Court of Common Pleas of Lancaster County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Application for Re Entry
- 1 copy • Email
Defendant Pretrial Memorandum
- Email • At Least One Week Before Pretrial Conference
Exhibits
- 2 copies • On Day Trial Commences
Pretrial Memorandum
- 1 copy • At Least Two Weeks Before Pretrial Conference
Adjournments
- Continuances should be sought as soon as an issue arises affecting the party's or counsel's presence in court.
- For an agreed continuance, the requesting party must submit a motion and proposed order to chambers, include the reasons, and should indicate the opposing party’s agreement.
- A continuance request made within two business days before a trial or hearing is an emergency request, which the court expects to be rare.
- +16 more
Request must include
Communication
Page & Word Limits2 rules
The response shall not exceed five pages.
- Page limit
- Up to 5 pages
A document may exceed page limitation rules to a maximum of two (2) additional pages when the additional pages are attributed to the electronic conversion of filing process.
Document Format Requirements33 rules
unless the judge orders otherwise, such requests shall be filed ten (10) days before commencement of the trial in electronic form in MS Word format to Judge_Brown_Chambers@lancastercountypacourt.gov
Formatting
- •The source specifies MS Word format
In non-jury cases, requests for findings of fact and conclusions of law shall be submitted in electronic form in MS Word format to Judge_Brown_Chambers@lancastercountypacourt.gov.
- File type
- Word
Formatting
- •The requests must be submitted in MS Word format
If a party has more than five (5) exhibits to introduce, the exhibits shall be presented to the court electronically on a thumb drive for the court and a thumb drive for his clerk.
A. The exhibits shall be serially numbered and be physically marked before trial in accordance with the schedule.
All petitions for exoneration or remittance must be made in writing.
- Petition
Formatting
- •Must be made in writing
If counsel desires any special instruction(s), each proposed individual instruction must be printed on a single page and it must include legal citation.
All consents to adoption shall be in the form required by the Adoption Act and shall be completed with exactitude.
All electronic filings shall be in PDF format. The e-File system will automatically convert any filing to PDF/A format.
- File type
A motion shall be in the form required by Pa.R.Civ.P. 208.2.
Briefs shall be submitted on 8 ½ x 11 inch paper and shall be double-spaced.
- Line spacing
- Double
- Paper size
- Letter
- Brief
The document shall be assembled so that the proposed Order is on top, followed by the notice of presentation, next by the petition or motion with any supporting exhibits, next by the verification, and finally by the certificate of service.
Index of exhibits form must be completed, signed, and submitted to the appropriate Records office with all exhibits sized at 8-1/2 x 11 inch documents
- Paper size
- Letter
- Exhibits
Each proposed instruction should be on a separate sheet of paper, double spaced, and should include citation to specific authority.
- Line spacing
- Double
- Proposed jury instructions
They should be submitted to chambers on hard copy and via electronic mail in MS Word format at Judge_Brown_Chambers@lancastercountypacourt.gov.
If a party modifies a model jury instruction, the additions should be underlined, and deletions should be placed in brackets.
Counsel should submit a copy of the proposed jury instructions to chambers via electronic mail at Judge_Brown_Chambers@lancastercountypacourt.gov in electronic form in MS Word format.
The ARD application and Motion for Trial Continuance and Waiver must use the approved form.
Court's wording
A. Accelerated Rehabilitative Disposition (ARD) applications shall be submitted to the Office of the District Attorney using the approved form. A defendant shall simultaneously submit a Motion for Trial Continuance and Waiver using the approved form.
Any evidence that a party plans to publish by projection shall have a corresponding hard copy which can be marked and maintained for the record.
Any counsel seeking to publish exhibits via an electronic format are required to utilize their own equipment.
Formatting
- •Counsel seeking to publish exhibits electronically must utilize their own equipment
On the day of trial, counsel may publish exhibits electronically, but any exhibit that counsel intends to admit into evidence must be backed up by a printed version of the image if possible.
No manuscript cover or manuscript backing such as a blue back or firm identification strip shall be attached to any legal papers.
Legal papers shall be stapled once in the upper left hand corner. No tape or other material shall cover the staple.
- Binding
- Stapled
D. All originals shall be marked “ORIGINAL”. Copies shall be marked “COPY”.
Formatting
- •Mark all originals “ORIGINAL” and copies “COPY”
F. Tabs shall be placed at the bottom of all exhibits and appendices.
- Exhibits
- Appendices
Formatting
- •Place tabs at the bottom
E. Each page shall be numbered at the bottom center of the page. The case number shall appear, in twelve point font or larger, in the upper right hand corner of each page.
G. The name of each person signing a legal paper shall be typed beneath the person’s signature.
Supporting documentation, i.e., credit card statements, must be filed in chronological order, preferably oldest to newest.
Any credit card statements that are filed shall be filed in chronological order.
To the extent practicable it shall be formatted in accordance with the applicable rules governing formatting of paper documents, and in such other and further format as the Court may require from time to time.
It is the intention of this Rule that discovery motion practice be expedited and that discovery motions and responses be concise.
The pre-trial statement shall be in the form prescribed by Pa.R.Civ.P. No. 212.2.
There is no need to provide binder exhibits as it is easier for the court to use the electronic set.
Motions for nonsuit or judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials is ordinarily permitted by oral motion.
Document Filing Requirements272 rules
Attorneys and self-represented parties must not include confidential information in filed documents except on a Confidential Information Form.
Court's wording
attorneys and self-represented parties shall not include confidential information in any document filed with the appropriate filing office (Clerk of Courts, Prothonotary and Clerk of the Orphans' Court) except on a Confidential Information Form as provided by the Administrative Office of Pennsylvania Courts (http://www.pacourts.us/public-records/public-records-forms).
Legal Aid Services must provide the President Judge with a letter of certification verifying, as provided in R.J.A. 4008(B), that the client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.
Self-represented litigants claiming economic hardship must attach to their request for transcript a fully completed In Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240.
Index of exhibits form must be completed, signed, and submitted to the appropriate Records office with all exhibits sized at 8-1/2 x 11 inch documents
Absent agreement of the parties, a court order is required before destruction of any exhibits, which includes non-documentary exhibits.
The parties’ agreement to destroy exhibits shall be filed with the court.
I require submission of proposed findings of fact and conclusions of law for TRO and injunction hearings. The court will set the time for submission of these items at a pre-hearing conference.
Any emergency motion and proposed order may be submitted to chambers by email (Judge_Brown_Chambers@lancastercountypacourt.gov ), or hand delivery.
- Document
- Emergency continuance motion
Include
- •Proposed order
If a continuance is being requested with the agreement of both parties, the party seeking the continuance shall submit to chambers a motion and proposed order.
- Document
- Agreed continuance motion
Must include
- •Proposed order
It shall be attended by trial counsel, who must be either authorized or empowered to make binding decisions concerning settlement, or able to obtain such authority by telephone in the course of the conference.
All requests for instructions shall be submitted in writing, in duplicate, at chambers;
In every case, counsel shall, before the commencement of trial: 1. Mark and exchange all exhibits to be offered in evidence during case-in-chief.
Exchange lists of witnesses. Only witnesses listed may be called during the case-in-chief.
The court will not consider proposed instructions without citation to specific legal authority.
If a model jury instruction is submitted, the submitting party shall state whether the proposed jury instruction is unchanged or modified.
Counsel must prepare a written pretrial memorandum containing the specified case, facts, damages, witnesses, exhibits, trial estimate, legal issues, stipulations, and evidentiary objections; the final objection provision is cut off in the source.
