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Court Rules

Court of Common Pleas of Mercer County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Case Summary
3 pgs

Courtesy Copies

Brief

  • At Least 5 Days Before Argument Court

Adjournments

  • A petitioner seeking an extension must give 20 days’ written notice of the intention to request it on a stated day.
Cases:
Filters:

Page & Word Limits1 rule

Page LimitsMandatoryCivil cases

Summaries shall be no longer than 3 pages in length (double spaced).

Page limit
Up to 3 pages
Format
Double-spaced

Document Format Requirements12 rules

FormattingMandatoryCivil cases

party filing preliminary objections, to serve on adverse counsel a typewritten brief on paper 8 ½ inches by 11 inches in size, double spaced, except for quotations

Paper size
Letter
Applies to
  • Preliminary objections brief

Formatting

  • Typewritten
  • Double-spaced, except for quotations
Local Orphans Court Rules · p. 7
|SectionRULE 1. PRELIMINARY RULES
FormattingMandatoryCivil cases

All pleadings and other legal papers filed with the Prothonotary shall be prepared for flat filing on paper 8 ½” x 11” in size and be bound by staples or similar binding.

Paper size
Letter
Binding
Stapled

Formatting

  • Binding may be staples or similar binding
Local Rules of Civil Procedure · Jan 2026 · p. 7
|SectionRULE L205.2(a) — FILING LEGAL PAPERS WITH THE PROTHONOTARY
FormattingMandatoryCivil cases

Briefs must follow Pennsylvania Rule of Civil Procedure 210 and use concise, separately titled statements in the required order.

Court's wording

Briefs shall be in the form prescribed by Pennsylvania Rule of Civil Procedure 210, and shall consist of concise and summary statements, separately and distinctly titled, of the following items in the order listed:

Local Rules of Civil Procedure · Jan 2026 · p. 14
|SectionRULE L210 — FORM OF BRIEFS
FormattingMandatoryCivil cases

The subsequent re-indexing shall be noted on the docket at the original number and term and shall be re-indexed on a separate line in the judgment index, clearly showing the date of such re-indexing.

Local Rules of Civil Procedure · Jan 2026 · p. 20
|SectionRULE L316.4 — JUDGMENTS: RE-INDEXING
FormattingMandatoryCivil cases

Briefs shall be filed and be in the form set forth in L210 and subject to L208.3(b).

FormattingMandatoryCivil cases

All papers filed with the clerk of the Domestic Relations Section shall be prepared for flat filing on paper approximately 8 ½ inches x 11 inches in size.

File type
Paper
Paper size
Letter
Applies to
  • Paper filing
Local Rules of Civil Procedure · Jan 2026 · p. 47
|SectionRULE L1930.7 — FLAT FILING OF PAPERS
FormattingMandatoryCivil cases

(3) The caption and cover page shall be substantially in the form reflected in FORM L5000.1(d)(3).

FormattingMandatoryCivil cases

(c) The Notice of Intervention and Entry of Appearance shall be substantially in the form reflected in FORM L5000.2(c).

FormattingMandatoryCivil cases

The Tax Assessment Appeal Settlement Agreement and Stipulation and Consent Order shall be substantially in the form reflected in FORM L5000.12(c).

Applies to
  • Tax assessment appeal settlement agreement and stipulation
  • Consent order

Formatting

  • Must be substantially in the form reflected in FORM L5000.12(c).
FormattingMandatory

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). If one party has multiple digital exhibits, they may be submitted together on one USB flash drive.

LOCAL RULES OF JUDICIAL ADMINISTRATION · Sep 2024 · p. 5
|SectionRULE 5103. Custody of Exhibits. Special Provisions
FormattingImportantCivil cases

Copies attached to papers submitted to the court must be legible and faithfully reproduce the original; the court may require a substitute copy unless the original is illegible.

Court's wording

Whenever a copy of a writing is attached to a pleading, brief or other paper submitted to the court, whether such copy is mechanically produced or otherwise, it 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 before the pleadings shall be considered valid or the brief or other paper considered.

FormattingImportantCivil cases

a petition for distribution in form similar to that of petitions for distribution required by the Orphans’ Court Division of this Court

Document Filing Requirements159 rules

Filing RequirementsMandatoryCivil cases

An acknowledgment of satisfaction must be in writing and filed with the Clerk unless the Court requires another manner of acknowledgment.

Court's wording

Acknowledgment of satisfaction of all sums of money or property ordered to be paid or delivered by any award or decree of this Court shall be in writing and filed with the Clerk, or acknowledged in such other manner as the Court may require.

Local Orphans Court Rules · p. 4
|SectionRULE 1. JUDGES – LOCAL RULES
Filing RequirementsMandatoryCivil cases

If no action is taken, or no written objection stating good cause is filed in such matter within 30 days, the Clerk of the Orphans’ Court shall enter an order terminating the matter.

Local Orphans Court Rules · p. 6
|SectionLOCAL RULE 1.17 Termination of Inactive Cases
Filing RequirementsMandatoryCivil cases

The praecipe must identify opposing counsel and state whether the matter requires testimony.

Court's wording

A copy of the praecipe ordering the case on the Argument List shall be sent to the opposing counsel and to the Court Administrator by the party placing the case on the Argument List, which praecipe shall include the name of the opposing counsel and whether the matter listed requires the taking of testimony.

Local Orphans Court Rules · p. 6
|SectionLOCAL RULE 1.18 Argument Court
Filing RequirementsMandatoryCivil cases

All cases for argument shall be placed on the Argument List at least thirty (30) days prior to the argument by praecipe to the Clerk.

Local Orphans Court Rules · p. 6
|SectionLOCAL RULE 1.18 Argument Court
Filing RequirementsMandatoryCivil cases

Accounts required by law to be filed with the Clerk must be advertised as prescribed by law, and the advertisement must state the consequences of failing to object before confirmation.

Court's wording

All accounts required by law to be filed with the Clerk shall be advertised by the Clerk in the manner prescribed by law and shall also state that unless objections are filed before the date set for confirmation, the account will be approved and that thereafter distribution may be decreed by the Court, without reference to an auditor, in accordance with any statement of proposed distribution filed with the account.

Local Orphans Court Rules · p. 7
|SectionRULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.5:2
Filing RequirementsMandatoryCivil cases

containing a concise statement of the relevant facts, the questions involved, the argument, and the authorities relied upon.

Local Orphans Court Rules · p. 7
|SectionRULE 1. PRELIMINARY RULES
Filing RequirementsMandatoryCivil cases

The notice to interested parties shall set forth the date on which the account will be confirmed, and that the account will be confirmed unless objections are filed before the account is confirmed.

Local Orphans Court Rules · p. 7
|SectionRULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.5:1
Filing RequirementsMandatoryCivil cases

Real property shall be described in the manner appearing in the last deed of record, or in some other proper manner, and in addition, shall include information pertinent to the derivation of title.

Local Orphans Court Rules · p. 8
|SectionRULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.9:4(c)
Filing RequirementsMandatoryCivil cases

An account or accompanying statement of proposed distribution is finally approved only by the Clerk’s written affirmation or court order; final approval of a statement must expressly identify it as a final confirmation of both documents.

Court's wording

No account, or statement of proposed distribution filed with any account, shall be considered finally approved except by written affirmation by the Clerk as hereinbefore provided or by order of Court; and such final approval, if relating to a statement of proposed distribution filed with any account, shall expressly state that it is a final confirmation of the account and the statement of proposed distribution filed therewith.

Local Orphans Court Rules · p. 8
|SectionRULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.9:2(b)
Filing RequirementsMandatoryCivil cases

A statement of proposed distribution must identify each recipient, the exact amount awarded, and whether the distribution is in cash or in kind.

Court's wording

The statement of proposed distribution shall specify the names of the person or persons to whom the balance available for distribution is awarded, the exact amount of share awarded to such person or persons, and whether the proposed distribution is in cash or in kind.

Local Orphans Court Rules · p. 8
|SectionRULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.9:3
Filing RequirementsMandatoryCivil cases

A schedule of distribution shall set forth separate awards of real property in separate paragraphs.

Local Orphans Court Rules · p. 8
|SectionRULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.9:4(b)
Filing RequirementsMandatoryCivil cases

a statement by the attorney for the accountant that the schedule of distribution is correct and in accordance with law; and

Filing RequirementsMandatoryCivil cases

When a distributee’s identity or whereabouts is unknown or there are no known beneficiaries, the fiduciary must submit a sworn or verified written report detailing the investigation and, in intestacy cases, providing a supported family tree.

Court's wording

Unknown Distributee – If it appears that the identity or whereabouts of a distributee is unknown, or there are no known beneficiaries, the fiduciary shall submit a written report, sworn to or verified by the fiduciary or his counsel, setting forth: A. The nature of the investigation made to locate the beneficiaries or heirs of the decedent, in complete detail; and B. in cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain. Investigation Defined – The term “investigation” as used in this Local Rule, shall include inquiry of or as to as many of the following as may be pertinent and feasible: residents of the household in which the decedent resided; friends and neighbors; labor union membership; places of employment; social fraternal, or beneficial organization; insurance records; church membership; school records; social security , Veterans’ Administration, or military service records; naturalization records, if not native born; and such other sources of information as the circumstance may suggest.

Local Orphans Court Rules · p. 9
|SectionLocal Rule 2.10 Report by Fiduciary
Filing RequirementsMandatoryCivil cases

The report required by the Supreme Court Rules shall be submitted to the Court or to an auditor appointed by the Court, and shall include substantially the following:

Local Orphans Court Rules · p. 9
|SectionLocal Rule 2.10 Report by Fiduciary
Filing RequirementsMandatoryCivil cases

a proposed decree of distribution.

Filing RequirementsMandatoryCivil cases

A fiduciary requesting that distribution to a non-resident distributee be withheld must submit a sworn or verified report stating the relationship and available whereabouts, any required intestacy family tree, and the reason and suggested manner for withholding distribution.

Court's wording

Non-Resident Distributee – If the fiduciary requests the Court to withhold distribution to a non-resident distribute, the fiduciary shall submit a written report, sworn to or verified by the fiduciary or the fiduciary’s counsel, which shall set forth: A. the relationship of the distributee to the decedent, and any available information concerning the distributee’s present whereabouts; B. in cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain; and C. the reason for the request that distribution be withheld, and the suggested manner of withholding.

Local Orphans Court Rules · p. 9
|SectionLocal Rule 2.10 Report by Fiduciary
Filing RequirementsMandatoryCivil cases

an affidavit or verification by the accountant or one of the next of kin or beneficiaries stating the names and addresses of all the beneficiaries, and that they are all sui juris, or if not, the names and addresses of their fiduciaries;

Filing RequirementsMandatoryCivil cases

Petitions and motions shall have attached thereto a proposed order of Court, which shall be prepared by the party presenting the petition or motion, and which shall include a date and time for a hearing and for the taking of testimony,

Document
Petition or motion

Must include

  • Proposed order
Local Orphans Court Rules · p. 10
|SectionLocal Rule 3.1:2 Hearings
Filing RequirementsMandatoryCivil cases

When directed to examine a designated charitable trust, the examiner must submit a written report following as nearly as possible the prescribed form for a master’s report and containing specific recommendations.

