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

CRITICALCivil cases

Applies to

Motion for appointment of divorce hearing officer

The moving party must comply with Pa.R.Civ.P. 1920.33 concerning the inventory and pretrial statement before filing the motion.

The moving party has complied with the requirements of Pa.R.Civ.P. 1920.33 (pertaining to inventory and pretrial statement);

CRITICAL

Applies to

Mediation report

If mediation achieves a settlement, the mediator must file a report stating that settlement was achieved; the referral order may specify the report’s form.

In the event that a settlement is achieved at the mediation session, the mediator shall file a report with the assigned Judge stating that a settlement has been achieved. The order of referral may direct the mediator to file the report in a specific form.

CRITICALCriminal cases

Applies to

Confidential information form

Counsel and unrepresented parties must include confidential information relevant to the case on t h e a p p r o v e d A O P C Confidential Information Form.

Counsel and unrepresented parties must include confidential information relevant to the case on t h e a p p r o v e d A O P C Confidential Information Form.

CRITICAL

Payments to either birth parent or the intermediary are prohibited unless disclosed to the Court or its investigator and specifically approved by the Court before payment.

No payments of any type may be made to either of the birth parents or the intermediary, unless they are disclosed to the Court or the Court investigator, and specifically approved by the Court prior to payment.

CRITICAL

Applies to

Legal paper

Counsel and self-represented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Prothonotary whether filed electronically or in a paper format.

Counsel and self-represented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Prothonotary whether filed electronically or in a paper format.

CRITICAL

Applies to

Pretrial memorandum

Pretrial memoranda must include the specified client, attorney, settlement, insurance, witness, exhibit, damages, voir dire, and trial-length information, and counsel must certify that exhibits were furnished to opposing counsel.

The parties’ pretrial memoranda shall include the following: 1. Name of client, name and telephone number of the attorney who will try the case; 2. In jury cases, the demand and offer of settlement which shall be binding upon the parties for purposes of Pa.R.C.P. 238; 3. The name and coverage limits of any insurance carrier; 4. The names and addresses of all witnesses to be called at trial with a description of their purpose, e.g. liability, damages, etc.; 5. A list of exhibits to be introduced at trial. Counsel shall certify in the pretrial memorandum that all exhibits were furnished to opposing counsel. 6. A list of all special damages claimed by any party; 7. A list of voir dire questions; 8. The estimated length of trial time necessary for counsel to present a party’s evidence.

CRITICAL

Applies to

Joint motion to cancel arbitration

When parties settle a case scheduled for arbitration, they must file a Joint Motion to Cancel the Arbitration and email Court Administration at the same time.

If the parties to a case scheduled for arbitration reach a settlement, they must file a Joint Motion to Cancel the Arbitration and notify Court Administration simultaneously with the filing of the Joint Motion by email to Arbitrations@monroepacourts.us.

CRITICAL

Applies to

Contingent fee agreement

When a settlement requires court approval, a copy of the contingent fee agreement must be brought to the pretrial conference.

In any case requiring court approval of a settlement, a copy of the contingent fee agreement shall be brought to the pretrial conference with the Court.

CRITICAL

Applies to

Request to be excused

Must include

proposed order

A request to be excused must state the considerations supporting it, indicate whether other parties join or object, and include a proposed order for the Judge’s signature.

The written request shall set forth all considerations that support the request and shall indicate whether the other party or parties join in or object to the request. A proposed order prepared for the signature of the Judge shall be submitted to the mediator with the request.

CRITICAL

Applies to

Preliminary objections

Preliminary objections must be filed with the Prothonotary.

Preliminary objections shall be filed with the Prothonotary.

CRITICALCriminal cases

Applies to

Evaluation recommendation copy

When an evaluation is required, a copy of its recommendation must be provided to the probation officer within 10 days of completion.

I understand that if I am required to obtain an evaluation, I must contact an approved provider within 5 days to schedule my initial appointment. I must provide a copy of the recommendation to my probation officer within 10 days of completion.

CRITICALCivil cases

Applies to

Divorce settlement agreement

To waive the settlement appearance, the parties must file an executed divorce settlement agreement and affidavits of consent with the Prothonotary and deliver them to the hearing officer.

Said appearance is waived if by the close of business on the day before the scheduled hearing the parties file with the Prothonotary and deliver to the hearing officer an executed divorce settlement agreement and affidavits of consent.

CRITICAL

Applies to

Additional hearing request form

The additional-hearing form must state that all participants concur and provide a hearing date mutually agreed upon by counsel, the parties, and the arbitrators.