- Document
- Pretrial memorandum
Must include
- •Exhibit list
- •Statement of facts
Court's wording
Counsel shall prepare in writing a pre-trial memorandum consistent with Judge Brown’s procedures Section VII.B., which includes the following: I. A brief statement of the nature of the action and the basis on which the jurisdiction of the court is invoked. II. Plaintiff's pretrial memorandum shall contain a brief statement of the facts of the case. Defendant's pretrial memorandum shall contain such counter-statements of the facts as may be necessary to reflect any disagreement with plaintiff's statement. All parties omit pejorative characterizations, hyperbole, and conclusory generalizations. III. A list of every item of monetary damages claimed, including (as appropriate) computations of lost earnings and loss of future earning capacity, medical expenses (itemized), property damages, etc. If relief other than monetary damages is sought, information adequate for framing an order granting the relief sought shall be furnished. IV. A list showing the names and addresses of all witnesses the party submitting the memorandum intends to call at trial. Liability and damages witnesses shall be designated separately. V. A schedule of all exhibits to be offered at trial by the party submitting the memorandum. VI. An estimate of the number of days required for trial. VII. Special comments regarding legal issues, stipulations, amendments of pleadings, or other appropriate matters. VIII. All stipulations of counsel. IX. A statement of objection to: (1) the admissibility of any exhibit based on authenticity; (2) the admissibility of any evidence expected to be offered for any reason (except relevancy); (3) the adequacy of the qualifications of an expert witness expected to testify; and (4) the admissibility of any opinion testimony from lay witnesses pursuant
Plaintiff's pretrial memorandum shall contain a brief statement of the facts of the case. Defendant's pretrial memorandum shall contain such counter-statements of the facts as may be necessary to reflect any disagreement with plaintiff's statement. All parties shall omit pejorative characterizations, hyperbole, and conclusory generalizations.
- Document
- Civil pretrial memorandum
Must include
- •Statement of facts
IV. Damages or Other Relief. A statement of damages claimed or relief sought.
V. Legal Issues. In separate paragraphs, each disputed legal issue that must be decided and the principal constitutional, statutory, regulatory, and decisional authorities relied upon.
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.
A party seeking damages must separately identify each claimed item, describe it in detail, and state the amount claimed.
Court's wording
A party seeking damages shall list each item claimed under a separate descriptive heading (personal injury, wrongful death, survival, loss of profits, loss of wages, deprivation of civil rights, false imprisonment, libel, slander, property damage, pain, suffering, past and future medical expense, balance due under a contract, performance due under a contract, interest, etc.), shall provide a detailed description of each item, and state the amount of damages claimed.
VI. 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, during their respective case in chief.
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.
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 be included in any order providing relief.
VII. 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.
Include
- •Exhibit list
When testimony concerns specified locations or property, the plaintiff must provide a courtroom-usable exhibit; an appropriate sketch or existing drawing may be used, and exact scale is needed only when the issues require it.
Court's wording
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. 1. Except in those cases where the issues require the use of exact scale, the exhibit may be a simple single-line hand-drawn sketch. 2. In most instances, it will not be necessary that the exhibit be to scale or contain other than reasonably accurate features of the geographical characteristics involved. 3. If of adequate size and clarity, this exhibit may be an existing drawing, plan or blueprint.
When offering a witness’s videotape or deposition, counsel must review it to remove irrelevant or unnecessary matters and designate deposition portions by page and interrogatories by number.
Court's wording
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 the trial.
1. The application shall include the reason for the request, the type of electronic medium intended to be used, the locations at which the electronic medium is to be used, and the date and times of the day for which the exception is being sought.
2. If the exception is being sought in connection with any judicial proceeding, the caption and case number of the proceeding shall be included in the application.
If a firm name is entered, the name of an individual lawyer shall be designated as being responsible for the conduct of the case.
The entry of appearance shall include the attorney's address, phone number, attorney ID number, and e-mail address.
Counsel shall not be permitted to represent a defendant following a preliminary hearing unless an entry of appearance is filed with the clerk of courts.
After the District Attorney files a certification, search warrant applications for the specified crimes require Commonwealth attorney approval before filing, except for the listed categories.
Court's wording
The District Attorney having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants for the crimes listed below, shall not hereafter be issued by any judicial officer, unless the search warrant applications have the approval of an attorney for the Commonwealth before filing: A. A violation of any criminal offense listed in any title of the Pennsylvania Statutes and/or Pennsylvania Consolidated Statutes Annotated. Prior approval is not required when the search warrant is solely seeking any one of the following: 1. The release of blood alcohol content test results based on any sub- section of 75 Pa. C.S.A. 3802, 2. Financial records, 3. Medical records, 4. Phone records of a person described as a victim or witness within the four corner of the affidavit of probable cause on the application.
After the District Attorney files a certification, search warrant applications made by Pennsylvania Game Commission officers for any listed criminal offense require Commonwealth attorney approval before filing.
Court's wording
The District Attorney, having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants applied for by an Officer of the Pennsylvania Game Commission for the crimes listed below, shall not hereafter be issued by any judicial officer, unless the search warrant applications have the approval of an attorney for the Commonwealth before filing: A violation of any criminal offense listed in any title of the Pennsylvania Statutes and/or Pennsylvania Consolidated Statutes Annotated.
Submit an ARD application and a Motion for Trial Continuance and Waiver to the District Attorney on approved forms, at the same time.
Court's wording
A. Accelerated Rehabilitative Disposition (ARD) applications shall be submitted to the Office of the District Attorney using the approved form. A defendant shall simultaneously submit a Motion for Trial Continuance and Waiver using the approved form.
Filing & Service rules
Electronic Filing Rules
Clerk of Courts Office requires all exhibits and custody of exhibits forms be brought to their office for filing.
Clerk of Courts Office requires all exhibits and custody of exhibits forms be brought to their office for filing.
Page 6 | Rule 5102. Custody of Exhibits. General Provisions.
Prothonotary Office requires all exhibits and custody of exhibits forms be electronically filed.
Prothonotary Office requires all exhibits and custody of exhibits forms be electronically filed.
Page 6 | Rule 5102. Custody of Exhibits. General Provisions.
In non-jury cases, submit requests for findings of fact and conclusions of law electronically in MS Word format to the specified chambers email address.
In non-jury cases, requests for findings of fact and conclusions of law shall be submitted in electronic form in MS Word format to Judge_Brown_Chambers@lancastercountypacourt.gov.
Page 5 | VIII. Trial Procedure – Civil Cases
The electronic filing of motions and other legal papers in the Lancaster County Court of Common Pleas – Criminal Division is authorized as specifically provided in this rule. Parties shall electronically file documents using the PacFile electronic filing system developed by the Administrative Office of the Pennsylvania Courts. The application of general rules of court and court policies that implement the rules, shall continue to apply to all filings regardless of the method of filing.
The electronic filing of motions and other legal papers in the Lancaster County Court of Common Pleas – Criminal Division is authorized as specifically provided in this rule. Parties shall electronically file documents using the PacFile electronic filing system developed by the Administrative Office of the Pennsylvania Courts. The application of general rules of court and court policies that implement the rules, shall continue to apply to all filings regardless of the method of filing.
Criminal cases
Page 22 | Rule 576.1. Electronic Filing of Legal Papers
The “legal papers” which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, except for the following: 1. Legal papers filed or authorized to be filed under seal; 2. Applications for a search warrant; 3. Applications for an arrest warrant; 4. Grand jury materials; 5. Subpoenas;
The “legal papers” which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, except for the following: 1. Legal papers filed or authorized to be filed under seal; 2. Applications for a search warrant; 3. Applications for an arrest warrant; 4. Grand jury materials; 5. Subpoenas;
Criminal cases
Page 22 | Rule 576.1. Electronic Filing of Legal Papers
Attorneys must establish a PacFile account; parties proceeding without counsel need not establish an account or file legal papers electronically.
C. All attorneys shall establish a PacFile account using the Unified Judicial System of Pennsylvania Web Portal. Parties who are proceeding without counsel are not required to establish a PacFile account and are not required to file legal papers using the electronic PacFile system.
Criminal cases
Page 23
An electronically filed complaint must be submitted through Teleosoft or another electronic filing program used by the Lancaster County Prothonotary.
E. Electronic Filing: Any electronically filed complaint shall be submitted as follows: 1. The Plaintiff shall file the complaint electronically through Teleosoft, or any other such program as utilized by the Lancaster County Prothonotary for the electronic filing of documents:
Page 10 | RULE 205.2(c). Lancaster County Residential Mortgage Foreclosure Diversion Program
Plaintiffs must electronically file consumer credit card debt collection complaints and pay any additional e-filing fees implemented by the Prothonotary.
Plaintiffs are required to electronically file complaints for consumer credit card debt collection actions and are subject to additional e-filing fees as may be implemented by the Lancaster County Prothonotary.
