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

CRITICAL

Applies to

Praecipe for assignment

The Praecipe for Assignment must state in writing whether the matter will be submitted on briefs or scheduled for oral argument.

The moving or petitioning party shall indicate on the Praecipe for Assignment whether the matter is being submitted on briefs and without the necessity of oral argument or is to be scheduled for argument by the Court Administrator. No Praecipe for Assignment will be accepted by the Clerk of Judicial Records or the Court Administrator unless the moving or petitioning party has indicated in writing whether the matter is to be submitted on briefs or scheduled for oral argument.

CRITICAL

Applies to

Schedule of distribution

(a) Filing. The Court, when it appears advisable or when requested, may direct the attorney for the accountant to prepare and file a schedule of distribution. Schedules shall be certified by the attorney for the accountant to be correct and in conformity with the adjudication, and shall be filed with the Clerk. When a schedule is approved in writing by Interested Parties, the attorney for accountant shall also certify whether or not such parties constitute all of those affected thereby.

(a) Filing. The Court, when it appears advisable or when requested, may direct the attorney for the accountant to prepare and file a schedule of distribution. Schedules shall be certified by the attorney for the accountant to be correct and in conformity with the adjudication, and shall be filed with the Clerk. When a schedule is approved in writing by Interested Parties, the attorney for accountant shall also certify whether or not such parties constitute all of those affected thereby.

CRITICAL

Applies to

Financial information

At the meeting, a person without an attorney must provide the housing counselor with all requested financial information.

During that meeting, you must provide the housing counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf.

CRITICAL

Applies to

Petition

For the listed relief not otherwise covered by statute or procedural rule governing motions, a party must proceed by petition and rule.

In addition to an application to strike and/or open a default judgment or a judgment of non pros, a party seeking relief from the court shall proceed by petition and rule when the party is seeking an order which is not otherwise covered by any statute or rule of civil procedure governing motions, including an order: - (1) imposing sanctions for failure to obey a discovery order; - (2) holding a party or witness in contempt; - (3) granting relief from any other judgment, including judgments entered by confession; or - (4) granting a preliminary injunction

CRITICAL

Provide an estimate of the number of trial days required, stated separately for liability and damages.

(8) Trial Time. An estimate of the number of trial days required. Separately stated for liability and damages.

CRITICALCriminal cases

Applies to

Bail bond

The official releasing a defendant must sign the bail bond as a witness to the defendant’s signature.

The official who releases the defendant shall also sign the bail bond witnessing the defendant's signature.

CRITICAL

Applies to

Petition and rule to show cause

Must include

certificate of service

The petitioner must file a certificate of service with the Clerk verifying service on all counsel and unrepresented parties.

The petitioner shall file a certificate of service with the Clerk of Judicial Records verifying that the petition and rule have been duly served upon all counsel and unrepresented parties.

CRITICAL

Applies to

Pre trial order

The parties must state their respective disputed facts and separate those concerning liability from those concerning damages.

(e) The parties shall also set forth their respective statements of facts which are in dispute, separating those referring to liability from those referring to damages.

CRITICAL

Applies to

Motion for summary judgment

A party filing a motion for summary judgment must file the original with the Clerk of Judicial Records and deliver a copy to the Court Administrator with a praecipe for assignment.

(a) A party filing a motion for summary judgment shall file the original motion for summary judgment with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co. R.C.P. 211.

CRITICAL

Applies to

Confidential information form

A Confidential Information Form must accompany a filing when confidential information is required by law, ordered by the court, or necessary to dispose of the matter.

Pursuant to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, the Confidential Information Form shall accompany a filing where confidential information is required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.

CRITICAL

Applies to

Order granting limited discovery

An order permitting limited discovery on class-action issues must specify the period during which that discovery is permitted.

In any case in which the judge assigned to a class action permits discovery with respect to the class action issues, the order granting such limited discovery shall also indicate the period of time during which discovery with respect to the class action issues shall be permitted.

CRITICAL

Applies to

Rule to file affidavit

The rule directing a party to file an affidavit must advise that party of the rule’s filing date with the Office of the Clerk of Judicial Records.

(b) The rule filed and served by the party shall advise the recipient party who is directed to file the affidavit of the date of filing of rule in the Office of the Clerk of Judicial Records.

CRITICAL

Applies to

Petition

An application to drop a misjoined party or a party against whom no claim is asserted must be made by petition and rule to show cause directed to all other parties; a defendant against whom no claim is asserted may alternatively seek dismissal by demurrer.

Application under Pa. R.Civ.P. 2232(b) to drop from the record a party who has been misjoined or against whom no claim for relief is asserted in the action shall be by petition and rule to show cause directed to all other parties. Alternatively, a defendant in an action against whom no claim for relief is asserted by seek dismissal of the action as it pertains to him by demurrer.

CRITICALCriminal cases

Applies to

Ard application

The application must identify the accused's attorney and state that the attorney advised the client of the listed ARD-program terms and the client's written consent.

the name of the attorney for the accused, and a statement that he has advised his client that: (i) acceptance into and satisfactory completion of the program offers applicant an opportunity to earn a dismissal of the charges pending against him; (ii) should applicant fail to complete the program satisfactorily, the Commonwealth may proceed on the charges as provided by Imv; (iii) applicant agrees that, if he is accepted into the program, he waives the appropriate statute of limitations and his right to a speedy trial under applicable federal and state constitutions, statutes, and rules of court during the period enrollment the program; (iv) applicant agrees to abide by whatever conditions are imposed upon him by a judge; (v) the period of the program can range up to two years; and, applicant has read the application and consents to the same as evidenced by written signature;

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

A party presenting an omnibus pretrial motion after the 30-day period must state that fact in the motion and advise the court during presentation.

(b) A moving party presenting an omnibus pretrial motion beyond the thirty (30) day period above must so state in his motion and must so advise the court during his presentation.

CRITICALCriminal cases

Applies to

Affidavit

The Clerk must file an affidavit with the court stating that the records were expunged and destroyed.

After the Clerk has received the order directing the records to be expunged and destroyed, the Clerk, within thirty (30) days, shall file an affidavit with the court stating that such records have been expunged and destroyed.

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

Various other pretrial motions must be combined in one document titled “OMNIBUS PRETRIAL MOTION.”

3. Various other pretrial motions available to me which must be stated in a single document titled "OMNIBUS PRETRIAL MOTION" to be filed and served within THIRTY (30) DAYS following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure 306 and 307.

CRITICAL

List the names and addresses of intended trial witnesses under separate headings for liability and damages.

(5) Witnesses. Under separate headings, and under separate headings for liability and damages, the names and addresses of all witnesses whom the plaintiff, defendant, and third-parties actually intend to call at trial.

CRITICAL

Applies to

Civil cover sheet

The initiating party or parties must be designated as plaintiff(s), and the responding party or parties as defendant(s), regardless of action type.

Regardless of the type of action, the initiating party or parties shall be designated as Plaintiff or Plaintiffs and the responding party or parties shall be designated as Defendant or Defendants.

CRITICALCriminal cases

Applies to

Approved list application

A fidelity or surety company must file the required report for the last calendar quarter ending before its application with both the District Attorney and the Clerk.

(2) files with the District Attorney and with the Clerk, for the last calendar quarter ending before the date of the application, a report of the sort required to be filed quarterly pursuant to 42 Pa.C.S .A. § 5747; and,

CRITICALCriminal cases

Real estate may be accepted as bail only after the necessary documentation is provided and the issuing authority or Clerk determines its actual net value equals or exceeds the bail amount.

(b) Upon review of the above documents, a determination will be made by the issuing authority or the Clerk whether the actual net value of the realty equals or exceeds the amount of bail. Only after necessary documentation is provided to and such a determination is made by the issuing authority or the Clerk may realty be accepted for bail.

CRITICAL

Applies to

Transcript request

A party requesting a transcript based on economic hardship must submit a transcript-specific in forma pauperis motion and a supporting affidavit in substantially the required form.

Any party requesting a transcript alleging the inability to pay due to economic hardship must present a Motion to Proceed in Forma Pauperis for transcripts pursuant to Lacka.Co.R.Civ.P. 208.3(a), along with a supporting affidavit substantially in the form required by Pa.R.Civ.P. 240(h).

CRITICAL

Applies to

Pre trial order

The pre-trial order must state the nature of the action and the authority invoking the court’s jurisdiction.

(1) Jurisdiction. A statement as to the nature of the action and the authority under which the jurisdiction of the court is invoked.

CRITICAL

Applies to

Bill of costs

A bill of costs must be accompanied by an affidavit addressing its correctness and the necessity for the number of witnesses in attendance.

A bill of costs, accompanied by an affidavit of their correctness and the necessity for the number of witnesses in attendance, shall be taxed by the Clerk of Judicial Records.

CRITICAL

Applies to

Proof of service

The appeal's proof of service must be a verified statement confirming certified or registered mail service, with the sender's receipt attached.

(d) Appellant shall file with the Clerk of Judicial Record within ten (10) days of the filing of the Real Estate Tax Assessment Appeal, proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.Civ.P. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICAL

Applies to

Certificate of readiness

The Certificate of Readiness must be filed with the Clerk of Judicial Records at the Lackamakna County Courthouse in Scranton, Pennsylvania.

IMPORTANT NOTICE: FILE CERTIFICATE WITH THE CLERK OF JUDICIAL RECORDS, LACKAMAKNA COUNTY COURTHOUSE, SCRANTON, PA

CRITICAL

Applies to

Default judgment

In repair-cost-only actions, the plaintiff may seek default judgment by filing a praecipe waiving other damages and the affidavits required by subsection (b).

In all actions in which the only damages to be assessed are the cost of repairs heretofore made to property, the plaintiff may seek judgment upon default assessing damages for the cost of repairs by filing, with a praecipe waiving any other damages under such judgment, the affidavits required by subsection (b) of this rule

CRITICAL

Applies to

Service by publication notice

When service by publication may be had under Pa. R.Civ.P. 3112(c), the plaintiff may cause service to be made by publication once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be in substantially the following form: Commonwealth of Pennsylvania County of Lackawanna (CASE CAPTION) NOTICE IS HEREBY GIVEN TO _____ that on _____ (date) a writ of execution issued against real property of _____ held in your name and described as follows: (In addition to the description, see Lacka. R.C.P. 3129.1) Said writ issued on judgment No. _____, 20___. You are directed to notify _____ that the plaintiff issued an attachment execution against you which _____ is/are required to defend.

When service by publication may be had under Pa. R.Civ.P. 3112(c), the plaintiff may cause service to be made by publication once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be in substantially the following form: Commonwealth of Pennsylvania County of Lackawanna (CASE CAPTION) NOTICE IS HEREBY GIVEN TO _____ that on _____ (date) a writ of execution issued against real property of _____ held in your name and described as follows: (In addition to the description, see Lacka. R.C.P. 3129.1) Said writ issued on judgment No. _____, 20___. You are directed to notify _____ that the plaintiff issued an attachment execution against you which _____ is/are required to defend.

CRITICAL

Submit a detailed summary of each expert witness’s qualifications in a form that can be read to the jury.

(b) A detailed summary of the qualifications of each expert witness shall be submitted. This summary shall be in such form that it can be read to the jury when the expert takes the stand to testify.

CRITICAL

Applies to

Consent

Each party agreeing to proceed before a Special Trial Master must provide written consent, file it of record, and provide a copy to the Court Administrator.

Where all parties agree to submit a case to a Special Trial Master, each party shall consent to doing so in writing which shall be filed of record and a copy provided to the Court Administrator.

CRITICAL

Applies to

Class action complaint

After filing a class action, plaintiff’s counsel must notify the Court Administrator and President Judge and forward the President Judge a copy of the complaint.

