Court of Common Pleas of Luzerne County, Pennsylvania

Legal papers filed electronically must be filed through the Clerk’s Electronic Filing System, accessible through the Luzerne County website.

All legal papers filed electronically shall be filed through the Clerk of Judicial Records’ electronic filing system (“Electronic Filing System”) that may be accessed through the Luzerne County website at www.luzernecounty.org.

Civil cases

Page 7 | (c)(2)(i) Website

Counsel and unrepresented parties must apply for and receive a username and password to access the Electronic Filing System.

To obtain access to the Electronic Filing System, counsel and any unrepresented party must apply for and receive a user name and password.

Civil cases

Page 7 | (c)(2)(ii) Website Access

Electronic filing of legal papers through the Clerk of Judicial Records’ electronic filing system is permitted in civil cases, except matters filed exclusively with the Domestic Relations Section and Orphans’ Court matters; the rule also governs electronic service under the cited Pennsylvania rule.

(a)(1)(i) This Rule governs the permissive electronic filing of all legal papers with the Clerk of Judicial Records through its electronic filing system as well as the electronic service of papers under terms more specifically provided by the Pa. R.C.P. No. 205.4 . (ii) In the context of this rule, “legal papers” which may be filed electronically shall be those in all civil cases, not including those matters filed exclusively with the Domestic Relations Section of the Court, and Orphans’ Court matters.

Civil cases

Page 6 | Practice and Procedure Generally

An accepted filing is deemed filed when received by the system, except that a filing submitted without the required fee is deemed accepted when payment is received.

If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by the Electronic Filing System; however, if a legal paper is submitted without the requisite filing fee, the legal paper shall be deemed to have been accepted for filing as of the date payment is received pursuant to 42 P.S. Section 21073(b).

Civil cases

Page 8 | (f)(iv) Local Procedures

A rule to show cause issued on a petition to appoint an arbitrator must be returnable at least 30 days later.

a rule to show cause issued upon a petition for appointment of an arbitrator shall be returnable in no less than thirty (30) days.

Civil cases

Page 9 | Procedure for Issuance of Rule to Show Cause

The return date assigned by the District Court Administrator must be at least 20 days later.

who shall assign a return date for the rule to show cause no less than twenty (20) days thereafter in accordance with internal operating procedures of the court.

Civil cases

Page 9 | Procedure for Issuance of Rule to Show Cause - Discretionary Issuance

A return date must be at least 20 days after assignment, or at least 30 days for a rule issued on a petition to appoint an arbitrator.

The District Court Administrator shall assign a return date for the rule to show cause, no less than twenty (20) days thereafter, in accordance with internal operating procedures of the court and issue the rule to show cause. However, a rule to show cause issued upon a petition for appointment of an arbitrator shall be returnable in no less than thirty (30) days.

Civil cases

Page 9 | Procedure for Issuance of Rule to Show Cause

The opposing party must file its answer and comprehensive brief within 15 days after service of the specified papers.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate of service, the opposing party must file an answer and comprehensive brief with the Clerk of Judicial Records, and, within three (3) days, serve all parties and the assigned Judge.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause - Individually Assigned Cases

The opposing party must file its answer and brief within 15 days after service of the listed papers.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, and a proposed order, the opposing party must file an answer, comprehensive brief, and certificate of service with the Clerk of Judicial Records and, within three (3) days, serve the same upon all parties and the Office of Court Administration.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause – Miscellaneous Court

A request for oral argument must be made when the brief is filed.

The request shall be made contemporaneously with the filing of the brief.

Civil cases

Page 11 | Rule 208.3(b), (a)(4)

A party wishing to oppose must file and serve a comprehensive responsive brief and certificate of service within 25 days after service of the matter and supporting brief.

Within twenty-five (25) days of service of the matter and supporting brief, any party wishing to oppose it shall file and serve a comprehensive responsive brief and certificate of service upon all parties.

Civil cases

Page 11 | Rule 208.3(b), (a)(3)

A certificate of trial readiness cannot be filed until discovery is complete and trial depositions are scheduled or completed, or while a case-dispositive motion is pending, unless the court orders otherwise.

No certificate of trial readiness may be filed until all discovery in the case has been complete and all depositions for use at trial have been scheduled or completed, nor may a certificate of trial readiness be filed if any case dispositive motion is pending for disposition by the court, or unless so ordered by the court.

Civil cases

Page 12 | Rule 214. Listing Cases for Hearing or Trial

A copy of the Discontinuance must be provided to the assigned Judge, if any, within 10 days after settlement is effected.

A copy of the Discontinuance must also be provided to the assigned Judge, if any, within 10 days after effectuation of settlement.

Civil cases

Page 13 | Rule 229.3. Discontinuance Upon Settlement

A party seeking to present additional evidence must present a motion stating the reason within 20 days after filing the appeal, accompanied by a rule to show cause, comprehensive brief, and proposed order.

In the event that a party desires to present additional evidence, a motion indicating the reason therefor shall be presented to the court within twenty (20) days after the filing of the appeal, along with a rule to show cause, a comprehensive brief, and proposed order.

Civil cases

Page 13 | Rule 270. Writ of Certiorari/Appeals From Zoning Hearing Boards

A defendant wishing to defend must, within 20 days after service of the complaint and notice, enter a written appearance and file written defenses or objections.

If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you.

Civil cases

Page 15 | NOTICE

A party contesting preliminary objections must file an opposition brief within 20 days after service and serve it on all parties and the District Court Administrator.

Within twenty (20) days after service of the preliminary objections, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

Civil cases

Page 16 | Rule 1028(c). Procedure for Filing of Preliminary Objections

A party wishing to oppose a motion for judgment on the pleadings must file and serve its opposition brief within 30 days after service of the motion, supporting brief, and proposed order.

(c) Within thirty (30) days of service of the motion, supporting brief, and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

Civil cases

Page 17

A party wishing to oppose a summary judgment motion must file and serve its opposition brief within 30 days after service of the motion, supporting brief, and proposed order.

(c) Within thirty (30) days after service of the motion for summary judgment, supporting brief, and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

Civil cases

Page 18 | Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

A bill of costs must be filed with the Clerk of Judicial Records within 10 days after the trial, continuance, or failure to reach the case, and a copy must be served on all adverse parties.

(a) A bill of costs for attendance of witnesses, service of subpoenas, and other expenses recoverable by rule of law or order of court, must be filed with the Clerk of Judicial Records, as may be appropriate, within ten (10) days after the trial, continuance, or failure to reach the case, and a copy thereof shall be served upon all adverse parties.