Court's wording

In the exercise of its visitorial and supervisory powers over charitable trusts the Court will, in its discretion, from time to time, by general rule or special order, direct the official examiner, or a special examiner appointed for the purpose, to make an examination of the assets of a designated trust and an investigation to determine whether the purposes of the trust are being carried out in the manner provided by the trust instrument; and to submit to the Court a written report thereon which shall follow as nearly as may be the form prescribed by theses Local Rules for a master’s report and shall contain specific recommendation for the Court’s consideration.

Local Orphans Court Rules · p. 10
|SectionLocal Rule 2.11:1 Appointment and Duties of Official Examiners
Filing RequirementsMandatoryCivil cases

When the personal representative, at his own risk, delivers assets of the estate in satisfaction of the exemption, he shall set forth the same as a credit in the account.

Local Orphans Court Rules · p. 11
|SectionLocal Rule 5.2:2 Voluntary Distribution
Filing RequirementsMandatoryCivil cases

The notice must include the petition and appraisal and state that nisi confirmation will be requested on a specified date and may be allowed unless objections are filed.

Court's wording

The notice shall contain a copy of the petition and the appraisal, and a statement that nisi confirmation of the appraisal will be requested and may be allowed by the Court at a stated date, and unless objections are filed thereto, the appraisal shall be confirmed thereafter by the Clerk without further Order of Court.

Local Orphans Court Rules · p. 11
|SectionLocal Rule 5.2:1 Appraisal
Filing RequirementsMandatoryCivil cases

A petition for the extension of time in which the surviving spouse may file an election to take against the Will shall comply with all existing Orphans’ Court Rules.

Local Orphans Court Rules · p. 12
|SectionLocal Rule 5.4:1 Extension of Time. Contents of Petition
Filing RequirementsMandatoryCivil cases

The notice shall contain a copy of the petition and appraisal, and a statement that confirmation of the appraisal will occur on a stated date and the setting apart of the real estate to the individual who will be requesting the family exception and may be allowed by the Court at a stated time, and unless exceptions are filed before the date of confirmation.

Local Orphans Court Rules · p. 12
|SectionLocal Rule 5.2:4 Appraisal. Notice. Practice and Procedure
Filing RequirementsMandatoryCivil cases

The petitioner shall file the petition with the Clerk and thereafter given twenty (20) days written notice of intention to request the extension at a stated day to

Local Orphans Court Rules · p. 12
|SectionLocal Rule 5.4:2 Extension of Time. Practice and Procedure
Filing RequirementsMandatoryCivil cases

the evidence of the deposit or investment, marked to indicate the restriction, shall be promptly exhibited to the Court.

Local Orphans Court Rules · p. 13
|SectionLocal Rule 5.6:2 Minor’s Estate. Restricted Account
Filing RequirementsMandatoryCivil cases

When presenting a petition to appoint an individual guardian for a minor’s estate, counsel must state the estate’s total assets, whether the minor lives with the proposed guardian, and whether the minor’s share will be deposited in a restricted account.

Court's wording

At the time of the presentation of the petition for the appointment of an individual guardian, for a minor’s estate, counsel shall state the following in court: 1. the total amount of the assets; 2. whether or not the minor resides in the same household with the proposed guardian; and 3. whether it is proposed to deposit the share of the minor in a restricted account.

Local Orphans Court Rules · p. 13
|SectionLocal Rule 5.6:1 Information Required from Counsel
Filing RequirementsMandatoryCivil cases

When a guardian files a petition for discharge after court-ordered withdrawals during the minor’s minority, the petition must include the specified account affidavit or verified statement and the guardian’s affidavit or verified statement.

Court's wording

If, upon subsequent order of the Court, withdrawals have been made from the account during minority, the guardian shall file a petition for discharge upon the minor attaining his majority. There shall be attached to the petition: A. an affidavit or verified statement in the nature of an account, containing items of administration, distribution, principal, and income, which shall be separately stated; B. an affidavit or verified statement by the guardian setting forth the date the minor attained his majority; that he has examined the account, that he has received the money, or benefit of the money, for which credit is taken in the account; that he approves the account and requests that it be confirmed; and that, upon distribution to him of the balance shown thereon, subject to such additional credits as may be authorized by law and set forth in the petition and order, he agrees that the guardian shall be discharged.

Local Orphans Court Rules · p. 14
|SectionLocal Rule 5.6:2 Minor’s Estate. Restricted Account
Filing RequirementsMandatoryCivil cases

When the guardian has received assets in addition to the deposit or investment made in accordance with this Local Rule, he shall account as if the restricted account did not form part of the estate.

Local Orphans Court Rules · p. 14
|SectionLocal Rule 5.6:2 Minor’s Estate. Restricted Account
Filing RequirementsMandatoryCivil cases

A petition seeking an allowance from a minor’s estate must provide the specified information about the guardianship, minor and family, estate and income, support circumstances, prior allowances, financial needs, and any demand made on the guardian.

Court's wording

A petition for an allowance from a minor’s estate for the maintenance, support or education of the minor, the minor’s spouse or children, shall set forth: 1. the manner of the guardian’s appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate; 2. the age and residence of the minor; whether the minor’s parents are living; the name of the person with whom the minor resides, and, if married, the name and age of the minor’s spouse and children; 3. the value of the minor’s estate, real and personal, and the net annual income; 4. the circumstances of the minor, whether employed or attending school; if the minor’s parents, or the person charged with the duty of supporting him, are living, the financial condition and income of such person and why they are not discharging their duty to support the minor; and whether there is adequate provision for the support and education of the minor, or the minor’s spouse and children; 5. the date and amount of any provision previously allowed by the Court, and the name of the Judge who granted it; 6. the financial requirements of the minor and the minor’s family unit, in detail, and the circumstances making such allowance necessary; and 7. if the petition is presented by someone other than the guardian, that demand was made upon the guardian to act, and the reason, if any given by him/her for his/her failure to do so.

Local Orphans Court Rules · p. 15
|SectionLocal Rule 5.6:4 Minor’s Estate. Allowances
Filing RequirementsMandatoryCivil cases

When the value of the gross, real, and personal estate of a decedent does not exceed the value of the statutory limitation, the personal representative, after the expiration of one (1) year from the first complete advertisement of the grant of letters, may present a petition to the Court with an account attached under the provisions of Section 3531 of the Probate, Estate and Fiduciaries Code (20 Pa.C.S.A. § 3531).

Local Orphans Court Rules · p. 16
|SectionLocal Rule 5.8:1 Discharge of a Fiduciary. Additional Provisions
Filing RequirementsMandatoryCivil cases

The affidavit or verified statement to the petition shall include an averment that the parties who have signed the consents to discharge are all interested parties in the estate, or the reason for the failure of any party to consent.

Local Orphans Court Rules · p. 16
|SectionLocal Rule 5.8:1 Discharge of a Fiduciary. Additional Provisions
Filing RequirementsMandatoryCivil cases

Written consent of all interested parties, and of the surviving or successor fiduciary, shall be attached to the petition. Such consent may be included in a satisfaction of award attached to the petition.

Local Orphans Court Rules · p. 16
|SectionLocal Rule 5.8:1 Discharge of a Fiduciary. Additional Provisions
Filing RequirementsMandatoryCivil cases

The auditor or master shall certify in the report the manner and time of serving the notice herein required.

Local Orphans Court Rules · p. 17
|SectionLocal Rule 9.6:1 Notice of Filing Report. Preliminary Objections
Filing RequirementsMandatoryCivil cases

Auditors and masters shall state in their report the manner and to whom notice was given.

Local Orphans Court Rules · p. 17
|SectionRULE 9. AUDITORS AND MASTERS
Filing RequirementsMandatoryCivil cases

If the averments of the petition for appeal appear to be prima facie sufficient, the Court shall award a citation and, if it has not been done by the Clerk on his/her own motion, order certification of the entire record of the Clerk to the Court. The citation shall be directed to all interested parties and shall require them to file a complete answer under oath or

Local Orphans Court Rules · p. 18
|SectionLocal Rule 10.4:3 Certification and Citation
Filing RequirementsMandatoryCivil cases

Any person desiring to appeal from a judicial act or decision of the Register shall file a written notice thereof with the Register, specifying generally the act or decision complained of, accompanied by an affidavit or verification that said appeal is not taken for delay, but because appellant believes that injustice results from the act or decision which is appealed.

Local Orphans Court Rules · p. 18
|SectionLocal Rule 10.4:1 Notice of Appeal
Filing RequirementsMandatoryCivil cases

The petition for appeal must state the nature of the Register proceedings, include any Will in controversy, state the relied-upon facts and circumstances and the precise questions involved, address the required security, and list all interested parties' names and addresses.

Court's wording

Within thirty (30) days from the filing of the notice of appeal, the appellant shall present a petition to the Court which shall set forth: 1. the nature of the proceedings before the Register; 2. a copy of any Will in controversy; 3. a statement of the facts and circumstances relied upon; 4. a precise statement of the questions of law or of fact involved; 5. the filing and approval by the Register of the security required by law; and 6. the names and addresses of all interested parties.

Local Orphans Court Rules · p. 18
|SectionLocal Rule 10.4:2 Petition for Appeal
Filing RequirementsMandatoryCivil cases

The affidavit or verification of service shall, in all cases, recite that the petition and citation were read to the alleged incapacitated person.

Local Orphans Court Rules · p. 19
|SectionLocal Rule 14.2:1 Incapacitated Person’s Estate. Proof of Service
Filing RequirementsMandatoryCivil cases

A petition for adoption shall have attached thereto: A. A scheduling order in conformance with the applicable statute; and B. A proposed decree of adoption.

Local Orphans Court Rules · p. 19
|SectionLocal Rule 15.5(a):2 Preliminary Order and Decree of Adoption
Filing RequirementsMandatoryCriminal cases

An order admitting an applicant into the A.R.D. Program must include the specified continuance language.

Court's wording

All Orders admitting applicants into the A.R.D. Program shall contain the following: "Defendant's request for a continuance of all proceedings in this case pending a determination of his eligibility for the A.R.D. Program and for the time he is in the program plus ninety days is granted."

Filing RequirementsMandatoryCriminal cases

A motion requesting admission into the A.R.D. Program must include the specified continuance request.

Court's wording

All motions requesting admission into the A.R.D. Program shall contain the following: "I request the continuance of any further proceedings in my case until it is determined whether I am eligible for A.R.D., and if I am admitted into it, for the length of time I am in the program, plus ninety days thereafter. "

Filing RequirementsMandatoryCriminal cases

This application is to be filled out by any person placed on bail.

