Court of Common Pleas of McKean County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Document Limits
Courtesy Copies
Brief, Memorandum of Law
Motion for Judgment on the Pleadings
Petition

Adjournments
- The case may be continued once by agreement at least 7 days before the hearing; the requester must notify the arbitrators in writing, and if the parties cannot agree, a continuance motion must be made to and ruled on by the court.
- Mediation may be continued once by agreement of all counsel if the continuance is made at least 10 days before mediation, and the requesting counsel or party must give written notice to the mediator.
- If the parties cannot agree to a continuance more than 10 days before mediation, a motion must be submitted to and ruled on by the court; if granted, the mediator must reschedule as ordered.
Page & Word Limits1 rule
(e) Briefs shall not exceed 20 pages in length without prior court approval. Memorandums of Law shall not exceed 10 pages.
- Brief
- Up to 20 pages
- Memorandum of law
- Up to 10 pages
Exception
More pages with leave of court
Document Format Requirements35 rules
The proponent must ensure documentary evidence can be filed and easily stored, but the records office may request alternate storage measures for difficult-to-store exhibits.
Court's wording
(b) The proponent shall assure that document evidence is in a formant, including size and material, that is compatible with being filed and easily stored by the records office. If, due to the nature of the proceeding and the requirement that an oversized or undersized document exhibit be entered into evidence that is not easily capable of storage by the records office, then the records office may request that alternate measures be undertaken for storage of this document evidence, including that the proponent retain custody in conformance with Rule 5103 for physical evidence.
(1) These non-documentary exhibits must be photographed by the proponent, converted to a letter sized document, and appropriately marked and produced during the court proceeding for inclusion in the documentary record.
- Paper size
- Letter
- Non-documentary exhibit
Unprintable digital exhibits must be entered on a USB flash drive unless the court expressly approves another format.
Court's wording
(b) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record on a Universal Serial Bus (USB) flash drive (or other format if expressly approved by the court).
All papers having multiple pages shall be bound at the top with a binding clip or single staple in the middle, not the side.
No tape, headers or backers shall be used without prior approval of the prothonotary.
Attachments to any paper filed with the prothonotary shall be clearly legible. Copies shall faithfully represent the original in every respect.
All papers having multiple pages shall be numbered consecutively. The number shall appear at the bottom center position of each page.
All papers filed with the prothonotary shall be without folds to facilitate scanning and flat filing.
All petitions shall be filed with the prothonotary in the form prescribed in Pa.R.C.P. Nos. 204.1, 206.1 and Rule L205.2(a).
A copy of a writing attached to a filing must be legible and faithfully represent the original; the court may require a substitute copy when the original is legible.
Court's wording
Whenever a copy of a writing is attached to a pleading, brief or other paper submitted to the court, such copy shall be clearly legible and faithfully represent the original in every respect, and unless the original itself is not legible the court may require a substitute copy to be made and filed
(a) All notices shall be in writing.
All preliminary objections shall be filed with the prothonotary in the form prescribed in Pa.R.C.P. No. 204.1 and Rule L205.2(a). Preliminary Objections should not be filed with the court administrator.
Paragraphs in an amended pleading must be renumbered, and the new portion must be underlined.
Court's wording
Whenever an amended pleading is filed, such pleading shall be a complete pleading and not merely set forth the amendments to the former pleading. The amended pleading shall clearly indicate that it is an amended pleading, the paragraphs shall be renumbered, and the new portion shall be underlined.
A motion for judgment on the pleadings shall be filed with the prothonotary in the form prescribed in Pa.R.C.P. No. 204.1 and Rule L205.2(a).
(c) For any personal injury claim filed, any defendant may serve arbitration discovery requests that substantially conform to the form available from the court administrator and on the court’s website at www.mckeancountypa.org/Departments/Court_Of_Common_Pleas.
(a) For any personal injury claim filed, the plaintiff may serve arbitration discovery requests that conform substantially to the form available from the court administrator and on the court’s website at www.mckeancountypa.org/Departments/Court_Of_Common_Pleas.
The arbitrators shall not open said envelope until they have reached their basic award. The envelope and the writing contained therein shall be filed with the papers in the case.
(3) Two certified paper copies of the local rule and a computer diskette or a CD-ROM that complies with requirements of 1 Pa. Code § 13.11(b), or an agreed-
Registers and clerks must use Supreme Court-approved forms, and no other form may be allowed or required by local rule or practice when an approved form exists.
Court's wording
(a) The forms approved by the Supreme Court for statewide practice and procedure before the Registers and courts shall be used exclusively by all Registers and clerks. Where a Supreme Court-approved form exists, no other form shall be allowed or required by local rule or practice.
The Uniform Fiduciary Accounting Principles, including their commentaries and illustrations, serve to elaborate the Rule’s requirements.
Court's wording
(c) The Uniform Fiduciary Accounting Principles with accompanying commentaries and illustrations, recommended by the Committee on National Fiduciary Accounting Standards in collaboration with the National Center for State Courts, shall serve as an elaboration of the requirements of this Rule.
Assets that are appointed pursuant to the exercise of a power of appointment shall be accounted for separately, and testamentary assets shall be segregated from appointive assets.
Unless the court for cause shown directs otherwise, the estate of each minor or the custodial account of each minor shall be accounted for separately.
Objections must be written in consecutively numbered paragraphs, signed by counsel or all unrepresented objectors, and verified by at least one objector.
- Objections
Formatting
- •Objections must be in writing and have consecutively numbered paragraphs
Court's wording
(b) Objections shall be in writing, with consecutively numbered paragraphs, signed by counsel, or if not represented by counsel, then by all the objectors in accordance with Rule 3.12. Objections shall be verified by at least one of the objectors in accordance with Rule 3.13.
Legal paper filed with the clerk must use letter-size, good-quality white paper, double spacing, margins of at least one inch, legible lettering of at least 12 points, and single-sided pages, subject to the stated exceptions.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Formatting
- •Lettering must be clear and legible
Exception
Dividers and similar sheets) of good quality
Court's wording
All legal paper filed with the clerk must conform to the following requirements: (a) The document shall be on 8 ½ inch by 11 inch paper. (b) The document shall be prepared on white paper (except for dividers and similar sheets) of good quality. (c) The text must be double spaced, but quotations more than two lines long may be indented and single-spaced. Margins must be at least one inch on all four sides. (d) The lettering shall be clear and legible and no smaller than point 12. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents may be double-sided.
The original legal paper shall be properly signed, and where required, verified.
Formatting
- •The original legal paper must be properly signed and, where required, verified
The forms approved by the Supreme Court for statewide practice before the Register as set forth in the Appendix shall be used. No other forms shall be allowed or required by local rule or practice in such instances.
The report required by this Rule shall be in the form approved by the Supreme Court.
- Status report
Formatting
- •The report must be in the form approved by the Supreme Court
Petitions should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
(a) Briefs and Memorandums of Law shall be typewritten using a 12 pt font or greater, double spaced (except for quotations) on paper 8-1/2 inches by 11 inches in size, shall be bound at the top, not at the side, and shall contain:
- Font size
- At least 12 points
- Line spacing
- Double
- Paper size
- Letter
- Brief
- Memorandum of law
Formatting
- •Font must be 12 pt or greater
- •Double spacing is required except for quotations
- •Must be bound at the top, not at the side
Except as otherwise provided by statute, or rule of court, pleadings in all actions shall, as nearly as possible, conform to the rules relating to civil actions law.
Preliminary Objections should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
- Preliminary objections
Formatting
- •Do not file in duplicate or by facsimile transmission
A self-represented litigant should use numbered paragraphs corresponding to the complaint and place uncovered matters in separately numbered paragraphs under the stated caption.
Court's wording
The self represented litigant when replying to such a complaint should reply using separate numbered paragraphs corresponding to the numbered paragraphs of the complaint. Any matter not covered in the self represented litigant’s replies to the separate paragraphs of the complaint should be set forth in separately numbered paragraphs under the caption “New Matter, Counterclaim or Cross-Claim”.
The praecipe shall substantially conform to the form shown below.
When a local rule corresponds to a Rule, the local rule shall be given a number that corresponds to the number of these Rules.
Document Filing Requirements271 rules
(1) These non-documentary exhibits must be photographed by the proponent, converted to a letter sized document, and appropriately marked and produced during the court proceeding for inclusion in the documentary record.
The custodian must file submitted exhibits, except non-documentary exhibits, and an exhibit index with the appropriate records office.
Court's wording
(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.
(2) Digital media such as CDs, thumb drives, etc. shall also be retained by the records office.