Civil cases

Page 18 | Rule 1037.2. Bill of Costs; Taxation

In a nonjury trial where the court delays its adjudication or decision, a bill of costs is timely if filed within 10 days after the adjudication or decision is entered on the docket.

In trials without jury where an adjudication or decision is delayed by the court, a bill of costs will be deemed timely if filed within ten (10) days after entry of the adjudication or decision on the docket.

Civil cases

Page 18 | Rule 1037.2. Bill of Costs; Taxation

A pending motion for peremptory judgment does not excuse or extend the defendant’s responsibility to timely file a responsive pleading.

The pendency of a motion for peremptory judgment in a mandamus action does not excuse or relax a defendant’s responsibility to timely file a responsive pleading to the plaintiff’s complaint.

Civil cases

Page 19 | Rule 1098(c)

A party served with a bill of costs may file exceptions and demand taxation within ten days.

A party upon whom a bill of costs has been served may, within ten (10) days, file exceptions thereto and demand that the same be taxed by the Clerk of Judicial Records.

Civil cases

Page 19

Either party may appeal the Clerk’s decision to the court within ten days after notice of the decision.

Either party may appeal from the decision of the Clerk of Judicial Records to the court within ten (10) days after notice of the decision.

Civil cases

Page 19

The Request for Conciliation Conference must be filed within sixty days after service of the complaint and notice and served on the plaintiff/lender.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the complaint and Notice of Residential Mortgage Foreclosure Diversionary Program, and shall be served upon the plaintiff/lender.

Civil cases

Page 20 | Rule 1143(b)

The borrower must take the action identified in the notice within sixty days after service of the complaint to participate in the court-supervised conference.

Service of the complaint in such a residential mortgage foreclosure action shall include the Notice of Residential Mortgage Foreclosure Diversionary Program, advising the defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days of service of the complaint in order to participate in a court-supervised conciliation conference pursuant to Luz. Co. R.C.P. No. 1143.1.

Civil cases

Page 20 | Rule 1143(a)

A Certification for Arbitration that does not provide all required information will be rejected.

Failure to provide the required information will result in the Certification for Arbitration being rejected.

Civil cases

Page 24 | Rule 1302. Certification for Arbitration

When a case is stricken from the arbitration list, a party must immediately file a Certificate of Readiness for Trial with the Clerk of Judicial Records and serve copies on all parties and the Office of Court Administration.

If a case is stricken from the arbitration list, any party shall file a Certificate of Readiness for Trial immediately with the Clerk of Judicial Records, in accordance with Luz. Co. R.C.P. No. 214, and serve copies of same upon all parties and the Office of Court Administration.

Civil cases

Page 26 | Rule 1305. Striking of Case from Arbitration List or Trial List

The Board must file its findings and award, and any written opinion it chooses to submit, within three business days after the hearing concludes.

The Board of Arbitrators shall file its findings and award, if any, as well as any written opinion (as in its discretion it may choose to submit), within three (3) business days from the conclusion of the hearing, in each case.

Civil cases

Page 27 | Rule 1309. Award

The plaintiff must file an affidavit of service by registered mail within five days after service, or as soon thereafter as the signed return receipt is returned.

(b) An Affidavit of Service by registered mail of such notice shall be filed with the Clerk of Judicial Records within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed, is returned to the plaintiff.

Civil cases

Page 28 | Rule 2205. Notice of Pendency of Wrongful Death Action

The return day for a rule seeking relief from a judgment by confession follows Luz. Co. R.C.P. No. 206.4(c), unless the court sets a different day when the petition is first presented.

The return day for a rule to show cause as to why relief from a judgment by confession should not be granted shall be determined in accordance with Luz. Co. R.C.P. No. 206.4(c), unless the court directs a different return day at the time the petition is first presented.

Civil cases

Page 29 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

A resale may not be scheduled sooner than 72 hours after the original sale date.

The resale date cannot be sooner than seventy-two (72) hours from the original sale date.

Civil cases

Page 29 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

The Request for Conciliation Conference must be filed with the Clerk of Judicial Records within 60 days after service of the diversionary-program notice.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days after service of the “Notice of Residential Mortgage Foreclosure Diversionary Program”

Civil cases

Page 30 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

The required affidavit must be filed with the Clerk of Judicial Records and delivered to the Sheriff before residential property is listed for Sheriff’s Sale.

(d) The affidavit required by Luz. Co. R.C.P. No. 3129.1(c) shall be filed with the Clerk of Judicial Records and a copy shall be delivered to the Sheriff before any residential property may be listed for Sheriff’s Sale.

Civil cases

Page 30 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

The appeal must be filed with the Clerk of Judicial Records within the time required by law.

and shall be filed with the Clerk of Judicial Records within the time required by law.

Civil cases

Page 31 | TAX ASSESSMENT APPEALS

The intervenor must file proof of service with the Clerk within ten days after filing the Notice of Intervention.

(d) Intervenor shall file with the Clerk of Judicial Records, within ten (10) days of the filing of the Notice of Intervention, proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.C.P. No. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

Civil cases

Page 32 | TAX ASSESSMENT APPEALS

The appellant must file proof of service with the Clerk within ten days after filing the appeal.

(d) Appellant shall file with the Clerk of Judicial Records, within ten (10) days after 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.C.P. No. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

Civil cases

Page 32 | TAX ASSESSMENT APPEALS

Each party of record must file the memorandum with the Clerk and serve the assigned judge at least seven days before the conference.

Each party of record shall file, with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the assigned judge at least seven (7) days prior to the date of the scheduled conference

Civil cases

Page 33 | Rule 5003. Pretrial Status Conference

A homeowner without an attorney must contact the housing counselor within 60 days after receiving the notice to schedule an appointment, as a step toward eligibility for a conciliation conference.

If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within sixty (60) days of your receipt of this notice, you must contact a housing counselor at the Commission on Economic Opportunity, Attention David Ritter, at 570-826-0510, Ext. 216 or 1-800-822-0359, to schedule an appointment.

Civil cases

Page 38

After contacting a housing counselor, a homeowner without an attorney must meet with the counselor within 60 days of the telephone contact.

Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within sixty (60) days of your telephone contact with him/her.

Civil cases

Page 38

After contacting a housing counselor, a person without an attorney must meet with the counselor within 20 days of the telephone contact.

Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone contact with them.

Civil cases

Page 44 | FORM 6A

A person without an attorney must contact a housing counselor within 20 days after receiving the notice to schedule an appointment.