Page 31 | RULE 205.2(d)
The plaintiff must file the complaint electronically through the Prothonotary Online Portal or another electronic filing program used by the Prothonotary.
The Plaintiff files the complaint electronically through the Lancaster County Prothonotary Online Portal or any other such program that may be utilized by the Lancaster County Prothonotary for the electronic filing of documents;
Page 32 | RULE 205.2(d)
The CMO must direct the plaintiff to electronically file the specified certification and supporting debt documentation within 30 days of the CMO’s date.
Direct the plaintiff to electronically file with the Court, within 30 days of the date of the CMO, the “Statute of Limitations And Documentation of Debt Certification” form, identified in paragraph 6 below, along with supporting documentation (“DOCS”) of the alleged debt (i.e., credit card statements, original credit card application, credit card agreements, bill of sale, account transfer or assignment, etc.);
Page 32 | RULE 205.2(d)
The SOL certification and supporting documentation must be filed electronically through the Prothonotary’s online portal or another program it uses for e-filing.
The “Statue of Limitations and Documentation of Debt Certification” and all supporting documentation must be filed electronically through the Lancaster County Prothonotary Online Portal or any other such program as utilized by the Lancaster County Prothonotary for the electronic filing of documents.
Page 33
Plaintiff must electronically file a demonstrative exhibit showing the final balance and applicable category totals within 30 days of the Order.
In addition, within thirty (30) days of the date of this Order, Plaintiff shall e-file a demonstrative exhibit which outlines the final statement balance and lists by category, as applicable, the total dollar amounts contained within the supporting documentation e-filed for any: (1) purchases, (2) balance transfers, (3) cash advances, and (4) deferred interest accrual charges.
Page 41
Plaintiff must electronically file the certification in the attached form, together with supporting documentation, within 30 days of the Order.
Within thirty (30) days of the date of this Order, Plaintiff shall electronically file (“e-file”) with the Court, along with supporting documentation 1, the Statute of Limitations and Documentation of Debt Certification in the form attached hereto.
Page 41
Anyone intending to e-file must register with the Teleosoft CountySuite Portal and follow its user manual.
Any person intending to use E-File must register with Teleosoft CountySuite Portal. All use of the CountySuite Portal shall be in accordance with the CountySuite Portal user manual.
Page 54 | RULE 205.4. Electronic Filing and Service of Legal Papers
Only individuals may be registered users; law firms, agencies, corporations, and other groups may not register as users.
All registered users shall be individuals, not law firms, agencies, corporations or other groups.
Page 54 | RULE 205.4. Electronic Filing and Service of Legal Papers
Documents bearing third-party signatures may be e-filed if the filing party indicates that the original signatures are maintained in paper form.
Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) may also be filed electronically by indicating in the original signatures are maintained by the filing party in paper format.
Page 55 | Electronic Filing
Counsel are encouraged, but not required, to sign up for CountySuite Online and report signup at the pretrial conference; filing documents through the system is not required, and signup enables emailed orders.
Both parties’ counsel are encouraged to sign up for CountySuite Online used by the Lancaster County Prothonotary as an electronic filing system and advise the Court if they have done so at the pretrial conference. The parties are not required to file any documents through CountySuite Online. However, by signing up they will receive orders from the Court via email. There is no cost for the parties to sign up for or receive notifications through CountySuite Online. Failure to sign up for CountySuite Online will result in a delay in the parties receiving court orders.
Page 11 | VII. Pretrial Procedure – Civil Trials
On or after March 21, 2022, residential mortgage foreclosure complaints may be filed on paper or electronically.
C. On or after March 21, 2022, complaints filed for residential mortgage foreclosure actions may be paper filed or filed electronically.
Page 10 | RULE 205.2(c). Lancaster County Residential Mortgage Foreclosure Diversion Program
Civil and Family Actions may be filed electronically.
All Civil Actions (including Family Actions) filed in the Court of Common Pleas of Lancaster County may be filed by E-Filing.
Page 54 | RULE 205.4. Electronic Filing and Service of Legal Papers
Filing Timing and Cure Windows
The custodian or proponent must file this document and all exhibits in the appropriate records office within five business days after the proceeding ends.
Pursuant to PA. R.J.A. 5102, this document and all exhibits must be filed by the custodian/proponent in the appropriate records office no later than five business days after the end of the court proceeding.
Page 10 | Rule 5102. Custody of Exhibits. General Provisions.
Unless the judge orders otherwise, jury-instruction requests must be filed electronically in MS Word and sent to the stated chambers email ten days before trial; amendments or supplements may be submitted at the close of evidence.
unless the judge orders otherwise, such requests shall be filed ten (10) days before commencement of the trial in electronic form in MS Word format to Judge_Brown_Chambers@lancastercountypacourt.gov, but amendments or supplements may be submitted at the close of the evidence.
Page 4 | VII. Pretrial Procedure – Civil Trials; D.1 Requests for Jury Instructions
Exhibit authenticity is deemed established unless a written objection is filed at least seven days before trial; an objection to an exhibit received after the pretrial conference may be made by motion.
Authenticity of all exhibits will be deemed established unless written objection is filed (either in a pretrial memorandum or by motion only if an exhibit is received after the pretrial conference) at least seven (7) days before trial.
Page 4 | VII. Pretrial Procedure – Civil Trials; B. Final Preparation for Trial
Submit proposed special interrogatories when directed by the judge; absent direction, submit them at the earliest convenient time and no later than the close of evidence.
Proposals concerning the form of special interrogatories to the jury shall be submitted at such time as may be specified by the judge; in the absence of specific direction, such proposals shall be submitted at the earliest convenient time, and not later than the close of the evidence.
Page 5 | VIII. Trial Procedure – Civil Cases
At least two weeks prior to the Pre-trial Conference, plaintiff’s original pre-trial memorandum shall be filed with the Prothonotary, and a courtesy copy shall be submitted to
At least two weeks prior to the Pre-trial Conference, plaintiff’s original pre-trial memorandum shall be filed with the Prothonotary, and a courtesy copy shall be submitted to
Page 10 | Appendix 1 — Sample Pretrial Order Civil Cases
The defendant’s pretrial memorandum must be filed with the Prothonotary at least one week before the pretrial conference.
At least one week prior to the pretrial conference, defendant’s pre-trial memorandum shall be filed with the Prothonotary
Page 11 | VII. Pretrial Procedure – Civil Trials
Defense counsel must file an entry of appearance promptly after retention.
Counsel for defendant shall file an entry of appearance with the Clerk of Courts promptly after being retained, and serve a copy of the entry of appearance on the attorney for the Commonwealth.
Criminal cases
Page 7 | RULE 120. Attorneys - Appearances and Withdrawals; A. Entry of Appearance
A non-DUI ARD application may be made at any time but must be made no later than the Status Conference.
B. Application for non-DUI related ARD may be made at any time, but no later than the date of the Status Conference.
Criminal cases
Page 10 | RULE 311A. ARD Application Process
Within 30 days after the criminal complaint is filed, the defendant must waive the preliminary hearing and schedule a Court Reporting Network evaluation.
Additionally, within thirty days of the filing of the criminal complaint, a defendant shall waive the preliminary hearing and schedule a Court Reporting Network evaluation.
Criminal cases
Page 10 | RULE 311A. ARD Application Process
A DUI-related ARD application must be submitted to the District Attorney within 30 days after the criminal complaint is filed.
C. Applications for DUI related ARD shall be submitted to the Office of the District Attorney within thirty days of the filing of the criminal complaint.
Criminal cases
Page 10 | RULE 311A. ARD Application Process
Any executed order on an unopposed motion must be filed with the Clerk of Courts immediately.
Thereafter, any executed order shall be immediately filed with the Clerk of Courts.
Criminal cases
Page 12 | RULE 529. Modification of Bail Order Prior to Verdict
Orders modifying or reinstating bail must be filed immediately with the Clerk of Courts.
D. All orders modifying or reinstating bail shall be filed immediately with the Clerk of Courts.
Criminal cases
Page 13
Quarterly reports must be filed with the Clerk of Courts within 30 days after the end of each quarter.
g. Failure to file quarterly reports with the Clerk of Courts within thirty (30) days of the end of each quarter.