The first custodian must pass the exhibits and index to each subsequent custodian, and the final custodian must file them with the appropriate records office.
Court's wording
(c) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.
(c) Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy § 8.0 shall include a Confidential Document Form so that the document can be properly sealed by the record office.
An initial pleading in a civil action must be accompanied by the Pennsylvania Rule 205.5 cover sheet published by the court administrator.
Court's wording
Pursuant to Pa.R.C.P. No. 205.5 the initial pleading in any civil action, including actions, actions for support, actions for custody and visitation of minor children, actions for divorce, actions in domestic relations generally, and actions in the Orphan’s Court, shall be accompanied by the cover sheet published by the court administrator of Pennsylvania available on the website of the Administrative Office of Pennsylvania Courts and from the prothonotary.
For an initial pleading in a case not listed on the cover sheet or without an applicable header, the filer must make the specified entry on the cover sheet and attach the subdivision (3) supplement.
Court's wording
The party filing the initial pleading in any other type of case not listed on the cover sheet or for which there is not an applicable header (e.g. TORT) under which the case type can be added on the line “Other:” shall mark in the lower right hand corner of the cover sheet under the heading “MISCELLANEOUS” sub-heading “Other:” Family Law, Orphan’s Court and attach the supplement set forth in subdivision (3) of this rule.
All pleadings including the initial pleading and entries of appearance filed in any matter shall be accompanied by the local cover sheet set forth in subdivision (3) of this rule .
Issuance of a Rule to Show Cause is discretionary, and a petitioner seeking one must attach a proposed order in the prescribed form; the court may modify the order or set alternative procedures.
- Document
- Petition
Must include
- •Proposed order
Court's wording
The issuance of a Rule to Show Cause upon presentation of a petition shall be discretionary. A petitioner seeking the issuance of a Rule to Show Cause shall attach to the petition a proposed order in the form prescribed in Pa.R.C.P. No. 206.5(d). The court in its discretion may delete paragraphs (4) and (5) of the form order (regarding discovery and argument) and provide instead that the matter will proceed before the court on an evidentiary hearing to resolve disputed issues of fact. The court may also enter an order to require the filing of briefs or to authorize discovery to proceed other than by deposition.
Plaintiff/Defendant shall furnish the prothonotary with a copy of the cover sheet(s) and supplement, if any, for the court administrator.
Any request for stay of execution pending disposition of a petition to open judgment shall be filed by separate motion.
Petitions should not be filed with the court administrator. All petitions shall be filed with the prothonotary.
A petition seeking a Rule to Show Cause must include a statement of supporting legal authority; it may be filed contemporaneously as a brief or memorandum, or included in the body of a routine petition that raises no complex legal or factual issues.
Court's wording
The petition seeking the issuance of a Rule to Show Cause shall be supported with an appropriate statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the petition; or, in a routine petition that does not raise complex legal or factual issues, in the body of the petition itself.
A motion that is represented to be uncontested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties and that the requested relief is uncontested.
- Document
- Motion
Must include
- •Certificate of conference
Every motion must include a statement of supporting legal authority, which may be filed contemporaneously or, for routine motions without complex issues, included in the motion.
Court's wording
All motions shall be supported by a statement of authority citing a statute, rule of court or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the motion; or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.
All motions shall be filed with the prothonotary in the form prescribed in Pa.R.C.P. Nos. 204.1, 208.2 and Rule L205.2(a) and shall be accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
A discovery motion must include counsel’s certification of efforts to resolve the issues with all interested parties and the failure to reach a satisfactory resolution.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
A motion relating to discovery shall contain a certification by counsel for the moving party that counsel has conferred, or attempted to confer, with all interested parties in an attempt to resolve the matter without court action and has been unable to reach a satisfactory resolution of the issues presented.
(4) Transcripts: The moving party in all post-trial or post-hearing motions or petitions shall, if the argument relates to the testimony presented, arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.
All motions, upon filing, must be supported by a statement of authority citing a statute, rule of court or case law in support of the requested relief.
Briefs and memorandums must address the questions, pertinent materials, argument with authority, and precise relief sought; briefs must also include case history, the argument must be divided by question, and memorandums need not include case history.
Court's wording
(a) Briefs and Memorandums of Law shall be typewritten using a 12 pt font or greater, double spaced (except for quotations) on paper 8-1/2 inches by 11 inches in size, shall be bound at the top, not at the side, and shall contain: (1) A history of the case. (2) A statement of the question or questions involved. (3) A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation, or order. (4) An argument with citation of the authority relied upon. (5) A short conclusion stating the precise relief sought. (b) The argument shall be divided into as many parts as there are questions involved (c) Memorandums of Law need not contain a history of the case.
(f) All briefs and memorandums of law shall be filed with the prothonotary.
The required status report must cover discovery completion and expected completion, expert engagement and report-exchange timing, anticipated unusual legal questions with supporting authority, and settlement status.
Court's wording
All parties shall file with the court administrator on or before the 180th day from the filing of the complaint a status report showing: (1) (i) whether or not discovery has been completed; (ii) if discovery has not been completed, why discovery has not been completed; (iii) the date by which the party reasonably believes discovery will be complete; (iv) whether or not experts have been engaged; (v) if experts have been engaged whether or not the case can proceed in the manner proscribed in subparagraphs (4) and (5) of this rule and, if not, the date by which the parties reasonably believe the exchange of expert reports will be complete; (vi) what unusual questions of law are anticipated with respect to issues in the case supported with a statement of authority supporting the position taken with respect to such unusual questions of law; and (vii) the settlement status of the case.
If before the close of discovery counsel agree on a schedule for disposition of the case which substantially meets the requirements contained in this rule, and submit the agreement to the court as a proposed order the court shall adopt the proposed order as an order of court or direct the parties to attend a case management conference.
Each party must submit a pre-trial statement containing the items required by Pa.R.C.P. No. 212.2.
Court's wording
Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth in Pa.R.C.P. No. 212.2.
A party who first learns through reasonable diligence after the pre-trial conference that specified trial material may be needed must promptly provide the court and other counsel the information required for the pre-trial statement; the court may refuse its use if the information is not provided.
Court's wording
If a party, in the exercise of reasonable diligence, first becomes aware after the pre- trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Pa.R.C.P. No. 212.2. Failure to provide such information shall not be compliance with this subsection, and may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.
Before a jury trial begins, counsel must present a concise memorandum of applicable law and requested points for charge, and each requested point must cite authority.
Court's wording
(a) Before the beginning of any jury trial counsel shall present to the court a concise memorandum of the applicable law and requested points for charge. Requested points for charge shall be exchanged by counsel at the close of evidence. (b) All requested points for charge shall contain a citation of authority.
Motions, responses, exceptions, preliminary objections, and petitions must be supported by a brief or memorandum when filed, subject to the stated exception and the possibility of promptly requesting permission to file later for good cause.
Court's wording
All motions, responses, exceptions, preliminary objections, and petitions, upon filing, must be supported by a brief or memorandum of law in support thereof. If not so supported, then the motion, responses, exceptions, objections or petition shall be summarily disposed of, unless counsel promptly requests permission for good cause to file the required brief or memorandum of law at a later date. This rule shall not apply to exceptions taken to the recommendation of the Family Law Master or Permanent Hearing Officer.
The moving party in all post-trial and post-hearing motions or petitions shall, if argument thereon is to be with reference to the testimony, include a request for a transcript of the testimony, or such part thereof as the moving party desires to have transcribed for the purposes of such motion.
By motion that shall substantially conform to the form shown below showing that all counsel and unrepresented parties do not agree that the case is presently ready for trial, and requesting that the court order the case to trial.
To list a case for trial by praecipe, the listing party must file a praecipe substantially conforming to the provided form and include the specified certification.
Court's wording
(1) File a Praecipe to List for Trial that shall substantially conform to the form shown below and serve the praecipe on all other parties and if they be represented by counsel on their counsel. The praecipe shall contain a certification by the listing party or counsel that: the pleadings are closed; there are no outstanding motions; all pretrial discovery is completed; if a jury trial has or has not been demanded; an estimate of time required for the trial; all counsel of record and self represented litigants agree that the matter is presently ready for trial and that they do not object to its listing.
The praecipe to list for trial calls for certifications about case readiness, trial-demand status, estimated trial length, and agreement to listing.
Court's wording
As listing counsel, pursuant to Rule 308, I hereby certify: 1. The pleadings are closed. 2. There are no outstanding motions. 3. All discovery is completed. 4. A jury trial ___ has ___has not been demanded. 5. Preliminary estimate of time required for trial. ___ days ___ hours ___ minutes 5. All counsel of record and unrepresented parties have been contacted and agree that this matter is presently ready for trial and that they do not object to its listing.