Local Rules of Criminal Procedure · p. 5
|SectionAPPLICATION FOR BAIL
Filing RequirementsMandatoryCriminal cases

(b ) Notice of arraignment shall be provided to the defendant by the Magisterial District Judge following the preliminary hearing on the form provided in subparagraph (e ).

Local Rules of Criminal Procedure · p. 7
|SectionRULE L571 — ARRAIGNMENTS
Filing RequirementsMandatoryCriminal cases

YOU MUST APPEAR FOR ARRAIGNMENT COURT UNLESS YOU EXECUTE A WRITTEN WAIVER PRIOR TO THE DATE OF ARRAIGNMENT. IF YOU FAIL TO APPEAR OR WAIVE ARRAIGNMENT, A BENCH WARRANT SHALL BE ISSUED FOR YOUR ARREST.

Local Rules of Criminal Procedure · p. 8
|SectionRULE L571 — ARRAIGNMENTS
Filing RequirementsMandatoryCriminal cases

(g ) At arraignment, all defendants charged with DUI shall notify the Court on the record if they appear or in writing if arraignment is waived, whether treatment was recommended as a result of the DUI evaluation and, if so, whether the defendant has completed said treatment.

Local Rules of Criminal Procedure · p. 8
|SectionRULE L571 — ARRAIGNMENTS
Filing RequirementsMandatoryCivil cases

Every petition shall have attached to it a proposed order, providing for an evidentiary hearing.

Document
Petition

Must include

  • Proposed order
Local Rules of Civil Procedure · Jan 2026 · p. 8
|SectionRULE L206.4(c) — RULE TO SHOW CAUSE. ALTERNATIVE PROCEDURES
Filing RequirementsMandatoryCivil cases

Pleadings and other legal papers filed with the Prothonotary must include the specified court, filing, case, pleading, notice, certification, and filing-attorney information on the face sheet.

Document
Pleadings and other legal papers

Must include

  • Caption

Court's wording

All pleadings and other legal papers filed with the Prothonotary shall contain on the face sheet the following information: designation of the Court, date of filing, file number, caption, title of pleading, notice to plead or other form of notice, certification where applicable, and name, address, Supreme Court number, and telephone number of the attorney or law firm filing the pleading upon whom papers may be served.

Local Rules of Civil Procedure · Jan 2026 · p. 8
|SectionRULE L205.2(b) — COVER SHEET
Filing RequirementsMandatoryCivil cases

(3) The petitioner shall attach to the petition a proposed order substantially in the following form:

Document
Petition

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

A motion shall include a brief statement of the applicable authority for the relief requested.

Filing RequirementsMandatoryCivil cases

A motion presented as uncontested must include either written consent from opposing counsel and unrepresented parties or a certification that they were contacted and do not contest it.

Court's wording

If the moving party intends to present the motion as uncontested, the motion shall include a written consent by opposing counsel and unrepresented parties; or the motion shall include a certification that the moving party has contacted opposing counsel and unrepresented parties and that opposing counsel and unrepresented parties do not contest the motion.

Filing RequirementsMandatoryCivil cases

Any motion relating to discovery shall include a certification by the moving party that the moving party has conferred or attempted to confer with opposing counsel and unrepresented parties having an interest in the motion in order to resolve the matter without court action.

Document
Discovery motion

Must include

  • Certificate of conference
Filing RequirementsMandatoryCivil cases

Prior notice of presentation of a motion to the court shall state the date, time and place of intended presentation and shall be accompanied by a copy of the motion and the proposed order.

Document
Notice of presentation

Must include

  • Proposed order
Local Rules of Civil Procedure · Jan 2026 · p. 11
|SectionEx Parte Orders in Adversary Proceedings
Filing RequirementsMandatoryCivil cases

Each motion or other matter must include a scheduling order, proposed order, and a service certification stating how service was made.

Document
Motion or other matter

Must include

  • Proposed order

Court's wording

All motions or other matters shall contain a scheduling order, a proposed order, and a certification that the motion has been served on opposing counsel or the opposing party. The certification shall also set forth the manner of service.

Filing RequirementsMandatoryCivil cases

All proposed orders shall list the names of counsel of record, the party represented by each counsel and any self-represented parties.

Filing RequirementsMandatoryCivil cases

The praecipe to the Prothonotary shall include the name of opposing counsel, the precise nature of the matter requiring argument, and whether the matter listed requires the taking of testimony.

Local Rules of Civil Procedure · Jan 2026 · p. 12
|SectionScheduling of Matters — Argument Court
Filing RequirementsMandatoryCivil cases

When prior notice is required, the motion must state that notice was given and its date, time, and manner; a motion relying on special or compelling circumstances must state them.

Court's wording

In all cases where prior notice of presentation is required under statute or rule of court, the motion shall state that the requisite prior notice was given; the date, time and manner of giving notice. If the right to ex parte relief is based on the existence of special or compelling circumstances, the motion shall state such circumstances.

Local Rules of Civil Procedure · Jan 2026 · p. 12
|SectionEx Parte Orders in Adversary Proceedings
Filing RequirementsMandatoryCivil cases

(5) Form of Scheduling Praecipe: The praecipe shall identify the nature of the matter to be scheduled, all opposing counsel, and designate any Judge who has previously entered a ruling in the case.

Local Rules of Civil Procedure · Jan 2026 · p. 13
|SectionForm of Scheduling Praecipe

Filing & Service rules

Filing Timing and Cure Windows

A written objection stating good cause must be filed within 30 days to avoid termination of the matter if no other action is taken.

If no action is taken, or no written objection stating good cause is filed in such matter within 30 days, the Clerk of the Orphans’ Court shall enter an order terminating the matter.

Civil cases

Page 6 | LOCAL RULE 1.17 Termination of Inactive Cases

The specified counsel or parties must submit briefs at least 15 days before Argument Court.

At least fifteen (15) days before the date of Argument Court, it shall be the duty of counsel for the rule or motion, or petitioner, objector or

Civil cases

Page 6 | LOCAL RULE 1.18 Argument Court

A case must be placed on the Argument List by praecipe to the Clerk at least 30 days before argument.

All cases for argument shall be placed on the Argument List at least thirty (30) days prior to the argument by praecipe to the Clerk.

Civil cases

Page 6 | LOCAL RULE 1.18 Argument Court

Fiduciary accounts must be presented for confirmation at the date and time stated in the Annual Court Calendar, unless the Court directs otherwise.

The accounts of fiduciaries shall be presented to Court for confirmation at the date and time set for confirmation of accounts by the Court as set forth in the Annual Court Calendar, unless otherwise directed by the Court.

Civil cases

Page 7 | RULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.9:1

If appointed, the appraisers must file the appraisal with the Clerk within 30 days after appointment.

Upon petition the Court may appoint two (2) appraisers who shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed.

Civil cases

Page 11 | Local Rule 5.2:1 Appraisal

Appraisers must file the appraisal of the claimed property with the Clerk within 30 days after appointment.

The appraisers shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed.

Civil cases

Page 12 | Local Rule 5.2:4 Appraisal. Notice. Practice and Procedure

A claim solely for money may be made at or before the fiduciary-account audit, but no payment may be made to the spouse until the money is shown not to be needed for debts.

If the entire claim is for money, which need not be appraised, claim may be made at or before the audit of the fiduciary’s account, provided no payment shall be made to the spouse until it appears that the money claimed is not required for payment of debts.

Civil cases

Page 12 | Local Rule 5.2:4 Appraisal. Notice. Practice and Procedure

Objections to an appraisement must be filed with the Clerk before confirmation.

Objections to an appraisement shall be filed with the Clerk before confirmation.

Civil cases

Page 12 | Local Rule 5.2:4 Appraisal. Notice. Practice and Procedure

If court-authorized withdrawals were made from the account during the minor’s minority, the guardian must file a petition for discharge when the minor attains majority.

If, upon subsequent order of the Court, withdrawals have been made from the account during minority, the guardian shall file a petition for discharge upon the minor attaining his majority.

Civil cases

Page 14 | Local Rule 5.6:2 Minor’s Estate. Restricted Account

A fiduciary selling real property in a partition proceeding must file an account after the sale is completed.

The fiduciary selling real property in a partition proceeding shall file an account after the sale is completed.

Civil cases

Page 16 | Local Rule 5.9:1 Partition. Additional Provisions

Masters' reports must be filed in open court at the time and date set by the master under the rules.

All report of masters shall be filed in open court at the time and date set by the master pursuant to these Rules.

Civil cases

Page 17 | Local Rule 9.7:2 Confirmation of Master’s Reports. Objections

Auditors' reports must be filed in open court at the time and date set by the auditor under the rules.

All reports of auditors shall be filed in open court at the time and ate set by the auditor, pursuant to these Rules.

Civil cases

Page 17 | Local Rule 9.7:1 Confirmation of Auditor’s Reports. Objections

The appellant must present a petition to the Court within 30 days after filing the notice of appeal.

Within thirty (30) days from the filing of the notice of appeal, the appellant shall present a petition to the Court which shall set forth:

Civil cases

Page 18 | Local Rule 10.4:2 Petition for Appeal

The citation must require verification of the petition’s averments by a specified day no earlier than 20 days after service.

verification to the averments of the petition, on or before a day certain which shall not be less than twenty (20) days after the service thereof, and to show cause as the decree of the Court shall provide.

Civil cases

Page 19

The filing deadline for proof of service is on or before the citation’s return date.

Proof of service of the citation shall be filed with the Clerk on or before the return date of the citation.

Civil cases

Page 19

An answer to a rule-to-show-cause petition is due within 20 days after service, unless the Court sets a shorter period or dispenses with an answer in appropriate circumstances.

The rule shall direct that an answer be filed to the petition within (20) days after service of the petition on the respondent. The Court may, in appropriate circumstances, direct that an answer be filed within a shorter period of time, or dispense with the necessity of filing an answer altogether.

Civil cases

Page 8 | RULE L206.4(c) — RULE TO SHOW CAUSE. ALTERNATIVE PROCEDURES

Cases for argument must be placed on the argument docket by praecipe at least 30 days before argument day.

All cases for argument shall be placed on the argument docket at least thirty (30) days prior to the argument day by a praecipe as set forth in subsection (b) below.

Civil cases

Page 12 | Scheduling of Matters — Argument Court

Matters scheduled by praecipe require a praecipe filed with the Prothonotary and signed by counsel of record or a self-represented party; it may be filed no sooner than 30 days after preliminary objections or a summary judgment motion, while other matters may be praeciped at any time.

Matters for Argument Court and all other matters to be scheduled by praecipe shall be scheduled by filing a praecipe with the Prothonotary signed by counsel of record or a self-represented party no sooner than 30 days after the filing of preliminary objections or 30 days after the filing of a motion for summary judgment or at any time for any other matters to be scheduled by the court.