Criminal cases
Page 16 | D. Removal from Approved Bondsman List
After receiving notice from the Warden or designee, the District Court Administrator must schedule a hearing to take place within seven days after the bail piece was lodged.
2. After notice from the Warden or his designee, the District Court Administrator shall schedule a hearing to take place within seven (7) days of the date the bail piece was lodged
Criminal cases
Page 16 | RULE 536. Bail Pieces; Exoneration of Surety
The District Attorney’s Office has ten days after service to respond to the petition.
All petitions for exoneration or remittance must be served on the Office of the District Attorney, who shall have ten (10) days to respond to the petition.
Criminal cases
Page 17 | RULE 536
The completed Status Conference Order must be filed with the Clerk of Courts at the conclusion of the status conference.
2. The completed Status Conference Order shall be filed with the Clerk of Courts at the conclusion of the status conference.
Criminal cases
Page 19 | D. Order Following Status Conference
A written waiver must be filed with the Clerk of Courts or delivered to the District Attorney by noon the day before arraignment or at arraignment.
To waive arraignment, the written waiver must either be filed in the Clerk of Courts Office or be delivered to the Office of the District Attorney by noon on the day before the scheduled arraignment date or at the time of arraignment.
Criminal cases
Page 21 | RULE 571. Arraignment
The motion and order must be filed immediately with the Clerk of Courts after the court decides the motion.
After decision on the motion, the motion and order shall be filed immediately with the Clerk of Courts.
Criminal cases
Page 22 | RULE 575A. Motions Other Than Bail
Written jury-instruction requests must be submitted when the trial judge sets, and failure to meet that time may waive the right to submit them unless the judge determines otherwise in the interests of justice.
Written requests for instructions to the jury shall contain citations to the authority relied upon and shall be submitted at the time set by the trial judge. Case and article citations shall be pinpoint. The failure to submit written requests for instructions to the jury at the time set may be deemed a waiver of the right to do so unless the trial judge determines otherwise in the interests of justice.
Criminal cases
Page 25 | RULE 647. Requests for Instructions, Charge to the Jury and Preliminary Instructions
Specific jury-instruction requests must be submitted five business days before trial.
With respect to specific requests, they shall be submitted in writing 5 business days prior to trial with a copy being provided to opposing counsel.
Page 3 | IV. Civil Trials – Pre-trial Procedures
Should counsel wish to voir dire the jury pool, a written request with the proposed question(s) must be submitted by the morning of trial.
Should counsel wish to voir dire the jury pool, a written request with the proposed question(s) must be submitted by the morning of trial.
Page 6 | VIII. Trial — Voir Dire
Accounts for an Audit List must be filed by noon on the third Wednesday before the Court session, or by noon on the preceding business day if that Wednesday is a holiday.
(b) Accounts to appear on a particular Audit List must be filed not later than noon of the third Wednesday preceding the session of Court when that Audit List will be called. When that Wednesday falls on a holiday, accounts must be filed not later than noon of the preceding business day.
Civil cases
Page 4 | Rule 2.6 Filing with the Clerk
Service and Proof of Service Rules
Criminal warrants must be issued to the originating Police Department, with a copy sent to the Sheriff’s Office.
All Criminal Warrants shall be issued to the Police Department of origin with a copy of the warrant being sent to the Sheriff’s Office.
Page 2 | Rule 1907.2 CONSTABLES – SERVICE OF WARRANTS
Bench warrants and arrest warrants must be processed through the centralized warrant control operated by the Lancaster County Sheriff’s Office.
All bench warrants and warrants of arrest shall be processed through a centralized warrant control located and operated by the Lancaster County Sheriff’s Office as follows:
Page 2 | Rule 1907.2 CONSTABLES – SERVICE OF WARRANTS
Only the Lancaster County Sheriff’s Office may forward a copy of a bench warrant or arrest warrant to a Constable for service.
2. The Lancaster County Sheriff’s Office has exclusive authority to forward for service a copy of any bench warrant or warrant of arrest to any Constable.
Page 3 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
A Constable must possess the hard copy of a warrant before initiating contact with its subject.
3. The Constable shall be in possession of the hard copy of the warrant to initiate contact with the subject of the warrant.
Page 3 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
A warrant not previously issued to the Sheriff’s Office must be provided to that office immediately upon request.
c. Any warrant not previously issued to the Sheriff’s Office shall be provided immediately to the Lancaster County Sheriff’s Office upon request.
Page 3 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
A warrant issued in a Summary Case must be issued to the Sheriff’s Office.
b. Any warrant issued in a Summary Case shall be issued to the Sheriff’s Office.
Page 3 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
A party requesting an ordinary transcript must file the original request with the designated filing office and serve copies on the listed recipients.
B. For an ordinary transcript, the party requesting the full or partial transcript of a trial or other proceeding shall file the original request with the Clerk of Courts, Prothonotary, or Orphans’ Court. The requesting party shall serve copies of the formal request to: 1. The Presiding Judge 2. The court reporter(s) assigned to the proceeding 3. The Chief Court Reporter 4. Opposing counsel or party, if party is unrepresented
Page 4 | Rule 4007. Requests for Transcripts
A party expecting to offer Rule 701 lay opinion testimony on liability or damages must provide opposing parties supporting information or documents when expert reports are due.
Any party expecting to offer lay opinion testimony pursuant to Pennsylvania Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.
Page 7 | 20. Lay Witness Opinion.
Defense counsel must serve a copy of the entry of appearance on the attorney for the Commonwealth.
Counsel for defendant shall file an entry of appearance with the Clerk of Courts promptly after being retained, and serve a copy of the entry of appearance on the attorney for the Commonwealth.
Criminal cases
Page 7 | RULE 120. Attorneys - Appearances and Withdrawals; A. Entry of Appearance
A written motion to withdraw must be filed with the clerk of courts, with a copy concurrently served on the attorney for the Commonwealth and the defendant.
A motion to withdraw shall be: a. Filed with the clerk of courts, and a copy concurrently served on the attorney for the Commonwealth and the defendant; or
Criminal cases
Page 8 | RULE 120. Attorneys - Appearances and Withdrawals; B. Withdrawal of Appearance
The moving party must include the Office of Bail Administration as a party to be served when the defendant is under its active supervision.
Moving party shall included the Office of Bail Administration as a party to be served if the defendant is under active supervision with their office.
Criminal cases
Page 13
For the listed bail changes in cases pending in Court or an appellate court, the Clerk of Courts must immediately serve the order on the prison by fax or other electronic means.
In cases pending in Court or in an appellate court, the Clerk of Courts shall immediately serve the Lancaster County Prison a copy of the order by facsimile or other electronic means when the order accomplishes any of the following: 1. Reinstates bail to a monetary condition where the bail has previously been posted and not withdrawn; 2. Reinstates bail to ROR, unsecured or a non-monetary condition; or 3. Modifies bail to ROR, unsecured or a non-monetary condition.
Criminal cases
Page 13
The Clerk of Courts must serve the motion and scheduling order on all parties' counsel or unrepresented parties and include the hearing date, time, and place.
C. The Clerk of Courts Office will serve a copy of the motion and scheduling order to counsel for all parties, or upon any unrepresented parties, including notice of the date, time, and place of the scheduled hearing.
Criminal cases
Page 13
2. Where the modified bail does not have a monetary condition, the magisterial district judge shall transmit by facsimile or other electronic means a new bail bond to the Lancaster County Prison, whereupon prison personnel shall act as the authorized agent of the magisterial district judge and secure the defendant’s execution of the new bail bond.
2. Where the modified bail does not have a monetary condition, the magisterial district judge shall transmit by facsimile or other electronic means a new bail bond to the Lancaster County Prison, whereupon prison personnel shall act as the authorized agent of the magisterial district judge and secure the defendant’s execution of the new bail bond.
Criminal cases
Page 14
A defendant proceeding under F(2) must comply with the electronic-transmission-and-mail procedure in E(3) and serve a certified copy of the order on the prison.
A defendant proceeding under F(2) shall comply with E(3) and shall serve a certified copy of the order on the Lancaster County Prison.