(a) Upon the proper filing of a class action in the office of the Clerk of Judicial Records, counsel for the plaintiff(s) shall notify the Court Administrator and the President Judge that a class action complaint has been filed and shall forward to the President Judge a copy of said complaint.

CRITICAL

Applies to

Affidavit

The plaintiff/lender’s affidavit must attest that the defendant/borrower either did not opt into the diversion program or participated in a court-supervised conference that did not resolve the claim and has no further conferences scheduled.

which serves as the primary residence of the defendant(s)/borrower(s), and unless the defendant(s)/borrower(s) has already been served with the required “Notice of Residential Mortgage Foreclosure Diversion Program” pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b) or 1143(a), the plaintiff/lender must serve a “Notice of Residential Mortgage Foreclosure Diversion Program” upon the defendant(s)/borrower(s) in the format set forth in Form 12 of the Appendix and file an “Affidavit Pursuant to Lacka. Co. R.C.P. 3129.1” in the format set forth in Form 13 attesting either that: (1) the defendant(s)/borrower(s) has not opted to participate in the “Residential Mortgage Foreclosure Diversion Program;” or (2) the defendant(s)/borrower(s), has participated in a court-supervised conciliation conference, but the residential mortgage foreclosure claim has not been resolved and no further conciliation conferences are scheduled.

CRITICALCriminal cases

Applies to

Restitution plan

If the case involves restitution, a restitution plan must be drawn up before the scheduled ARD hearing.

(1) if the case involves any restitution, a restitution plan must be drawn up plior to the date scheduled for the ARD hearing; and,

CRITICAL

Applies to

Memorandum of principal terms

After mediation, all Interested Parties must sign and file a memorandum stating whether resolution was reached, describing any partial or complete resolutions, and listing unresolved issues; it may provide for future review where appropriate.

(g) Upon completion of mediation, all Interested Parties shall sign a memorandum of principal terms, which either shall acknowledge that no resolution was reached, or shall embody the resolutions attained. This memorandum of principal terms shall clearly state partial resolutions or complete resolution attained. The memorandum of principal terms shall include a list of unresolved issues to be determined by the Court. Where appropriate, the principal terms could provide for future review in light of changed circumstances or a change in the operative facts. The memorandum of principal terms agreed upon, or the statement of no resolution, shall be filed with the Court.

CRITICAL

Applies to

Certificate of readiness

Filing a Certificate of Readiness constitutes verification that no case-dispositive motion is pending or contemplated by any party or attorney.

The filing of a Certificate of Readiness shall constitute a verification that no case dispositive motions are pending nor does any party or attorney contemplate filing such a case dispositive motion.

CRITICAL

Applies to

Publication notice

Service upon a defendant by publication of actions commenced in accordance with the requirements of Section 407 of Act. No. 6 of 1974, 41 P.S. Section 407, when authorized pursuant to Pa. R.Civ.P. 430, shall be made by publishing once in the “Lackawanna Jurist” and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form:

Service upon a defendant by publication of actions commenced in accordance with the requirements of Section 407 of Act. No. 6 of 1974, 41 P.S. Section 407, when authorized pursuant to Pa. R.Civ.P. 430, shall be made by publishing once in the “Lackawanna Jurist” and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form:

CRITICAL

Applies to

Fiduciary certificate

Upon an Interested Party’s request, a corporation acting as a fiduciary must file with the Clerk or Register a current state banking department certificate or a certified Federal Reserve Board certificate.

(a) In General. Corporations having fiduciary powers and authorized to do business in this Commonwealth may act as fiduciaries in matters pending in the Court; provided that, upon request of an Interested Party, a current certificate evidencing the approval of the state banking department or a certified copy of the certificate from the Federal Reserve Board granting the right to exercise fiduciary powers shall be filed with the Clerk or Register.

CRITICAL

Applies to

Civil cover sheet

Spouses must be listed separately, except that a consortium-only claim by one spouse uses “et ux” or “et vir.”

Spouses shall be listed as separate parties unless the claim of one spouse is limited to a claim for consortium in which case the designation, et ux, or et vir shall be used.

CRITICAL

Applies to

Brief

A brief longer than fifteen pages must include an index and a table of cited cases, statutes, and other authorities with page references.

The brief of each party, if more than fifteen pages in length, shall contain an index and table of citations of the cases, statutes and other authorities referred to within the brief, with references to the pages at which they are cited.

CRITICAL

Applies to

Written appearance and defenses

A defendant who wishes to defend must enter a written appearance and file written defenses or objections with the court.

If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court.

CRITICAL

List witnesses in the order they will be called, identify each, and briefly describe their expected evidence.

(a) Witnesses shall be listed in the order they will be called. Each witness shall be identified and there shall be a brief statement of the evidence which the witness will give.

CRITICAL

Applies to

Petition

Must include

proposed order

A petition seeking a rule to show cause must be presented to the Motions Court judge with a proposed order in the prescribed format.

To secure a rule to show cause, the petition shall be presented to the Motions Court judge under Lacka. Co. R.C.P. 208.3(a) and shall be accompanied by a proposed order in the format prescribed by Pa. R.Civ.P. 206.6(c) and the Official Note thereto.

CRITICALCriminal cases

Applies to

Ard application

The application must state the treatment-services appointment date; for DDI or another alcohol-related crime, the appointment must be scheduled before filing.

The appointment date for the treatment services. If the offense is a DDI or any other alcohol related crime, the applicant must have scheduled his or her drug and alcohol treatment services appointment prior to the filing of application, and the date of such appointment must appear in the application.

CRITICAL

Applies to

Pre trial order

The parties must agree on uncontested facts even if relevance is disputed; if those facts are ruled admissible, they must be proved.

(d) The parties shall reach agreement on uncontested facts even though relevancy is disputed; if such facts are ruled admissible, they need to be proved.

CRITICAL

Applies to

Stenographic record request

A party seeking a stenographic record of an arbitration hearing must submit a written request to the Court Administrator no later than five days before the hearing.

If a stenographic record of an arbitration hearing is desired by any party, such party shall provide the Court Administrator with a written request for same no later than five (5) days prior to date fixed for the hearing

CRITICAL

Applies to

Motion

A motion seeking protracted-case designation must state specifically why the case warrants designation, subject to the cited rules.

The motion requesting designation as a protracted case must set forth with specificity, and subject to Pa.R.C.P. 1023.1 to 1023.4, the reason(s) why the case warrants designation as a protracted case.

CRITICAL

Applies to

Unknown distributee report

If a distributee’s identity or whereabouts is unknown or there are no known heirs, the fiduciary or counsel must submit an affidavit-verified written report detailing the investigation and, in intestacy cases, providing a supported family tree.

If it appears that the identity or whereabouts of a distributee is unknown or there are no known heirs, a written report verified by affidavit of the fiduciary or his or her counsel setting forth: (a) the nature of the investigation made to locate the heirs of the decedent, in complete detail; and, (b) in cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain.

CRITICAL

Applies to

Case management order

Upon receiving the Request for Conciliation Conference, the Court Administrator must issue a Case Management Order in Form No. 10.

Upon receipt of the Request for Conciliation Conference, the Court Administrator shall issue a Case Management Order (Form No. 10) as required by Lacka. Co. R.C.P. 1143.1(c)-(f).

CRITICAL

Applies to

New trial motion after discovered evidence

A new-trial motion based on after-discovered evidence must be a petition verified by affidavit and state the discovered witnesses or sources, expected proof, and that the movant did not know of the evidence before or during trial.

A motion for a new trial on the ground of after-discovered evidence must be made on petition, verified by affidavit, setting forth the names of the witnesses or sources of evidence which have been discovered, a reasonable expectation as to what is to be proved by such evidence, and an assertion that the movant did not know of the evidence before or during the trial.

CRITICAL

Applies to

Schedule of distribution filing

Must include

certificate of service

When filing the schedule, the accountant’s attorney must file a written certification of notice with a copy of the notice and the names and addresses of those notified.

(c) Return of Notice. At the time of filing of the schedule, the attorney for the accountant shall file a written certification that due notice of the filing thereof was given as required by these rules, to which certification shall be attached a copy of said notice, as well as the names and addresses of all Interested Parties notified or their attorneys.

CRITICAL

Applies to

Proposed notice

(c) The proposed form of notice required by Pa. R.Civ.P. 1712(c) must be submitted for approval by the plaintiff to the court and to all named defendants no later than fifteen (15) days prior to the class action notice conference.

(c) The proposed form of notice required by Pa. R.Civ.P. 1712(c) must be submitted for approval by the plaintiff to the court and to all named defendants no later than fifteen (15) days prior to the class action notice conference.

CRITICAL

Applies to

New trial motion after discovered evidence

If the rule to show cause is granted, the matters stated in the petition must be established by deposition or testimony in court when the motion is considered.

In the event that the rule to show cause is granted, all of the foregoing matters shall be established by deposition or by testimony presented in court at the time that the motion is considered.

CRITICAL

Applies to

Request for conciliation conference

An eligible defendant/borrower must file a Request for Conciliation Conference.

If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the "Notice of Residential Mortgage Foreclosure Diversion Program" to be eligible to participate in a court-supervised conciliation conference under Lacka. Co. R.C.P. 1143.1, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.

CRITICAL

Applies to

Confidential mediation agreement

All Interested Parties must execute a confidential mediation agreement consistent with the local rule, and the agreement must remain confidential.

(d) All Interested Parties shall execute an agreement for confidential mediation, which is not inconsistent with this local rule, and which shall remain confidential.

CRITICAL

Applies to

Fee approval petition

County-paid court appointees must present a fee-approval petition to the Court and file the petition and approval order with the Clerk before submitting them for payment.

Attorneys, masters, auditors, examiners, trustees in partition, guardians ad litem, or trustees ad litem appointed by the Court, and paid by the County of Lackawanna, shall present a petition to the Court for approval of their fees and file the petition and order approving fees with the Clerk prior to submission to the Court Administrator’s office for payment.

CRITICALCriminal cases

Applies to

Bail bond

A defendant must sign the bail bond before release; afterward, a copy must be given to the defendant and the original included in the record.

The defendant shall not be released until he or she signs the bail bond. After the defendant signs the bail bond, a copy of the bail bond shall be given to the defendant, and the original shall be included in the record.

CRITICAL

Applies to

Statement

If agreement resolves some issues raised by a motion, the statement must identify the resolved and unresolved issues.

If part of the issues raised by the motion have been resolved by agreement, the statement shall specify the issue(s) so resolved and the issues(s) remaining unresolved.

CRITICAL

Applies to

Clerk check or order

A depository may pay out money or deliver securities only on a Clerk’s check or order countersigned by the judge and accompanied by the specified Clerk’s certificate.

(b) No money shall be paid out or securities delivered by said depository, except on the checks or orders of the Clerk, countersigned by the judge of this Court, and accompanied by a certificate endorsed on the check or order under the hand of the Clerk and the seal of the Court, that the money or property was ordered to be paid or delivered.

CRITICAL

Applies to

Corporate surety certificate

An authorized surety company must have a currently effective Insurance Department certificate evidencing its authority on file with the Clerk.

(b) Corporate Sureties. Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this Court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the Clerk.

CRITICAL

Applies to

Abuse victim addendum

In a family court action, an Abuse Victim Addendum must accompany a filing when an abuse victim provides confidential information required by law, ordered by the court, or otherwise necessary to resolve the matter.

Instructions for Completing the Abuse Victim Addendum: The Abuse Victim Addendum shall accompany a filing where confidential information is being provided by an abuse victim, as defined in this policy, in family court actions (see Pa.R.C.P. No. 1931(a)), as required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.

CRITICALCriminal cases

Applies to

Ard application

The ARD application must contain the applicant's identifying, educational, employment, offense, record, victim, restitution, and other relevant information.