Civil cases

Page 12 | Scheduling of Matters — Scheduling by Praecipe

The moving party must file its brief when presenting its Argument Court scheduling praecipe.

(1) When a moving party files a scheduling praecipe for Argument Court, the moving party’s brief shall be filed with the Court Administrator at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief on opposing counsel and unrepresented parties.

Civil cases

Page 13 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

All other parties must file their briefs with the Court Administrator within 15 days after service.

All other parties shall file with the Court Administrator a brief within fifteen (15) days after service.

Civil cases

Page 13 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

When a non-moving party files the scheduling praecipe, the moving party must file its brief with the Court Administrator within 15 days after the praecipe is filed.

(2) When a non-moving party files a scheduling praecipe, the moving party shall file with the Court Administrator and with all other parties a brief within fifteen (15) days after filing of the praecipe.

Civil cases

Page 14 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

All other parties must file their briefs with the Court Administrator and all other parties within 10 days of receiving the moving party’s brief.

All other parties shall file with the Court Administrator and all other parties a brief within ten (10) days of receipt of the moving party’s brief.

Civil cases

Page 14 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

Supplemental filing and service less than 48 hours before trial opens do not comply with the rule.

Filing and service less than forty-eight hours before the opening of the trial shall not be deemed compliance with this subsection.

Civil cases

Page 15

Counsel must present the pre-trial statement to the court at least five business days before the pre-trial conference.

(c) At least five (5) business days prior to the pre-trial conference, each counsel of record representing a party to the action shall present to the court, and serve a copy on all other counsel, a pre-trial statement conforming with the requirements of Pa.R.Civ.P 212.2 , and shall also include:

Civil cases

Page 15

Failure to file an exception within ten days waives all objections to the bill of costs.

Failure to file exception within ten (10) days shall be deemed a waiver of all objections.

Civil cases

Page 19 | RULE L315 — BILLS OF COSTS

For a case commenced by writ of summons, a status conference cannot be scheduled until a complaint or motion for status conference is filed, whichever occurs first, or a party files an objection to termination for inactivity under the cited rule.

If a case is commenced via writ of summons, a status conference shall not be scheduled until either a complaint is filed or any party files a motion for status conference, whichever is earlier, or upon a party filing an objection to termination for inactivity pursuant to PA Rule of Judicial Administration 1901.

Civil cases

Page 20 | RULE L317 — STATUS CONFERENCE; CASE MANAGEMENT ORDER

A status conference must be held between 60 and 90 days after the complaint is filed.

A status conference shall be held no sooner than 60 days after the filing of the complaint nor later than 90 days.

Civil cases

Page 20 | RULE L317 — STATUS CONFERENCE; CASE MANAGEMENT ORDER

It shall be the duty of the plaintiff, if he desires to make answer to the petition, to file said answer within twenty (20) days after service of the petition and order upon him or his attorney of record, unless the period for filing of an answer is otherwise ordered by the court

It shall be the duty of the plaintiff, if he desires to make answer to the petition, to file said answer within twenty (20) days after service of the petition and order upon him or his attorney of record, unless the period for filing of an answer is otherwise ordered by the court

Civil cases

Page 20 | RULE L316.3 — STRIKING OR OPENING JUDGMENTS

In a regular case, summary judgment motions must be filed within eight months of the case management order.

that all summary judgment motions be filed within eight (8) months of the date of the order

Civil cases

Page 21

In a complex case, summary judgments must be filed within seventeen months of the case management order.

that all summary judgments be filed within seventeen (17) months of the date of that order

Civil cases

Page 21

Unless the Court extends the deadline or sets a separate one, expert reports are due within 30 days after discovery closes.

In the absence of a separate deadline for expert reports, all expert reports shall be due no later than thirty (30) days after the close of discovery unless extended by the Court.

Civil cases

Page 22

A recipient has 30 days to respond to the notice by filing a Statement of Intention to Proceed.

“You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

Civil cases

Page 23 | RULE L230.2

A party objecting to trial readiness must file a written objection within ten days after the order is entered.

Any party who does not agree with the readiness of the case for trial shall file a written objection within ten (10) days of the entry of the order.

Civil cases

Page 27 | Rule L329, Pre-Trial Order

A party objecting to the case being ready for trial must file a written objection to the certification within ten days after the order is entered.

IT IS HEREBY ORDERED AND DECREED that any party who does not agree with that the case is ready for trial shall file a written objection to the certification within ten (10) days of the entry of this Order.

Civil cases

Page 27 | Rule L329, Pre-Trial Order (form order)

For eligible defendants who satisfy the stated participation conditions, the counselor must file the Certificate of Participation within 30 days after service of the Complaint and URGENT NOTICE.

If the Defendant(s) call Housing Opportunities, Inc., and if the Defendant(s) attend a meeting with a Housing Opportunities Counselor, and if the Housing Opportunities Counselor makes a determination that the Defendant(s) is/are eligible to participate in the Mercer County Mortgage Foreclosure Conciliation Program, the Housing Opportunities Counselor shall secure the signature(s) of the Defendant(s) on a “Certificate of Participation”; file the same with the Prothonotary of Mercer County; and serve a copy thereof in the Court Administration Office of Mercer County, all within thirty (30) days following service of the Complaint and URGENT NOTICE upon the Defendant(s).

Civil cases

Page 32 | RESIDENTIAL MORTGAGE FORECLOSURE CONCILIATION PROGRAM, RULE L1147

The Certification of Participation must be returned and filed with the Mercer County Prothonotary within 30 days after service of the Complaint and URGENT NOTICE.

Must be returned and filed with the Prothonotary of Mercer County within thirty (30) days following service of the Complaint and URGENT NOTICE upon Defendant(s).

Civil cases

Page 34 | Certification of Participation

Defendants must act as directed in the attached Notice to Defend within 20 days of the order.

Defendant(s) is/are advised that within twenty (20) days of the date of this Order (he/she/they) must act as set forth in the Notice to Defend that was attached to the Complaint in Mortgage Foreclosure that was served on (him/her/them) by Plaintiff.

Civil cases

Page 37 | Exhibit E

Exceptions to a master's report must be filed with the Prothonotary by the deadline prescribed by law.

Exceptions to a master's report must be filed with the Prothonotary within the time prescribed by law.

Civil cases

Page 46 | RULE L1920.55-2 — MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.

A recipient must respond to the Notice within thirty days by filing a Statement of Intention to Proceed.

You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).

Civil cases

Page 46 | RULE 1920.60 — TERMINATION OF INACTIVE DIVORCE CASES

An appeal to the Court of Common Pleas must be made within 48 hours of the appraisal or designation.

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 forty-eight (48) hours thereof.

Civil cases

Page 51 | RULE L3123

A taxing authority or other interested party may intervene by filing a Notice of Intervention with the Prothonotary within twenty days after receiving notice of the appeal.

(a) Any taxing authority or other interested party who wishes to participate in the appeal may intervene as a matter of course by filing a Notice of Intervention with the Prothonotary within twenty (20) days of receiving notice of the appeal.

Civil cases

Page 54 | Rule L5000.2(a), Intervention

Each party must file a Pre-Hearing Memorandum within 14 days of the disposition hearing and serve it on all other parties.

Each party shall file a Pre-Hearing Memorandum within fourteen (14) days of the disposition hearing, serving a copy of their Memorandum on all other parties.

Civil cases

Page 57

Discovery responses must be furnished within 45 days of the request date.

Responses to discovery shall be furnished within forty-five (45) days of the date of the requests.

Civil cases

Page 57

The Conciliator must schedule a conciliation conference within the stated period after the appeal is filed.

The Conciliator shall schedule a conciliation conference within one hundred and twenty (150) days of the filing of the appeal.

Civil cases

Page 57

If the appeal is not resolved at the conciliation conference, the Conciliator must schedule a disposition hearing within 60 days.

In the event the appeal is not resolved at the conciliation conference, the Conciliator shall schedule a disposition hearing within sixty (60) days

Civil cases

Page 57

The transcript must be paid for and filed within 30 days after the court reporter’s letter.

the transcript must be paid for and filed within thirty (30) days of the date of the letter

Civil cases

Page 58 | RULE L5000.8 — HEARING BY CONCILIATOR; REPORT; OBJECTIONS; TRANSCRIPT

A party may file objections to the conciliator’s report and recommendation within 14 days after it is filed.

Any party may file objections to the report and recommendation of the conciliator within fourteen (14) days of the filing of the master’s report and recommendation.

Civil cases

Page 58 | RULE L5000.8 — HEARING BY CONCILIATOR; REPORT; OBJECTIONS; TRANSCRIPT

If no transcript is filed within 60 days after objections are filed, the court reporter must send notice that the transcript must be paid for and filed within 30 days or the objections will be overruled with prejudice.

If no trial transcript is filed within sixty (60) days of the date the Objections were filed, the court reporter shall send the objecting party a letter, with copies to all counsel and parties not represented by counsel, stating that the transcript must be paid for and filed within thirty (30) days of the date of the letter, and that if no transcript is filed within the time period, then a court order shall be issued overruling the objections with prejudice.

Civil cases

Page 58 | RULE L5000.8 — HEARING BY CONCILIATOR; REPORT; OBJECTIONS; TRANSCRIPT

The objecting party must file a Brief in Support of Objections and a Praecipe for Argument Court within 20 days after the transcript is filed of record.

Within twenty (20) days of the date on which the transcript is filed of record the objecting party shall file a Brief in Support of Objections along with a Praecipe for Argument Court.

Civil cases

Page 58 | RULE L5000.8 — HEARING BY CONCILIATOR; REPORT; OBJECTIONS; TRANSCRIPT

If the objecting party misses the deadline for its supporting brief, a non-objecting party may move to compel; if the brief is not filed within 20 days of the resulting order, the objections will be overruled with prejudice.

If an objecting party fails to timely file its Brief in Support of Objections any non- objecting party may file a motion to compel after which the court will issue an order directing that if the objecting party’s brief is not filed within twenty (20) days of the date of the order that the objections will be overruled with prejudice.

Civil cases

Page 58 | RULE L5000.8 — HEARING BY CONCILIATOR; REPORT; OBJECTIONS; TRANSCRIPT

Responding parties must file their Briefs in Opposition to Objections within 20 days after the objecting party files its supporting brief.

Within twenty (20) days after the objecting party has filed its Brief in Support of Objections, all responding parties shall file their Briefs in Opposition to Objections.

Civil cases

Page 58 | RULE L5000.8 — HEARING BY CONCILIATOR; REPORT; OBJECTIONS; TRANSCRIPT

Applicable responses to the discovery requests must be furnished to the requestor within 45 days after receipt.

Pursuant to Rule L5006(b) all applicable responses to these Discovery Requests must be furnished to the requestor within forty-five (45) days after the receipt of these Requests.