First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the Commission on Economic Opportunity, Attention David Ritter, at 570-826-0510, Ext. 216 or 1-800-822-0359, to schedule an appointment.

Civil cases

Page 44 | FORM 6A

Pleading deadlines are stayed until the conciliation conference concludes.

2. Effective immediately, pleading deadlines are stayed pending the outcome of the conciliation conference.

Civil cases

Page 53 | FORM 12 — PRACTICE ORDER

If dispositive motions are denied, Plaintiff must file a praecipe for arbitration within 30 days of the denial order or orders.

If dispositive motions are denied, Plaintiff shall file a praecipe for arbitration within thirty (30) days of the order/s denying the dispositive motion/s.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

Dispositive motions must be filed within 90 days of the Order.

Any dispositive motions shall be filed within ninety (90) days of the date of this Order.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

Defendant must file a responsive pleading within 20 days after the Order, or may face default judgment.

Defendant shall file a responsive pleading to the complaint within twenty (20) days of the date of this Order. Failure to do so may result in a Default Judgment.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

Responses to dispositive motions are due within 30 days after the motion is filed.

Responses to dispositive motions are due within thirty (30) days of the filing of the dispositive motion.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

Failure to timely file the required praecipe for arbitration will result in dismissal with prejudice upon motion to the Court.

Failure by Plaintiff to praecipe for arbitration within the time set forth above shall result in dismissal of this action with prejudice, upon motion to the Court.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

If no dispositive motion is filed, Plaintiff must file a praecipe for arbitration within 120 days of the Order.

If no dispositive motions are filed, Plaintiff shall file a praecipe for arbitration within one hundred and twenty (120) days of the date of this Order.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

All discovery must be completed within 60 days of the Order.

Any and all discovery shall be completed within sixty (60) days of the date of this Order.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

The opposing party must file an answer, comprehensive brief, and certificate of service within fifteen days after service of the specified papers.

Within fifteen (15) days of service of the Rule to Show Cause, the underlying motion/petition, a comprehensive brief in support and a proposed order, the opposing party must file an answer, comprehensive brief and a certificate of service with the Clerk of Judicial Records.

Civil cases

Page 1 | PRACTICE AND PROCEDURAL GENERALLY

The opposing party must file its brief within 10 days after the proponent’s brief is filed.

The opposing party’s brief shall be filed within ten (10) days of the proponent’s brief.

Civil cases

Page 4 | Rule 1910.12 (e). Brief on Exceptions

The proponent must file a comprehensive supporting brief with the Domestic Relations Recording Clerk within 10 days after exceptions are filed, unless the court extends the time for good cause.

Within ten (10) days of the filing of exceptions by either party, the proponent shall file with the Domestic Relations Recording Clerk a comprehensive brief in support of the exceptions, unless the time for filing the brief is extended upon court order for good cause.

Civil cases

Page 4 | Rule 1910.12 (e). Brief on Exceptions

divorce decree shall be required to specifically state the alimony shall be paid to and collected by the Luzerne County Domestic Relations Section and shall be filed immediately upon issuance.

divorce decree shall be required to specifically state the alimony shall be paid to and collected by the Luzerne County Domestic Relations Section and shall be filed immediately upon issuance.

Civil cases

Page 5

A party must file a custody-trial request within 20 days of the interim order and serve it on chambers and all parties; without a timely request, the interim order becomes final.

All parties must file a Request for a Custody Trial within twenty (20) days of the date of the Interim Order issuing from the Evidentiary Hearing and serve a copy of same upon the judge’s chambers and upon all parties. In the event no request is made for a

Civil cases

Page 5 | CUSTODY PROCEDURES

Counsel or self-represented parties may submit a signed stipulation and proposed order within 30 days of a scheduled conciliation conference.

Counsel or self-represented parties may submit to the Court a signed stipulation and proposed Order within thirty (30) days of any scheduled Conciliation Conference.

Civil cases

Page 6 | CUSTODY PROCEDURES

After an electronic filing is accepted, the filing party is responsible for properly serving the other party and the Court under the applicable rules.

Once an electronic filing has been accepted by the Clerk of Judicial Records, it shall be the responsibility of the filing party to properly serve the other party and the Court in accordance these Rules, and Pa. R.C.P. Nos. 400, et. seq. (service of original process) or Pa. R.C.P. No. 440 (Service of Legal Papers other than Original Process), as appropriate.

Civil cases

Page 8 | (g)(1) Service of Electronically Filed Legal Papers

The moving party must serve time-stamped copies on all opposing parties within three days and deliver a copy to the Office of Court Administration.

Once a rule to show cause has been issued and a return date has been assigned, the moving party shall file the executed rule to show cause indicating the assigned return date, the underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate of service with the Clerk of Judicial Records and shall, within three (3) days, serve a time-stamped copy of the aforementioned upon all opposing parties, and deliver a copy to the Office of Court Administration.

Civil cases

Page 9 | Procedure Upon the Issuance of a Rule to Show Cause – Miscellaneous Court

The movant must serve all parties with a time-stamped copy and certificate of service within three days after the court signs the rule.

Once the court signs the rule to show cause, the movant shall, within three (3) days, serve a time-stamped copy and certificate of service on all parties.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause - Individually Assigned Cases

Papers must be served on all parties immediately after filing by delivery, mail, or email.

Service shall be made immediately after filing by delivering, mailing, or emailing to all parties.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause – Miscellaneous Court

Proof of service must be filed as a written acknowledgment, the server’s affidavit, or counsel’s certification.

Proof of service shall be filed and shall be by written acknowledgement of service, by affidavit of the person making service, or by certification of counsel.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause – Miscellaneous Court

The opposing party must serve all parties and the assigned judge within three days after filing its response papers.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate of service, the opposing party must file an answer and comprehensive brief with the Clerk of Judicial Records, and, within three (3) days, serve all parties and the assigned Judge.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause - Individually Assigned Cases

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, and a proposed order, the opposing party must file an answer, comprehensive brief, and certificate of service with the Clerk of Judicial Records and, within three (3) days, serve the same upon all parties and the Office of Court Administration.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, and a proposed order, the opposing party must file an answer, comprehensive brief, and certificate of service with the Clerk of Judicial Records and, within three (3) days, serve the same upon all parties and the Office of Court Administration.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause – Miscellaneous Court

Notice of intent to present a motion to compel must be provided to all parties of record at least three business days before presentation and attached to the motion.