An application for the ARD program must contain the following: (1) applicant's age; (2) applicant's educational background; (3) applicant's social security number; (4) applicant's operator's license number; (5) applicant's marital status and occupation or place of employment; (6) a statement of all offenses with which the applicant is charged in this and any other jurisdiction; (7) a written statement of the criminal and motor vehicle records of the applicant, if any, and if none, so stating; (8) the name(s) of any victim(s) and nature of injury and damage caused, as well as the amount of restitution owed by the applicant; (9) any other facts which may be relevant to the consideration of the ARD application;

CRITICALCriminal cases

Applies to

Written guilty plea colloquy form

The court administrator must make a written guilty-plea colloquy form available to the defendant or counsel, containing questions and in the form directed by the court.

~:) ~~e ~ourt ~dministrato~ shall make .available to a defendant and/or his counsel a written guilty plea colloquy form a s a con tam such questIons and be III a form as the court directs.

CRITICAL

Applies to

Publication notice

The prescribed ejectment publication notice must advise defendants that defending requires a written appearance and written defenses or objections, and must include the specified warnings and legal-help information.

## NOTICE If you wish to defend you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. (Offices to be listed are set forth in Lacka. Co. R.C.P. 1018.1) (Attorney for plaintiff)

CRITICAL

Identify each discovery item and trial deposition to be offered into evidence.

(9) Discovery Evidence and Trial Depositions. Each discovery items and trial deposition to be offered into evidence.

CRITICAL

Applies to

Notice

When notice to a defendant of the sale of securities is required by Pa. R.Civ.P. 3130, such notice may be given by the sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the sheriff’s office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom such sale will be made, and the date when the securities will be offered for sale.

When notice to a defendant of the sale of securities is required by Pa. R.Civ.P. 3130, such notice may be given by the sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the sheriff’s office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom such sale will be made, and the date when the securities will be offered for sale.

CRITICAL

Applies to

Post trial motion

All post-trial motions must be in writing.

All post-trial motions must be written

CRITICAL

Applies to

Certificate of readiness

Must include

certificate of service

The Certificate of Readiness must include the listed certifications concerning trial readiness, case status, prior filings, service, and objections.

I CERTIFY THAT ALL DISCOVERY IN THE CASE HAS BEEN COMPLETED; ALL NECESSARY PARTIES AND WITNESSES WILL BE AVAILABLE; SERIOUS BETTLEMENT NEGOTIATIONS HAVE BEEN CONDUCTED; ALL DEPOSITIONS FOR USE AT TRIAL HAVE BEEN COMPLETED OR SCHEDULED; NO CASE DISPOSITIVE MOTIONS ARE PENDING NOR DOES ANY PARTY CONTEMPLATE THE FILING OF BASE; NO CERTIFICATE OF READINESS HAS BEEN FILED WITHIN THE PAST 24 HOURS BY ANY PARTY OR LAWYER OF RECORD IN THIS CASE; THE CASE IS READY IN ALL RESPECTS FOR TRIAL; THAT A COPY OF THIS CERTIFICATE OF READINESS HAS BEEN SERVED ON ALL COUNSEL HAVING AN INTEREST IN THE CASE NO LESS THAN 16 DAYS PRIOR TO THE FILING; NO PARTY OR COUNSEL OBJECTS TO THE FILING OF THIS CERTIFICATE OF READINESS.

CRITICAL

Applies to

Pleadings

Pleadings before the Orphans’ Court Division are limited to petitions, answers, replies, preliminary objections, motions for judgment on the pleadings, and motions for summary judgment.

The pleadings in matters before the Orphans' Court Division shall be limited to a petition, an answer, a reply, preliminary objections, motion for judgment on the pleadings, and motion for summary judgment.

CRITICAL

Applies to

Annual account statement

The annual statement must list the covered accounts, prior-year receipts and disbursements, and year-end balances, and must include each depository’s certificate of balances.

(c) The Clerk shall, not later than the first day of March of each year, present to the Court a statement on which shall be listed the accounts in all estates or proceedings as to which moneys or securities have been deposited pursuant to this rule, showing the receipts and disbursements, if any, during the preceding calendar year, and the balances, if any, of funds and securities in the respective accounts at the end of the calendar year. This statement shall be accompanied by a certificate of each depository as to the balances of the respective accounts at the end of the preceding calendar year.

CRITICAL

Only listed witnesses may testify at trial, except when necessary to prevent manifest injustice.

(c) Only those witnesses listed will be permitted to testify at trial, except to prevent manifest injustice.

CRITICAL

Applies to

Protracted case designation certification

File the protracted-case designation certificate with the Clerk of Judicial Records at the Lackawanna County Courthouse.

IMPORTANT NOTICE: FILE CERTIFICATE WITH THE CLERK OF JUDICIAL RECORDS, LACKAWANNA COUNTY COURTHOUSE, SCRANTON, PA

CRITICAL

Applies to

Motion

A motion seeking a stay of discovery pending a protective-order decision must state its basis with particularity, and the basis must be brought to the judge’s attention when the motion is presented.

If a party seeks a stay of discovery pending disposition of a motion for a protective order, the basis for such a request shall be stated with particularity in the motion and shall be called to the attention of the Discovery Motions Court Judge at the time of presentation of the motion.

CRITICAL

Applies to

Document or process

Documents or process issued by the Clerk, except complaints, must contain a notice directing the appropriate county sheriff to serve by a specified date or return the process marked “Not Found.”

(a) Any document or process issued out of the office of the Clerk of Judicial Records, other than a complaint, shall contain a notice to serve directed to the sheriff of the appropriate county to serve the process on or before a day certain, which shall be not less than five days in advance of any return date set with respect to the process, or to otherwise return the process marked "Not Found."

CRITICAL

Applies to

Evidence supporting use of deposition

When offering deposition testimony as substantive evidence because a witness is unavailable, counsel must first submit evidence supporting the required findings to the court.

(a) If all or part of a deposition is offered in evidence as substantive evidence of its contents because of the unavailability of the witness, whether or not a party, the counsel offering said deposition shall first submit to the court such evidence as will enable the court to find that the appropriate facts under Pa. R.Civ.P. 4020(a)(3) exist.

CRITICAL

Applies to

Service request

The verifying official must keep a copy in the court case file and give the original to the service provider for submission with billing.

VERIFYING OFFICIAL SHALL MAINTAIN A COPY IN THE COURT’S CASE FILE AND PROVIDE THE ORIGINAL TO THE SERVICE PROVIDER FOR SUBMISSION WITH BILLING.

CRITICAL

Applies to

Rule to file affidavit

Must include

certificate of service

The party filing the rule to file an affidavit must also file a certificate of service stating how and when the rule was served.

(a) A party, who files and serves on another party a rule to file of record an affidavit indicating whether that party is an adult or a minor, shall at the time of filing such rule also file a certificate of service indicating the manner of serve of said rule and the date on which such service was made.

CRITICAL

Applies to

Confidential document form

For each confidential document, the form must identify where it is referenced in the filing, such as by paragraph or page.

For each confidential document, list the paragraph, page, etc. where the document is referenced in the filing.

CRITICAL

Applies to

Pre trial conference statement

Must include

caption, case number

The pre-trial conference statement form calls for a caption and court term and number, plus sections covering the facts, contentions, stipulations, trial time, exhibits, witnesses, settlement negotiations, anticipated trial issues, damages or other relief, and additional issues.

## Form 4. Plaintiff/Defendant Pre-Trial Conference Statement ## Case Caption ## Court Term & No. I. Version of the facts in brief detail: II. Contentions as to liability and/or legal issues pertinent: III. List of requested stipulations of fact or authenticity (admissibility of documents): IV. Estimated trial time: V. A list of all documents or exhibits other than those a party expects to use for impeachment or rebuttal purposes. The list should be specific enough to enable the judge and opposing counsel of all documents or exhibits at the pretrial conference in lieu of listing them in the pretrial addresses. VI. A list by name and address of all witnesses the party intends to call at trial, except those who may be used for rebuttal or impeachment purposes. If the parties learn the names of any additional witnesses after the pretrial conference, they will promptly exchange names and addresses. VII. A statement of settlement negotiations to date, including the plaintiff's most recent demand and the defendant's most recent offer: VIII. All legal issues or other questions which counsel reasonably anticipate will arise during selection of the jury or during trial. IX. Plaintiff's contentions as to injuries and special damages: - (a) The injuries sustained are as follows: - (b) The special damages are as follows: - (1) Medical-(here set forth names of doctors, hospitals, etc., and amount of bills for same) - (2) Loss of earnings-including amount of time lost, occupation and employer rate of pay: - (3) Any other out-of-pocket expenses (type and amount): - (4) Other: - (c) Nature and extent of loss suffered by plaintiff (primary or counterclaim) or the right sought to be enforced (non-personal injury cases): X. Any additional issues you feel should be considered as an aid in disposing of this action: Attorney Party Represented

CRITICALCriminal cases

An owner offering real estate as bail must provide the specified surety affidavit, property and valuation records, current lien search, bond, and proof of judgment entry.

(a) If real estate is offered to satisfy the bail set for a defendant, whether before an issuing authority or the court, the owner of the real estate to qualify as a surety and post the real estate as bail must provide the following to the issuing authority or Clerk of Judicial Records of Lackawanna County: (1) an affidavit of justification of surety; (2) the original deed or a true and correct copy, certified by the Recorder of Deeds from the appropriate county, for the realty being posted showing it is situated within the Commonwealth; (3)(i) if the value of the real estate is to be set by assessed value pursuant to Lacka. Co. R.Crim.P. 4006.3(a), a certificate from the tax assessment office of the county in which the property is located, setting forth a general description of the property, the tax book references, and the assessed valuation of the realty as of the time the bail is requested, or a current tax bill showing the assessed valuation of the realty as of the time the bail is requested; (ii) if the value of the real estate is to be set by appraisal pursuant to Lacka. Co. R.Crim.P. 4006.3(a), a written appraisal by a reputable licensed real estate broker in the county in which the property is situated setting forth a general description of the property and the fair market value as of the time the bail is requested; (4) a lien, judgment, and last owner search, dated not more than two (2) days prior to the posting of the bail, prepared by a reputable title insurance company or an attorney licensed to practice in the Commonwealth of Pennsylvania or, in the case ofreal estate located in Lackawanna County, a reputable local abstractor; (5) a bond in the amount of the bail; and, (6) proof of entry of judgment on and in the amount of the bond in favor of the Commonwealth in the office of the Prothonotary or Clerk of Judicial Records in the county in which the property is situated.

CRITICALCriminal cases

Applies to

Bail bond

Bail accepted at the prison and the original bail bond must be forwarded immediately to the Clerk of Judicial Records, Criminal Division.

Bail accepted at the Prison along with the original bail bond shall be forwarded immediately to the office of the Clerk of Judicial Records, Criminal Division.

CRITICALCriminal cases

Applies to

Affidavit of justification of surety

The surety affidavit must provide the listed information under oath from the realty owner.

(b) The affidavit of justification of surety shall require the following information to be given under oath by the owner of realty: (1) his or her name, address, age and occupation; (2) a general description of real estate in the Commonwealth of which he is the owner; (3) a statement of the manner in which he obtained title, or, if the property is located in Lack~wanna C~unty an~ he cannot produce evidence oftitle, the deed book reference of the recording of the instrument by which he obtamed the htle; (4) a statement of all encumbrances, including taxes, upon said real estate and that the realty posted is not subject to any outstanding lien, encumbrances, or agreement not shown in the search required by Lacka. Co. R.Crim.P. 4006.2(a)(4); (5) a statement of all other surety undertakings; (6) a statement of the assessed, market, and rental value of the real estate; and, (7) a statement that he is not contemplating or negotiating the sale of the real estate.

CRITICAL

Applies to

Proof of service

Proof of service for the Pretrial Status Conference Memorandum must consist of a verified statement as defined in Pa. R.Civ.P. 76.

Proof of service shall consist of a verified statement as “verified” is defined in Pa. R.Civ.P. 76.