Criminal cases
Page 14
A copy of the post-hearing court order must be promptly forwarded to Lancaster County Prison.
A copy of the Court’s Order following the hearing shall be promptly forwarded to the Lancaster County Prison.
Criminal cases
Page 17 | RULE 536
Petitions must be served on the District Attorney’s Office, which has ten days to respond.
All petitions for exoneration or remittance must be served on the Office of the District Attorney, who shall have ten (10) days to respond to the petition.
Criminal cases
Page 17 | RULE 536
Copies of all pre-trial orders must be provided to the President Judge, the District Court Administrator, and counsel.
Copies of all pre-trial orders shall be provided to the President Judge, the District Court Administrator and counsel.
Criminal cases
Page 20 | RULE 570D. Assignment and Trial of Homicide Cases
Copies of all Pretrial orders must be provided to the President Judge, the District Court Administrator, and counsel.
Copies of all Pretrial orders shall be provided to the President Judge, the District Court Administrator and counsel.
Criminal cases
Page 20 | RULE 570D. Assignment and Trial of Homicide Cases
The moving party must serve the motion and conference details at least 24 hours before the conference, or, in an emergency where that notice is impossible, provide the motion to opposing counsel as soon as possible before scheduling the conference.
At least twenty-four hours before the conference, the moving party shall serve a copy of the motion on the opposing party or counsel for the opposing party, including notice of the date, time and place of the conference. In emergency matters in which it is not possible to provide twenty-four hours notice, the moving party shall provide opposing counsel with a copy of the motion as soon as possible prior to the scheduling of the conference.
Criminal cases
Page 21 | RULE 575A. Motions Other Than Bail
PacFile use certifies acceptance of electronic notice and service, and electronic filing satisfies service on account holders; parties proceeding without counsel must be served by traditional methods.
E. Use of the PacFile system shall constitute as the filer’s certification that the electronic notice and service of other documents through the Pacfile system will be accepted by the filer. The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in subsection C. Service of electronic filings on any party proceeding without counsel shall be made by the traditional methods required under Pa.R.Crim.P. 576.
Criminal cases
Page 23
A copy of each specific jury-instruction request must be provided to opposing counsel.
With respect to specific requests, they shall be submitted in writing 5 business days prior to trial with a copy being provided to opposing counsel.
Page 3 | IV. Civil Trials – Pre-trial Procedures
Filing Fees and Waivers
The final transcript balance must be paid by check payable to the County of Lancaster and delivered to the Chief Court Reporter.
4. Checks for the final balance are to be made payable to the County of Lancaster and shall be delivered to the Chief Court Reporter.
Page 4 | Rule 4007. Requests for Transcripts
A litigant ordering a transcript must pay a deposit equal to 95% of its estimated total cost by check payable to the County of Lancaster, delivered to the Chief Court Reporter.
1. The litigant ordering the transcript shall make payment in the amount of 95% of the estimated total cost of the transcript. Deposit checks are to be made payable to the County of Lancaster` and shall be delivered to the Chief Court Reporter.
Page 4 | Rule 4007. Requests for Transcripts
A $300 Regional Booking Center fund fee is imposed on a defendant processed and booked at a Lancaster County Regional Booking Center if the defendant meets one of the listed disposition or offense conditions.
The Lancaster Countywide Regional Booking Center Plan having been approved by PCCD, a Regional Booking Center fund fee of three hundred dollars ($300) is imposed on any Defendant processed and booked through a Lancaster County Regional Booking Center at any time if the person: 1. Is placed on probation without verdict pursuant to Section 17 of the Act of April 14, 1972 (P.L.233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act. 2. Received Accelerated Rehabilitative Disposition for, pleads guilty or nolo contendere to, or is convicted of, a crime under the following: a. 18 Pa.C.S. ' 106(a) (relating to classes of offenses) b. 75 Pa.C.S. BOL 39 \f "WP TypographicSymbols" \s 12 3735 (relating to homicide by vehicle while driving under influence). c. 75 Pa.C.S. ‘3802 (relating to driving under influence of alcohol or controlled substance). d. A violation of The Controlled Substance, Drug, Device and Cosmetic Act.
Criminal cases
Page 5 | II.B. Regional Booking Center Fee
Applicable filing fees must be paid electronically under the clerk’s procedures, in the amount and at the time required by governing authority or the published fee schedule.
D. Applicable filing fees shall be paid electronically through procedures established by the clerk of courts and at the same time and in the same amount as required by statute, court rule or order, or established by a published fee schedule.
Criminal cases
Page 23
The required fee must accompany an adoption petition filed with the Clerk.
The original and one copy of a petition for adoption shall be filed with the Clerk with the required fee.
Civil cases
Page 7 | Rule 15.5. Adoption
Complaints eligible for the Foreclosure Diversion Program must include a nonrefundable $35 fee payable to the Lancaster County Prothonotary.
B. All complaints for residential mortgage foreclosure actions eligible for participation in the Foreclosure Diversion Program shall be accompanied by a $35 fee payable to the Lancaster County Prothonotary. This fee is nonrefundable.
Page 10 | RULE 205.2(c). Lancaster County Residential Mortgage Foreclosure Diversion Program
The Plaintiff must pay the applicable civil action filing fee and any e-filing fees set by the Lancaster County Prothonotary.
3. The Plaintiff shall pay the appropriate civil action filing fee and any additional fees for e-filing as set forth by the Lancaster County Prothonotary:
Page 11 | Residential Mortgage Foreclosure
Plaintiffs are subject to additional e-filing fees as implemented by the Prothonotary.
Plaintiffs are required to electronically file complaints for consumer credit card debt collection actions and are subject to additional e-filing fees as may be implemented by the Lancaster County Prothonotary.
Page 31 | RULE 205.2(d)
The plaintiff must pay the applicable civil action filing fee and any e-filing fees set by the Prothonotary.
The Plaintiff pays the appropriate civil action filing fee and any additional fees for e-filing as set forth by the Lancaster County Prothonotary;
Page 32 | RULE 205.2(d)
Filing fees and payments must be paid at filing by an authorized credit card through the CountySuite Portal and may not be deposited with the Prothonotary in advance.
All filing fees and payments shall be made at the time of filing with an authorized credit card through the CountySuite Portal. Authorized cards shall include Visa, MasterCard, American Express and Discover. Filing fees and payments may not be deposited in advance with the Prothonotary.
Page 55 | D. Filing Fees
When a custody claim is asserted in a divorce action, either party may request a custody conference by filing an order with the complaint or a motion, and must pay the administrative fee when requesting the conference.
C. When a custody claim is asserted in a divorce action, either party may request a date and time for a conference on the custody issue by filing an order with the complaint or with a motion. The administrative fee must be paid to the Prothonotary when the conference is requested.
Page 72 | RULE 1915.3. Commencement of Action. Complaint. Order. Service
An additional administrative fee, assessed by court order, must be paid to the Prothonotary when the custody complaint is filed.
B. In addition to fees assessed for filing a complaint, an additional administrative fee shall be assessed by order of Court and shall be paid to the Prothonotary at the filing of the custody complaint.
Page 72 | RULE 1915.3. Commencement of Action. Complaint. Order. Service
A conference continuance requested within 14 days of the conference will not be granted without a court order and payment of the conference fee.
In all requests for a continuance, no continuances will be granted within 14 days of the conference without an order of Court and payment of the conference fee.
Page 73 | RULE 1915.5 (a). Jurisdiction. Contempt. Continuances. Emergency Relief
A party filing a Motion to Appoint Master must pay the fee set by the Prothonotary’s fee bill in addition to normal filing fees, and the fee is nonrefundable.
The party filing a Motion to Appoint Master pursuant to this rule shall pay the sum required by the Prothonotary' s fee bill, in addition to any normal filing fees. This sum is not refundable.
Page 85 | B. Filing Fees and Costs
If a hearing lasts more than one-half day, an additional fee is due for each one-half day or part of a half-day, payable as directed by the Divorce Master.
If a hearing requires more than one-half day, an additional fee will be due for each one-half day or part thereof and paid for as directed by the Divorce Master.