Notice of Intention to Present any such Motions to Compel must be provided to all parties of record not less than three (3) business days prior to the date of presentation and must be attached to the Motion.

Civil cases

Page 11 | Rule 208.3(a). Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents

A copy must be served on all parties within three days after filing by delivery, mail, or email.

Service shall be made within three (3) days after filing by delivering, mailing, or emailing a copy to all parties.

Civil cases

Page 11 | Rule 208.3(b), (a)(6)

The opposing party must serve its responsive brief and certificate of service on all parties.

Within twenty-five (25) days of service of the matter and supporting brief, any party wishing to oppose it shall file and serve a comprehensive responsive brief and certificate of service upon all parties.

Civil cases

Page 11 | Rule 208.3(b), (a)(3)

The moving party must serve a copy of the matter and supporting papers on all parties and the District Court Administrator.

Any moving party filing such matters shall contemporaneously file a comprehensive brief and certificate of service in support thereof and serve a copy upon all parties and the District Court Administrator.

Civil cases

Page 11 | Rule 208.3(b), (a)(1)

The party seeking to certify the case for trial must advise all parties of that intention at least 15 days before filing the certificate.

At least fifteen (15) days prior to the filing of a certificate of trial readiness, the party seeking to certify the case for trial must advise all of parties of his/her/its intention to file a certificate of trial readiness.

Civil cases

Page 12 | Rule 214. Listing Cases for Hearing or Trial

Each party must serve its pretrial memorandum on all other parties at least two days before the pretrial conference.

Each party to an action shall file a Pre-Trial Memorandum with the assigned Judge, and, thereafter, shall serve a copy on all other parties at least two (2) days prior to the pre-trial conference.

Civil cases

Page 12 | Rule 212.2. Pre-Trial Conference – Pre-Trial Memoranda

A contesting party must serve its opposition brief on all parties and the District Court Administrator.

Within twenty (20) days after service of the preliminary objections, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

Civil cases

Page 16 | Rule 1028(c). Procedure for Filing of Preliminary Objections

Proof of service must be filed as a written acknowledgment, an affidavit by the person who served, or counsel’s certification.

Proof of service shall be filed and shall be by written acknowledgment of service by affidavit of the person making service, or by certification of counsel.

Civil cases

Page 16 | Rule 1028(c). Procedure for Filing of Preliminary Objections

The moving party must immediately serve the preliminary-objection papers on the District Court Administrator and opposing parties after filing.

After filing, as provided in subsection (a), the moving party shall immediately: (1) Serve a copy of the preliminary objections, the comprehensive brief, and proposed order upon the District Court Administrator; (2) File with the District Court Administrator a Civil Argument Sheet, which is available at the Office of Court Administration; and, (3) Serve a copy of the aforementioned upon all opposing parties.

Civil cases

Page 16 | Rule 1028(c). Procedure for Filing of Preliminary Objections

A copy must be delivered, mailed, or emailed to all parties within three days after filing.

Service shall be made within three (3) days of filing by delivering, mailing, or emailing a copy to all parties.

Civil cases

Page 16 | Rule 1028(c). Procedure for Filing of Preliminary Objections

When a case was individually assigned before preliminary objections are filed, the filing party must also serve the assigned judge with the objections, brief, and proposed order.

If a case is individually assigned before preliminary objections are filed, the party or parties filing the preliminary objections shall comply with all of the preceding subsections of this Rule and serve the assigned Judge with a copy of the preliminary objections, brief, and proposed order.

Civil cases

Page 16 | Rule 1028(c). Procedure for Filing of Preliminary Objections

If the case was individually assigned before the motion is filed, the moving party must serve the assigned judge with the motion, brief, and proposed order, in addition to complying with the preceding subsections.

(h) If a case is individually assigned before the motion for judgment on the pleadings is filed, the party or parties filing the motion for judgment on the pleadings shall comply with all of the preceding subsections of this Rule and serve the assigned Judge with a copy of the motion for judgment on the pleadings, brief, and proposed order.

Civil cases

Page 17

After filing a motion for judgment on the pleadings, the moving party must immediately serve the motion, brief, and proposed order on the District Court Administrator, file a Civil Argument Sheet with the Administrator, and serve the documents on opposing parties.

(b) After filing as provided in subsection (a), the moving party shall immediately: (1) serve a copy of the motion for judgment on the pleadings, the comprehensive brief and proposed order upon the District Court Administrator; (2) file with the District Court Administrator a Civil Argument Sheet, which is available at the Office of Court Administration; and, (3) serve a copy of the aforementioned upon all opposing parties.

Civil cases

Page 17

A copy must be served on all parties within three days after filing by delivery, mail, or email.

(f) Service shall be made within three (3) days of filing by delivering, mailing, or emailing a copy to all parties.

Civil cases

Page 17

Proof of service must be filed as a written acknowledgment, an affidavit by the person who served the papers, or counsel’s certification.

(g) Proof of service shall be filed and shall be by written acknowledgment of service by affidavit of the person making service or by certification of counsel.

Civil cases

Page 17

After filing a summary judgment motion, the moving party must immediately serve the motion, brief, supporting documents, and proposed order on the District Court Administrator and opposing parties, and file a Civil Argument Sheet with the Administrator.

(b) After filing as provided in subsection (a), the moving party shall immediately: (1) serve a copy of the motion for judgment on the pleadings, the comprehensive brief and proposed order upon the District Court Administrator; (2) file with the District Court Administrator a Civil Argument Sheet, which is available at the Office of Court Administration; and, (3) serve a copy of the aforementioned upon all opposing parties.

Civil cases

Page 17 | Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

If the case was individually assigned before the motion is filed, the moving party must serve the assigned judge with the motion, brief, and proposed order, in addition to complying with the preceding subsections.

(h) If a case is individually assigned before the motion for summary judgment is filed, the party or parties filing the motion for summary judgment shall comply with all of the preceding subsections of this Rule and serve the assigned Judge with a copy of the motion for summary judgment, brief, and proposed order.

Civil cases

Page 18 | Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

A copy must be served on all parties within three days after filing by delivery, mail, or email.

(f) Service shall be made within three (3) days of filing by delivering, mailing, or emailing a copy to all parties.

Civil cases

Page 18 | Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

A copy of a bill of costs must be served on all adverse parties.

(a) A bill of costs for attendance of witnesses, service of subpoenas, and other expenses recoverable by rule of law or order of court, must be filed with the Clerk of Judicial Records, as may be appropriate, within ten (10) days after the trial, continuance, or failure to reach the case, and a copy thereof shall be served upon all adverse parties.