CRITICALCriminal cases

Applies to

Approved list qualification

A fidelity or surety company must file a copy of its currently valid Pennsylvania Insurance Department registration and license with the Clerk to qualify for the approved list.

(1) has filed with the Clerk a copy of a currently valid registration and license from the Insurance Department of the Commonwealth of Pennsylvania pursuant to 40 P.S. §§ 831 et seq.;

CRITICAL

Applies to

Mediation request

A mediation request must identify the proposed mediator and fee source, participating parties and counsel, any interested party with diminished capacity or a legal disability, and the initial conference date.

(c) In such request for mediation, all Interested Parties shall identify: - (1) The proposed mediator and the proposed source of payment of fees and costs of the mediator; - (2) Names and contact information of all Interested Parties and any counsel who shall participate in the mediation; - (3) Names and information regarding any Interested Party having diminished capacity or a legal disability, whose interests must be adequately protected; and - (4) The scheduled date for the initial mediation conference.

CRITICAL

Applies to

Trial brief

Counsel must furnish the court a trial brief before trial containing a succinct statement of the evidence, the party’s position on anticipated legal issues, and supporting legal authorities.

Prior to the commencement of trial, counsel shall furnish the court a trial brief which shall contain a succinct statement of evidence to be presented, the position of the party filing the same with respect to anticipated legal issues to be encountered, and citation of legal authorities relied upon to support the legal positions of the party and to support any requests for rulings which the party anticipates seeking from the court.

CRITICAL

Applies to

Pre trial statement

Each party’s pre-trial statement must certify that a settlement conference was held and identify its date, participants, and results.

The parties shall certify in writing in their pre-trial statements that such a settlement conference was held and shall identify the date of the conference, the individuals who participated and the results of the conference.

CRITICAL

Applies to

Exceptions

A party dissatisfied with the defendant’s statement of account must file exceptions and move for appointment of an auditor.

the accounting, if dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the appointment of an auditor to hear and report upon the questions of fact and law raised by the exceptions.

CRITICAL

Applies to

Petition to sell real estate at private sale

A private-sale petition by a personal representative, trustee, or guardian must attach the listed appointment, party-consent or notice, mortgagee-consent, and sale-agreement materials, as applicable.

The following exhibits shall be attached to a petition by a personal representative, trustee, or guardian to sell real estate at private sale: (a) a copy of the will, deed, or decree by which the fiduciary was appointed; (b) any consents or joinders of Interested Parties, and the names and a copy of the notice which has been given to those parties who do not consent or join; (c) consent by any mortgagee whose lien would otherwise not be discharged by the sale or, if not attached, the reason therefor; and, (d) a copy of the agreement of sale, if any.

CRITICAL

Applies to

Injunction application

An injunction application must set out its factual reasons specifically and in detail; conclusions alone are insufficient.

No application for an injunction will be considered by the court unless the factual reasons are set forth specifically and in detail. The pleading of conclusions will not be sufficient.

CRITICAL

Applies to

Pre trial order

Facts relating to liability and facts relating to damages must be stated separately.

(c) The facts relating to liability and to damages are to be separately stated.

CRITICAL

Applies to

Case management proposal

The case management proposal sets deadlines for completing discovery, exchanging expert and rebuttal reports, and filing dispositive motions.

- A. All Discovery shall conclude on or before _____; - B. Plaintiff(s) shall exchange with the Defendant(s) all Expert Reports on or before _____; - C. Defendant(s) shall exchange with Plaintiff(s) all Expert Reports on or before _____; - D. Plaintiff(s) shall exchange with Defendant(s) all Rebuttal Reports on or before _____; - E. Dispositive Motions shall be filed on or before _____.

CRITICAL

Applies to

Documents containing confidential information

Anyone filing documents containing confidential information as defined by the Policy must use and file a Confidential Information Form.

Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, any person or persons who files documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form in order to comply with the Policy.

CRITICALCriminal cases

Applies to

Written guilty plea colloquy form

The court may not accept a guilty plea or conduct an oral colloquy unless a completed written guilty-plea colloquy form is on the record.

~b) Tthefcourt sdhall not accept a guilty plea or conduct any oral colloquy if a completed written guilty plea colloquy ~orm IS no 0 recor .

CRITICAL

Applies to

Pretrial status conference memorandum

Each party of record must file a Pretrial Status Conference Memorandum and provide proof of service of copies on parties of record.

(b) Each party of record shall file with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven (7) days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail.

CRITICAL

Applies to

First pleading

The first pleading asserting a right, claim, or defense founded on a specified authority must cite that authority for the court.

Whenever any right, claim, or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, Pennsylvania Rule of Civil Procedure, or rule herein, the first pleading in which such right, claim, or defense is asserted shall cite for the information of the court the statute, ordinance, regulations, or rule so relied upon.

CRITICAL

Applies to

Confidential information form

Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.

Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.

CRITICAL

Applies to

Brief

Each brief must be endorsed with the case name, court, docket number, and filing attorney’s name and address.

All briefs shall be typewritten and printed or otherwise duplicated on 8 \frac{1}{2} by 11 paper and shall be endorsed with the name of the case, the court, the docket number of the case, and the name and address of the attorney filing same.

CRITICAL

Applies to

Rule to show cause

The successor’s last known address must also be stated in the rule.

Said address shall then be set forth in the rule.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The serving party must file a certificate or affidavit stating the date and manner of service and the person served.

The party serving the paper(s) shall file in the office of the Clerk of Judicial Records a certificate or affidavit of showing the date, manner of service, and person upon whom service was made.

CRITICAL

Applies to

Pre trial order

A party seeking non-damages relief must list each requested form of relief in a separate paragraph and precisely designate the persons, parties, places, and things involved.

(b) A party seeking relief other than damages shall list under separate paragraphs the exact form of relief sought with precise designations of the persons, parties, places, and things expected to

CRITICAL

Applies to

Appearance

An attorney’s signature on a pleading or motion enters an appearance; an attorney or party who does not sign must enter an appearance by praecipe filed with the Clerk.

(a) The signing of a pleading or motion by an attorney shall be deemed an entry of appearance. Appearance by an attorney or a party not signing pleadings or motions shall be by praecipe filed with the Clerk of Judicial Records.

CRITICALCriminal cases

Applies to

Appearance

Counsel for the defendant must file a written appearance with the Clerk at or before arraignment.

(a) Counsel .for the defe . ndant shall file an appearance in all cases in writing in the office of the Clerk at or before the time of arraIgnment.

CRITICAL

Applies to

Uniform statement

If the court determines that individual notice will be given, a uniform statement must be drafted allowing recipients to opt in or out of the class.

(b) If at the time of the class action notice conference the court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for inclusion or exclusion for the class.

CRITICAL

Applies to

Request for conciliation conference

A request for a conciliation conference is presented with certifications about the defendant's ownership, residence, and program eligibility, a verification, and signature and date lines.

## REQUEST FOR CONCILIATION CONFERENCE Pursuant to the local rules governing the Lackawanna County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: - 1. Defendant is the owner of the property which is the subject of this mortgage foreclosure action; - 2. Defendant lives in the subject property which is defendant's primary residence; - 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference under Lacka. Co. R.C.P. 1143.1. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. _____ Signature of Defendant/Defendant's Counsel _____ Date

CRITICAL

Applies to

Post trial motion

A post-trial motion based on matters outside the record must be filed as a petition for rule to show cause and supported by affidavits or depositions upon argument.

Whenever a post-trial motion is based upon matters not appearing of record, it shall be made in the form of a petition for rule to show cause and shall be supported by affidavits or depositions upon argument thereof.

CRITICAL

Applies to

Petition to vacate writ of seizure

A petition to vacate a writ of seizure must include a rule to show cause and follow the procedure in Lacka. Co. R.C.P. 206.

A petition to vacate a writ of seizure as provided in Pa. R.Civ.P. 1075.1(g) shall be accompanied by a rule to show cause and shall follow the procedure set out in Lacka. Co. R.C.P. 206.

CRITICAL

Applies to

Petition for counsel fee

A petition seeking a counsel fee from a minor’s estate must include counsel’s detailed statement of the nature and extent of the services performed.

A petition for the allowance of a counsel fee from a minor's estate shall include a statement of counsel setting forth in detail the nature and extent of the services performed by him.

CRITICAL

Applies to

Transcript request

A party proceeding in forma pauperis for transcripts must attach the order approving that status to the Request for Transcript form.

Where a party proceeds in forma pauperis for transcripts, a copy of the Order approving in forma pauperis status shall be attached to the Request for Transcript form.

CRITICAL

Applies to

Confidential information form

The Confidential Information Form includes a certification that the filing complies with the policy’s different filing requirements for confidential information and documents.

I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

CRITICAL

Applies to

Sale notice

For covered real-property sales, handbills, written notices, and publications must include the property’s street address, defined by the street number and name or, if no number exists, by the specified location between nearby street numbers or intersecting streets and the street name.

(a) Whenever a sale of real property is governed by Pa. R.Civ.P. 3129.1, all handbills, written notices, and publications shall include, as part of the location of the property, a street address. (b) Street address is defined as the street number and street name where a number exists. Where no street number exists, the street address is defined as the land and/or portion of land between the nearest two street numbers and/or intersecting streets which do exist and the street name.

CRITICAL

Applies to

Motion for judgment on the pleadings

A party filing a motion for judgment on the pleadings must file the original with the Clerk of Judicial Records and deliver a copy to the Court Administrator with a praecipe for assignment.

A party filing a motion for judgment on the pleadings shall file the original motion for judgment on the pleadings with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co. R.C.P. 211.

CRITICAL

Prepare a schedule of trial exhibits that identifies those agreed to be admissible and states the grounds for objections to the others.

(6) Exhibits. A schedule of all exhibits to be offered in evidence at trial, together with a statement of those agreed to be admissible and the grounds for objection to any not so agreed upon.

CRITICAL

Applies to

New civil action filing

A document used to commence a new civil action will not be accepted unless accompanied by a completed Civil Cover Sheet in the Appendix’s Form 1 format.

No summons, complaint, pleading or other document used to commence a new civil action will be accepted for filing by the Clerk of Judicial Records unless it is accompanied by a duly completed Civil Cover Sheet in the format set forth in Form 1 of the Appendix.

CRITICAL

Applies to

Confidential information form

When confidential information is included in a filing, it must be provided on a Confidential Information Form filed contemporaneously with the document.

The following information is confidential and shall not be included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document:

CRITICAL

Applies to

Motion

Each motion must include a brief statement of applicable authority with citations to the official reporters.

In addition to the form and content requirements set forth in Pa.R.Civ.P. 208.2, a motion shall include a brief statement of the applicable authority with citations to the official reporters.

CRITICAL

Applies to

Civil cover sheet

For an action commenced under statutory authority, the specific statute must be identified with a full citation.

If the action is commenced pursuant to statutory authority, the specific statute must be identified with full citation.

CRITICAL

Applies to

Appointment decree

A decree appointing a guardian ad litem or trustee ad litem must specify when the appointee must file a report.

The decree appointing a guardian ad litem or a trustee ad litem shall specify the time within which said guardian or trustee shall file a report.

CRITICAL

Applies to

Financial worksheet

To participate in the conciliation conference, the defendant/borrower must complete a financial worksheet in advance of the conference.

The defendant/borrower shall be entitled to participate in a court-supervised conciliation conference with the plaintiff/borrower in all residential mortgage foreclosure actions in which the defendant/borrower: (i) has been served with a Notice of Residential Mortgage Foreclosure Diversion Program pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c); (ii) has completed a financial worksheet in the format set forth in Form 14 of the Appendix in advance of the Conciliation Conference; and (iii) has filed and served a Request for Conciliation Conference.

CRITICAL

Applies to

Certificate of readiness

A Certificate of Readiness in the prescribed form must be filed for a civil case to be assigned to a judge for trial.