Page 85 | B. Filing Fees and Costs
A $25 processing fee is assessed for each summary offense listed on an ARD Order, and program costs are collected like prosecution costs and paid to the County of Lancaster general fund, unless changed by administrative order.
In addition to fees and charges imposed by statute or by the Supreme Court, fees which relate to the expense of administering the A.R.D. program may be imposed as a condition of the A.R.D. Program. Until changed by administrative order, the following shall be assessed a defendant, a twenty-five dollars ($25.00) processing fee for each individual summary offense listed on the court case A.R.D. Order to cover expenses related to the administration of the A.R.D. program. The reasonable costs associated with administering the program shall be collected in the same manner as cost of prosecution and shall be payable to the County of Lancaster general fund.
Criminal cases
Page 10 | RULE 316A. Additional Condition of the Accelerated Rehabilitative Disposition Program (A.R.D.) when a summary offense(s) is/are included on the A.R.D. Order
Public access requests incur charges of $0.25 per photocopied page, no staff-time fee for the first hour and $6 per quarter-hour thereafter (minimum one quarter-hour), plus actual postage; the court may waive these fees if the judge determines the requester is indigent.
The following fees shall be charged to the public in response to requests for public access to the official case records of the magisterial district courts: 1. Photocopies per page - $.25 2. Staff time required to respond to a public access request - No fee for the first hour of staff time. After the first hour, the fee shall be $6 per ¼ hour with a minimum of ¼ hour. 3. Actual postage costs incurred by the court. 4. Fees under this paragraph may be waived by the court if the magisterial district judge determines that the requestor is indigent.
Page 5 | RULE 6. Fees
The investigation-report fee is taxed as costs to the adopting parent or parents and paid directly to the agency.
The fee for the report of investigation shall be taxed as costs to the adopting parent or parents and is payable directly to the agency.
Civil cases
Page 8 | Rule 15.5. Adoption
Fees billed through the CountySuite Portal must include the Prothonotary’s statutory filing fees.
Filing fees billed by CountySuite Portal shall include the Prothonotary’s statutory filing fees.
Page 55 | D. Filing Fees
The Prothonotary may charge an e-filing convenience fee according to the Prothonotary’s fee schedule.
The Prothonotary is authorized to charge a convenience fee for E-Filing as set forth in the Prothonotary’s fee schedule.
Page 55 | D. Filing Fees
Courtesy Copy Requirements
At least two weeks prior to the Pre-trial Conference, plaintiff’s original pre-trial memorandum shall be filed with the Prothonotary, and a courtesy copy shall be submitted to
At least two weeks prior to the Pre-trial Conference, plaintiff’s original pre-trial memorandum shall be filed with the Prothonotary, and a courtesy copy shall be submitted to
Page 10 | Appendix 1 — Sample Pretrial Order Civil Cases
At least one week prior to the pretrial conference, defendant’s pre-trial memorandum shall be filed with the Prothonotary
At least one week prior to the pretrial conference, defendant’s pre-trial memorandum shall be filed with the Prothonotary
Page 11 | VII. Pretrial Procedure – Civil Trials
A courtesy copy of the pre-trial statement must be emailed to chambers through the judge’s law clerk and judicial administrative assistant.
The pre-trial statement shall be in the form prescribed by Pa. R.C.P. 212.2. It must be filed with the Prothonotary with a courtesy copy delivered to Chambers via email to the Judge’s law clerk and judicial administrative assistant.
Page 2 | IV. Civil Trials – Pre-trial Procedures
Counsel must always provide Chambers a courtesy copy of filed motions and may contact Chambers to check on a filed motion’s status.
Always provide chambers with a courtesy copy of any motions that have been filed and do not hesitate to contact chambers to check the status of any motion that has been filed.
Page 5 | VII. Criminal Pre-trial Procedures — Omnibus Pre-trial Motions/Petitions
At the discretion of the presiding judge, a defendant homeowner who has removed from the Foreclosure Diversion Program may be granted re-entry into the Program by filing with the Court an “Application for Re-Entry,” substantially in the form attached as Form “12” and by providing a courtesy copy to the Diversion Program Coordinator by email to: cddp@lancastercountypa.gov.
At the discretion of the presiding judge, a defendant homeowner who has removed from the Foreclosure Diversion Program may be granted re-entry into the Program by filing with the Court an “Application for Re-Entry,” substantially in the form attached as Form “12” and by providing a courtesy copy to the Diversion Program Coordinator by email to: cddp@lancastercountypa.gov.
Page 17 | Foreclosure Diversion Program
On the scheduled first day of trial, counsel should provide the judge and clerk two copies of each exhibit and one copy of the exhibit schedule.
On the day trial is scheduled to commence, counsel should provide two copies of each exhibit and a copy of a schedule of exhibits to the judge and his clerk.
Page 6 | VIII. Trial Procedure – Civil Cases
A courtesy copy may be delivered to chambers by email or hand delivery.
A Courtesy copy may be submitted to chambers by email (Judge_Brown_Chambers@lancastercountypacourt.gov), or hand delivery.
Page 11 | VII. Pretrial Procedure – Civil Trials
Sealing & Redaction Procedures
Unless law, court rules, or the Court require otherwise, filings may include only the listed limited personal identifier details, and the parties alone are responsible for redacting them.
J. Unless required by an applicable law or rule of court or unless so directed by the Court, parties or their attorneys may include only: 1. The last four digits of the social security number of the taxpayer identification number; 2. The year of the individual’s birth; 3. The last four digits of the financial account information in documents filed with the Prothonotary. The responsibility for redacting these personal identifiers rests solely with the parties.
Page 9 | RULE 205.2
To seek sealing, the filing party must designate the document as sealed in the CountySuite Portal and submit a separate proper request; the designation alone does not seal it.
Documents intended to be filed under seal shall be designated by the filing party as “sealed” in the CountySuite Portal. However, designation of documents as “sealed” does not seal the document. The filing party must submit a proper request for sealing documents in addition to making the designation in the CountySuite Portal.
Page 56 | E. Sealed Documents
Exhibits containing private medical or psychological information must not be filed with the Prothonotary.
No exhibit containing private medical or psychological information shall be filed with the Prothonotary.
Page 75 | Preparation
Filing Bundling Requirements
Briefs and memoranda must be filed separately and may not be appended to other documents.
H. Briefs and memoranda shall be filed separately and not appended to other documents.
Page 9 | RULE 205.2
The moving party must file the motion, proposed order, and supporting brief at the same time.
The moving party shall file a motion, proposed order and supporting brief concurrently.
Page 60 | RULE 208.3(b). Briefing Schedule
The moving party must file the summary-judgment motion, proposed order, and supporting brief together; if the brief is missing, an opposing party may seek withdrawal by praecipe.
The moving party shall file the motion, a proposed order and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
Page 69 | RULE 1035.2(a). Motion for Summary Judgment
The moving party must file the motion, proposed order, and supporting brief together; if the brief is missing, an opposing party may seek withdrawal by praecipe.
The moving party shall file the motion, proposed order and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
Page 69
After the praecipe for disposition is filed, the prothonotary must forward the objections and filed briefs to chambers as a set.
The prothonotary shall then forward the preliminary objections, brief, responsive brief and reply brief (if any) to chambers for disposition.
Page 68 | RULE 1028(c). Preliminary Objections
Pre-Motion Conference Requirements
An opposing party must file its responsive brief and supporting materials within 20 days after service of the motion and brief; failure to file means the party is deemed not to oppose the motion.
Within twenty days after service of the moving party’s motion and brief, any party opposing the motion shall file a responsive brief, together with any opposing affidavits, depositions, transcripts or other documents. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
Page 60 | RULE 208.3(b). Briefing Schedule
If a supporting brief is filed, the respondent must file a responsive brief within twenty days after service, and the moving party may file a reply within five days after service of the responsive brief.
If a supporting brief is filed, the respondent shall file a responsive brief within twenty days after service of the supporting brief. 5. Reply Brief. The moving party may file a reply brief within five days after service of the responsive brief.
Page 68 | RULE 1028(c). Preliminary Objections
An opposing party must file its responsive brief and any opposing evidence within thirty days after service of the motion and brief; failure to file a responsive brief means the party is deemed not to oppose the motion.