The motion form requests placement on the trial list under Rule L308(b)(2) and states that the parties were contacted but do not agree the matter is ready.
Court's wording
COMES NOW, ___________________________________plaintiff/defendant (circle one) or _________________________ counsel for ________________ , and requests that the court place the above captioned matter on the trial list, pursuant to Rule L308(b)(2). The undersigned has contacted all counsel of record and unrepresented parties and all parties do not agree that the matter is presently ready for trial.
A bill of costs must list specified witness and mileage information and include an affidavit verifying the witnesses’ attendance and materiality.
Court's wording
Bills of costs must contain the names of the witnesses, the dates of their attendance, the number of miles actually traveled by them, and the place from which mileage is claimed. The bill shall be verified by the affidavit of the party filing it or his agent or attorney that the witnesses named were actually present in court, and that, in his opinion, they were material witnesses.
Before a decree or judgment against a party who appeared and later defaulted, the opposing party must file an affidavit addressing military service or efforts to obtain that information.
Court's wording
In all cases in which a party to an action has appeared but subsequently defaults, before any decree or judgment shall be entered, the opposing party shall file an affidavit stating that the defaulting party is not in military service of the United States, or if the information is not available, the affidavit shall state what efforts have been made to obtain facts.
Judgments entered on confession may be subsequently re- indexed against any defendant under any alias name upon the plaintiff's attorney filing a praecipe therefore supported by an affidavit
Filing & Service rules
Electronic Filing Rules
The court must designate an e-filing website and issue usernames and passwords to authorized users.
The court shall designate a website for the electronic filing of legal paper. A user name and password shall be issued to authorized users.
Civil cases
Page 41 | Rule 4.7
Electronic filing certifies that the original was signed and, when applicable, verified.
The electronic filing of a legal paper constitutes a certification by the filing party that the original document was signed, and where applicable, verified.
Civil cases
Page 41 | Rule 4.7
The court must provide electronic-filing access at all times.
The court shall provide electronic filing access at all times.
Civil cases
Page 41 | Rule 4.7
The court must provide a printable clerk acknowledgment showing the filing date and time.
The court shall provide, through its website, an acknowledgement from the clerk that the filing has been processed. Such acknowledgement shall include the date and time of filing in a form which can be printed for retention by the filing party.
Civil cases
Page 41 | Rule 4.7
Jurisdictions requiring e-filing must provide necessary technical assistance to parties unable to file electronically.
Those jurisdictions which require e-filing must also provide the necessary technical assistance to those parties who lack the capacity to electronically file legal paper.
Civil cases
Page 42 | Rule 4.7 Explanatory Comment
It should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
It should not be filed in duplicate or by facsimile transmission, except in emergency circumstances.
Civil cases
Page 32 | Rule L1034(a). Motion for Judgment on the Pleadings
If the court implements electronic filing, a filing party may file legal papers electronically with the clerk.
If implemented by court, a filing party may file a legal paper with the clerk by means of electronic filing.
Civil cases
Page 41 | Rule 4.7
A court may permit or require electronic filing of legal papers.
A court may permit or require electronic filing of legal paper.
Civil cases
Page 41 | Rule 4.7
A filing party may petition the court to resolve a dispute about an alleged court-website failure.
The filing party may petition the court to resolve any dispute concerning an alleged failure of the court’s website.
Civil cases
Page 42 | Rule 4.7
Filing Timing and Cure Windows
The final custodian must file the submitted exhibits and index within five business days after the proceeding concludes.
(c) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.
Page 2 | Rule 5102. General Provisions.
The custodian must file the specified exhibits and index within five business days after the proceeding concludes.
(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.
Page 2 | Rule 5102. General Provisions.
A party seeking reconsideration of an order entered without oral argument must file the application within 10 days after the decision is filed, and the court must hear oral argument on the application.
If an order is entered without oral argument, the court shall hear oral argument on an application by any party for reconsideration of such order. The application for reconsideration shall be filed within 10 days after the filing of the decision.
Civil cases
Page 8 | Rule L208.3(a)(1)(e)
A party seeking to participate in argument or a hearing by advanced communication technology must file a motion no later than the 10th day before it, unless good cause supports late filing.
Any party wanting to participate in any argument or hearing utilizing advanced communication technology shall file a motion not later than the 10th day preceding the argument or hearing unless good cause can be shown for the late filing of the motion.
Civil cases
Page 8 | Rule L208.3(a)(2)(a)
Discovery must be completed within 240 days after the complaint is filed; further discovery requires a court order on good cause shown.
The parties shall complete discovery within 240 days from the filing of the complaint. Discovery will not be permitted after the 240 day period except by order of court upon good cause shown.
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure
All parties must file a status report with the court administrator by the 180th day after the complaint is filed.
All parties shall file with the court administrator on or before the 180th day from the filing of the complaint a status report showing:
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure
If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions
If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
The parties must file all dispositive motions within 120 days after discovery closes.
The parties shall file all dispositive motions within 120 days of the close of discovery.
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
For an arbitrable case, the parties must list it for arbitration within 30 days after the court’s final ruling on all dispositive motions to avoid possible court listing.
If the case is arbitrable under Rule L1301.1 and not listed for arbitration by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
The required supplemental information must be provided forthwith after the party becomes aware of the need for the specified trial material.
If a party, in the exercise of reasonable diligence, first becomes aware after the pre- trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Pa.R.C.P. No. 212.2.
Civil cases
Page 13 | Rule L212.2. Pre-Trial Statement
The pre-trial statement must be submitted three days before the scheduled pre-trial conference.
Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth in Pa.R.C.P. No. 212.2.
Civil cases
Page 13 | Rule L212.2. Pre-Trial Statement
A party may file exceptions to a bill of costs within 10 days after service; failing to do so waives all objections.
The party upon whom a bill of costs has been served may, within 10 days after such service, file exception thereto, and the issue shall be determined by the court. Failure to file exception within 10 days shall be deemed a waiver of all objections.
Civil cases
Page 21 | Rule L312. Bills of Costs
Judgment on a verdict cannot be entered during the time allowed for specified post-verdict motions.
Judgment shall not be entered on a verdict within the time allowed for motions for judgment n.o.v., for new trial, or for arrest of judgment, nor until the party obtaining the verdict shall have paid the prothonotary the required jury fee as provided by law.
Civil cases
Page 22 | Rule L314. Judgment on Verdict
A person seeking an issue to be granted must present a petition to the auditor within 48 hours after testimony on the disputed matter closes.
Any person desiring an issue to be granted shall present his petition to the auditor within 48 hours after the testimony in relation to the matter in dispute is closed,
Civil cases
Page 24 | Rule L500. Auditors and Auditor's Reports
The auditor may not file the report until 10 days after notifying appearing parties that it is available for inspection and will be filed on a given date, unless written exceptions are filed earlier.
The auditor shall not file his report until 10 days after he has notified all the parties who appeared before him that it is subject to their inspection, and that it will be filed on a given date, unless written exceptions are filed with him before that time.
Civil cases
Page 24 | Rule L500. Auditors and Auditor's Reports
No further action may be taken until 20 days after the last publication.
No further action can be taken until 20 days after the last publication.
Civil cases
Page 24 | Rule L430. Service, Petitions, Rules, Orders and Notices – Publication
Objections to an auditor’s report must be made within 10 days; absent objection it becomes absolute without further order, and timely objections or exceptions are treated as renewed exceptions and placed on the argument list.
The auditor shall file his completed report with the prothonotary, who shall mark it confirmed nisi, which confirmation shall become absolute, without further order, if no objection thereto is made within 10 days. If objection to the report is made, it shall be treated as renewal of the exceptions filed by the party with the auditor; and in this case or if exceptions are filed with the prothonotary within this ten day period, the prothonotary shall enter the case on the argument list to be taken up in due course.
Civil cases
Page 25
A defendant who wishes to defend must enter a written appearance and file written defenses or objections within 20 days after service of the complaint and notice.
You have been sued in court. If you wish to defend against the claims 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you.
Civil cases
Page 29 | Form 1018.1 Notice to Defend
The opposing party must file an amended complaint, answer, or reply brief within 20 days after service of the preliminary objections, unless a court order changes the deadline.
The opposing party shall file an amended complaint, answer or reply brief to the preliminary objections within 20 days after service of them unless the time for filing the response is modified by court order.