ALL CIVIL CASES SHALL BE ASSIGNED TO A JUDGE FOR TRIAL BY THE COURT ADMINISTRATOR UPON THE FILING OF A CERTIFICATE OF READINESS IN THE FOLLOWING FORM:

CRITICAL

Applies to

Complaint

The complaint must include a Notice of Residential Mortgage Foreclosure Diversion Program.

In addition to the Civil Cover Sheet bearing the case code designation "RP/MF/RES," the complaint shall include a "Notice of Residential Mortgage Foreclosure Diversion Program" in the format set forth in Form 8 of the Appendix.

CRITICAL

Applies to

Confidential document

The listed confidential documents must be filed with a court or custodian together with the Confidential Document Form.

The following documents are confidential and shall be filed with a court or custodian with the "Confidential Document Form":

CRITICAL

Applies to

Notice of intended assessment of damages

The notice must state that damages will be assessed at the repair-bill amount unless the defendant files a written praecipe requesting a trial on damages before the intended assessment date.

Said notice shall contain a statement that damages will be assessed in the amount of the repair bill unless, prior to the date of intended assessment, the defendant files a written praecipe with the Clerk of Judicial Records requesting trial on the issue of such damages.

CRITICAL

Applies to

Affidavit

The plaintiff must file with the praecipe an affidavit indicating when the notice of intended assessment of damages was mailed to the defendant.

Together with the praecipe waiving any damages other than the cost of repairs, the plaintiff shall file an affidavit indicting the date of the mailing to defendant of the notice of the intended assessment of damages

CRITICAL

Applies to

Arbitration notice

The Court Administrator's arbitration notice must contain the specified warning about an absent party, a hearing before a judge, and the lack of a right to trial de novo.

The Court Administrator's Notice of the Arbitration forwarded to the Parties or their Legal Representatives shall contain the following language: THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED BUT, IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. (PA. R.CIV.P. 1303(A)(2); LACKA. CO. R.C.P. 1301(A).)

CRITICAL

Counsel must review offered videotaped or deposition testimony to remove material unnecessary for the factfinder and designate deposition portions by page and interrogatories by number; the source text cuts off after “at.”

(a) Where the videotape or deposition of a witness is to be offered in evidence, counsel shall review it so that there can be eliminated irrelevancies, side comments, resolved objections and other matters not necessary for consideration by the trier of fact. Counsel shall designate by page the specific portions of deposition testimony and by number the interrogatories which shall be offered in evidence at

CRITICALCriminal cases

Applies to

Points for charge

Points for charge must cite the authority on which they are based.

which s~all cite the authority upon which they are based

CRITICAL

Applies to

Complaint

In covered residential mortgage foreclosure actions, the complaint must include a Civil Cover Sheet bearing case code designation "RP/MF/RES."

In all residential mortgage foreclosure actions involving a residential property which serves as the primary residence of the defendant/borrower, the complaint must include a Civil Cover Sheet bearing the case code designation "RP/MF/RES" as required by Lacka. Co. R.C.P. 205.2(b).

CRITICAL

Applies to

Real estate tax assessment appeal

The appeal must state its nature and reasons.

(3) Nature of and reasons for the appeal.

CRITICAL

Applies to

Publication notice

The publication notice in an equitable-relief action must substantially follow the prescribed form, which begins with the Commonwealth and county identification.

(a) Service upon a defendant by publication in an action seeking equitable relief shall be made by publishing once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form. Commonwealth of Pennsylvania County of Lackawanna

CRITICAL

Applies to

Discovery motion

A discovery motion must include counsel's signed certification of a good-faith effort to confer or attempt to confer with all interested parties to resolve the issues by agreement.

Any Motion relating to discovery shall include a certification signed by counsel for the moving party certifying that counsel has conferred or attempted to confer with all interested parties in a good faith effort to resolve by agreement the issues raised by the motion without court

CRITICAL

Applies to

Attorney address filing

An attorney admitted under the rule must file an address for service or receipt with the Clerk and promptly report address changes.

(c) Any attorney admitted to the bar of this court under this rule shall file with the Clerk of Judicial Records of Lackawanna County an address for the service or receipt of all pleadings, motions, notices and other papers served or sent in pursuance of the rules of this court. Any changes of address shall be reported promptly to the Clerk of Judicial Records.

CRITICAL

Applies to

Financial worksheet

A represented person need not contact a housing counseling agency but must complete the attached financial worksheet format with their attorney.

If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender.

CRITICAL

Applies to

Civil cover sheet

Copies of the Civil Cover Sheet must be attached to service copies of the document commencing the action.

Copies of the Civil Cover Sheet shall be attached to service copies of the document commencing the action.

CRITICAL

Applies to

Civil cover sheet

Individual names must be listed in last-name, first-name, middle-initial order.

Names of individuals shall be listed as last name, first name, middle initial.

CRITICAL

Applies to

Requested point for charge

Each requested point for charge must cite its supporting legal authority immediately after the point.

For each requested point for charge, counsel shall cite the legal authority as the basis for which that particular point is requested which citation shall be made immediately following the particular request to which it applies.

CRITICAL

Applies to

Notice of intervention

Must include

caption

A Notice of Intervention must identify the intervening party as the intervenor in the caption and state that the identified party is intervening.

(b) Notice of Intervention shall contain the name of the intervening party designated as intervenor in the caption, and shall set forth that such identified party is intervening.

CRITICAL

Applies to

Notice

The notice must name the decedent and state the court, term, and action number.

The notice prescribed in Pa. R.Civ.P. 2005 shall name the decedent and state the court, term and number of the action.

CRITICAL

Applies to

Discontinuance petition and rule to show cause

A plaintiff seeking to discontinue an action as to fewer than all defendants must obtain leave of court by petition and rule to show cause.

Leave of court is required for a plaintiff to discontinue an action as to less than all defendants. Such leave of court shall be sought by petition and rule to show cause.

CRITICAL

Applies to

Attorney agreement

Attorney agreements concerning court business must be signed in writing by all parties or entered on the record, or they are invalid if disputed by a party to the alleged agreement.

All agreements of attorneys pertaining to the business of the Court of Common Pleas of Lackawanna County shall be in writing signed by all parties to the agreement or shall be entered on the record made in the course of a court proceeding; otherwise, such agreements shall have no validity if disputed by any party to the alleged agreement.

CRITICAL

Applies to

Complaint

Every covered complaint must include a notice to defendant designating Northeastern Pennsylvania Legal Services and its listed contact information.

The agencies to be designated on the notice to defendant which is required by Pa. R.Civ.P. 1018.1 to appear in every complaint filed in the Court of Common Pleas of Lackawanna County by a plaintiff or by a defendant against an additional defendant shall be as follows: Northeastern Pennsylvania Legal Services 33 N. Main Street, Suite 200 Pittston, PA 18640 Telephone (570) 299-4100

CRITICAL

Applies to

Stipulation

If all parties settle before testimony begins at the arbitration hearing, they must sign a stipulation stating the exact form of any desired arbitration award and furnish it to the Court Administrator or arbitration panel.

(i) In any instance where all parties in an arbitration case agree to a settlement prior to the taking of any testimony at the arbitration hearing the parties shall sign a stipulation stating the exact form of any desired arbitration award, which stipulation shall be furnished to the Court Administrator or to the arbitration panel.

CRITICAL

Applies to

Motion

A moving party relying on an unpublished opinion must attach a copy to the motion.

If a moving party relied upon an unpublished opinion as authority, a copy of the unpublished opinion must accompany the motion as an attachment.

CRITICAL

Applies to

Petition and rule to show cause

After presentment, the petitioner must secure the required return and hearing dates and file the original petition and rule to show cause with the Clerk.

Following presentment of the petition to the Motions Court judge, the petitioner shall proceed pursuant to Lacka. Co. R.C.P. 211 and secure a rule returnable date and a hearing date, if necessary, from the Court Administrator and shall thereafter file the original petition and rule to show cause with the Clerk of Judicial Records, with copies of the same being served upon all counsel and unrepresented parties in accordance with the Pennsylvania Rules of Civil Procedure and Lacka. Co. R.C.P. 440.

CRITICAL

Applies to

Petition

An application to join another person as a party must be made by petition and rule to show cause.

An application under Pa. R.C.P. 2232(c) to join as a party any other person who could have joined or have been joined as such in the action shall be by petition and rule to show cause.

CRITICAL

Applies to

Motion

When proceeds are to be paid in a covered wrongful-death and survival action, the plaintiff must submit a motion for approval that includes the proposed allocation and attaches documented confirmation that the Pennsylvania Department of Revenue does not object to the apportionment.

Whenever any sum of money is to be paid to the plaintiff in settlement of claims or satisfaction of a verdict or judgment in an action for damages under the Wrongful Death Act, 42 Pa.C.S. § 8301, and the Survival Act, 42 Pa.C.S. § 8302, the plaintiff shall present a motion for approval of the proposed distribution of proceeds pursuant to the procedure set forth in Lacka. Co. R.C.P. 208.3(a). The motion shall include, inter alia, the proposed allocation of the proceeds between the wrongful death and survival claims and shall attach correspondence or some other form of documented communication from the Pennsylvania Department of Revenue confirming that it does not object to the proposed apportionment of the proceeds between the wrongful death claim and the survival claim.

CRITICAL

Applies to

Abstract of title

An abstract of title must specify the relied-on facts or equitable matters, reference and abstract all records, and provide the stated dates and recording details for deeds, mortgages, or contracts.

Abstracts of title shall contain a specification of all facts or equitable matter on which the party relies, a reference to all records, an abstract thereof, and, as to deeds, mortgages, or contracts, shall give their date, the date of acknowledgement, and if recorded, when and where recorded.

CRITICAL

Applies to

Account

An account will not be accepted for filing and advertisement unless accompanied by the applicable petition or statement, its required exhibits, and the listed materials.

No account shall be accepted for filing and advertisement unless accompanied by the applicable Supreme Court-approved petition for adjudication/statement of proposed distribution, all the exhibits required by such petition/statement, and the following: (a) Checklist; (b) Releases and consents as required or as desired by the accountant to be attached for filing; (c) Legal description of real estate to be distributed in kind; and, (d) Copies of all agreements in respect to settlements and compromises.

CRITICALCriminal cases

Applies to

Arraignment notice

After the specified preliminary hearing, the issuing authority must provide a written arraignment notice in the prescribed form.

(b) At the conclusion of a preliminary hearing in which a defendant is bound over for action by the Court of Common Pleas, the issuing authority will provide written notices of arraignment in accordance with the following form:

CRITICAL

Applies to

Petition

An application to join an unwilling co-owner must be made by petition and rule to show cause, and the petition must state the substantive grounds for joinder.

Application under Pa. R.Civ.P. 2227(b) to join an unwilling co-owner of a solely joint cause of action as a defendant or an involuntary plaintiff in an action shall be by petition and rule to show cause; the petition shall set forth the substantive grounds for such joinder.

CRITICAL

Applies to

Complaint

In specified personal-injury or property-injury actions with unliquidated damages, the complaint must state only whether damages exceed the amount below which cases must be presented to arbitration.

In actions for injury to persons or property where some or all of the damages are not liquidated, the claims for relief in the complaint, in specifying the amounts of damages to which the party deems himself entitled, shall state only that said damages are in excess of, or not in excess of the amount below which cases are required to be presented to arbitration.

CRITICAL

Applies to

Residential mortgage foreclosure filing

For a residential mortgage foreclosure action coded “RP/MF/RES,” commencement documents will not be accepted unless accompanied by the Notice of Residential Mortgage Foreclosure Diversion Program form in Appendix Form 8 format.