Civil cases

Page 18 | Rule 1037.2. Bill of Costs; Taxation

Proof of service must be filed as a written acknowledgment, an affidavit by the person who served the papers, or counsel’s certification.

(g) Proof of service shall be filed and shall be by written acknowledgment of service, by affidavit of the person making service, or by certification of counsel.

Civil cases

Page 18 | Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

Copies of the appeal papers must be served on the adverse parties or their attorneys.

Copies of the appeal papers shall be served upon the adverse parties or their attorneys.

Civil cases

Page 19

If service of the complaint is attempted but not perfected, the plaintiff must petition for alternative service within 30 days of the first failed attempt or the action will be dismissed.

(d) Service. In eligible consumer debt actions, if at least one attempt at service of the complaint is made, and service is not perfected, the plaintiff shall petition the court for alternative service within thirty (30) days after the first failed attempt at service, or the action shall be dismissed.

Civil cases

Page 19 | Rule 1144.1. Commencement of Consumer Debt Actions

The complaint must be served with the diversionary-program notice, which advises the borrower to take the required action within sixty days after service to participate in a conciliation conference.

Service of the complaint in such a residential mortgage foreclosure action shall include the Notice of Residential Mortgage Foreclosure Diversionary Program, advising the defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days of service of the complaint in order to participate in a court-supervised conciliation conference pursuant to Luz. Co. R.C.P. No. 1143.1.

Civil cases

Page 20 | Rule 1143(a)

The Request for Conciliation Conference must be served on the plaintiff/lender.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the complaint and Notice of Residential Mortgage Foreclosure Diversionary Program, and shall be served upon the plaintiff/lender.

Civil cases

Page 20 | Rule 1143(b)

A party intending to file a Certification for Arbitration must notify all other parties at least 30 days before filing.

At least 30 days prior to the filing of a Certification for Arbitration, a party must notify all other parties of one’s intention to file the Certification for Arbitration.

Civil cases

Page 24 | Rule 1302. Certification for Arbitration

Copies of the Certificate of Readiness for Trial must be served on all parties and the Office of Court Administration when the case is stricken from the arbitration list.

If a case is stricken from the arbitration list, any party shall file a Certificate of Readiness for Trial immediately with the Clerk of Judicial Records, in accordance with Luz. Co. R.C.P. No. 214, and serve copies of same upon all parties and the Office of Court Administration.

Civil cases

Page 26 | Rule 1305. Striking of Case from Arbitration List or Trial List

The Clerk must send the hearing order by first-class mail to each attorney of record or, for an unrepresented party, to the party’s last known address, and file proof of service.

The Clerk of Judicial Records, under the direction of the Office of Court Administration, shall mail a copy of the Order scheduling the hearing date, time, and place to each attorney of record and, in the event a party is not represented of record by an attorney, to such party at his or her last known address by first-class mail and file of record proof of service in each case.

Civil cases

Page 26 | Rule 1306. Notice of Hearing

The plaintiff must serve all other parties with the executed form no later than the time it is presented to the arbitrators.

Plaintiff shall serve a copy of the executed form upon all other parties at or before the time the same is presented to the arbitrators.

Civil cases

Page 27 | Rule 1310. Delay Damages

The appellant must serve all parties with the appeal-related papers simultaneously with filing the appeal.

(c) Simultaneously with the filing of the appeal, appellant shall file a Certificate of Readiness for Trial with the Clerk of Judicial Records, serve all parties and shall deliver a time- stamped copy to the Office of Court Administration which shall assign the case to a Judge for trial in the ordinary course.

Civil cases

Page 28 | Rule 1312. Appeal

The plaintiff must file proof that the notice was served by registered mail, using an affidavit of service.

(b) An Affidavit of Service by registered mail of such notice shall be filed with the Clerk of Judicial Records within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed, is returned to the plaintiff.

Civil cases

Page 28 | Rule 2205. Notice of Pendency of Wrongful Death Action

The Sheriff must mail the defendant a copy of the handbill at the defendant’s last known address at least six days before a personal-property sale.

In addition to the Notice Requirements of Pa. R.C.P. No. 3128(a), Notice of Sale of Personal Property shall be given by the Sheriff sending a copy of the handbill to the defendant by regular mail addressed to the last known address of the defendant, at least six (6) days prior to the sale.

Civil cases

Page 29 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

For a covered primary-residence sale, unless the borrower was already served with the required notice, the plaintiff or lender must serve the borrower with the diversionary-program notice substantially in Form 6’s format.

(c) If the real property sought to be sold pursuant to Pa. R.C.P. No. 3129.1 is a residential property which serves as the primary residence of the defendant/borrower, and, unless the defendant/borrower has already been served with the required “Notice of Residential Mortgage Foreclosure Diversionary Program” pursuant to Luz. Co. R.C.P. No. 1143(a), the plaintiff/lender must serve a “Notice of Residential Mortgage Foreclosure Diversionary Program” upon the defendant/borrower in substantially the format set forth in Form 6 of the Appendix to these Rules

Civil cases

Page 29 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

Notice must be given to all bidders who appeared at the original sale before a resale is scheduled.

No resale shall be scheduled without first giving notice to all bidders who appeared at the originally scheduled sale.

Civil cases

Page 29 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

The Request for Conciliation Conference must be served on plaintiff/lender’s counsel, and a copy must also be served on the District Court Administrator.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days after service of the “Notice of Residential Mortgage Foreclosure Diversionary Program” and shall be served upon counsel for the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the District Court Administrator.

Civil cases

Page 30 | EXECUTION AND ENFORCEMENT OF JUDGMENTS

The intervenor must serve the Notice of Intervention by certified or registered mail on the appellant, appellee, any respondent owner, and other intervening parties of record.

(c) Intervenor shall serve copies of the Notice of Intervention by certified or registered mail upon Appellant, Appellee, any Respondent owner, and any other intervening parties of record.

Civil cases

Page 32 | TAX ASSESSMENT APPEALS

The appellant must serve the appeal by certified or registered mail on the Board, affected taxing authorities not named as appellant, and any respondent owner, using the specified addresses.

(c) Appellant shall serve copies of the appeal by certified or registered mail upon the Luzerne County Board of Assessment Appeals at its official office, and, unless named as the appellant, upon all taxing authorities affected by the appeal, which may include Luzerne County, the municipality in which the property is located, and the school district in which the property is located, at their respective official offices, or, in the absence of an official office, at the last known address of the secretary of each body and upon the respondent owner of the real estate at the owner’s last known address.