Civil cases
Page 30 | Rule L1028(c). Preliminary Objections
The opposing party must file an answer or reply brief within 20 days after service, unless the court modifies the deadline.
The opposing party shall file an answer or reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.
Civil cases
Page 32 | Rule L1034(a). Motion for Judgment on the Pleadings
The application for reconsideration shall be filed within 10 days after the filing of the decision.
The application for reconsideration shall be filed within 10 days after the filing of the decision.
Civil cases
Page 32 | Rule L1034(a). Motion for Judgment on the Pleadings
A party opposing a listing initiated by Praecipe for Arbitration must file objections within 10 days thereafter.
who, if for any reason oppose such listing, shall within 10 days thereafter file their objection(s).
Civil cases
Page 38 | ARBITRATION
A party opposing a court-ordered arbitration listing must file objections within 10 days thereafter.
Counsel or any party who for any reason oppose such listing, shall within 10 days thereafter file their objection(s).
Civil cases
Page 38 | ARBITRATION
The Board of Arbitration must file its award with the prothonotary within 7 days after making its decision.
The Board of Arbitration shall make their decision promptly and shall file their award with the prothonotary within 7 days after the making of their decision.
Civil cases
Page 43 | Rule 1306. Award
A party seeking Pa.R.C.P. 238 damages must submit the required statement to the Board of Arbitration in a sealed envelope at the conclusion of the hearing.
Any party seeking damages under Pa.R.C.P. 238 (relating to award of damages for delay in an action for bodily injury, death or property damage) shall at the conclusion of the hearing submit to the Board of Arbitration, in a sealed envelope, a statement substantially in the form shown below.
Civil cases
Page 43 | Rule 1306. Award
A party may file exceptions to the arbitration award within 20 days after the award is filed, and only on the stated grounds.
Any party may file exceptions with the court from the decision of the Board of Arbitration within 20 days from the filing of the award for either or both of the following reasons and for no other:
Civil cases
Page 45 | Rule 1308(e)
After a consensual continuance, the mediator must reschedule the mediation within 60 days and provide hearing notice to all counsel.
The mediator shall reschedule the case to be heard within 60 days, with notice of hearing to be provided to all counsel.
Civil cases
Page 46 | Rule L1341(d)
The parties must choose an available mediator with no apparent conflict within 30 days after the referral order; if they cannot agree, the court appoints one.
The parties shall within 30 days after the date of the court order referring the case to mediation choose a mediator who is available during the appropriate period and has no apparent conflict of interest. If the parties are unable to choose a mutually acceptable mediator the court will appoint a mediator.
Civil cases
Page 46 | Rule L1341(b)(1)
Mediation must be held within 90 days after the court's referral order.
All mediations shall be held within 90 days of the court’s order referring the case to mediation.
Civil cases
Page 46 | Rule L1341(c)
The mediator must file a written report with the court within 5 days after mediation concludes.
Within 5 days of the conclusion of the mediation, the mediator shall file a written report with the court that includes the caption and case number, the date of the mediation, whether any follow up is scheduled, whether the case settled in whole or in part, and any stipulations the parties agree may be disclosed.
Civil cases
Page 47 | Mediation (g)
A person seeking to be excused from in-person mediation must file a motion at least 10 days before mediation.
A person seeking to be excused must file a motion with the court no fewer than 10 days before the date set for the mediation, simultaneously copying all counsel and the mediator.
Civil cases
Page 47 | Mediation (e)(4)
An appeal to the Court of Common Pleas from the appraisal or designation must be taken within 48 hours thereof.
The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within 48 hours thereof.
Civil cases
Page 52 | ENFORCEMENT OF JUDGMENTS
The petition for adjudication or statement of proposed distribution must be filed with the clerk when the Account is filed.
(a) A petition for adjudication/statement of proposed distribution shall be filed with the clerk at the time of filing an Account.
Civil cases
Page 14 | Rule 2.4(a)
Written notice must be mailed at least 20 days before the audit or the objection-filing date, depending on the county.
Written notice, as provided in subparagraph (a) of this Rule, shall be mailed at least 20 days prior to the audit in those counties having a separate Orphans’ Court Division or 20 days prior to the date by which objections must be filed in all other counties
Civil cases
Page 17 | Rule 2.5
If an audit is continued or the objection-filing date is extended, additional notice must be mailed to all initial recipients at least 20 days before the new audit or objection date.
If the audit of an Account is continued or the date for filing written objections is extended, additional notice shall be mailed at least 20 days prior to the date of the continued audit or the new date for filing written objections to all of those who initially received notice of the Account’s filing.
Civil cases
Page 17 | Rule 2.5(e)
The certificate of service and notice copy must be appended to the petition or filed with the clerk before the applicable audit date or by the objection-filing date.
A certificate of service and a copy of the notice shall be appended to the petition for adjudication/statement of proposed distribution or filed with the clerk prior to the audit or continued audit date, in those counties having a separate Orphans’ Court Division, or by the date when objections must be filed in all other counties.
Civil cases
Page 17 | Rule 2.5(g)
Objections must be filed with the clerk by the audit date or a specified date, depending on the county.
Objections to an Account and/or a petition for adjudication/statement of proposed distribution shall be filed with the clerk on or before the time and date of the audit in those counties holding an audit, and by a specified date in all other counties, with a copy sent by first-class United States mail, postage prepaid, to the accountant or
Civil cases
Page 18 | Rule 2.7(a)
If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections are due within 20 days after service of the preceding pleading.
(c) If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections must be filed within 20 days after service of the applicable preceding pleading, with a copy served upon the accountant, if applicable, and to each interested party and claimant who received the notice pursuant to Rule 2.5, or to his or her counsel, if represented.
Civil cases
Page 19 | Rule 2.8
The certificate of service must be appended to the petition or filed at the same time as the petition.
(2) A certificate of service, listing the names and addresses of those individuals and entities receiving notice of the filing of the petition, shall be appended to, or filed contemporaneously with, the petition.
Civil cases
Page 27 | Rule 3.5(b)(2)
The proof of service must be filed no later than the date the responsive pleading is due.
(7) Proof of service of the citation shall be filed with the clerk on or before the date when a responsive pleading is due.
Civil cases
Page 27 | Rule 3.5(a)(7)
The notice must allow a written response within 20 days after notice or by the pleading’s filing date, whichever is later.
within twenty (20) days from the date of notice or on or before the date when the pleading is to be filed, whichever is later
Civil cases
Page 27 | Rule 3.5(b)(1)
A subsequent pleading must be filed within 20 days after service of the preceding pleading, but is not required unless that pleading included a compliant notice to plead.
(d) Regardless of the residency of any interested party, each subsequent pleading shall be filed within 20 days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading included a notice to plead that complies with the requirements of Rule 3.5(b)(1).
Civil cases
Page 29 | Rule 3.7(d). Time for Filing and Service of Responsive Pleadings
The certificate of service must be appended to or filed contemporaneously with the responsive pleading.
A certificate of service, listing the names and addresses of those individuals and entities receiving a copy of the responsive pleading shall be appended to, or filed contemporaneously with, the responsive pleading.
Civil cases
Page 29 | Rule 3.7(b). Time for Filing and Service of Responsive Pleadings
A party residing outside the United States has 60 days to file a responsive pleading to the citation or initiating petition.
A party residing outside of the United States shall have 60 days, rather than 20 days, within which to file a responsive pleading to the citation or the petition initiating the proceeding.
Civil cases
Page 29 | Rule 3.7(a). Time for Filing and Service of Responsive Pleadings
Service and Proof of Service Rules
Medical reports must be provided to opposing counsel within 30 days of the examination.
except medical reports which shall be provided to opposing counsel within 30 days of the examination.
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure
The plaintiff must serve expert reports on the defendant within 60 days after discovery closes.
The Plaintiff’s expert report(s) shall be served on the defendant within 60 days from the close of discovery
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure
The defendant must serve expert reports on the plaintiff within 30 days after service of the plaintiff’s expert reports.
The Defendant’s expert report(s) shall be served on the Plaintiff within 30 days of service of Plaintiff’s expert’s report(s)
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
Medical reports must be provided to opposing counsel within 30 days of the examination.
except medical report(s) which shall be provided to opposing counsel within 30 days of the examination.
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
The party must provide the required supplemental information to other counsel.
If a party, in the exercise of reasonable diligence, first becomes aware after the pre- trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Pa.R.C.P. No. 212.2.
Civil cases
Page 13 | Rule L212.2. Pre-Trial Statement
Each party must provide its pre-trial statement to the other counsel of record.
Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth in Pa.R.C.P. No. 212.2.