Civil cases

Page 64 | FORM L5000.3(b): Tax Assessment Appeal Discovery Requests

A party objecting to the Master’s Report must file Objections with the Mercer County Prothonotary within 30 days after receiving the Notice.

Any party objecting to the Master’s Report shall file Objections with the Mercer County Prothonotary within thirty (30) days of the receipt of this Notice.

Civil cases

Page 65 | FORM L5000.8(a): Master’s Report Notice

If the juvenile is ineligible for diversion or the juvenile or family fails to comply with the plan, MCJPD may file an Application for Private Petition and commence proceedings within fourteen days.

Should the juvenile be determined ineligible for a diversionary plan and/or the juvenile and/or juvenile’s family fail to comply with the diversionary plan established by MCJPD, then pursuant to Pa. R.J.P. 1320, MCJPD may file with the Clerk of Courts an Application for Private Petition to the Mercer County Children and Youth Services (MCCYS) and commence such proceedings, within a period of fourteen days, pursuant to Pa. R.J.P. 1321.

Page 1 | L3.01 Truancy cases

A required 75% transcript deposit after denial or partial grant of a waiver is due within three business days after the hearing.

If the waiver is not granted or a partial waiver is granted, then the requesting party shall pay a deposit equal to 75% of the estimated cost of the transcript within three (3) business days of said hearing.

Page 3 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4007 — Requests for Transcripts

When a fee waiver is requested, the District Court Administrator must schedule a hearing before the presiding judge within five business days after the motion is filed.

If a fee waiver is requested, the District Court Administrator shall schedule a hearing to be held within five (5) business days after the filing of said motion to be heard by the presiding judge.

Page 3 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4007 — Requests for Transcripts

Service and Proof of Service Rules

An attachment to compel a witness’s appearance will issue only under special circumstances and if the witness was served with a subpoena at least 24 hours before the hearing.

Attachment to compel the appearance of a witness will not be issued, except under special circumstances, and unless the witness shall have been served with a subpoena at least twenty-four (24) hours before the date for hearing.

Civil cases

Page 4 | RULE 1. JUDGES – LOCAL RULES

The party placing a case on the Argument List must send the praecipe to opposing counsel and the Court Administrator.

A copy of the praecipe ordering the case on the Argument List shall be sent to the opposing counsel and to the Court Administrator by the party placing the case on the Argument List, which praecipe shall include the name of the opposing counsel and whether the matter listed requires the taking of testimony.

Civil cases

Page 6 | LOCAL RULE 1.18 Argument Court

Notice and advertisement of a statement of proposed distribution must be given at the same time and in the same manner as notice and advertisement of the account.

Notice and advertisement of a statement of proposed distribution shall be given at the same time and in the same manner as the account as provided in Local Rules 2.5:1 and 2.5:2.

Civil cases

Page 7 | RULE 2. ACCOUNTS, OBJECTIONS AND DISTRUBTION — Local Rule 2.5:3

A party filing preliminary objections must serve a brief on adverse counsel.

party filing preliminary objections, to serve on adverse counsel a typewritten brief

Civil cases

Page 7 | RULE 1. PRELIMINARY RULES

Counsel must serve the reply brief on opposing counsel at least five days before Argument Court.

At least five (5) days before Argument Court, counsel shall serve a copy of the reply brief upon opposing counsel

Civil cases

Page 7 | RULE 1. PRELIMINARY RULES

The petitioner must give the notice at least 20 days before the confirmation date.

Said notice shall be given by the petitioner not less than twenty (20) days prior to the date set for confirmation.

Civil cases

Page 11 | Local Rule 5.2:1 Appraisal

When the appraisal is filed, the appraisers must give notice to the personal representative and next of kin, or to the Attorney General if neither exists.

Upon the filing of the appraisal with the Clerk, the appraisers shall also give notice thereof to the personal representative and to the next of kin; and, if there be neither personal representative nor next of kin, to the Attorney General.

Civil cases

Page 11 | Local Rule 5.2:1 Appraisal

Notice of the appraisal must be given to the personal representative and next of kin, or the Attorney General if neither exists, at least 20 days before confirmation; the Court directs the manner of notice if a next-of-kin address or whereabouts is unknown.

Upon the filing of the appraisal, notice thereof shall be given to the personal representative and to the next of kin, and if there be neither personal representative nor the next of kin, to the Attorney General. The notice shall contain a copy of the petition and appraisal, and a statement that confirmation of the appraisal will occur on a stated date and the setting apart of the real estate to the individual who will be requesting the family exception and may be allowed by the Court at a stated time, and unless exceptions are filed before the date of confirmation. Said notice shall be given not less than twenty (20) days prior to the date set for confirmation. If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court shall direct.

Civil cases

Page 12 | Local Rule 5.2:4 Appraisal. Notice. Practice and Procedure

Copies of an objection must be served on any fiduciary and on the individual requesting the family exemption or that person’s attorney within five days after filing.

Copies of the objection shall be served on the fiduciary, if any, and on the individual who will be requesting the family exemption or their attorney within five (5) days after filing.

Civil cases

Page 12 | Local Rule 5.2:4 Appraisal. Notice. Practice and Procedure

Written notice of the auditor or master’s first hearing must be served on all known heirs, devisees, unpaid legatees, and distributees or their attorneys 20 days before the hearing.

Twenty (20) days notice of the time and place of the first hearing before the auditor or master shall be served, in writing, on all known heirs, devisees, unpaid legatees, and distributes, or their attorneys, and to all others by advertisement in one newspaper of

Civil cases

Page 16 | Local Rule 9.1:1 Notice of Hearings

After preparing a report, the auditor or master must serve the parties or their attorneys with 20 days' written notice of the date fixed for filing, and allow the parties access to the report in the meantime.

After the report is prepared, the auditor or master shall serve on the parties, or their attorneys, twenty (20) days written notice of the day fixed for filing the same and in the meantime, such parties shall be allowed access thereto.

Civil cases

Page 17 | Local Rule 9.6:1 Notice of Filing Report. Preliminary Objections

Notice must be published in general circulation within the county and in the Mercer County Law Journal weekly for three consecutive weeks before the hearing, unless all interested parties agree to dispense with notice or the Court orders otherwise.

general circulation within the county and the Mercer County Law Journal once a week for three (3) consecutive weeks prior to the date of the hearing, unless notice be dispensed with by agreement of all interested parties, or by order of Court.

Civil cases

Page 17 | RULE 9. AUDITORS AND MASTERS

If the report is not filed at the time stated in the notice, it may be filed only after the parties or their attorneys receive five days' written notice.

If the report is not filed at the time fixed therefore in said notice, said report shall only be filed after five (5) days written notice is given to the parties, or their attorneys.

Civil cases

Page 17 | Local Rule 9.6:1 Notice of Filing Report. Preliminary Objections

Proof of service of the citation must be filed with the Clerk by the citation’s return date.

Proof of service of the citation shall be filed with the Clerk on or before the return date of the citation.

Civil cases

Page 19

Proof of service of notice must be presented at the hearing.

Proof of service of notice shall be presented at the hearing.

Civil cases

Page 19 | Local Rule 14.2:1 Incapacitated Person’s Estate. Proof of Service

When an ex parte order is made, the motion and order must be served promptly on the opponent and all other parties, who may promptly seek reconsideration.

In cases where an ex parte order is made, a copy of the motion and order shall be served promptly on the opponent and on all other parties, who may file a prompt application for reconsideration of the order.

Civil cases

Page 11 | Ex Parte Orders in Adversary Proceedings

Ex parte motions in adversary proceedings require prior notice to all parties and an opportunity to be heard, subject to the listed exceptions.

Ex Parte Motions to the court in an adversary proceeding will not be considered without prior notice of presentation to all parties with the opportunity to be heard, except in the following cases: (1) Motions for relief which are routinely granted as of course, on a presumption of assent, such as motions for appointment of legal counsel and guardians ad litem, and the like. (2) Motions affecting the issuance of service of initial papers upon another who is not yet subject to the jurisdiction of the court, such as applications for substituted service, extensions of time, and the like. (3) Motions for preliminary orders granting or scheduling a hearing thereon, or directing process or notice to bring the opponent before the court to answer. (4) Motions for stay orders in license suspension appeals. (5) Cases in which the adverse party has waived the opportunity to be heard or has consented to the requested action. (6) Cases in which there are special or compelling circumstances which the court finds justifies ex parte action.

Civil cases

Page 11 | Ex Parte Orders in Adversary Proceedings

After receiving the scheduling order, the moving party must notify all other counsel and self-represented parties of the hearing date and time.

After receipt of the scheduling order, the moving party shall notify all other counsel and self-represented parties of the date and time of the scheduled hearing.

Civil cases

Page 11 | Motions and Other Matters

After the court issues a scheduling order, the Prothonotary must serve it on all counsel of record and self-represented parties.

After the court issues a scheduling order, the Prothonotary shall serve a copy on all counsel of record and self-represented parties.

Civil cases

Page 11 | Motions and Other Matters

A motion or other matter must be served on opposing counsel or the opposing party.

All motions or other matters shall contain a scheduling order, a proposed order, and a certification that the motion has been served on opposing counsel or the opposing party.

Civil cases

Page 11 | Motions and Other Matters

The praecipe must be served promptly on all other counsel and self-represented parties.

The praecipe shall be served promptly on all other counsel and self-represented parties in the case.

Civil cases

Page 12 | Scheduling of Matters — Scheduling by Praecipe

The moving party must serve its brief on opposing counsel and unrepresented parties when filing an Argument Court scheduling praecipe.

(1) When a moving party files a scheduling praecipe for Argument Court, the moving party’s brief shall be filed with the Court Administrator at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief on opposing counsel and unrepresented parties.

Civil cases

Page 13 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

When a non-moving party files the scheduling praecipe, the moving party must provide its brief to all other parties.

(2) When a non-moving party files a scheduling praecipe, the moving party shall file with the Court Administrator and with all other parties a brief within fifteen (15) days after filing of the praecipe.

Civil cases

Page 14 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

All other parties shall file with the Court Administrator and all other parties a brief within ten (10) days of receipt of the moving party’s brief.

All other parties shall file with the Court Administrator and all other parties a brief within ten (10) days of receipt of the moving party’s brief.

Civil cases

Page 14 | RULE L208.3(b) — MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

The party must serve opposing counsel with the supplemental witness information or plan when it is filed with the court.

(g) If a party, in the exercise of reasonable diligence, first becomes aware of the necessity or the desirability of using a witness or a plan or plot subsequent to the pre-trial conference, that party shall forthwith file the name, address and classification of the witness or a copy of the plan or plot with the court and serve a copy upon opposing counsel.

Civil cases

Page 15

Counsel must serve a copy of the pre-trial statement on all other counsel at least five business days before the pre-trial conference.