Civil cases

Page 32 | TAX ASSESSMENT APPEALS

Copies must be served on all parties of record by personal service or regular mail, with proof consisting of a verified statement.

along with proof of service of copies thereof upon all parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement, as “verified” is defined in Pa. R.C.P. No. 76.

Civil cases

Page 33 | Rule 5003. Pretrial Status Conference

A copy of the certificate of readiness must be served on all counsel having an interest in the case at least 15 days before filing.

A COPY OF THIS CERTIFICATE OF READINESS HAS BEEN SERVED ON ALL COUNSEL HAVING AN INTEREST IN THIS CASE NO LESS THAN 15 DAYS PRIOR TO THE FILING

Civil cases

Page 35 | FORM 2 — Certificate of Readiness

The petition’s certificate of service records service of a copy on the plaintiff or plaintiff’s counsel by United States Mail.

AND NOW, this _______ day of ________________, 20__, I/we, the named Defendant(s), certify that I/we have served on this date a true and correct copy of the Petition to Re-Enter the Luzerne County Mortgage Foreclosure Diversionary Program filed by the Defendant(s) upon Plaintiff or Plaintiff’s Legal Counsel listed below, by depositing the same with United States Mail.

Civil cases

Page 48 | Certificate of Service

At least 30 days’ prior notice of the intent to file the arbitration certification must be given to appearing counsel and unrepresented parties.

At least thirty (30) days prior notice was given of the intention to file this Certification for Arbitration to all counsel who have entered their appearance and to all unrepresented parties;

Civil cases

Page 49 | Form 9—Certification for Arbitration

The Prothonotary must serve notice of the order’s entry on counsel of record and any unrepresented party under Pa.R.C.P. 236.

The Luzerne County Clerk of Judicial Services and Records (Prothonotary) is directed to serve notice of the entry hereof upon all counsel of record and/or any unrepresented party, pursuant to Pa.R.C.P. 236.

Civil cases

Page 53 | FORM 12 — PRACTICE ORDER

A copy of each preliminary objection, motion, or response must be served on the undersigned at the time of filing.

A copy of any preliminary objections, motions, and/or responses shall be served on the undersigned simultaneously with filing.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

The Prothonotary must serve notice of the Order’s entry on counsel of record and any unrepresented party under Pa.R.C.P. 236.

The Luzerne County Clerk of Judicial Services and Records (Prothonotary) is directed to serve notice of the entry hereof upon all counsel of record and/or any unrepresented party, pursuant to Pa.R.C.P. 236.

Civil cases

Page 55 | Scheduling Order for Consumer Debt Case

The moving party must serve all opposing parties with a time-stamped copy of the filed materials within three days of filing them.

The moving party shall within three (3) days of filing the aforementioned, serve a time- stamped copy of the same upon all opposing parties

Civil cases

Page 1 | PRACTICE AND PROCEDURAL GENERALLY

The appropriate filing fee must accompany a Certification for Arbitration filed after a case is stricken from the trial list.

If a case is stricken from the trial list by the court, any party shall file a Certification for Arbitration on the form approved by the court, together with the appropriate filing fee.

Civil cases

Page 25 | Rule 1305. Striking of Case from Arbitration List or Trial List

A filing fee applies to a consent judgment/order, with the amount specified in the current fee schedule.

The filing fee for a consent judgment/order is set forth in the current Clerk of Judicial Records Fee Schedule.

Civil cases

Page 53 | FORM 12 — PRACTICE ORDER

The plaintiff must pay the filing fee associated with filing the consent judgment/order.

Plaintiff shall be responsible for filing this consent judgment/order with the Clerk of Judicial Records (Prothonotary) and paying the associated filing fee.

Civil cases

Page 54 | FORM 13 — CONSENT JUDGMENT/ORDER

The Hearing Officer’s fees must be paid, unless the court has granted eligibility for a waiver of fees and costs.

When a Hearing Officer in Divorce has been appointed, prior to filing the Praecipe to Transmit Record, a Certification must be filed verifying that the Hearing Officer's fees have been paid or an eligibility for Waiver of fees and costs petition was granted by the Court.

Civil cases

Page 8 | DIVORCE PROCEDURES

Filing fees may be paid electronically with Mastercard, VISA, or Discover credit or debit cards.

The Clerk of Judicial Records will accept electronic payment of all filing fees with the following credit and debit cards: Mastercard, VISA, and Discover.

Civil cases

Page 7 | (d)(1)(i) Payment of Filing Fees

The Clerk will not accept filing-fee payment by depositing funds in advance.

The Clerk of Judicial Records will not accept payment by depositing, in advance, sufficient funds with it.

Civil cases

Page 7 | (d)(1)(iii) Payment of Filing Fees

A convenience fee set by the card vendor will be charged when paying by credit or debit card.

The credit or debit card will be charged with a convenience fee dictated by the credit card vendor.

Civil cases

Page 7 | (d)(1)(ii) Payment of Filing Fees

The opposing party must deliver one copy of the answer to the assigned judge's chambers within three days after filing it.

The opposing party shall within three (3) days of the filing of the answer, serve the same upon all parties and deliver a copy to the chamber of the assigned judge to the case.

Civil cases

Page 1 | PRACTICE AND PROCEDURAL GENERALLY

The moving party must deliver one copy of the filed materials to the assigned judge's chambers within three days of filing.

The moving party shall within three (3) days of filing the aforementioned, serve a time- stamped copy of the same upon all opposing parties and deliver a copy to the chambers of the assigned judge to the case.

Civil cases

Page 1 | PRACTICE AND PROCEDURAL GENERALLY

Within three days, the moving party must deliver a copy of the filed materials to the assigned judge’s chambers.

and shall, within three (3) days, serve a time- stamped copy of the aforementioned upon all opposing parties and deliver a copy to the chamber of the judge who is assigned to the case.

Civil cases

Page 8 | Rule 1915.13. Special Relief

Arbitrators must keep the delay-damages envelope unopened and not ascertain its contents until deciding the merits, and may then open it only if delay damages apply; otherwise, the Chair must return it unopened to the Clerk with the Board’s report.

No arbitrator shall open the aforesaid envelope, or, in any other manner, attempt to ascertain the contents thereof, until the Board of Arbitrators has reached a decision on the merits of the case, and then, only if delay damages are applicable. If, after deciding the merits of the case, delay damages are not applicable, the Chair of the Board of Arbitrators shall return the unopened envelope to the Clerk of Judicial Records, together with the report of the Board.