Civil cases
Page 13 | Rule L212.2. Pre-Trial Statement
Counsel must exchange requested points for charge at the close of evidence.
Requested points for charge shall be exchanged by counsel at the close of evidence.
Civil cases
Page 14 | Rule L226. Pre-Trial Matters, Points for Charge
Unless another law or court rule provides otherwise, the filing party must promptly serve each filed paper on all other parties or their attorneys, in accordance with Pa.R.C.P. No. 440, and file proof, acceptance, or a certificate of service.
Unless otherwise provided by an Act of Assembly or Rule of court, a copy of each paper filed in any case, other than the writ, complaint, or other process by which an action is commenced, shall be served by the party filing it promptly upon all other parties to the litigation or their attorneys of record. The manner of service shall be in conformity with Pa.R.C.P. No. 440. No matter shall be considered by the court unless there has been filed either a proof of service, acceptance of service or certificate of service.
Civil cases
Page 14 | Rule L300. Service Requirements of All Papers
The moving party must notify all parties when the order is entered.
Notice of the entry of the order shall be provided to all parties by the moving party.
Civil cases
Page 15 | Rule L303(c)
Service by publication must follow Rule L430.
if service is to be made by publication, then service shall be made as provided by Rule L430.
Civil cases
Page 16 | Rule L306(b)
A motion or petition seeking ex parte action requires prior notice of its presentation to opposing counsel of record, except for emergency matters and uncontested routine matters.
(b ) Except for emergency matters and routine matters that are not contested, no motion or petition requesting ex parte action shall be heard by the court unless prior notice of its presentation has been given to opposing counsel of record.
Civil cases
Page 16 | Rule L304(b)
Service of process, papers, or notices must follow Pennsylvania Rules of Civil Procedure 400–441 unless an Act, rule, or special court order provides otherwise.
(b) Except as otherwise provided by Act of Assembly, rule or special order of court, whenever any process, paper or notice is required to be served upon a party, such service shall be made in accordance with the procedure set forth in Pa.R.C.P. Nos. 400 - 441; if service is to be made by publication, then service shall be made as provided by Rule L430.
Civil cases
Page 16 | Rule L306(b)
The praecipe to list a case for trial must be served on all other parties and, if represented, their counsel.
File a Praecipe to List for Trial that shall substantially conform to the form shown below and serve the praecipe on all other parties and if they be represented by counsel on their counsel.
Civil cases
Page 17 | Rule L308. Listing Cases for Trial
The praecipe form states that a copy has been served on all counsel of record and unrepresented parties and calls for the manner of service to be stated.
6. A copy of this praecipe has been served on all counsel of record and unrepresented parties in the following manner:
Civil cases
Page 19 | Form – Praecipe to List for Trial
The motion to place a case on the trial list must have proof of service attached.
Proof of Service is attached.
Civil cases
Page 20 | Form – Motion to Place Case on Trial List
A copy of a bill of costs must be served on opposing counsel.
A copy of the bill shall be served on opposing counsel.
Civil cases
Page 21 | Rule L312. Bills of Costs
When the manner of authorized publication service is otherwise unspecified, publication must run for two consecutive weeks in a McKean County newspaper, proof must be filed with the prothonotary, and no further action may be taken until 20 days after the last publication.
Whenever service by publication is authorized by law or rule of court and the manner of publication is not otherwise specified, such service shall be made by publication for two consecutive weeks in a newspaper of general circulation within McKean County. No further action can be taken until 20 days after the last publication. Proof of publication shall be filed in the prothonotary's office.
Civil cases
Page 24 | Rule L430. Service, Petitions, Rules, Orders and Notices – Publication
Auditors must publish notice of the hearing time and place once a week for two successive weeks in a McKean County newspaper of general circulation.
Auditors shall give public notice of the time and place of hearings before them, by advertisement once a week for 2 successive weeks in a newspaper of general circulation of McKean County, stating therein that all persons must prove their claims before them or be debarred from coming upon the fund.
Civil cases
Page 24 | Rule L500. Auditors and Auditor's Reports
The assignee must mail written notice of the account, distribution petition, and audit or confirmation call to all interested parties’ last known addresses at least three weeks before the account is presented to the court.
The assignee shall give written notice of the filing of the account, the petition for distribution and of the call for the audit or confirmation thereof to all parties interested. Such notice shall be given by mailing the same to the last known address of the one entitled to receive the same, at least three weeks before the presentation of the account to the court
Civil cases
Page 26 | Rule L502. Receivers and Assignees for Creditors
Assignees and receivers must publish notice of their appointment weekly for two successive weeks in a newspaper of general circulation published in McKean County.
Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment, to every creditor and party in interest of whom they have knowledge, and shall also publish notice thereon once a week for two successive weeks in a newspaper of general circulation published in McKean County.
Civil cases
Page 26 | Rule L502. Receivers and Assignees for Creditors
The prothonotary must also publish the notice for two successive weeks in a newspaper of general circulation published in McKean County.
Such notice shall be given by mailing the same to the last known address of the one entitled to receive the same, at least three weeks before the presentation of the account to the court, and shall also be published by the prothonotary for two successive weeks in one newspaper of general circulation published in McKean County.
Civil cases
Page 26 | Rule L502. Receivers and Assignees for Creditors
After entering security, assignees and receivers must notify every creditor and interested party whose identity they know of their appointment.
Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment, to every creditor and party in interest of whom they have knowledge
Civil cases
Page 26 | Rule L502. Receivers and Assignees for Creditors
The defendant must provide the requested discovery information within 30 days after receiving the requests.
(b) The defendant shall furnish the information sought in the discovery requests within 30 days of receipt of the discovery requests.
Civil cases
Page 36 | Rule 1301.3. Discovery (Except Small Claims) – Personal Injury
The filer must deliver a copy of the Praecipe for Arbitration to the court administrator and forthwith serve the other counsel and unrepresented parties.
The party or counsel filing the Praecipe for Arbitration shall deliver a copy to the court administrator and shall forthwith serve a copy of the praecipe upon all other counsel of record and any unrepresented parties
Civil cases
Page 38 | ARBITRATION
The findings of fact, conclusions of law and memorandum shall be filed with the prothonotary in advance of the arbitration hearing and a copy served on each party and each arbitrator.
The findings of fact, conclusions of law and memorandum shall be filed with the prothonotary in advance of the arbitration hearing and a copy served on each party and each arbitrator.
Civil cases
Page 43 | Arbitration
The prothonotary must mail a copy of the award to the parties or their counsel.
The prothonotary shall file the award and enter the same in the proper dockets and transmit a copy thereof by mail to the parties or their counsel.
Civil cases
Page 43 | Rule 1306. Award
An appellant must furnish the prothonotary with a copy of the arbitration award appeal for the court administrator.
Appellant shall furnish the prothonotary with a copy of the appeal from the award of the Board of Arbitration for the court administrator.
Civil cases
Page 45 | Rule 1308(b)
The motion seeking to excuse a person from in-person mediation must be copied to all counsel and the mediator when filed.
A person seeking to be excused must file a motion with the court no fewer than 10 days before the date set for the mediation, simultaneously copying all counsel and the mediator.
Civil cases
Page 47 | Mediation (e)(4)
If the officers are not the trustees ad litem or have not given written consent attached to the initial pleading, plaintiffs must serve them notice of the action within 10 days and file proof; the action is automatically stayed until proof is filed.
In case the said officers do not constitute the trustees ad litem, or have not consented to the prosecution of the action by consent in writing attached to the initial pleading, the plaintiffs shall serve notice, in the manner provided in Pa.R.C.P. No.440 of the bringing of the action upon said officers within 10 days thereafter and file proof thereof in the action; otherwise, the action shall be automatically stayed until such proof is filed.
Civil cases
Page 50 | UNINCORPORATED ASSOCIATIONS AS PARTIES — Rule L2152. Actions by Associations
Give notice personally or by registered or certified mail to each person entitled to damages; if a diligent search cannot identify or locate a person, advertise the notice once in a McKean County newspaper and file proof of publication.
Notice shall in all cases be given personally or by registered or certified mail to each person entitled by law to recover damages in the action, unless the plaintiff shall file an affidavit that the identity or whereabouts of any such person is unknown to him after diligent search therefore, in which case the plaintiff shall cause the notice to be advertised one time in a newspaper of general circulation published in McKean County. Proof of such publication shall be filed in the prothonotary's office
Civil cases
Page 51 | ACTIONS FOR WRONGFUL DEATH
A party serving a successor by publication must advertise the Rule once in a McKean County newspaper and file proof of publication in the prothonotary's office.