(c) At least five (5) business days prior to the pre-trial conference, each counsel of record representing a party to the action shall present to the court, and serve a copy on all other counsel, a pre-trial statement conforming with the requirements of Pa.R.Civ.P 212.2 , and shall also include:

Civil cases

Page 15

Supplemental service less than 48 hours before trial opens does not comply with the rule.

Filing and service less than forty-eight hours before the opening of the trial shall not be deemed compliance with this subsection.

Civil cases

Page 15

If the court grants a rule, the petition and order must be served on the plaintiff or the plaintiff's attorney of record within five days after the order.

If a rule is granted by the court, a copy of the petition and order made thereto, shall be served upon the plaintiff or his attorney of record within five (5) days from the date of the order.

Civil cases

Page 19 | RULE L316.3 — STRIKING OR OPENING JUDGMENTS

A copy of the bill of costs must be served on opposing counsel.

A copy of the bill of costs shall be served on opposing counsel.

Civil cases

Page 19 | RULE L315 — BILLS OF COSTS

The plaintiff must serve a copy of the answer on the petitioner or the petitioner's attorney of record when the answer is filed.

and also to serve a copy of said answer upon petitioner or his attorney of record at the time of filing the same.

Civil cases

Page 20 | RULE L316.3 — STRIKING OR OPENING JUDGMENTS

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 presenting the account 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 interested parties. Such notice shall be given by mailing to the last known address of such parties, at least three weeks before the presentation of the account to the court,

Civil cases

Page 24 | RULE L323

An appointed surveyor must give both parties reasonable notice before surveying and must furnish a diagram describing the boundaries or conflicts.

who, upon reasonable notice to both parties, shall survey and ascertain such boundaries and conflicts and furnish a diagram thereof describing the same, and any other circumstances material to a proper investigation of the subject

Civil cases

Page 25 | RULE 325

(a) All cases affecting real estate wherein questions of boundary or of conflicting surveys may arise, the court, on application of any party, or a judge at chambers, on proof of ten days’ notice to all the other parties or their attorneys of such intended applications, may appoint a registered civil engineer or professional land surveyor

(a) All cases affecting real estate wherein questions of boundary or of conflicting surveys may arise, the court, on application of any party, or a judge at chambers, on proof of ten days’ notice to all the other parties or their attorneys of such intended applications, may appoint a registered civil engineer or professional land surveyor

Civil cases

Page 25 | RULE 325

An appointed auditor must give notice of the appointment.

The auditor shall give notice of appointment.

Civil cases

Page 26 | RULE L326

Notice of the claims-filing time must be sent by registered or certified mail to each known creditor listed in the petition and given to the transferors and transferees or their attorneys.

Notice of the time of filing claims shall be given to the transferors and transferees, or their attorneys, by registered or certified mail to each known creditor whose name and address is set forth in the petition.

Civil cases

Page 26 | RULE L326

The copy of the foreclosure complaint served on the defendants must have the Exhibit A URGENT NOTICE affixed to it.

Complaints in Mortgage Foreclosure presented for filing seeking foreclosure on a mortgage of a Mercer County owner-occupied residence shall be accompanied with an additional URGENT NOTICE, a copy of which is attached hereto as Exhibit “A”. Said URGENT NOTICE shall be affixed to the Complaint when presented for filing and shall also be affixed to the copy of the Complaint served upon the Defendant(s).

Civil cases

Page 31 | RESIDENTIAL MORTGAGE FORECLOSURE CONCILIATION PROGRAM, RULE L1147

The Prothonotary must serve the order on the defendants, attorneys of record, and Housing Opportunities, Inc. by First-Class Mail.

This Order is to be docketed by the Prothonotary of Mercer County and served upon the Defendant(s) at their address(es) as reflected on the Certificate of Participation, any attorney of record for any party at the address included on any pleading and/or appearance, and upon Housing Opportunities, Inc., at 2418 Wilmington Road, New Castle, PA 16105, all by First-Class Mail.

Civil cases

Page 32 | RESIDENTIAL MORTGAGE FORECLOSURE CONCILIATION PROGRAM, RULE L1147

If the Defendant(s) call Housing Opportunities, Inc., and if the Defendant(s) attend a meeting with a Housing Opportunities Counselor, and if the Housing Opportunities Counselor makes a determination that the Defendant(s) is/are eligible to participate in the Mercer County Mortgage Foreclosure Conciliation Program, the Housing Opportunities Counselor shall secure the signature(s) of the Defendant(s) on a “Certificate of Participation”; file the same with the Prothonotary of Mercer County; and serve a copy thereof in the Court Administration Office of Mercer County, all within thirty (30) days following service of the Complaint and URGENT NOTICE upon the Defendant(s).

If the Defendant(s) call Housing Opportunities, Inc., and if the Defendant(s) attend a meeting with a Housing Opportunities Counselor, and if the Housing Opportunities Counselor makes a determination that the Defendant(s) is/are eligible to participate in the Mercer County Mortgage Foreclosure Conciliation Program, the Housing Opportunities Counselor shall secure the signature(s) of the Defendant(s) on a “Certificate of Participation”; file the same with the Prothonotary of Mercer County; and serve a copy thereof in the Court Administration Office of Mercer County, all within thirty (30) days following service of the Complaint and URGENT NOTICE upon the Defendant(s).

Civil cases

Page 32 | RESIDENTIAL MORTGAGE FORECLOSURE CONCILIATION PROGRAM, RULE L1147

The responsible person must notify opposing counsel and the Prothonotary of the hearing date and place.

responsible for the setting of the date and place of hearing, for giving notice thereof to opposing counsel and to the Prothonotary, and for the filing of the board's report and award if any.

Civil cases

Page 39 | Arbitration

The Office of the Custody Conciliator must serve the scheduling order by first-class mail on counsel for a represented party, or on an unrepresented party at the party’s last known address.

(e) If a party is represented, the Office of the Custody Conciliator shall serve the order scheduling the Conciliator conference on the party’s counsel by first class mail. If a party is unrepresented, the Office of the Custody Conciliator shall serve the order upon the party by first class mail at the party’s last known address.

Civil cases

Page 40 | Rule L1915.3—Commencement of Action. Complaint. Order.

The Conciliator’s report and interim order must be served on counsel for a represented party or directly on a self-represented party.

(f) A copy of the Conciliator’s report and the interim order shall be served on counsel if a party is represented, or on a party directly if pro se, and on the

Civil cases

Page 42 | RULE L1915.4-3

For divorce cases inactive for at least two years, the Prothonotary must send a Notice of Proposed Termination to counsel of record or, if a party is unrepresented, to the party.

Pursuant to Pa.R.C.P. Rule 230.2(b)(1), the Prothonotary shall then send Notices of Proposed Termination to counsel of record, or to the parties if not represented, for those divorce cases having no activity for two years or more.

Civil cases

Page 46 | RULE 1920.60 — TERMINATION OF INACTIVE DIVORCE CASES

If a Notice of Proposed Termination cannot be mailed or is returned undelivered, the Prothonotary must publish the affected case list once in the Mercer County Law Journal, with the notice and required response statement.

Pursuant to Rule of Judicial Administration Rule 1901(c)(2), the Prothonotary shall advertise one time in the Mercer County Law Journal the list of all those divorce cases where the Notice of Proposed Termination could not be given by mail or had been returned undelivered. In addition to the list of cases, said advertisement shall include a Notice of Proposed Termination and the statement: “You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

Civil cases

Page 46 | RULE 1920.60 — TERMINATION OF INACTIVE DIVORCE CASES

The party filing exceptions must serve a true copy on the listed recipients on the filing date, by prepaid first-class mail or hand delivery.

The party filing the exceptions shall serve a copy thereof on the date of filing on every other party, the appointing judge, the master, the court administrator and the court reporter by first class mail, postage prepaid, or by handing them a true and correct copy

Civil cases

Page 46 | RULE L1920.55-2 — MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE.

Before releasing support-arrearage information, the Domestic Relations Section must mail the obligor the prescribed notice.

(a) The Domestic Relations Section shall, before releasing information as to arrearage for support owing by any obligor, notify the obligor by regular mail by sending the following notice:

Civil cases

Page 48 | RULE L1930.9 — INFORMATION TO CONSUMER CREDIT BUREAUS

If the officers are not the trustees ad litem and have not given written consent attached to the initial pleading, plaintiffs must serve them notice within ten days and file proof, or 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 the Pennsylvania Rules of Civil Procedure of the bringing of the action upon said officers within ten (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 49 | UNINCORPORATED ASSOCIATIONS AS PARTIES — RULE L2152

Notice must be served on the guardian by one of the specified methods, or by court-directed publication if those methods cannot be used.

Except as otherwise directed by the court, notice shall be given by personal service on such guardian, or by leaving a copy of the notice at his/her residence or place of business, or by mailing a notice by registered or certified mail. If service, as above cannot be made, then notice shall be given by such publication as the court may direct.

Civil cases

Page 49 | INCAPACITATED PERSONS AS PARTIES — RULE L2056

For service by publication under paragraph (c) of R.C.P. 3110, the notice must be published once in a newspaper of general circulation in Mercer County and once in the Mercer County Law Journal, and proof of publication must be filed.

When the plaintiff seeks to serve a party by publication as provided in paragraph (c) of R.C.P. 3110, it shall be sufficient service to publish said notice once in a newspaper of general circulation in Mercer County and once in the Mercer County Law Journal. Proofs of publication shall be filed.

Civil cases

Page 50 | ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY — RULE L3110

Notice must be given personally or by registered or certified mail to each person entitled to damages, unless the plaintiff files an affidavit after diligent search that the person’s identity or whereabouts is unknown, in which case the notice must be advertised in the specified newspaper and law journal.

The 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 once in a newspaper of general circulation published in Mercer County and in the Mercer County Law Journal.

Civil cases

Page 50 | ACTIONS FOR WRONGFUL DEATH — RULE L2205

When serving a garnishee by publication under R.C.P. 3112(c), publish the notice once in each specified publication and file proof of publication.

Whenever a party seeks to serve a garnishee by publication as provided in paragraph (c) of R.C.P. 3112, it shall be sufficient service to publish said notice once in a newspaper of general circulation in Mercer County and once in the Mercer County Law Journal. Proofs of publication shall be filed.

Civil cases

Page 51 | RULE L3112

After an appraisal or designation and before sale, the sheriff must mail notice by first-class U.S. mail to all interested parties.

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 forty-eight (48) hours thereof.

Civil cases

Page 51 | RULE L3123

The sheriff must mail one copy of the handbill to the defendant by certified U.S. mail.

One copy of the handbill shall be mailed by certified United States mail to the defendant by the sheriff.

Civil cases

Page 51 | RULE L3128

After a mental or physical examination under R.C.P. 4010, counsel must be prepared to deliver and exchange medical reports within five days after receiving any written or oral report.