In all residential mortgage foreclosure actions bearing the case code designation "RP/MF/RES" on the Civil Cover Sheet, no summons, complaint, pleading or other document used to commence a new residential mortgage foreclosure civil action will be accepted for filing by the Clerk of Judicial Records unless it is accompanied by a Notice of Residential Mortgage Foreclosure Diversion Program form in the format set forth in Form 8 of the Appendix.

CRITICAL

Applies to

Pre trial order

The pre-trial order must include a comprehensive written stipulation of uncontested facts in a form that can be read to the jury as its first evidence at trial.

(2) Facts. A comprehensive written stipulation of all uncontested facts in such form that it can be read to the jury as the first evidence at trial.

CRITICAL

Applies to

All papers

Must include

caption, case number

All papers filed in Court or the Clerk’s office must include the matter’s file number, year, and name in the caption.

The Clerk shall assign to each new matter a file number, starting with No. 1 at the beginning of each calendar year and consecutively thereafter. The file number and year and the name of the matter shall be included in the caption of all papers filed in Court or in the Clerk's office.

CRITICAL

Applies to

Case management proposal

The proposal's certification states that it was forwarded to all parties at least 15 days earlier and that no party objected.

I hereby certify that the aforementioned Proposal has been forwarded to all Parties on _____, at least fifteen (15) days have clapsed, and no Party has objected to the Case Management Proposal.

CRITICAL

Applies to

Praecipe

The praecipe to show cause why a successor should not be substituted must state the successor’s last known address.

The praecipe filed with the Clerk of Judicial Records pursuant to Pa. R.C.P. 2352(b) to show cause why the successor should not be substituted as a party shall set forth the last known address of the successor.

CRITICAL

Applies to

Brief

A party must file the original brief with the Clerk of Judicial Records and provide copies to the assigned judge and opposing counsel according to the Court Administrator’s schedule.

The original of a party's brief shall be filed with the Clerk of Judicial Records and copies shall be provided to the assigned judge and all opposing counsel in accordance with the schedule set by the Court Administrator.

CRITICAL

Applies to

Moving party brief

The moving party’s brief must include the case’s procedural history, a statement of facts, questions involved, and an argument.

The brief of the moving party shall contain a procedural history of the case, a statement of facts, a statement of questions involved, and an argument.

CRITICALCriminal cases

Applies to

Approved list qualification

A professional bondsman must file a copy of a currently valid Pennsylvania Insurance Department registration and license with the Clerk to qualify for the approved list.

(1) has filed with the Clerk a copy of a currently valid registration and license from the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 42 Pa.C.S.A. § 5742;

CRITICAL

Applies to

Transcription notice

The transcription notice must state the case caption, relevant proceeding dates and type, and the date the transcript is required.

Said notice shall contain: (1) the full caption of the case; (2) the date(s) of the proceeding(s) for which a transcription is deemed necessary; (3) the type of proceeding for which the transcription is deemed necessary; and (4) the date on which the transcription is required, which date should be no later than seven (7) days prior to the scheduled date of argument.

CRITICAL

Applies to

Requests for findings of fact and conclusions of law

In civil non-jury actions, each party's counsel must present requests for findings of fact and conclusions of law to the trial judge and file them with the Clerk of Judicial Records.

In all civil actions tried by a judge without a jury, counsel for the respective parties shall each present to the trial judge requests for findings of fact and conclusions of law. These requests shall be filed with the Clerk of Judicial Records and shall thereby become part of the record of the court in the case.

CRITICALCriminal cases

Applies to

Plea agreement

A plea agreement presented to the court must be written and signed by all parties before it is accepted.

All plea agreements presented to the court must be in written form with signatures of all parties affixed prior to acceptance.

CRITICAL

Applies to

Proof of service

The Notice of Intervention's proof of service must be a verified statement confirming certified or registered mail service, with the sender's receipt attached.

(d) Intervenor shall file with the Clerk of Judicial Records within ten (10) days of the filing of Notice of Intervention, proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.Civ.P. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICAL

Applies to

Motion to withdraw

Counsel may withdraw only with leave of court or the party’s written consent; the motion must be presented to the trial judge if the case has been assigned for trial or tried, and otherwise at motion court, where a rule to show cause must issue to the client and all other parties.

(b) Appearance of counsel shall not be withdrawn except by leave of court or by written consent of the party. If at the time that withdrawal is sought, the case has been assigned to a judge for trial or has been tried, a motion to withdraw shall be presented to the trial judge for determination. Otherwise, such motion shall be presented at motion court and a rule to show cause shall issue to the client represented by the movant and to all other parties in the litigation.

CRITICAL

Applies to

Post trial motion

A post-trial motion must specifically identify the alleged errors supporting it and may be dismissed if its stated reasons are conclusory, captious, or unsupported by the record.

All motions of the type set forth in paragraph (a) above shall contain specific references to the alleged errors which form the basis of the motion. A post-trial motion will be dismissed as of course as dilatory and in needless expense to the county and to the litigants if the reason set forth are mere conclusions, are captious, or are not supported by the record.

CRITICAL

Applies to

Real estate tax assessment appeal

The appeal must reference the Board decision being appealed and attach a copy of the Board’s notice of decision as an exhibit.

(4) Reference to the decision of Lackawanna County Board of Assessment Appeals (Board) from which the appeal is taken. A Copy of the Board’s notice of decision shall be attached as an exhibit.

CRITICAL

Applies to

Publication notice

The prescribed publication notice advises a defendant wishing to defend to enter a written appearance and file written defenses or objections with the court.

If you wish to defend, you must enter a written appearance personally or by attorney and file our defenses or objections in writing with the court.

CRITICAL

Applies to

Jury trial waiver

In a non-jury trial, the jury-trial waiver must be executed and filed no later than the day trial begins.

In all non-jury trials, the appropriate waiver of a jury trial shall be executed and filed no later than the day trial commences.

CRITICAL

Applies to

Arbitration panel submission

The arbitration panel must file its findings and any award within seven days after the hearing; it may also choose to submit a written opinion.

The arbitration panel shall file its findings and award, if any, as well as any written opinion as in its discretion it may choose to submit, within seven days from the conclusion of the hearing in each case.

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

Must include

proposed order

An omnibus pretrial motion must have an attached proposed order setting a date and time for its hearing.

(1) have attached thereto a proposed order for the fixing of a date and time for a hearing on said motion; and,

CRITICALCriminal cases

Applies to

Ard application

If the defendant is not a first offender or the offense does not qualify for ARD, the application or an amendment must set forth exceptional and compelling reasons to avoid disapproval.

(3) If the defendant is not a first offender or if the offense charged does not qualify for ARD treatment, the District Attorney will disapprove the application unless there are exceptional and compelling reasons set forth in the application or in an amendment thereto.

CRITICAL

Applies to

Advertisement

The account advertisement must identify the estate, accountant, and counsel, and substantially include the prescribed information about examination, objections, adjudication, and distribution.

The advertisement required by this rule shall list the name of the estate, the name and capacity of the accountant, and the name of counsel for the accountant. The advertisement shall state in substance: The following accounts have been filed and may be examined in the Clerk of the Orphans' Court office. If you desire to object, the same may be accomplished by filing that objection in writing with the Clerk prior to _____ the day of _____, _____. The account will be filed by the Clerk with the Orphans' Court for adjudication and confirmation on Tuesday, the _____ day of _____ and distribution may be ordered or authorized without further notice if no objections are filed prior to that date.

CRITICAL

Applies to

Civil cover sheet

An attorney or pro se party commencing a civil action must file a properly completed Civil Cover Sheet.

An attorney or pro se party filing a document commencing any type of civil action shall file a properly completed Civil Cover Sheet.

CRITICAL

Applies to

Motion

Every motion must include counsel's certification that concurrence was sought from each party and, when appropriate, that the motion is uncontested.

All motions shall contain a certification by counsel for the movant that counsel has sought concurrence in the motion from each party and, when appropriate, that the motion being presented is uncontested.

CRITICAL

Applies to

Notice

The notice must identify the action and its parties and nature, and warn the recipient to join within twenty days after receipt or have the cause of action barred.

The notice shall state the court, term, and number of the action, the parties thereto, and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after the receipt of such notice or his or her cause of action will be barred and the action will proceed without him or her.

CRITICAL

Applies to

Confidential document form

The entire Confidential Document Form must be completed, with all applicable items checked.

Complete the entire form and check all that apply.

CRITICAL

Applies to

Financial worksheet form 14

For a represented defendant/borrower, counsel must complete Form 14 as a condition of relying on the counselor-meeting exception.

If the defendant/borrower is represented by counsel, the defendant/borrower need not contact and meet with one of the identified housing counselors as a condition precedent to requesting a Conciliation Conference, provided that counsel for the defendant/borrower completes the prescribed financial worksheet (Form 14), and files the Request for Conciliation Conference form within the time deadlines set forth in the applicable Notice.

CRITICAL

Include special comments about legal issues or pleading amendments not otherwise set forth.

(7) Legal Issues and Pleadings. Special comments regarding the legal issues or any amendments to the pleadings not otherwise set forth.

CRITICAL

Applies to

Request for conciliation conference

An eligible defendant/borrower who has taken the stated affirmative steps must file a Request for Conciliation Conference.

(c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversion Program” to be eligible to participate in a court-supervised conciliation conference under this Rule, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.

CRITICALCriminal cases

Applies to

Ard application

consent that the District Attorney has reviewed the application and consents to the same.

consent that the District Attorney has reviewed the application and consents to the same.

CRITICAL

Applies to

Document containing confidential information

A person filing a document containing confidential information must use and file a Confidential Information Form.

any person or persons who files documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form in order to comply with the Policy.

CRITICAL

Applies to

Pretrial status conference memorandum

A Pretrial Status Conference Memorandum must include the specified facts, stipulations, witnesses, exhibits, legal issues, and any special problems.

(c) Pretrial Status Conference Memorandum shall contain a summary statement of facts, stipulations desired, witnesses expected to be called, exhibits expected to be offered, legal issues, and special problems presented, if any.

CRITICAL

Applies to

Protracted case designation certification

The protracted-case designation certification must state that trial requires at least eight days, including jury selection, and that all listed counsel and unrepresented parties concur with the designation.

I CERTIFY, SUBJECT TO PA.R.C.P. 1023.1 TO 1023.4, THAT THE TRIAL OF THIS CASE WILL REQUIRE AT LEAST EIGHT (8) DAYS OF TOTAL TRIAL TIME, INCLUDING JURY SELECTION, AND THAT ALL COUNSEL AND UNREPRESENTED PARTIES LISTED BELOW CONCUR WITH THE DESIGNATION OF THIS MATTER AS A PROTRACTED CASE PURSUANT TO LACKA.CO.R.C.P. 214.2

CRITICAL

Applies to

Motion for leave to file certificate of readiness

If an objection is believed to be frivolous or asserted for an improper purpose, the party or lawyer seeking to certify the case must move the Motion Court judge for leave to file over the objection.

In the event that an attorney or party objects to the filing of a Certificate of Readiness, and the attorney or party seeking to certify the case for trial believes that the objection is frivolous or being asserted for an improper purpose such as to unnecessarily delay the disposition of the litigation, the attorney or party seeking to certify the case for trial shall present a motion to the Motion Court judge pursuant to Lacka. Co. R.C.P. 208.3(a) requesting leave of court to file a Certificate of Readiness over the objection of the opposing party or counsel.

CRITICAL

Applies to

Pre trial order

A party seeking damages must list each claimed item under a separate descriptive heading, describe each item in detail, and state the amount claimed.

(a) A party seeking damages shall list each item claimed under a separate descriptive heading (personal injury, wrongful death, loss of profits, survival, loss of wages, deprivation of civil rights, punitive damages, false imprisonment, libel, slander, property damage, pain, suffering, past and future medical expense, balance due under contract, performance due under contract, interest, etc.) and shall provide a detailed description of each item, and state the amount of damages claimed.