When a party seeks to serve a successor by publication, he shall advertise a notice of the Rule one time in a newspaper of general circulation published in McKean County. Proof of such publication shall be filed in the prothonotary's office.
Civil cases
Page 51 | SUBSTITUTION OF PARTIES
Serve under this rule personally through a competent adult or by registered mail, as specified in the cited Pennsylvania Rules of Civil Procedure.
Service under this rule shall be made by personal service by any competent adult as provided in Pa.R.C.P. No. 402 or by registered mail pursuant to Pa.R.C.P. No. 403.
Civil cases
Page 51 | ACTIONS FOR WRONGFUL DEATH
For service by publication under Pa.R.C.P. No. 3110(c), publish the notice once in a McKean County newspaper and file proof of publication in the prothonotary's office.
When the Plaintiff seeks to serve a party by publication as provided in Pa.R.C.P. No. 3110 (c) it shall be sufficient service to publish said notice one time in a newspaper of general circulation in McKean County. Proof of such publication shall be filed in the prothonotary's office.
Civil cases
Page 52 | ENFORCEMENT OF JUDGMENTS
The sheriff must mail one copy of the handbill to the defendant by certified United States mail.
One copy of the handbill shall be mailed, by certified United States mail, to the defendant by the sheriff.
Civil cases
Page 52 | ENFORCEMENT OF JUDGMENTS
After an appraisal or designation, the sheriff must promptly and before sale mail notice by first-class U.S. mail to all interested parties, including notice of the right to appeal within 48 hours.
The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within 48 hours thereof.
Civil cases
Page 52 | ENFORCEMENT OF JUDGMENTS
For service on a garnishee by publication under Pa.R.C.P. No. 3112(c), publish the notice once in a McKean County newspaper and file proof of publication in the prothonotary's office.
Whenever a party seeks to serve a garnishee by publication as provided in Pa.R.C.P. No. 3112(c) it shall be sufficient service to publish said notice one time in a newspaper of general circulation in McKean County. Proofs of publication shall be filed in the prothonotary's office.
Civil cases
Page 52 | ENFORCEMENT OF JUDGMENTS
Notice must be given to the Attorney General for a charitable qualified beneficiary and to known beneficiaries when an accountant stating the Account is a personal representative or trustee of the recipient estate or trust.
If the proposed distribution is to an estate or trust and a charity is a “qualified beneficiary,” as defined in 20 Pa.C.S. § 7703, of that recipient estate or trust, then notice shall be given to the Attorney General on behalf of the charitable beneficiary. If the proposed distribution is to an estate or trust and any one of the accountants stating the Account is a personal representative or a trustee of the recipient estate or trust, then notice shall also be given to the beneficiaries of the estate or trust, to the extent known.
Civil cases
Page 16 | Rule 2.5(c)
Notice must comply with Rule 4.2 and, when the recipient is represented by counsel who has appeared, must be given to both counsel and the recipient.
Notice to an individual or entity shall be given in accordance with Rule 4.2; provided, however, that if the individual or entity is represented by counsel who has entered his or her appearance in accordance with Rule 1.7(a), notice shall be given to counsel and the individual or entity.
Civil cases
Page 16 | Rule 2.5(b)
Before an Account may be confirmed or a proposed distribution approved, the accountant must give written notice of filing to the applicable unpaid claimants and known claimants or interested beneficiaries, heirs, or next of kin, subject to the stated exceptions.
No Account shall be confirmed or statement of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the accountant or who has performed any action that is the equivalent of giving written notice as provided in 20 Pa.C.S. §§ 3384 or 7755; (2) any other individual or entity with an asserted claim known to the accountant that is not shown in either the Account or the petition for adjudication/statement of proposed distribution as being either paid in full or to be paid in full; (3) any other individual or entity known to the accountant to have or claim an interest in the estate or trust as a beneficiary, heir, or next of kin, except for those legatees or claimants whose legacies or claims have been satisfied in full as reflected in the Account or will be satisfied in full as proposed in the petition for adjudication/statement of proposed distribution; and (4) For an Account where a charitable interest is involved, refer to Rule 4.4.
Civil cases
Page 16 | Rule 2.5(a)
Notices and additional notices must be sent by prepaid first-class United States mail, and service is complete upon mailing.
All notices and additional notices shall be sent by first-class United States mail, postage prepaid. Service by mail is complete upon mailing.
Civil cases
Page 17 | Rule 2.5(f)
A copy of objections must be sent to the accountant by prepaid first-class United States mail.
Objections to an Account and/or a petition for adjudication/statement of proposed distribution shall be filed with the clerk on or before the time and date of the audit in those counties holding an audit, and by a specified date in all other counties, with a copy sent by first-class United States mail, postage prepaid, to the accountant or
Civil cases
Page 18 | Rule 2.7(a)
If the notice includes a service list, the objector must mail the objections to every listed name and address.
Explanatory Comment: If the notice received by the objector has a service list appended to it setting forth the name and address of each interested party who received the notice under Rule 2.5, the objector must mail his or her objections to every name and address appearing on the service list.
Civil cases
Page 19 | Rule 2.7, Explanatory Comment
Copies of the specified pleadings must be served on the accountant, if applicable, and each interested party and claimant who received the Rule 2.5 notice, or their counsel if represented.
(c) If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections must be filed within 20 days after service of the applicable preceding pleading, with a copy served upon the accountant, if applicable, and to each interested party and claimant who received the notice pursuant to Rule 2.5, or to his or her counsel, if represented.
Civil cases
Page 19 | Rule 2.8
The citation and petition must be served on each cited party at least 20 days before a responsive pleading is due, using the specified methods for service of original process.
The citation to obtain personal jurisdiction and a copy of the petition shall be served upon each cited party at least 20 days before the date when a responsive pleading is due, in the same manner as service of original process under Pa.R.C.P. Nos. 402 through 404, Pa.R.C.P. No. 420, and Pa.R.C.P. Nos. 422 through 424 inclusive.
Civil cases
Page 26 | Rule 3.5(a)(2)
Filing Fees and Waivers
If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions the court administrator may place the case on the trial list, notify the parties of the earliest date on which the case may be tried and schedule a pre-trial conference. The filing fee shall be charged to the Plaintiff.
If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions the court administrator may place the case on the trial list, notify the parties of the earliest date on which the case may be tried and schedule a pre-trial conference. The filing fee shall be charged to the Plaintiff.
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
If an arbitrable case is not timely listed for arbitration, the court may list it and the filing fee is charged to the plaintiff.
If the case is arbitrable under Rule L1301.1 and not listed for arbitration by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions the court may list the case for arbitration pursuant to Rule L1303.1(a)(2)(i). The filing fee shall be charged to the Plaintiff.
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
The party obtaining a verdict must pay the required jury fee to the prothonotary before judgment is entered.
Judgment shall not be entered on a verdict within the time allowed for motions for judgment n.o.v., for new trial, or for arrest of judgment, nor until the party obtaining the verdict shall have paid the prothonotary the required jury fee as provided by law.
Civil cases
Page 22 | Rule L314. Judgment on Verdict
Poundage must be collected when money is paid into court.
When money is paid into court the prothonotary is required to collect poundage for the handling of the money. See 42 P.S. § 21071.
Civil cases
Page 27
If the case settles after the hearing is scheduled but before it occurs, the Plaintiff pays a $100 fee, which may be waived in whole or in part upon a demonstrated financial inability to pay.
In the event the case is settled after the chairperson has scheduled the hearing and before the hearing a fee in the amount of $100 shall be collected by the prothonotary from the Plaintiff, $50 of the fee shall be paid to the chairperson as reimbursement for his or her office expenses and the remaining $50 shall be retained by the prothonotary. A party who demonstrates a financial inability to pay all or a part of the aforesaid fee may request the court waive all or part of it.
Civil cases
Page 39 | ARBITRATION
If the case settles after the Board is appointed but before the hearing is scheduled, the prothonotary collects a $50 fee from the Plaintiff.
In the event the case is settled after the Board of Arbitration has been appointed and before the chairperson has scheduled the hearing a fee in the amount of $50 shall be collected by the prothonotary from the Plaintiff as reimbursement to the prothonotary for expenses.
Civil cases
Page 39 | ARBITRATION
An appealing party must pay an arbitrator compensation fee of $750, capped at 50% of the amount in controversy, but may request a full or partial waiver based on financial inability.
The appealing party shall pay to the prothonotary the sum of $750.00 but not more than 50% of the amount in controversy, as compensation for the Arbitrators, which shall not be taxed as costs or be recoverable in any proceeding. A party who demonstrates a financial inability to pay all or a part of the aforesaid fee may request the court waive all or part of it.