When a mental or physical examination has been made pursuant to R.C.P. 4010, counsel shall be prepared to deliver and exchange medical reports, as provided therein, not more than five (5) days after any report, written or oral, has been received.

Civil cases

Page 52 | DEPOSITIONS AND DISCOVERY — RULE L4010

The Appellant must serve the petition by regular mail on the Board, municipality, school district, and any property owner who is not the Appellant.

(e) The Appellant shall serve copies of the Petition for Real Estate Tax Assessment Appeal by regular mail upon the Mercer County Board of Assessment Appeals c/o the Mercer County Assessment Office, the governing body of the municipality in which the property is located, the board of school directors of the school district in which the property is located and the property owner if the property owner is not the Appellant.

Civil cases

Page 53 | Rule L5000.1(e)

Within five days after filing the Notice of Intervention, the intervenor must file proof of regular-mail service with the Prothonotary.

(e) Within five (5) days of filing the Notice of Intervention, an intervenor shall file a proof of service with the Prothonotary reflecting that service was made by regular mail.

Civil cases

Page 54 | Rule L5000.2(e)

Filing Fees and Waivers

An auditor's or master's report cannot be confirmed or otherwise approved until the Court orders approval of the expenses and fees to be reimbursed or awarded to the auditor or master.

No auditor’s or master’s reports shall be confirmed or otherwise approved until such time as the Court shall have entered an order approving the amount of expenses to be reimbursed until and the amount of fees to be awarded until the auditor or master.

Civil cases

Page 17 | Local Rule 9.7:3 Approval of Expenses and Fees prior to Confirmation

The Clerk cannot confirm a master's or auditor's report until all expenses and fees are paid to the Clerk; upon confirmation, the Clerk pays the expenses and remaining fee to the auditor or master after deducting 10% for the Mercer County Bar Association treasurer.

No master’s or auditor’s repo0rt shall be confirmed by the Clerk until all expenses and auditor’s or master’s fees have been paid to the Clerk Upon confirmation, the Clerk shall pay all expenses and the balance of the auditor’s or master’s fee to the auditor or master, after deducting ten percent (10%) of the auditor’s or master’s fee to be paid to the treasurer of the Mercer County Bar Association.

Civil cases

Page 18 | Local Rule 9.8:1 Absolute Confirmation. Auditor’s and Master’s Expenses and Fees

Persons found guilty of, pleading guilty to, or accepted into A.R.D. in a driving-under-the-influence case must pay a $150 administration fee through the Office of the Clerk of Courts, in addition to other costs.

All persons who are found guilty of driving while under the influence, plead guilty to driving while under the influence or are accepted into A.R.D. must pay through the Office of the Clerk of Courts, in addition to all other costs, $150.00 for administration of such cases.

Criminal cases

Page 3 | RULE L310

Each party must pay the court-ordered fee for a Conciliator hearing in a partial physical custody action, but the fee is waived for a party determined indigent.

(f) A fee in an amount to be determined by court order shall be assessed against each party for a Conciliator hearing in an action involving partial physical custody. The fee shall be waived for any party determined to be indigent.

Civil cases

Page 41 | RULE L1915.4-1

A party seeking appointment of a master must file the motion with the Prothonotary and pay the court-ordered appointment fee, unless granted leave to proceed in forma pauperis or the court permits otherwise.

All actions or claims described in Section (a) hereof will not be referred to a master until one of the parties files a motion for the appointment of a master to hear the action(s) and/or claims(s) at issue and pays an amount to be determined by court order, in addition to all other costs provided by law, for the appointment of a master. The motion shall be filed with the Prothonotary together with the proper fee. Unless the moving party is granted leave to proceed in forma pauperis, no master will be appointed until the proper fee for the appointment of the master is paid, or the court permits otherwise.

Civil cases

Page 43 | RULE L1920.51

If a requested waiver is denied or only partially granted, the requester must pay a deposit of 75% of the estimated transcript cost within three business days after the hearing.

If the waiver is not granted or a partial waiver is granted, then the requesting party shall pay a deposit equal to 75% of the estimated cost of the transcript within three (3) business days of said hearing.

Page 3 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4007 — Requests for Transcripts

Unless a waiver is requested, a transcript requester must pay a deposit equal to 75% of the estimated cost by check payable to the court reporter.

A party requesting a transcript, unless a waiver is requested, shall pay a deposit in the amount of 75% of the requested estimated cost of the transcript. The check shall be made payable to the court reporter.

Page 3 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4007 — Requests for Transcripts

The Court may assess the auditor's or master's expenses and fees against any party in interest as it sees fit.

The Court may assess said expenses and fees upon any party in interest, as it deems fit.

Civil cases

Page 18 | Local Rule 9.7:3 Approval of Expenses and Fees prior to Confirmation

If the master believes the case will require more than four hours, the master may recommend an additional deposit before the hearing or assessment of costs; the master’s fee is taxed as costs and paid as directed in the final decree.

In the event the master believes the amount of time (s)he must devote to the case will exceed four (4) hours said time, or does exceed four (4) hours, (s)he may recommend to the court that additional monies be deposited by a party prior to the hearing or assessed against a party as costs. The master's fee shall be taxed as part of the costs and paid as directed in the final decree.

Civil cases

Page 44 | RULE L1920.53

The Court Reporter fee for Master’s Hearings will be one hundred ($100) dollars per party. If there are no continuances of the Master’s Hearing, the parties may request and will receive a refund of fifty ($50) per party once the Hearing has been completed.

The Court Reporter fee for Master’s Hearings will be one hundred ($100) dollars per party. If there are no continuances of the Master’s Hearing, the parties may request and will receive a refund of fifty ($50) per party once the Hearing has been completed.

Civil cases

Page 44 | RULE L1920.52

The Domestic Relations Section will impose a fee on a consumer credit bureau or organization that requests information.

(b) A fee will be imposed by the Domestic Relations Section upon the Consumer Credit Bureau of organization requesting information.

Civil cases

Page 48 | RULE L1930.9 — INFORMATION TO CONSUMER CREDIT BUREAUS

The final transcript payment is due when the transcript is picked up or delivered.

The final payment is due at the time that the transcript is picked up and/or delivered.

Page 3 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4007 — Requests for Transcripts

The County must pay the court reporter $2.00 per page for all court orders.

The County shall pay a Court Reporter $2.00 per page for all court orders.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

A requesting party must pay $1.00 per page for an uncertified rough transcript draft, and this fee cannot be waived.

A requesting party shall pay a fee of $1.00 per page for a rough draft of a transcript with no certification. There will be no waiver of this fee.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

Unless waived, ordinary electronic transcripts cost $2.50 per page for requesters and the Commonwealth.

Unless waived, the party requesting an ordinary transcript shall pay $2.50 per page for ordinary transcripts in electronic format and pay $2.75 per page for paperbound transcripts. Commonwealth shall likewise pay $2.50 per page for ordinary transcripts in electronic format and pay $2.75 per page for paperbound transcripts.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

Unless waived, daily electronic transcripts cost $4.50 per page for requesters and the Commonwealth.

Unless waived, the party requesting a daily transcript shall pay $4.50 per page for daily transcripts in electronic format and pay $4.75 per page for daily transcripts in paperbound format. The Commonwealth shall likewise pay $4.50 per page and $4.75 per page, respectively, for daily.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

If the presiding judge orders it and the transcript involves a mass tort, medical malpractice, or unusually complex litigation, the court reporter may add a $0.50-per-page surcharge.

Upon order of the presiding judge, in the event a transcript involves a mass tort, medical malpractice, or unusually complex litigation, a Court Reporter may add a surcharge of $0.50 per page to the above schedule of fees.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

Unless waived, expedited electronic transcripts cost $3.50 per page for requesters and the Commonwealth.

Unless waived, the party requesting an expedited transcript shall pay $3.50 per page for expedited transcripts in electronic format and pay $3.75 per page for expedited paperbound transcripts. The Commonwealth shall likewise pay $3.50 per page and $3.75 per page, respectively, for expedited transcripts.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

Unless waived, same-day electronic transcripts cost $6.50 per page for requesters and the Commonwealth.

Unless waived, the party requesting same day delivery of a transcript shall pay $6.50 per page for same day delivery in electronic format and $6.75 per page for same day delivery in paperbound format. The Commonwealth shall likewise pay $6.50 per page and $6.75 per page, respectively, for same day delivery of a daily transcript.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

Unless waived, paperbound copies of transcripts cost $0.75 per page for requesters and the Commonwealth.

Unless waived, the party requesting a copy of a transcript shall pay $0.75 per page in paperbound format and $0.50 per page in electronic format. The Commonwealth shall likewise pay $0.75 per page and $0.50 per page, respectively, for a copy of a transcript.

Page 4 | MERCER COUNTY LOCAL RULE OF JUDICIAL ADMINISTRATION 4008(A) — Fees

No fee is assessed for a Conciliator conference.

(c) No fee shall be assessed for a Conciliator conference.

Civil cases

Page 40 | Rule L1915.3—Commencement of Action. Complaint. Order.

Courtesy Copy Requirements

Copies of both briefs must be delivered to the Court Administrator at least five days before Argument Court.

copies of both briefs shall be delivered to the Court Administrator at least five (5) days before Argument Court.

Civil cases

Page 7 | RULE 1. PRELIMINARY RULES

Sealing & Redaction Procedures

A Confidential Document Form must accompany covered confidential exhibits so they can be properly sealed.

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.

Page 5 | RULE 5103. Custody of Exhibits. Special Provisions

Pre-Motion Conference Requirements

A case may not be praeciped for argument until all parties have responded or 30 days have passed since the motion was filed, whichever occurs first.

provided however, no case shall be praeciped for argument until all parties have filed a response or thirty (30) days after filing the motion, whichever occurs first.

Civil cases

Page 31

A motion for a judge hearing in a partial custody action will be granted only for complex questions or certified serious allegations affecting the child’s welfare.

(c) A motion for a hearing in front of a judge, in an action involving partial custody only, will not be granted unless: 1. There are complex questions of law, fact or both; or, 2. The parties certify to the court that there are serious allegations affecting the child’s welfare.

Civil cases

Page 41 | RULE L1915.4-1

The Conciliator determines whether the criteria for a judge hearing are met, subject to the appointing judge’s final discretion if a party objects.

(d) The Conciliator shall determine whether a partial custody action qualifies for a hearing in front of a judge pursuant (c)(1) or (c)(2) above. In the event a party objects to the Conciliator’s determination, the appointing judge shall have final discretion.

Civil cases

Page 41 | RULE L1915.4-1

If the parties do not reach an agreement at the Conciliator conference, the Court Administrator must schedule a Pre-Trial Conference before the appointing judge.

(d) In the event the parties do not reach an agreement at the Conciliator conference, the Court Administrator shall schedule a Pre-Trial Conference in front of the appointing judge.

Civil cases

Page 42 | RULE L1915.4-3

A Conciliator conference must be held in primary and partial physical custody actions unless a party in a partial custody action filed a motion for a judge hearing before the conference.