CRITICAL

Applies to

Statement of account

The defendant must state the account and file its statement with the Clerk of Judicial Records.

(a) Time for filing Account. When a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days, unless the court shall for cause shown allow a longer time, state the account and file the statement thereof in the office of the Clerk of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.

CRITICAL

Applies to

Filing with confidential document

The Confidential Document Form must accompany a filing when a confidential document is required by law, court order, or to dispose of the matter.

Pursuant to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, the Confidential Document Form shall accompany a filing where a confidential document is required by law, ordered by the court, or is otherwise necessary to effect the disposition of a matter.

CRITICAL

Legal issues and the principal authorities relied upon must be stated under separate paragraphs.

(4) Legal Issues. Under separate paragraphs, each legal issue that must be decided and the principal constitutional, statutory, regulatory, and decisional authorities relied upon.

CRITICAL

Applies to

Case management proposal

After pleadings close, plaintiffs must complete a Case Management Proposal with the specified proposed deadlines, except in medical professional liability actions and designated protracted cases.

With the exception of medical professional liability actions and protracted cases governed by Lacka.Co.R.C.P. 214.2, and upon closure of the pleadings, the plaintiff(s) shall complete and forward to all parties a Case Management Proposal in substantial compliance with Form 15 in the attached Appendix. The Case Management Proposal shall set forth proposed deadlines for the completion of discovery, exchange of expert reports, and the filing of dispositive motions.

CRITICAL

Applies to

Affidavit

The plaintiff must file with the praecipe an affidavit from the repair person containing an itemized repair bill and the specified statements about qualifications, necessity, and customary reasonable prices.

and an affidavit of the person who performed the repairs containing an itemized repair bill setting forth the charges for labor and material used in the repair of the property and a statement indicating the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged.

CRITICAL

When testimony concerns a listed geographical feature or location, the plaintiff must furnish an exhibit usable in the courtroom to aid oral testimony.

(b) Where testimony is expected to be offered as to geographical location, building, structure, waterway, highway, road, walkway, or parcel of real estate, plaintiff shall furnish an exhibit in such form that it can be used in the courtroom as an aid to oral testimony.

CRITICAL

Applies to

Attorney practice information

Each actively practicing attorney must file information about their practice arrangement and length of practice with the Court Administrator.

Each attorney engaged in active practice in this court shall file with the court Administrator information indicating whether he or she is practicing alone, is associated with one or more attorneys, or is a member of a firm, and further indicating the length of time he or she has actively engaged in the practice of law.

CRITICAL

Applies to

Amended pleading

Before trial, amended pleadings must be executed, verified, and filed, but exhibits attached to prior pleadings need not be recopied.

When an amendment to a pleading is allowed or is made prior to trial, the whole pleadings, as amended, shall be executed, verified, and filed, provided that, exhibits attached to prior pleadings need not be recopied into the amended pleadings.

CRITICAL

Applies to

Affidavit

The affidavit must certify service of the Notice and the stated facts about the defendant’s participation and the parties’ conciliation conference.

I, _____, counsel for plaintiff in the above action, do hereby certify that on _____, I served the "Notice of Residential Mortgage Foreclosure Diversion Program" upon defendant(s) or defendant's counsel and that: - More than 60 days have elapsed since the service of the Notice and, to the best of my knowledge, information and belief, defendant has not opted to participate in the diversion program by taking the affirmative steps required by the Notice. - Plaintiff(s) and defendant(s) have participated in a court-supervised conciliation conference, but the parties have been unable to resolve this matter and no further conciliation conferences have been scheduled.

CRITICAL

Applies to

Real estate tax assessment appeal

A real estate tax assessment appeal must be captioned “Real Estate Tax Assessment Appeal.”

(a) A real estate tax assessment appeal from a decision of the Lackawanna County Board of Assessment Appeals as to the amount of assessment for real estate tax purposes or as to exemption of real estate from payment of real estate taxes shall be captioned “Real Estate Tax Assessment Appeal” and shall be fixed with the Clerk of Judicial Records within the time prescribed by statute.

CRITICAL

Applies to

In forma pauperis application

An attorney-represented party seeking in forma pauperis status must file the prescribed praecipe; in all other cases, the party must file the prescribed petition and affidavit.

(b) If the party is represented by an attorney, The Clerk of Judicial Records shall allow the party to proceed in forma pauperis upon the filing of a praecipe in the form prescribed by Pa. R.Civ.P. 240(d)(1) and (i). In all other cases, the parties seeking to proceed in forma pauperis shall file a petition and an affidavit in the form prescribed by Pa. R.Civ.P. 240(c) and (h).

CRITICAL

Applies to

Request for conciliation conference

A defendant/borrower who was not served with the specified Notice may participate in a court-supervised conference if they complete Form 14, file the request with the Clerk, and deliver a time-stamped copy to the Court Administrator.

In the event that the defendant/borrower has not been served with a Notice of Residential Mortgage Foreclosure Diversion Program pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c), the defendant/borrower in a residential mortgage foreclosure action shall have the right to participate in a court-supervised conciliation conference provided that the defendant/borrower completes a financial worksheet (Form 14), files a Request for Conciliation Conference form with the Clerk of Judicial Records and delivers a time-stamped copy to the Court Administrator.

CRITICAL

Applies to

Affidavit

The individual surety’s affidavit must be filed together with the bond when the bond is filed for approval.

(a) Individual Sureties. Individuals proposed as sureties on bonds of fiduciaries shall make an affidavit on the printed form supplied by the Clerk, setting forth the facts required thereby. Such affidavit shall be filed together with the bond when that is filed for approval.

CRITICAL

Applies to

Objection filing

Must include

certificate of service

When filing objections, the objector’s attorney must file a written certification of notice with a copy of the notice and the names and addresses of those notified.

(d) Return of Notice. At the time of the filing of the objections, the attorney for the objector shall file a written certification that due notice of the filing thereof was given as required by these rules to which certification shall be attached a copy of said notice, as well as the names and addresses of all Interested Parties notified or their attorneys.

CRITICAL

Applies to

Preliminary objections

A party filing preliminary objections must file the original with the Clerk of Judicial Records and deliver a copy to the Court Administrator with a praecipe for assignment.

A party filing preliminary objections shall file the original preliminary objections with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co. R.C.P. 211.

CRITICAL

Applies to

Financial worksheet

Represented parties and their attorneys must complete a financial worksheet to submit a loan resolution proposal.

However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender.

CRITICAL

Applies to

Civil cover sheet

If there are more than three plaintiffs or defendants, a supplemental form listing the additional parties must be attached to the Civil Cover Sheet.

Where there are more than three plaintiffs or defendants, a supplemental form listing the additional parties shall be attached to the Cover Sheet.

CRITICAL

Applies to

Civil cover sheet

The full names of agencies and corporations must be provided.

Full names of agencies and corporations shall be provided.

CRITICALCriminal cases

Applies to

Probation without verdict application

An application for probation without verdict must contain the listed applicant information and statements, including the applicant's background, charged offense, intent to proceed under Section 17, relevant facts, and statements about eligibility, counsel's advice, and the District Attorney's consent.

(b) Applications probation without verdict shall contain the following: (1 applicant's age place of (2) applicant's educational background; (3) applicant's marital status and occupation or place of employment; (4) statement the offense with which applicant is charged this court; (5) statement to the effect that he desires to proceed in accordance with Section 17 of the Controlled Substance, Drug, Device and Cosmetic Act; (6) a statement to the effect that he has not previously been convicted of an offense under the Act or under a similar act of the United States any state, and that eligible probation without verdict ifhe nolo contendere guilty; (7) any other facts considercd relevant to his application for probation without verdict; (8) a statement to the effect that he has been thoroughly advised by his attorney that probation without verdict shall be available to him only once; that, upon successful completion of the probation, the court shan discharge him and dismiss the proceedings forthwith; that he understands upon violation of or condition of his probation court may enter a judgment and proceed as in any criminal case or may continue the probation without verdict; and, (9) consent to the that the District has the application and consents to same.

CRITICAL

Applies to

Pre trial order

The pre-trial order must state the damages claimed or the relief sought.

(3) Damages or Other Relief. A statement of damages claimed or relief sought.

CRITICAL

Previously filed related cases must be identified by caption and docket number, whether or not they have been consolidated.

Previously filed related cases must be identified by caption and docket number whether or not consolidated.

CRITICAL

Applies to

Real estate tax assessment appeal

Must include

caption

The appeal caption must identify the appellant and the Board as appellee, and a taxing-authority appellant must also name the property owner as respondent.

(1) Caption designating the named party taking the appeal as Appellant, the Lackawanna County Board of Assessment Appeal as Appellee, and if Appellant is a taxing authority it shall join the owner of the real estate involved as of course as a party in the assessment appeal by designating such named owner in the caption as Respondent.

CRITICAL

Applies to

Praecipe for assignment

A party must file a Praecipe for Assignment with the Clerk of Judicial Records and the Court Administrator to assign a motion or petition when no returnable rule sets a schedule.

To assign a motion or petition to a judge for disposition or to schedule a motion or petition for argument where a rule returnable does not set a schedule, a party shall file with the Clerk of Judicial Records and the Court Administrator a Praecipe for Assignment. See Appendix, Form 2.

CRITICAL

Applies to

Jury trial materials

In jury trials, jury-instruction requests with supporting citations, proposed voir dire questions, and jury interrogatories must be submitted.

In all jury trials, requests for instructions to the jury, together with citations to legal authorities in support thereof, proposed voir dire questions, and jury interrogatories shall be submitted in duplicate at chambers.

CRITICAL

Applies to

Complaint form

A claimant must complete and submit the attached Language Services Access Complaint Form to make a complaint.

La persona que tiene la queja (el reclamante) debe comunicarse con Frank Castellano, Esq., Coordinador de Acceso Lingüístico del 45 Distrito Judicial, para presentar su queja, para lo cual deberá llenar y entregar el Formulario de Quejas Sobre Acceso a Servicios Lingüísticos adjunto.

CRITICALCriminal cases

Applies to

Written authorization

When authorized in writing by the defendant and, if applicable, by any third party surety who posted the deposit the balance of such deposit, whic~ is refundable to the defendant or the third party surety, may be paid to the defend~nt's attorney of record upon the filmg of written authorization with the Clerk.

When authorized in writing by the defendant and, if applicable, by any third party surety who posted the deposit the balance of such deposit, whic~ is refundable to the defendant or the third party surety, may be paid to the defend~nt's attorney of record upon the filmg of written authorization with the Clerk.

CRITICAL

Applies to

Notice to serve

The notice to serve must use the form prescribed in Rule 400.1(b).

(b) The form of such notice to serve will read:

CRITICAL

Applies to

Publication notice

The replevin publication notice must substantially follow the prescribed form, including the warning, legal-help information, and identifying details.

(a) Service upon a defendant by publication in an action in replevin shall be made by publishing once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be substantial in the following form: Commonwealth of Pennsylvania County of Lackawanna (CASE CAPTION) To: ..... (Name of defendant) You are notified that _____ (Name of plaintiff) has commenced an action in replevin, which you are required to defend, and in which the following property may be seized: NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice of the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. (Offices to be listed are set forth in Lacka. Co. R.C.P. 1018.1) (Attorney for plaintiff) (Address of Attorney for plaintiff)

CRITICAL

Applies to

Certificate of readiness

A Certificate of Readiness must use the form attached as Form 7 to the Local Rules.

The Court Administrator shall assign a case for hearing or trial upon the filing of a Certificate of Readiness in the form attached to the Appendix of these Local Rules as Form 7.

CRITICAL

Applies to

Legal paper

Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.

Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.

CRITICAL

Applies to

Bill of costs exceptions

Exceptions to a bill of costs must include an affidavit supporting the asserted facts and detail the challenged items, unless the whole bill is challenged for a particular reason.