Civil cases
Page 45 | Rule 1308(c)
No filing fees apply to proceedings under Chapter XVI.
Rule 16.4. Commencement; Venue; No Filing Fees
Civil cases
Page 4 | CHAPTER XVI. PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT
A filing party must pay the electronic-filing fee set by the court.
A filing party shall pay the fee for electronically filing a legal paper as provided by the court.
Civil cases
Page 42 | Rule 4.7
The party first listing a case must pay a one-time $100 listing fee; settlement before the hearing affects how $50 of that fee is allocated or refunded.
After the pleadings have been closed for 30 days cases may be listed for arbitration by one or more of the parties in the case or their counsel filing a Praecipe for Arbitration that shall include, to the extent possible, an estimate of the number of hours, or portion thereof, anticipated to be needed for the hearing, together with a listing fee in the amount of $100. The praecipe shall substantially conform to the form shown below. The party or counsel filing the Praecipe for Arbitration shall deliver a copy to the court administrator and shall forthwith serve a copy of the praecipe upon all other counsel of record and any unrepresented parties, who, if for any reason oppose such listing, shall within 10 days thereafter file their objection(s). Ten days after the case has been praeciped onto the list, if no objections thereto have been filed, the prothonotary shall promptly appoint a panel of 3 arbitrators one of whom to be appointed chairperson to hear and decide the case, and shall forward copies of all pleadings and other documents filed in the case to all arbitrators. The chairperson so appointed shall forthwith establish the time, date and place of the hearing and notify all counsel of record, unrepresented parties, and members of the arbitration panel thereof at least 30 days in advance unless a shorter time is stipulated to. All hearings shall be held within 60 days of the date the chairperson is appointed by the prothonotary. In the event the case is settled prior to hearing but after the chairperson has scheduled a hearing, $50 of the filing fee shall be paid to the chairperson as reimbursement for office expenses. In the event the case has been settled prior to hearing and before the chairperson has scheduled a hearing, $50 of the filing fee shall be refunded to the party who paid it. In either event the remaining $50 shall be retained by the prothonotary to reimburse expenses. The filing fee shall be charged to the party first listing the case for hearing, and only be assessed one time per case.
Civil cases
Page 38 | ARBITRATION
In the event the case is settled before the Board of Arbitration is appointed no fee shall be assessed. In the event the case is settled after the Board of Arbitration has been appointed and before the hearing a fee in the amount of $50 shall be collected by the prothonotary from the
In the event the case is settled before the Board of Arbitration is appointed no fee shall be assessed. In the event the case is settled after the Board of Arbitration has been appointed and before the hearing a fee in the amount of $50 shall be collected by the prothonotary from the
Civil cases
Page 38 | ARBITRATION
A party who demonstrates financial inability may request a waiver of all or part of the fee.
A party who demonstrates a financial inability to pay all or a part of the aforesaid fee may request the court waive all or part of the fee.
Civil cases
Page 39 | ARBITRATION
No filing fee is assessed if the case settles before the Board of Arbitration is appointed.
In the event the case is settled before the Board of Arbitration is appointed no filing fee shall be assessed.
Civil cases
Page 39 | ARBITRATION
Unless the parties agree otherwise or the court orders otherwise, mediation costs are split equally between plaintiffs and defendants, or into three equal shares when third-party defendants are involved, and are payable directly to the mediator at mediation's conclusion unless otherwise agreed.
Except by agreement of all the parties or as otherwise ordered by the court, one-half the cost of the mediator’s services must be borne by the plaintiff(s) and one-half by the defendant(s). In a case with third-party defendants, the cost must be divided into three equal shares. Compensation must be paid directly to the mediator upon the conclusion of the mediation, or as otherwise agreed to by the parties and the mediator. Failure to pay the mediator shall be brought to the court’s attention.
Civil cases
Page 46 | Rule L1341(b)(2)
A party demonstrating financial inability may request a full or partial waiver of its share of the mediator's fee, and the other parties able to pay must bear their pro rata shares.
A party who demonstrates a financial inability to pay all or a part of that party’s pro rata share of the mediator’s fee may request the court waive all or part of that party’s share of the fee. Other parties to the case who are able to pay the fee must bear their pro rata portions of the fee.
Civil cases
Page 46 | Rule L1341(b)(3)
No filing fee is charged for the required status report.
No fee shall be charged for the filing of the report required by this rule.
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure
The court may impose an additional automation fee for each electronically filed legal paper.
The court may assess an additional automation fee for each legal paper electronically filed which shall be used for the development, implementation, maintenance, and training in the use of the court’s electronic filing system and other related uses.
Civil cases
Page 42 | Rule 4.7
The Register is no longer prohibited from charging a fee for filing the certification.
Note: Rule 10.5 is substantively identical to former Rule 5.6, except that subparagraph (d) of this Rule no longer prohibits the Register from charging a fee for filing this certification.
Civil cases
Page 62 | Note to Rule 10.5
The court reporter must transcribe the notes of testimony without charge to the applicant.
Pa.R.A.P. 3804 requires that the court reporter, without charge to the applicant, transcribe the notes of testimony and deliver them to the clerk of the court by 5:00 o’clock p.m. of the business day following receipt of the notice of appeal to the Superior Court.
Civil cases
Page 70 | Pa.R.A.P. 3804
Applicants are not required to pay filing fees or court costs.
(b) No filing fees or court costs shall be required of the applicant.
Civil cases
Page 71 | Rule 16.4(b)
Courtesy Copy Requirements
It should not be filed with the court administrator. Courtesy copes for the court are not required.
It should not be filed with the court administrator. Courtesy copes for the court are not required.
Civil cases
Page 32 | Rule L1034(a). Motion for Judgment on the Pleadings
Petitions do not require courtesy copies for the court.
Courtesy copies for the court are not required.
Civil cases
Page 6 | Rule L206.4(c). Petition Procedure: Issuance of a Rule to Show Cause
No courtesy copy is required for a brief or memorandum of law.
A courtesy copy of the brief or memorandum of law is not required.
Civil cases
Page 10 | Rule L210. Form of Briefs and Memorandums of Law
Sealing & Redaction Procedures
Confidential exhibits or exhibits containing equivalent information must be handled using a Confidential Document Form so the record office can seal them.
(c) Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy § 8.0 shall include a Confidential Document Form so that the document can be properly sealed by the record office.
Page 3 | CHAPTER II. CUSTODY OF EXHIBITS
The proceeding must be kept confidential.
(a) The proceeding shall be confidential.
Civil cases
Page 70 | Rule 16.2. Confidentiality
The record and all listed written materials must be sealed.
(b) The record, including the application, pleadings, submissions, transcripts, exhibits, orders, evidence, findings and conclusions and any other written material to be maintained, shall be sealed.
Civil cases
Page 70 | Rule 16.2. Confidentiality
A decision in the proceeding must not disclose the applicant’s identity.
(c) The identity of the applicant shall not be disclosed in any decision of the proceeding.
Civil cases
Page 70 | Rule 16.2. Confidentiality
The proceeding must be kept confidential: its docket is sealed, docket entries use only the case number, and related documents are kept in a closed file marked confidential and identified only by case number.
(a) Each court shall maintain a sealed docket which is not open to public inspection. (b) The proceeding shall be docketed by case number only. (c) The name or initials of the applicant shall not be entered on any docket which is subject to public inspection. (d) Documents pertaining to the proceeding shall be maintained in a closed file which shall be marked ‘‘confidential’’ and identified by the case number only.
Civil cases
Page 72 | Rule 16.6
Filing Bundling Requirements
A party may submit multiple digital exhibits together on one USB flash drive.
If one party has multiple digital exhibits, they may be submitted together on one USB flash drive.
Page 3 | CHAPTER II. CUSTODY OF EXHIBITS
Pre-Motion Conference Requirements
Before submitting any motion, the movant or counsel must confer with all counsel and unrepresented parties, determine their positions, and state those positions in the motion.
Prior to submitting any motion, the movant or his/her counsel shall confer with all counsel of record and any unrepresented parties to determine their position with respect to the motion, and shall indicate their position in the motion and if the motion is uncontested the certification required by Rule L208.2(d).
Civil cases
Page 8 | Rule L208.3(a)(1)(c)
A party opposing a motion governed by Rule L208.3(a) must file a response with a supporting brief or memorandum within 20 days after service, unless the court modifies the deadline; otherwise, the court may treat the motion as uncontested.