Within thirty days after service of the moving party’s motion and brief, any party opposing the motion shall file a responsive brief, together with any opposing affidavits, depositions, transcripts or other documents. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
Page 69 | RULE 1035.2(a). Motion for Summary Judgment
Within twenty days after service of the moving party’s motion and brief, any party opposing the motion shall file a responsive brief.
Within twenty days after service of the moving party’s motion and brief, any party opposing the motion shall file a responsive brief.
Page 69
Counsel are generally expected to discuss matters with opposing counsel before bringing them to the court and be prepared to state opposing counsel’s position.
In general, I expect counsel to bring matters to my attention only after they have been discussed with opposing counsel. When communicating with the court, counsel shall be prepared to state the position of opposing counsel.
Page 1 | I. Courtroom Expectations — B. Consultation with Opposing Counsel
The moving party may file a reply brief within five days after service of the responsive brief.
The moving party may file a brief in reply to the responsive brief within five days after service of a responsive brief.
Page 60 | RULE 208.3(b). Briefing Schedule
A party may request oral argument by praecipe filed with its brief, but whether argument occurs is within the judge's discretion.
Any party may request oral argument by filing a praecipe at the time of the filing of their brief. Oral argument shall be at the discretion of the judge.
Page 68 | RULE 1028(c). Preliminary Objections
The moving party may file a reply brief within five days after service of the responsive brief.
The moving party may file a brief in reply to the responsive brief within five days after service of the responsive brief.
Page 69
Counsel should be prepared to meet on the morning of trial about outstanding issues, including any requests for voir dire, which the court may permit.
Final Pre-trial Conference. Counsel should be prepared to meet on the morning of trial to address any outstanding issues including whether there are requests for voir dire, which the court may permit.
Page 3 | V. Trial Procedure – Civil Cases
Adjournment & Extension Requirements
For an agreed continuance, the requesting party must submit a motion and proposed order to chambers, include the reasons, and should indicate the opposing party’s agreement.
If a continuance is being requested with the agreement of both parties, the party seeking the continuance shall submit to chambers a motion and proposed order. The motion shall include the reason(s) for the continuance and should indicate that the opposing party is in agreement with the continuance.
Page 2 | V. Requests for Continuance
A witness’s unavailability is not a ground to delay the commencement or progress of trial.
The unavailability of such witness will not be a ground to delay the commencement or progress of trial.
Page 7 | 19. Unavailability of Witnesses.
A status conference may be continued or rescheduled only for compelling reasons and with the assigned judge’s approval.
No status conference may be continued or rescheduled absent compelling reasons and with the approval of the judge to whom the case has been assigned.
Criminal cases
Page 18 | RULE 570A
The trial judge must issue a final Pretrial order setting a firm trial date, which may not be continued except in extraordinary circumstances.
The trial judge shall issue a final Pretrial order establishing a firm trial date and containing any further final instructions. Once set, the firm trial date shall not be continued except for extraordinary circumstances.
Criminal cases
Page 20 | RULE 570D. Assignment and Trial of Homicide Cases
For an agreed continuance, the requesting party must submit a motion and proposed order to chambers, and the motion must state the reason and the opposing party’s position.
If a continuance is requested with the agreement of both parties, the party seeking the continuance shall submit to chambers a motion and a proposed order. The motion shall include the reason for the continuance and indicate whether the opposing part is in agreement with the continuance.
Page 2 | III. Requests for Continuance
Mediation cannot delay required pleadings, ordered return dates, or court hearings unless all interested parties join in a request and the Court orders the delay.
(g) Mediation shall not delay the required filing of any pleading or ordered return dates, or the scheduling of Court hearings, unless specifically requested by joinder of the interested parties and so ordered by the Court.
Civil cases
Page 3 | Rule 1.6 Mediation by Agreement, Local Rule or Court Order
Before a scheduled conciliation conference, either party may request a continuance in Form 9 if the plaintiff needs more time to review documents or the defendant needs 30 additional days for housing counseling.
CC. Continuance Requests: If, at any time prior to a scheduled conciliation conference, the plaintiff becomes aware that it will be unable to proceed to the conference due to the need for more time to review the documents provided by the defendant homeowner or the defendant requires an additional 30 days to complete housing counseling, the plaintiff or defendant may submit to the Diversion Program Coordinator a “Request for Continuance of Conciliation Conference” in the form attached hereto at Form “9.”
Page 16
The continuance request form seeks a thirty-day continuance and asks the requestor to state a reason.
A conciliation conference in this matter has been scheduled for at a.m./p.m. before the conciliation conference officer. I request a thirty-day continuance in this matter due to: [ ] The lender requires more time to review defendant’s loss mitigation package before conciliation. [ ] The defendant requires a brief extension of time to complete housing counseling and submit a loss mitigation package to the lender. [ ] Other:
Page 27 | Form 9
If the plaintiff becomes unable to attend, the plaintiff must request a continuance in writing from the defendant, any defendant’s attorney, and the Diversion Program Coordinator.
scheduled, the plaintiff becomes aware that it will be unable to proceed to the conference, then the plaintiff must contact the defendant, the defendant’s attorney, if any, and the Diversion Program Coordinator, in writing, to request a continuance of the conciliation conference.
Page 35
A continuance will not be granted unless good cause is shown.
Continuances will NOT be granted, absent good cause shown.
Page 40 | CASE MANAGEMENT ORDER
If the parties agree to extend the briefing schedule, they must file a Notice of Extension of Briefing Schedule stating the agreed extension.
If the parties agree to extend the briefing schedule, the parties shall file a Notice of Extension of Briefing Schedule settling forth the agreed upon extension.
Page 68 | RULE 1028(c)
Parties who agree to a continuance must file the specified uncontested motion and waiver using the form provided in Local Rule 1915.19(a).
Where the parties are in agreement for a continuance, they shall file an Uncontested Motion for Continuance and Waiver of Custody Case Time Requirements in the form provided in Local Rule 1915.19(a).
Page 73 | RULE 1915.5 (a). Jurisdiction. Contempt. Continuances. Emergency Relief
A party objecting to jurisdiction or venue before the custody conference must present the objection to the Court and the continuance request to the District Court Administrator.
A party objecting to jurisdiction or venue before the custody conference shall present the objection to the Court and present a request for a continuance to the District Court Administrator.
Page 73 | RULE 1915.5 (a). Jurisdiction. Contempt. Continuances. Emergency Relief
A contested continuance request must be presented to the Court and filed with the District Court Administrator under local procedure; a continuance within 14 days of the conference requires a court order and payment of the conference fee.
A contested request for a continuance of a scheduled custody conference shall be presented to the Court for decision. A request for continuance shall be filed with the District Court Administrator in accordance with local procedure. In all requests for a continuance, no continuances will be granted within 14 days of the conference without an order of Court and payment of the conference fee.
Page 73 | RULE 1915.5 (a). Jurisdiction. Contempt. Continuances. Emergency Relief
Continuances should be sought as soon as an issue arises affecting the party's or counsel's presence in court.
Continuances should be sought as soon as an issue arises affecting the party's or counsel's presence in court.
Page 2 | V. Requests for Continuance
A continuance request made within two business days before a trial or hearing is an emergency request, which the court expects to be rare.
Emergency motions for continuance are those occurring within two business days before a trial or hearing. The court expects that emergency requests for continuances will be rare.
Page 2 | V. Requests for Continuance
A trial ordinarily will not be continued because a witness, particularly an expert, is unavailable; if availability is doubtful, counsel are expected to arrange a written or videotaped trial deposition.
Trial will not ordinarily be continued because of the unavailability of a witness, particularly an expert witness. If a witness's availability for trial is doubtful, counsel will be expected to arrange for a written or videotaped trial deposition.
Page 5 | VIII. Trial Procedure – Civil Cases
A continuance should be sought as soon as an issue affecting a party’s or counsel’s presence in court arises.
Continuances should be sought as soon as an issue arises affecting the party’s or counsel’s presence in court.
Page 2 | III. Requests for Continuance
A continuance ordinarily will not be granted because a witness, particularly an expert witness, is unavailable.
Continuances will not ordinarily be granted because of the unavailability of a witness, particularly an expert witness.