(a) A conference before a Conciliator shall be held in all actions for primary physical custody and partial physical custody unless a party in an action for partial physical custody has filed a motion pursuant to Pa.R.C.P. No. 1915.4-1(b) for a hearing in front of a judge prior to the Conciliator’s conference.

Civil cases

Page 42 | RULE L1915.4-3

In partial custody actions, a party may promptly move for a judge hearing after the parties’ initial contact with the court.

(b) Pursuant to Pa.R.C.P. No. 1915.4-1(b), with respect to partial custody actions only, a party may, after the parties’ initial contact with the court as set forth in Pa.R.C.P. No. 1915.4(a), promptly file a motion with the Prothonotary for a hearing in front of a judge, rather than a hearing in front of the Conciliator.

Civil cases

Page 41 | RULE L1915.4-1

If the parties do not agree and neither previously moved for a judge hearing, they are deemed to consent to a Conciliator hearing.

(a) If the parties to a partial custody action do not reach an agreement at the Conciliator conference, and neither party had moved for a hearing in front of a judge prior to the Conciliator conference, the parties will be deemed to have consented to a hearing before the Conciliator.

Civil cases

Page 42 | RULE L1915.4-2

Adjournment & Extension Requirements

A petitioner seeking an extension must give 20 days’ written notice of the intention to request it on a stated day.

The petitioner shall file the petition with the Clerk and thereafter given twenty (20) days written notice of intention to request the extension at a stated day to

Civil cases

Page 12 | Local Rule 5.4:2 Extension of Time. Practice and Procedure

A continuance of arraignment from the date set by the Magisterial District Judge requires approval from the President Judge, or the most senior judge available if the President Judge is unavailable.

(f ) All continuances of arraignment from the date set by the Magisterial District Judge must be approved by the President Judge or most senior judge available should the President Judge not be available.

Criminal cases

Page 8 | RULE L571 — ARRAIGNMENTS

Deadlines for discovery, filing summary judgment motions, and placing a matter on the trial list may be modified only by court order.

All times for discovery, filing summary judgment motions or placing the matter on the trial list may only be modified by court order.

Civil cases

Page 22

A continuance from the trial list may not be based on needing to take or complete trial depositions or on the case not otherwise being ready, absent good cause or a timely written objection to readiness certification.

No continuances from the trial list will be granted hereafter by reason of the need to take or complete depositions for use at trial or on the basis that the case is not otherwise ready for trial absent good cause shown, unless a timely, written objection to the certification of readiness for trial is filed.

Civil cases

Page 27 | Rule L329, Pre-Trial Order

If no written objection to trial-readiness certification is filed, a continuance from the trial list is allowed only for compelling circumstances unknown to counsel when the order was entered.

If no written objections to the certification are filed, continuances from the trial list will not be granted except for compelling circumstances not known to counsel for the parties at the time the order is entered.

Civil cases

Page 27 | Rule L329, Pre-Trial Order

A request to continue a Master’s Hearing must be made in writing to the Master; if opposing counsel does not consent or the Master does not grant it, a motion to continue may be filed with the President Judge.

All requests for continuances of a Master’s Hearing (not conference) must be made in writing to the Master. ) If opposing counsel does not consent and/or the Master does not grant the request, a Motion to Continue may be filed with the President Judge.

Civil cases

Page 44 | RULE L1920.52

The board chairperson may continue a scheduled arbitration hearing once; further continuances require leave of Court.

(e) Once an arbitration hearing is scheduled it may be continued once by the chairperson of the board. There may be no further continuances without leave of Court.

Civil cases

Page 39 | Arbitration

A continuance preserves the refund if requested more than 10 days before the hearing, or if the President Judge approves a continuance within 10 days because of a required Common Pleas Court appearance or another extenuating circumstance.

The Hearing may be continued without a loss of the refund if the continuance is requested more than ten (10) days prior to the Hearing date; or if the President Judge has approved a continuance necessitated by a required appearance in the Common Pleas Court or other extenuating circumstance within ten (10) days of the hearing.

Civil cases

Page 44 | RULE L1920.52

Chambers Communication Rules

Counsel and self-represented parties may participate in status conferences by telephone if they contact the Court in advance.

Counsel and self-represented parties shall be permitted to participate in status conferences via telephone, so long as counsel and self-represented parties contact the Court in advance of the conference regarding the same.

Civil cases

Page 21

Common questions about Court of Common Pleas of Mercer County, Pennsylvania rules

Are courtesy copies required in Court of Common Pleas of Mercer County, Pennsylvania?

Courtesy-copy rule applies for briefs. Details: delivery at least 5 days before argument court. Copies of both briefs must be delivered to the Court Administrator at least five days before Argument Court.

View ruleSource: page 7, section RULE 1. PRELIMINARY RULES

Does Court of Common Pleas of Mercer County, Pennsylvania require a pre-motion conference or letter before filing a motion?

A case may not be praeciped for argument until all parties have responded or 30 days have passed since the motion was filed, whichever occurs first.

View ruleSource: page 31

What page or word limits apply to case summary in Court of Common Pleas of Mercer County, Pennsylvania?

Court of Common Pleas of Mercer County, Pennsylvania's rule states these limits: 3 pages. Case summaries are limited to three pages and must be double-spaced.

View ruleSource: page 21

What formatting rules apply to filings in Court of Common Pleas of Mercer County, Pennsylvania?

Court of Common Pleas of Mercer County, Pennsylvania's formatting rule includes letter paper, typewritten, and double-spaced, except for quotations. A brief served by a party filing preliminary objections must be typewritten on 8½-by-11-inch paper and double-spaced, except for quotations.

View ruleSource: page 7, section RULE 1. PRELIMINARY RULES

What must be included with acknowledgment of satisfaction filings in Court of Common Pleas of Mercer County, Pennsylvania?

An acknowledgment of satisfaction must be in writing and filed with the Clerk unless the Court requires another manner of acknowledgment.

View ruleSource: page 4, section RULE 1. JUDGES – LOCAL RULES

What must be included with written objection filings in Court of Common Pleas of Mercer County, Pennsylvania?

A written objection must state good cause.

View ruleSource: page 6, section LOCAL RULE 1.17 Termination of Inactive Cases

How may parties contact Court of Common Pleas of Mercer County, Pennsylvania?

Counsel and self-represented parties may participate in status conferences by telephone if they contact the Court in advance.

View ruleSource: page 21

How does Court of Common Pleas of Mercer County, Pennsylvania handle sealed or redacted filings?

A Confidential Document Form must accompany covered confidential exhibits so they can be properly sealed.

View ruleSource: page 5, section RULE 5103. Custody of Exhibits. Special Provisions

How do I request an adjournment or extension in Court of Common Pleas of Mercer County, Pennsylvania?

A petitioner seeking an extension must give 20 days’ written notice of the intention to request it on a stated day.

View ruleSource: page 12, section Local Rule 5.4:2 Extension of Time. Practice and Procedure

Are filing fees or waivers addressed in Court of Common Pleas of Mercer County, Pennsylvania?

An auditor's or master's report cannot be confirmed or otherwise approved until the Court orders approval of the expenses and fees to be reimbursed or awarded to the auditor or master.

View ruleSource: page 17, section Local Rule 9.7:3 Approval of Expenses and Fees prior to Confirmation

What filing deadlines does Court of Common Pleas of Mercer County, Pennsylvania set?

A written objection stating good cause must be filed within 30 days to avoid termination of the matter if no other action is taken.

View ruleSource: page 6, section LOCAL RULE 1.17 Termination of Inactive Cases

What service or proof of service rules apply in Court of Common Pleas of Mercer County, Pennsylvania?

The petitioner must give the notice at least 20 days before the confirmation date.

View ruleSource: page 11, section Local Rule 5.2:1 Appraisal
Complete rules summary for Court of Common Pleas of Mercer County, Pennsylvania

An acknowledgment of satisfaction must be in writing and filed with the Clerk unless the Court requires another manner of acknowledgment.

The petitioner must give the notice at least 20 days before the confirmation date.

The party placing a case on the Argument List must send the praecipe to opposing counsel and the Court Administrator.

An attachment to compel a witness’s appearance will issue only under special circumstances and if the witness was served with a subpoena at least 24 hours before the hearing.

A written objection stating good cause must be filed within 30 days to avoid termination of the matter if no other action is taken.

A written objection must state good cause.

When publication is required, it must be printed twice in the Mercer County Law Journal.

Argument Court is held on the first Monday of each month unless the Court specially orders otherwise in a particular case.

A case must be placed on the Argument List by praecipe to the Clerk at least 30 days before argument.

A praecipe to the Clerk is required to place a case on the Argument List.

The praecipe must identify opposing counsel and state whether the matter requires testimony.

The specified counsel or parties must submit briefs at least 15 days before Argument Court.

A brief served by a party filing preliminary objections must be typewritten on 8½-by-11-inch paper and double-spaced, except for quotations.

A party filing preliminary objections must serve a brief on adverse counsel.

A preliminary-objections brief must contain a concise statement of the relevant facts, questions involved, argument, and authorities relied upon.

Adverse counsel may limit a brief to argument and authorities, but may add counter-statements of facts and questions; omitted matters are treated as accepted or unchallenged.

Counsel must serve the reply brief on opposing counsel at least five days before Argument Court.

Copies of both briefs must be delivered to the Court Administrator at least five days before Argument Court.

If a party does not file a brief in accordance with the Local Rules, the Court will dispose of the argument without a brief.

The notice to interested parties must state the account-confirmation date and that the account will be confirmed unless objections are filed before then.

Accounts required by law to be filed with the Clerk must be advertised as prescribed by law, and the advertisement must state the consequences of failing to object before confirmation.

Notice and advertisement of a statement of proposed distribution must be given at the same time and in the same manner as notice and advertisement of the account.

Fiduciary accounts must be presented for confirmation at the date and time stated in the Annual Court Calendar, unless the Court directs otherwise.

An account or accompanying statement of proposed distribution is finally approved only by the Clerk’s written affirmation or court order; final approval of a statement must expressly identify it as a final confirmation of both documents.

A statement of proposed distribution must identify each recipient, the exact amount awarded, and whether the distribution is in cash or in kind.

A schedule of distribution must state each award of real property in a separate paragraph.

Real property must be described as in the last deed of record or another proper manner and must include information pertinent to the derivation of title.

An affidavit or verification must identify all beneficiaries and their addresses, state whether they are sui juris, and identify fiduciaries for beneficiaries who are not.

The accountant’s attorney must provide a statement that the schedule of distribution is correct and in accordance with law.

A proposed decree of distribution must be provided.

More Judges in Court of Common Pleas of Mercer County, Pennsylvania

D. Neil McEwen
Judge
Ronald D. Amrhein
Judge
Tedd C. Nesbit
Judge