Civil cases

Page 27 | Rule 1310. Delay Damages

Except for matters governed by subsections (B) and (D), a party seeking a rule to show cause must present it together with the underlying document.

(a) With the exception of those matters governed by subsections (B) and (D) of this Local Rule, a party seeking a rule to show cause shall present the same along with the underlying

Civil cases

Page 8 | Rule 206.4(c), Procedure for Issuance of Rule to Show Cause

Before presenting a discovery motion, the moving party must confer or attempt to confer with all interested parties to try to resolve the matter without court action.

All motions relating to discovery shall include a certification that the moving party has conferred or attempted to confer with all interested parties concerning the subject matter of the motion to resolve the matter without court action prior to the presentment of the motion.

Civil cases

Page 10 | Rule 208.2(e). Certification Relating to Discovery

After individual assignment, motions to compel under this rule must be presented to the assigned judge.

Once a case has been individually assigned to a Judge, any such “motions” under this Rule shall be presented to the assigned Judge.

Civil cases

Page 11 | Rule 208.3(a). Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents

(a) Any motion seeking any relief under Pa. R.C.P. Nos. 4001 to 4020 inclusive, shall be disposed of on a rule to show cause returnable to the Miscellaneous Court Judge who may hold a hearing and issue an appropriate order pursuant to Luz. Co. R.C.P. Nos. 206.4(c) and 208.3(b).

(a) Any motion seeking any relief under Pa. R.C.P. Nos. 4001 to 4020 inclusive, shall be disposed of on a rule to show cause returnable to the Miscellaneous Court Judge who may hold a hearing and issue an appropriate order pursuant to Luz. Co. R.C.P. Nos. 206.4(c) and 208.3(b).

Civil cases

Page 30 | DEPOSITIONS AND DISCOVERY

In an individually assigned case, a motion seeking relief under Pa. R.C.P. Nos. 4001–4020 must be made returnable to the assigned judge, whose chambers will schedule a hearing if necessary and issue appropriate orders.

(b) For any case that has been individually assigned, any such motion seeking relief under Pa. R.C.P. Nos. 4001 to 4020 must be made returnable to the Judge to whom the case has been assigned for his/her chambers to schedule a hearing, if necessary, and issue any and all appropriate orders.

Civil cases

Page 30 | DEPOSITIONS AND DISCOVERY

The matter is decided without oral argument unless a party requests it under Pa. R.C.P. No. 211 or the assigned judge orders it.

The matter shall be ruled upon without oral argument unless requested by any party pursuant to Pa. R.C.P. No. 211 or so ordered by the Judge to whom the assignment has been made.

Civil cases

Page 11 | Rule 208.3(b), (a)(4)

A party that fails to file a brief as required by the applicable rules may be denied oral argument.

Any party who has failed to file a brief in accordance with the applicable rules of court may be denied oral argument.

Civil cases

Page 12 | Rule 211. Oral Argument

A motion for judgment on the pleadings is decided without oral argument unless a party requests it or the court orders it; a party must file its request with the Administrator with its brief or later with the assigned judge.

(d) The motion for judgment on the pleadings shall be ruled upon without oral argument unless requested by any party, or ordered by the court. The request must be filed with the District Court Administrator contemporaneously with the filing of the party’s brief or, thereafter, to the Judge to whom the motion for judgment on the pleadings has been assigned.

Civil cases

Page 17

A summary judgment motion is decided without oral argument unless a party requests it or the court orders it; a party must file its request with the Administrator with its brief or later with the assigned judge.

(d) The motion for summary judgment shall be ruled upon without oral argument unless requested by any party, or ordered by the court. The request must be filed with the District Court Administrator contemporaneously with the filing of the party’s brief, or, thereafter, to the Judge to whom the motion for summary judgment has been assigned.

Civil cases

Page 18 | Rule 1035.2(a). Procedure for Filing of Motion for Summary Judgment

A supporting brief is not required for these motions to compel.

A brief in support of the Motion shall not be required.

Civil cases

Page 3 | Rule 208.3 (c). Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents

More than seven days before the hearing, the parties may agree to one continuance; the written request must be presented to the Office of Court Administration, which will reschedule the hearing within 60 days of the original date.

More than seven (7) days prior to the hearing date, a case may be continued one (1) time by agreement of all parties. The request for continuance must be in writing and presented to the Office of Court Administration. The Office of Court Administration shall reschedule the arbitration hearing to the next available date, but not more than sixty (60) days after the original date.

Civil cases

Page 26 | Rule 1307. Continuances

A continuance request made less than seven days before the hearing, or without all parties’ agreement, must be presented to the Motions Judge for decision after notice to all parties.

Requests for continuance made less than seven (7) days before the scheduled hearing, or, in instances when all parties do not concur in the request for continuance, shall, after notice to all parties, be presented to the Motions Judge for adjudication.

Civil cases

Page 26 | Rule 1307. Continuances

A request to continue a conference must be made to the assigned conference officer at least 48 hours before the scheduled conference, with notice to the opposing party or counsel.

Requests to continue a conference shall be made to the assigned conference officer no later than forty-eight (48) hours before the time set for the conference with notice to the opposing party or counsel.

Civil cases

Page 4 | Rule 1910.12.1. Continuances

A hearing before the Hearing Officer may not be continued without a written motion signed by the party and, if any, counsel of record, stating a meritorious reason.

No hearing scheduled before the Hearing Officer shall be continued in the absence of a written Motion, signed by the party and his or her attorney of record, if any, containing a meritorious reason therefore.

Civil cases

Page 4 | Rule 1910.12.1. Continuances

A continuance motion for a Hearing Officer hearing must be made as soon as the reason is known and no later than 48 hours before the hearing, unless the opportunity did not previously exist or the interest of justice requires a later motion.

A motion for a hearing before the Hearing Officer on behalf of a party shall be made as soon as the reason for the continuance is known, but no later than forty-eight (48) hours before the time set for the hearing. A later Motion shall be entertained only when the opportunity therefore did not previously exist or the interest of justice requires it.

Civil cases

Page 4 | Rule 1910.12.1. Continuances

A continuance may not be granted ex parte.

No continuance shall be granted ex parte.

Civil cases

Page 4 | Rule 1910.12.1. Continuances

Notice of intent to file a continuance motion must be served on the opposing party and counsel at least 48 hours before presentation, unless that opportunity did not exist, and must state whether the opposing party concurs or objects.