A response along with a supporting brief or memorandum of law shall be filed by any party opposing a motion governed by Rule L208.3(a) within 20 days after service of the motion unless the time for filing the response is modified by court order. If a response is not filed as provided above, the court may treat the motion as uncontested.
Civil cases
Page 9 | Rule 208.3(b). Motion Procedure: When Response Required
A party opposing a motion governed by Rule 208.3(a) must file a response even when there are no disputed facts.
A response shall be filed by any party opposing a motion governed by Rule 208.3(a) even if there are no disputed facts because the response is the opposing party’s method of indicating opposition.
Civil cases
Page 10 | Note
Oral testimony may not be presented during argument unless the court directs otherwise.
No oral testimony shall be heard at the time of argument except by direction of the court.
Civil cases
Page 8 | Rule L208.3(a)(1)(f)
Argument is limited to 15 minutes per side, or 30 minutes total per side when there are multiple plaintiffs or defendants, subject to court modification or additional time allowed by the court.
Argument shall be limited to 15 minutes on each side including questions from the court: provided, however, if there are multiple plaintiffs or defendants, argument shall be limited to a total of 30 minutes for each side to be divided between or among counsel for the parties of the same side as they may decide unless the time allowed for argument is modified by court order. The court may allow additional time for argument if the court determines on a case-by-case basis that additional time would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.
Civil cases
Page 8 | Rule L208.3(a)(1)(f)
Unless a motion is certified as uncontested, the court must provide an opportunity for argument by briefs or oral argument, but may deny a procedurally defective, untimely, or inadequately supported motion without argument.
Unless the motion is certified as uncontested, the court shall provide the opportunity for argument either by written briefs or orally in open court. If oral argument is held, the court, in its discretion, may decide the matter at argument or take the matter under advisement. The court may deny the moving party’s request for relief, without argument, when the motion is procedurally defective, is untimely filed or fails to set forth adequate grounds for relief.
Civil cases
Page 8 | Rule L208.3(a)(1)(e)
The court will schedule a hearing when factual issues are disputed, generally allotting one hour including questions, with additional time available at the court’s discretion.
In the event there are disputed issues of fact, the court will schedule the matter for hearing. Generally, 1 hour will be allotted for the hearing including questions from the court to be divided among counsel for the parties as the court shall direct in its scheduling order. The court may allow additional time for hearing if the court determines on a case-by-case basis that additional time would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.
Civil cases
Page 8 | Rule L208.3(a)(1)(g)
Adjournment & Extension Requirements
Continuances are governed by the court’s continuance policy and will not be granted unless good cause is shown.
Continuances will be granted only in accordance with the court’s continuance policy (See memorandum of November 16, 1993) available on the court’s website at www.mckeancountypa.org/Departments/Court_Of_Common_Pleas. See also Pa.R.C.P. No. 216. No such request will be granted unless good cause is shown.
Civil cases
Page 8 | Rule L208.3(a)(1)(c)
Discovery after the 240-day period is permitted only by court order upon good cause shown.
Discovery will not be permitted after the 240 day period except by order of court upon good cause shown.
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure
An application to continue the pre-trial conference must be made by motion addressed to the court.
Any application for continuance of the conference shall be by motion addressed to the court.
Civil cases
Page 13 | Rule L212.3. Pre-Trial Conference
A continuance after a trial date is granted only for extraordinary reasons, and the court may impose on the requesting party reasonable opposing-party costs caused by the application.
(f) Continuances: Once a case has been given a trial date continuances will not be granted except for extraordinary reasons. When a continuance is granted the court may impose on the party making the application the reasonable costs actually incurred by the opposing party which would not have been incurred if the application had not been made.
Civil cases
Page 18 | Rule L308. Listing Cases for Trial
The case may be continued once by agreement at least 7 days before the hearing; the requester must notify the arbitrators in writing, and if the parties cannot agree, a continuance motion must be made to and ruled on by the court.
At least 7 days before the date of the hearing, the case may be continued 1 time by agreement of all counsel and unrepresented parties. The counsel or party requesting the continuance shall give written notice of such continuance to the arbitrators. The chairperson of the Board of Arbitration shall reschedule the case to be heard within 30 days, with notice of hearing to be provided to all arbitrators, counsel and unrepresented parties. In the event that the parties cannot agree to a continuance more than 7 days prior to the scheduled hearing date a motion for continuance must be made to and ruled upon by the court. If the case is continued by the court, the chairperson shall reschedule the hearing following the procedure set forth above.
Civil cases
Page 43 | Arbitration
If the parties cannot agree to a continuance more than 10 days before mediation, a motion must be submitted to and ruled on by the court; if granted, the mediator must reschedule as ordered.
In the event that the parties cannot agree to a continuance more than 10 days prior to the scheduled mediation date a motion for continuance must be made to and ruled upon by the court. If the case is continued by the court, the mediator shall reschedule the mediation in accordance with the court’s order granting the continuance.
Civil cases
Page 46 | Rule L1341(d)
Mediation may be continued once by agreement of all counsel if the continuance is made at least 10 days before mediation, and the requesting counsel or party must give written notice to the mediator.
At least 10 days before the date of the mediation, the mediation may be continued 1 time by agreement of all counsel. The counsel or party requesting the continuance shall give written notice of such continuance to the mediator.
Civil cases
Page 46 | Rule L1341(d)
Counsel may promptly request permission, for good cause, to file a required supporting brief or memorandum later instead of having the unsupported paper summarily disposed of.
If not so supported, then the motion, responses, exceptions, objections or petition shall be summarily disposed of, unless counsel promptly requests permission for good cause to file the required brief or memorandum of law at a later date.
Civil cases
Page 15 | Rule L303.1
If the required authority is not provided, the objections may be summarily disposed of unless counsel promptly requests permission, for good cause, to file the brief or memorandum later.
If not so supported, then the preliminary objections shall be summarily disposed of unless counsel promptly requests permission for good cause to file the required brief or memorandum of law at a later date.
Civil cases
Page 30 | Rule L1028(c). Preliminary Objections
Untimely responses may result in the preliminary objections being sustained unless counsel promptly requests permission, for good cause, to file the response later.
If an amended complaint, answer or reply brief is not timely filed, then the preliminary objections shall be sustained unless counsel promptly requests permission for good cause to file the required amended complaint, answer or reply brief at a later date.
Civil cases
Page 30 | Rule L1028(c). Preliminary Objections
The court may grant a continuance for the non-filing party to prepare the required materials and may impose resulting litigation costs as a sanction on that party.
The court, in its discretion, may grant a continuance to allow the non-filing party to prepare the required findings, conclusions of law and memorandum, except the costs of litigation thereby caused to the other party or parties to the action may be imposed as a sanction on the non-filing party.
Civil cases
Page 33 | Rule L1038 (a). Proposed Findings of Fact, Conclusions of Law and Memorandum in Support
Continuance requests must be made as soon as possible after notice is received, use the attached motion, and ordinarily will not be granted if made at the last minute.
Requests for continuances shall be made as soon as possible after receipt of this notice. The attached Motion for Continuance shall be used. Last minute requests for continuances ordinarily will not be granted.
Civil cases
Page 41 | Rule 1303.2. Notice
The court may extend the time for filing objections.
(d) The court may extend the time for filing objections.
Civil cases
Page 19 | Rule 2.7
An auditor or master shall file his or her report within 90 days after his or her appointment, unless the court extends the time upon request.
An auditor or master shall file his or her report within 90 days after his or her appointment, unless the court extends the time upon request.
Civil cases
Page 58 | Rule 9.2. Filing of Report
The court may extend any time period prescribed by the Rules on its own motion or on a party’s motion.
The court, upon its own motion or the motion of any party, may extend any time period prescribed by these Rules.
Civil cases
Page 8 | Rule 1.4. Extension of Time Limitations
Chambers Communication Rules
Counsel must request a status conference if a matter during or after discovery may prejudice the case or cause noncompliance with the rule.
If matters arise at any time during the discovery period or thereafter which counsel reasonably believes has or will prejudice their case or has or will cause counsel to fall out of compliance with this rule, counsel shall request a status conference.
Civil cases
Page 12 | Rule L212.1. Pre-Trial Procedure
Counsel may request a case management conference to establish an alternative discovery timetable when extensive discovery is apparent or pleadings remain open 60 days after the complaint is filed.
In those cases where it is apparent that extensive discovery will be required or when the pleadings have not closed within 60 days from the filing of the complaint, counsel may request a case management conference with the court to establish an alternative discovery timetable.
Civil cases
Page 11 | Rule L212.1. Pre-Trial Procedure