.

CRITICAL

Applies to

Certificate of presentation

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.

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: _____________

CRITICAL

Applies to

Monthly yc account financial activity report

A monthly YC Account financial activity report must be forwarded to the Court, with a copy retained with that month's other financial and program reports.

A report which reflects the financial activity of the YC Account will be generated on a monthly basis. This report will be forwarded to the Court with a copy to be retained along with other financial and program reports generated for that month.

CRITICAL

Applies to

Emergency order and petition

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

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

CRITICAL

Applies to

Case referral information

The Intake Department must provide the YC Coordinator with copies of the listed case information, along with any other information necessary and appropriate for supervision.

At a minimum the Intake Department will provide the YC Coordinator with copies of the following information: Allegation / Complaint Form; JPO Fact Sheet; Informal Adjustment Consent; YLS Assessment Report; Other information deemed necessary and appropriate to effectuate supervision.

CRITICAL

Applies to

Court-developed mediation form

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.

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.

CRITICAL

Applies to

Motion

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

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.

CRITICAL

Applies to

Registered pfa order copy

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

(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.

WARNING

Applies to

Ordinary transcript request

A party requesting an ordinary full or partial transcript must file the original request with the Administrative Office of Fayette County Courts.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the Administrative Office of Fayette County Courts.

WARNING

Applies to

Motion or application

Every motion, petition, or other application must be designated Priority or Routine; parties and counsel need not appear for a Routine matter.

As used herein, the term “motion” shall include every type of motion, petition, or other application for action by the Court, and shall be designated as either “Priority” or “Routine”, presentation of the latter not requiring the presence of the parties or counsel for either side.

WARNING

Applies to

Certificate of presentation

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

Failure to accurately provide the information required by paragraph (12) below may result in the matter not being listed for Motions Court.

WARNING

Applies to

Receipt acknowledgment

The plaintiff must acknowledge in writing receipt of the private criminal complaint and hearing notice provided by the District Justice.

(iii) The District Justice shall provide the plaintiff with a copy of the private criminal complaint and notice of hearing, receipt of which shall be acknowledged in writing by the plaintiff.

WARNING

Applies to

Transcript request form

The standardized transcript request form must indicate the current authorized transcript rates.

The form shall indicate the current rates authorized to be charged for transcripts under these rules.

WARNING

Applies to

Reinstatement petition

A civil case terminated under this rule may be reinstated upon a written petition showing good cause.

Any civil case terminated under this rule may be reinstated by the Court upon written petition for good cause shown.

WARNING

Applies to

Documents referring to the fund

Documents referring to the Fund must call it the JCR Fund.

For clarity purposes, when referring to the Fund on documents such as an Informal Adjustment Consent, Consent Decree, an order issued by the Court, rules and conditions of probation, and all financial documents including restitution documents, judgment, etc., the Fund will be referred to as the JCR Fund.

WARNING

Applies to

Case disposition report

At the end of its hearings each day, each arbitration board must report its case dispositions to the Court Administrator.

At the conclusion of its hearings on any day, each board will report to the Court Administrator its disposition of the cases heard by it.

WARNING

Applies to

Brief

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.

WARNING

Applies to

Pfa order registration

A plaintiff may register a valid PFA order by obtaining a certified copy endorsed by the issuing court’s Prothonotary and presenting it to the Fayette County Prothonotary or Clerk for filing.

(1) A valid PFA order may be registered by the plaintiff by obtaining a certified copy of the order of the issuing court endorsed by the Prothonotary of that court and by presenting that certified order to the Prothonotary or Clerk of Fayette County for filing.

WARNING

Applies to

Pfa order registration

Registration of PFA orders is not required once the Pennsylvania State Police Registry is established and operational.

(4) Registration of PFA orders shall not be required upon the establishment and operation of the Pennsylvania State Police Registry.

WARNING

Applies to

Civil case dismissal notice

The civil-case dismissal notice must identify the case, and a published notice must state each case caption, the attorneys’ or pro se litigants’ names, and the requirements for filing a statement of intention to proceed.

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.

WARNING

Applies to

Appointment of board of arbitration

An appointment of a board of arbitration must substantially follow the provided form.

The appointment of a board of arbitration shall be substantially in the following form:

WARNING

Applies to

Motion to withdraw appearance

If the appointment of new counsel is required to continue the case, the motion to withdraw should include a request for appointment of new counsel.

If the appointment of new counsel is required to continue the case, the motion to withdraw should include a request for appointment of new counsel.

INFO

Applies to

Certificate of readiness

Cases assigned to arbitration do not require a Certificate of Readiness.

A Certificate of Readiness is not required for cases assigned to arbitration.

INFO

Applies to

Affidavit

A party may challenge an assigned mediator’s bias or prejudice by filing an affidavit with the assigned judge stating the claimed personal bias or prejudice.

A party may assert the bias or prejudice of an assigned mediator by filing an affidavit with the assigned judge stating that the mediator has a personal bias or prejudice.

INFO

Applies to

Brief

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.

The brief of the responding party needs contain only that party's argument, but a counter statement of the questions involved and a counter-history of the case may be added.