Notice of the intention to file the Motion for Continuance must be served on the opposing party and his or her counsel of record, if any, not less than forty-eight (48) hours before the Motion will be presented, unless the opportunity to do so did not exist; and state whether the opposing party concurs or objects to the continuance.

Civil cases

Page 4 | Rule 1910.12.1. Continuances

A motion to continue a divorce hearing must follow the prescribed form and be filed with the Prothonotary five days before the hearing.

(1) A Motion to Continue the Divorce Hearing must be in the form prescribed by Luz. Co. R.C.P. 1920.51(b)(3) and filed with the Office of Judicial Services and Records (Prothonotary) five (5) days prior to the scheduled date of the Divorce Hearing.

Civil cases

Page 9 | Rule 1920.51 (f). Motion to Continue Divorce Hearing before a Hearing Officer. Form of Motion

A continuance request made on the day of the conciliation conference is strongly discouraged, but not prohibited.

Any request for continuance on the day of the conciliation conference by either party is strongly discouraged.

Civil cases

Page 23 | Consumer Debt Actions

The deadline to file the proponent’s supporting brief may be extended by court order for good cause.

Within ten (10) days of the filing of exceptions by either party, the proponent shall file with the Domestic Relations Recording Clerk a comprehensive brief in support of the exceptions, unless the time for filing the brief is extended upon court order for good cause.

Civil cases

Page 4 | Rule 1910.12 (e). Brief on Exceptions

The Court may consider a late motion to continue if an exigent or emergency circumstance arises within the five-day period or in the interest of justice.

(2) The Court may entertain a Motion filed later than five (5) days before the scheduled date of the Divorce Hearing when an exigent or emergency circumstance arises within said five (5) day period or in the interest of justice.

Civil cases

Page 9 | Rule 1920.51 (f). Motion to Continue Divorce Hearing before a Hearing Officer. Form of Motion

After an email address changes, the sender or filer must provide the updated address to the specified court offices and, if applicable, the assigned judge within one business day.

(c) In the event of an email address change, the sender or filer shall provide an updated email address to the Clerk of Judicial Records, Court Administration and, if the case is individually assigned, to the Judge to whom the matter is individually assigned, within one (1) business day.

Civil cases

Page 6 | Practice and Procedure Generally

(d) In the event a self-represented individual does not have an email address, correspondence shall be by regular mail. If the individual should get an email address, all filings and correspondence shall be updated accordingly.

(d) In the event a self-represented individual does not have an email address, correspondence shall be by regular mail. If the individual should get an email address, all filings and correspondence shall be updated accordingly.

Civil cases

Page 6 | Practice and Procedure Generally

Upon completing service, the plaintiff must simultaneously with filing the certificate of service email a copy to the court’s designated address.

Upon completion of service, plaintiff shall, simultaneously with the filing of the certificate of service (whether filing was completed in person to the Clerk of Judicial Records, or electronically in accordance with Luz. Co. R.C.P. No. 205.4), email a copy of the filed certificate of service to the court at consumerdebtactions@luzernecounty.org.

Civil cases

Page 19 | Rule 1144.1. Commencement of Consumer Debt Actions

When filing an eligible consumer debt complaint, the plaintiff must simultaneously email a copy of the filed complaint to the court’s designated address.

(c) Filing. In eligible consumer debt actions, plaintiff shall, simultaneously with the filing of the complaint (whether filing was completed in person to the Clerk of Judicial Records, or electronically in accordance with Luz. Co. R.C.P. No. 205.4.), email a copy of the filed complaint to the court at consumerdebtactions@luzernecounty.org.

Civil cases

Page 19 | Rule 1144.1. Commencement of Consumer Debt Actions

When no objections have been filed, a motion to compel must be presented in person or by email with a proposed order directing complete responses within 30 days.

A Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents, where no objections have been filed, shall be presented to the Motions Judge, either in person or by e-mail to familycourtmotions@luzernecounty.org, along with a proposed order requiring the opposing party to provide full and complete answers and/or responses within thirty (30) days or suffer such sanctions as the court deems necessary.

Civil cases

Page 3 | Rule 208.3 (c). Motion to Compel Answers to Interrogatories and/or Responses to Requests for Production of Documents

A Petition for Special Relief must be presented with a Rule to Show Cause for a hearing in Motions Court or by email to the specified address.

A Petition for Special Relief is to be presented with a Rule to Show Cause for a hearing either in Motions Court or via e-mail to familycourtmotions@luzernecounty.org.

Civil cases

Page 8 | Rule 1915.13. Special Relief

From the point at which a case has been individually assigned, any rule to show cause, together with the underlying motion/petition, a comprehensive brief in support, and a proposed order should be directed to the assigned Judge for scheduling a hearing date.

From the point at which a case has been individually assigned, any rule to show cause, together with the underlying motion/petition, a comprehensive brief in support, and a proposed order should be directed to the assigned Judge for scheduling a hearing date.

Civil cases

Page 10 | Procedure Upon the Issuance of a Rule to Show Cause - Individually Assigned Cases

If Plaintiff has local counsel, identify same to my chambers at least one week prior to the mediation conference. This information should be provided to this Court by notice to: The Honorable ______________ Luzerne County Court House 200 N. River Street Wilkes-Barre, PA 18711 Fax: (570) 820-6356

If Plaintiff has local counsel, identify same to my chambers at least one week prior to the mediation conference. This information should be provided to this Court by notice to: The Honorable ______________ Luzerne County Court House 200 N. River Street Wilkes-Barre, PA 18711 Fax: (570) 820-6356

Civil cases

Page 41 | PRACTICE ORDER

At their discretion, Court Administration and the Court may respond by email, and those responses are treated the same as responses sent by regular U.S. mail.

(b) Responses from Court Administration and the Court may be by email at the Court’s (and Court Administration’s) discretion, which shall be deemed the same as if the responses were sent by regular U.S. mail.

Civil cases

Page 6 | Practice and Procedure Generally

Motions Court is held weekdays from 8:30 to 9:15 a.m., except legal holidays.

Motions Court is held Monday through Friday 8:30 to 9:15 A.M., with the exception of legal holidays.

Civil cases

Page 9 | Procedure for Issuance of Rule to Show Cause - Discretionary Issuance

Contact Court Administration by phone for guidance.

*Contact Court Administration at (570) 825-1594 for guidance

Page 1 | Court Administration

Contact Court Administration by phone to verify a scheduled hearing’s date, time, and location because these may change.

*all scheduled hearing dates and times are subject to change, please contact Court Administration at (570) 825-1596 to verify date, time, and location

Page 1 | Court Administration