Page 3 | IV. Civil Trials – Pre-trial Procedures
The court generally will not excuse counsel from the Call of the List unless counsel is attached for trial elsewhere, subject to very limited exceptions.
With very limited exceptions, the court will not excuse counsel from attending the Call of the List unless counsel is attached for trial elsewhere.
Page 5 | VII. Criminal Pre-trial Procedures — Call of the List
If the package is not completed and submitted by the first conciliation, the defendant must provide good cause for the court to consider allowing more time in diversion.
If this does not occur, Defendant shall be required to provide good cause for not completing and submitting a complete loss mitigation package by the date of the first conciliation for the Court to consider allowing more time in diversion for the package to be complete and submitted.
Page 13
Chambers Communication Rules
The Constable must first contact the court of the judge with the most warrants; if that judge cannot process them within one hour, the Constable must contact the judge with the next most warrants.
The Constable shall first contact the Magisterial District Court with the most issued warrants to process all the warrants for the defendant. If that Magisterial District Judge cannot process the warrants within one hour from the time he/she was contacted, the Constable shall contact the Magisterial District Judge with the next most issued warrants for the defendant.
Page 3 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
If a Constable contacts or appears at a Magisterial District Court with a defendant in custody without a warrant in hand and without Sheriff’s Office authorization to serve warrants, the Sheriff’s Office must be contacted immediately.
5. If a Constable contacts any Magisterial District Court or appears in any Magisterial District Court with a defendant in custody, without a warrant ‘in hand” and who has not been authorized by the Sheriff’s Office to serve warrants, the Lancaster County Sheriff’s Office must be contacted immediately.
Page 3 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
If no judge who issued a warrant is available, the on-call duty judge for the sector of the judge with the most warrants must process all outstanding warrants.
In the event that no Magisterial District Judge who issued a warrant is available, the on call duty Magisterial District Judge for the sector of the Magisterial District Judge with the most issued warrants shall process all outstanding warrants against the defendant.
Page 4 | Rule 1907.2. CONSTABLES – SERVICE OF WARRANTS
A litigant requesting a transcript based on inability to pay due to economic hardship must direct the request to the President Judge for determination.
E. Any requests by a litigant for a transcript pursuant to R.J.A 4007(E) alleging inability to pay due to economic hardship must be directed to the President Judge for determination as provided in L.C.R.J.A. 4008(B).
Page 4 | Rule 4007. Requests for Transcripts
Unless the judge orders otherwise, jury-instruction requests must be sent electronically to the listed chambers email address.
unless the judge orders otherwise, such requests shall be filed ten (10) days before commencement of the trial in electronic form in MS Word format to Judge_Brown_Chambers@lancastercountypacourt.gov
Page 4 | VII. Pretrial Procedure – Civil Trials; D.1 Requests for Jury Instructions
For non-jury cases, send requests for findings of fact and conclusions of law to the specified chambers email address.
In non-jury cases, requests for findings of fact and conclusions of law shall be submitted in electronic form in MS Word format to Judge_Brown_Chambers@lancastercountypacourt.gov.
Page 5 | VIII. Trial Procedure – Civil Cases
3. The District Court Administrator shall give prompt notice of the
3. The District Court Administrator shall give prompt notice of the
Criminal cases
Page 16 | RULE 536. Bail Pieces; Exoneration of Surety
When a defendant is committed to the Lancaster County Prison pursuant to a bail piece, the Warden or designee must notify the District Court Administrator within 12 hours.
1. In all cases where the Defendant is lodged in the Lancaster County Prison pursuant to a bail piece, the Warden or his designee shall notify the District Court Administrator within twelve (12) hours of commitment.
Criminal cases
Page 16 | RULE 536. Bail Pieces; Exoneration of Surety
After filing a motion that requires a court conference, the moving party must schedule it with the business judge by contacting the judge’s chambers directly.
Upon filing any motion requiring a conference in the Court, the moving party shall schedule the conference with the business judge by communicating directly with such judge’s chambers.
Criminal cases
Page 21 | RULE 575A. Motions Other Than Bail
An ex parte motion that is permitted under the Pennsylvania Rules of Criminal Procedure and requires a court order must be submitted directly to the business judge or the assigned judge.
Motions which may be submitted ex parte pursuant to the Pennsylvania Rules of Criminal Procedure and which require a Court order shall be submitted directly to the business judge or the judge assigned to the case.
Criminal cases
Page 22 | RULE 575A. Motions Other Than Bail
A motion that may be submitted ex parte must be submitted to the business judge or the judge assigned to the case.
Motions which may be submitted ex-parte shall be submitted to the business judge or the judge to whom the case has been assigned.
Criminal cases
Page 22 | RULE 575B. Uncontested and Ex-parte Motions
An unopposed motion must be submitted to the business judge or the judge assigned to the case.
The motion shall be submitted to the business judge or judge to whom the case has been assigned.
Criminal cases
Page 22 | RULE 575B. Uncontested and Ex-parte Motions
Counsel must remain near the courthouse during jury deliberations and give the bailiff a cell phone number.
Counsel must remain near courthouse during jury deliberations and provide their cell phone number to the bailiff.
Page 4 | V. Trial Procedure – Civil Cases
If final disposition is agreed and counsel cannot attend because of an emergency or scheduling conflict, counsel must email the judicial administrative assistant and copy the assigned assistant district attorney.
If an agreement for final disposition of a case has been reached, and counsel is unable to attend due to an emergency or scheduling conflict, counsel shall email the Judge’s judicial administrative assistant and copy the assistant district attorney assigned.
Page 5 | VII. Criminal Pre-trial Procedures — Call of the List
A copy of the required motion must be emailed to the judicial administrative assistant and law clerk in the stated circumstances.
In an emergency situation or when counsel is unable to attend the status conference due to a scheduling conflict, and counsel has been unable to secure an agreement with the District Attorney’s Office prior to the status conference, a short written motion must be filed with a copy email to the Judge’s judicial administrative assistant with a copy to the Judge’s law clerk.
Page 5 | VII. Criminal Pre-trial Procedures — Status Conferences
Counsel unable to attend the Call of the List because counsel is attached for trial elsewhere must email a copy of the motion to the judicial administrative assistant and law clerk.
Should counsel be attached for trial elsewhere and unable to attend, a written motion must be filed with the court and a copy must be emailed to the Judge’s judicial administrative assistant and law clerk.
Page 5 | VII. Criminal Pre-trial Procedures — Call of the List
Counsel for a represented defendant homeowner must notify the Diversion Program Coordinator of the representation.
S. If the defendant homeowner is represented by counsel in the mortgage foreclosure action, the defendant homeowner need not contact a housing counselor but, instead, counsel for the defendant homeowner shall notify the Diversion Program Coordinator of the legal representation and shall provide the loss mitigation package and workout proposal to the plaintiff, with a copy to the Diversion Program Coordinator, within the time deadlines set forth herein.
Page 14
If an agreement is reached before the scheduled conciliation conference, the plaintiff must immediately notify the Diversion Program Coordinator so the conference may be cancelled.
R. If an agreement is reached through negotiations prior to the scheduled conciliation conference, the plaintiff shall (a) prepare any documents necessary to implement the agreement, (b) immediately notify the Diversion Program Coordinator of the agreement so the conciliation conference may be cancelled, and (c) take the necessary action to ensure the record reflects the resolution of the matter.
Page 14
To remain in the Program, the homeowner must call the Court within the next ten days.
To remain in the Program, you must call the Court at the number above within the next TEN (10) days.
Page 20 | Urgent Notice
The homeowner is instructed to call the Court immediately.
Call the Court immediately at 717-209-3290.
Page 20 | Urgent Notice
To participate in the Program, the homeowner must call the Program Coordinator.
You must call the Program Coordinator at 717-209-3290
Page 20 | Urgent Notice
Counsel seeking to schedule argument must contact the Discovery Motions Judge’s chambers by telephone or email no later than noon on the Tuesday immediately before the requested court date.
Counsel seeking to list a motion for argument shall contact the Discovery Motions Judge chambers no later than noon on the Tuesday immediately preceding the requested court date by telephone or email to dmc@co.lancaster.pa.us.
Page 62 | Scheduling