Any party desiring to challenge the correctness of a bill of costs may do so by filing with the Clerk of Judicial Records within ten (10) days after service of the bill of costs written exceptions thereto, accompanied by an affidavit attesting to the truth of the facts asserted within the exceptions. Exceptions to a bill of costs shall particularize the items objected to in detail unless the exceptions are to the whole bill for any particular reason.

CRITICAL

Applies to

Reasonable accommodation request

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form and return it to: Frank P. Castellano, Esq., District Court Administrator/ADA Coordinator, Lackawanna County Courthouse, 200 North Washington Avenue, Scranton, Pa. 18503; email to: castellanof@lackawannacounty.org; or fax to (570) 963-6477.

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form and return it to: Frank P. Castellano, Esq., District Court Administrator/ADA Coordinator, Lackawanna County Courthouse, 200 North Washington Avenue, Scranton, Pa. 18503; email to: castellanof@lackawannacounty.org; or fax to (570) 963-6477.

CRITICAL

Applies to

Real estate tax assessment appeal

The appeal must briefly describe the real estate and state its location, the owner’s name and address, and the municipality and school district.

(2) Brief description of the subject real estate, its location, name and address of the owner, and municipality and school district wherein the real estate is located.

CRITICAL

Applies to

Praecipe

The praecipe must waive damages other than the cost of repairs.

the praecipe waiving any damages other than the cost of repairs

CRITICALCriminal cases

Applies to

Approved list qualification

A professional bondsman must present proof of maintaining a business office in Lackawanna County to qualify for the approved list.

(2) presents proof that he maintains an office in Lackawanna County from which he conducts his business, pursuant to 42 Pa.C.S.A. § 5744; and,

CRITICAL

Applies to

Notice

The notice must state that the account was filed, explain the objection deadline and possible consequences, and advise recipients of the hearing appearance requirement.

(a) The notice shall set forth: (1) that the account has been filed with the Clerk of the Orphans’ Court Division; (2) that objections to the account may be made at any time prior to the day set forth for submission by the Clerk of the account to the Court by filing such objection in writing with the Clerk; (3) that the account will be submitted to the Court on the _____ day of _____ (the last Tuesday of January, March, May, July, September, or November) and final confirmation thereof and an adjudication or decree of distribution may be entered if written objections thereto are not filed with the Clerk prior to that date; (4) a statement that, if the person notified does not agree with the accountant’s interpretation, he or she must appear at the hearing on the audit in person or by counsel to present his or her contention, otherwise his or her failure to appear may be construed by the Court that he or she is in agreement with the accountant’s interpretation.

CRITICAL

Applies to

Brief

Briefs must accurately cite all official authorities relied upon and include a photocopy of any unofficial authority or authority not found in the Lackawanna County Law Library.

Briefs shall contain an accurate citation to all official authorities relied upon, and shall contain a photo copy of any unofficial authority or any authority not found within the Lackawanna County Law Library.

CRITICALCriminal cases

Applies to

Ard application

The ARD application must include an executed waiver of Pa.R.Crim.P. 1100.

The ARD application must be in form provided by the District Attorney's office and must include an executed waiver of Pa.R.Crin1.P. 1100.

CRITICAL

Applies to

Legal paper

Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in paper format.

Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in paper format.

CRITICAL

Applies to

Schedule of distribution notice

If the schedule includes additional receipts or disbursements not included in the adjudication or a revaluation of assets, the notice must say so.

Where the schedule contains items of additional receipts or disbursements not included in the adjudication and/or a revaluation of any assets, the notice shall so state.

WARNING

Applies to

Videotape deposition

Every videotape deposition must be accompanied by a typewritten transcript of the same testimony.

To serve this end all videotape depositions will be accompanied by a typewritten deposition of the same testimony.

WARNING

Applies to

Confidential document form

Filers are asked to attach only documents necessary for the purposes of the case.

Please only attach documents necessary for the purposes of this case.

WARNING

Applies to

Complaint form

Complete and return the complaint form to the ADA Coordinator.

Complete the complaint form and return to ADA Coordinator Frank P. Castellano, Esq.,

WARNING

Applies to

Notice

Notices that must be published in a legal periodical must be published in the Lackawanna Jurist.

The Lackawanna Jurist shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly or by rule or order of Court.

WARNING

Applies to

Pre trial settlement conference statement

The Settlement Master may require the parties to submit pretrial settlement conference statements in advance of the conference.

The Settlement Master may require the parties to submit pre-trial settlement conference statements in advance of the pre-trial settlement conference.

WARNING

Applies to

Pre trial order

Facts should not be denied unless opposing counsel expects to offer contrary trial evidence or genuinely challenges the fact on credible grounds.

(b) No facts should be denied unless opposing counsel expects to present contrary evidence on the point at trial, or genuinely challenges the fact on credible grounds.

WARNING

Applies to

Bond

An authorized corporate fiduciary need not provide a bond unless a statute requires one or special cause is shown.

(b) Security. Except when required by statute or for special cause shown, a bond will not be required of an authorized corporate fiduciary.

WARNING

Applies to

Civil cover sheet

The Civil Cover Sheet’s Remarks section is limited to procedural matters; related cases may be noted, but service difficulties and settlement-discussion status do not belong there.

The section labeled "Remarks" is for procedural matters only. These may include such matters as related cases where consolidation might be advisable. Matters such as expected difficulty with service of process or status of settlement discussions do not belong in the section.

WARNING

Applies to

Pre trial settlement conference statement

The Settlement Master may require the parties to submit pre-trial settlement conference statements before the settlement conference.

The Settlement Master may require the parties to submit pre-trial settlement conference statements in advance of the settlement conference.

WARNING

Applies to

Notice of intervention

A county, municipality, or school district not named as appellant may intervene during the appeal by filing a Notice of Intervention with the Clerk of Judicial Records.

(a) The County, municipality, or school district not named as Appellant may intervene as of course during pendency of the appeal by filing a Notice of Intervention with the Clerk of Judicial Records.

WARNINGCriminal cases

Applies to

Verified appraisal report

The surety may present a verified appraisal from a licensed local broker as an alternative valuation or if the assessed-value calculation is insufficient.

Alternatively, or if such calculation shall yield a value insufficient for the posting of bail, the surety may present a verified appraisal report from a licensed real estate broker doing business in the county where the realty is located establishing a higher valuation for the realty from which any mortgages, liens, or encumbrances will be subtracted.

WARNING

(e) Whenever practicable, a hypothetical question to be proposed to any expert witness shall be prepared in advance for submission to the court and parties in sufficient time as not to delay the trial. If impracticable at this stage, counsel shall arrange for its submission at a later time during trial.

(e) Whenever practicable, a hypothetical question to be proposed to any expert witness shall be prepared in advance for submission to the court and parties in sufficient time as not to delay the trial. If impracticable at this stage, counsel shall arrange for its submission at a later time during trial.

WARNING

Applies to

Pro hac vice motion

Eligible out-of-county or out-of-state attorneys may seek pro hac vice admission for a particular proceeding by oral motion of an associate attorney of record who is a member of the court’s bar.

(b) Attorneys of record of other counties of Pennsylvania, who have yet to be admitted to the bar of the Supreme Court of Pennsylvania but who are eligible for admission on motion to said bar, and attorneys of record from other states, who have been admitted to the general practice of law in such other states, may be admitted to practice pro hac vice in this court for a particular case or proceeding on oral motion of an associate attorney of record appearing in the case or proceeding who is a member of the bar of this court.

WARNING

Applies to

Amended pleading

An amendment allowed at trial need not be executed, verified, or filed if it is made part of the trial record.

Amendments to pleadings allowed at the trial need not be executed, verified, and filed if the amendment is made a part of the trial record.

WARNING

Applies to

Confidential document form

The Confidential Document Form need not be filed in cases sealed or exempted from public access under applicable authority.

Please note, this form does not need to be filed in types of cases that are sealed or exempted from public access pursuant to applicable authority (e.g. juvenile, adoption, etc.)

WARNING

Applies to

Confidential information form

The Confidential Information Form need not be filed in cases sealed or exempted from public access under applicable authority.

Please note this form does not need to be filed in types of cases that are sealed or exempted from public access pursuant to applicable authority (e.g. juvenile, adoption, etc.).

WARNING

Applies to

Transcription notice

the date on which the transcription is required, which date should be no later than seven (7) days prior to the scheduled date of argument.

the date on which the transcription is required, which date should be no later than seven (7) days prior to the scheduled date of argument.

WARNING

Applies to

Certificate of readiness

The Certificate of Readiness form calls for the requested trial type, estimated trial time, and preparation date.

| TYPE OF TRIAL REQUESTED Jury Non-Jury Additional | ESTIMATED TIME DAYS | DATE PREPARED |

WARNING

Applies to

Certification for protracted case designation

A case may be designated as a protracted case upon the filing of a Certification for Protracted Case Designation, subject to the provisions of Pa.R.C.P. 1023.1 to 1023.4, with the concurrence of all counsel of record and unrepresented parties in the form attached to the Appendix of these Local Rules as Form 7A.

A case may be designated as a protracted case upon the filing of a Certification for Protracted Case Designation, subject to the provisions of Pa.R.C.P. 1023.1 to 1023.4, with the concurrence of all counsel of record and unrepresented parties in the form attached to the Appendix of these Local Rules as Form 7A.

WARNING

Applies to

Proposed findings conclusions

The judge may request proposed findings and conclusions on class certification and sets their submission time if requested.

The judge to whom a class action is assigned may request the parties to submit proposed findings of fact and conclusions of law pertaining to the question of whether or not the case should be certified as a class action. In a case in which proposed findings of fact and conclusions of law are requested, the judge shall determine the time when they are to be submitted.

WARNING

Applies to

Pre trial order

(a) These facts should include all matters capable of ascertainment, such as ownership, agency, dimensions, physical characteristics, weather conditions, road surfaces, etc. Approximations and estimates which are satisfactory to counsel will be accepted by the Judge.

(a) These facts should include all matters capable of ascertainment, such as ownership, agency, dimensions, physical characteristics, weather conditions, road surfaces, etc. Approximations and estimates which are satisfactory to counsel will be accepted by the Judge.

INFOCriminal cases

Applies to

Waiver of arraignment

A defendant represented by counsel may waive formal arraignment by executing the prescribed waiver document.

(c) Upon receiving notice of arraignment, a defendant who is represented by counsel may waive the formal arraignment by executing the following document:

INFO

Applies to

Certificate of readiness

The Certificate of Readiness should identify the judge who decided a case-dispositive motion under the listed rules; whenever practicable, the case should be assigned to that judge.

The Certificate of Readiness should identify the judge who has decided any case dispositive motion under Lacka. Co. R.C.P. 1028, 1034, or 1035.2, and whenever practicable, the Court Administrator shall assign the case for hearing or trial to the judge who has decided that case dispositive motion.

INFO

Applies to

Language access complaint form

The person with the complaint (the complainant) should contact Frank Castellano, Esq., Judicial District Language Access Coordinator to report the complaint by completing and submitting the attached Language Access Complaint Form.

The person with the complaint (the complainant) should contact Frank Castellano, Esq., Judicial District Language Access Coordinator to report the complaint by completing and submitting the attached Language Access Complaint Form.

INFO

Applies to

Depositions and interrogatories

Depositions and interrogatories intended for cross-examination or impeachment need not be listed or purged.

(b) Depositions and interrogatories to be used for cross-examination or impeachment need not be listed or purged.

INFO

Applies to

Additional evidence

The accountant or counsel may submit additional documents they consider necessary or relevant as evidence for the Court.

In addition to the information and exhibits filed with the petition for adjudication, the accountant or his or her counsel may also submit to the Court for consideration as evidence any additional documents which the accountant thinks would be necessary or relevant for the Court’s consideration. (For example, this should include an entire trust document from which the relevant excerpts appear in the petition for adjudication.)