The Chairperson must indicate on the form that all participants concur with the request for additional time and shall set forth a hearing date mutually agreed upon by counsel, the parties, and the arbitrators.

CRITICAL

Applies to

Praecipe for arbitration

A party seeking to have a case listed for arbitration must file a Praecipe for Arbitration using the attached form.

A case shall be listed for arbitration when a party files a Praecipe for Arbitration on the form attached to this rule.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

The filing must include a certificate of service.

The completed motion, concurrence/non-concurrence form and proposed order shall be filed in the office of the Prothonotary and copies served on the hearing officer, the office of Court Administration and all parties, with a certificate of service.

CRITICAL

Applies to

Notice of exhibit attachment

A Notice of Exhibit Attachment must be filed on the portal and identify the exhibit specifically and explain why it was not filed electronically.

A Notice of Exhibit Attachment shall be filed on the Court Pro E-Filing Portal referencing such an exhibit with specificity and stating the reason why the exhibit was not filed electronically.

CRITICAL

Applies to

Notice of death

Upon the incapacitated person's death, the guardian must file a notice of death and comply with Pa.O.C. Rule 14.8(a)(4).

Upon the death of the incapacitated person, the guardian shall file a notice of death within sixty (60) days of the date of death, and otherwise comply with the requirements of Pa.O.C. Rule 14.8(a)(4).

CRITICAL

Applies to

Mediation form

Before mediation begins, all parties and their attorneys must sign the Court’s form agreeing to the mediation terms and waiving the specified professional-liability claims.

Prior to the beginning of the mediation, all parties and their attorneys shall be required to sign a form developed by the Court in which the parties agree: (i) to the terms of the mediation; and (ii) to waive any professional liability claims that they might assert against the mediator, the assigned Judge, the Court of Common Pleas of the 43rd Judicial District, or Monroe County, as a result of their participation in the mediation process.

CRITICAL

Applies to

Motion for leave to file exhibit

A proponent seeking to file an exhibit that cannot be e-filed must promptly file a motion for leave.

The proponent of the exhibit shall promptly file a motion for leave to file the exhibit with the Court.

CRITICALCivil cases

Applies to

Custody action or pleading

Custody matters involving the same child or children must be filed as one action using the DR and CV docket numbers assigned to the previously filed custody action.

There shall be one custody action, filed to the same DR and CV docket numbers, for all custody matters involving the same child or children. Any custody action or pleading filed by a litigant with respect to a particular child or children shall be filed to the DR and CV docket numbers assigned to any previously filed custody action concerning that particular child or children.

CRITICAL

Applies to

Application

Parties filing an application under Section 3206 must use forms substantially conforming to Pa. O.C. Rule 16.10 and any forms provided on the AOPC website; the Clerk must direct parties to the website forms when necessary.

Parties filing an application with the Court pursuant to 18 Pa. C.S.A. §3206 shall use forms prepared and filed in substantial conformity with the requirements of Pa. O.C. Rule 16.10 and as may be provided on the AOPC website. The Clerk of Courts shall, when necessary, direct parties to use the forms available on the AOPC website.

CRITICAL

Applies to

Exhibit reproduction request

A party or member of the public requesting exhibit reproduction must file a written motion with the appropriate filing office.

Requests for Reproduction of Exhibits. Reproduction of any exhibits governed by these rules may be requested by a party or member of the public by written motion filed with the Prothonotary in civil matters and the Clerk of Court in criminal matters.

CRITICAL

Applies to

List of interested parties requiring notice

The guardian's List of Interested Parties Requiring Notice must use Form G-14.8(a)(6) and include the names and addresses of the interested parties entitled to copies.

In addition to the requirements of the Pa. O.C. Rules for Guardianship Reporting, the guardian shall, within ten (10) days of the appointment as guardian, file a “List of Interested Parties Requiring Notice,” using Form G-14.8(a)(6) provided in the Appendix to these rules, which shall include the names and addresses of all interested parties entitled to copies of the inventory, the annual reports of the guardian, and court orders.

CRITICALCivil cases

Applies to

Proposed order

The motion must include a proposed order selecting a specific rescheduled hearing date from the Court Administrator’s prospective dates approved by all responding parties and counsel.

The moving party or counsel shall complete a proposed order rescheduling the hearing officer’s hearing by filling in a specific date for the rescheduled hearing from the list of prospective dates provided by the Court Administrator and approved by all responding parties and counsel, and shall attach the proposed order to the motion.

CRITICAL

Applies to

Brief

Briefs must include facts, questions presented, and argument, with the specified procedural history, organization, citation, and transcript references.

(2) Content. The brief shall include a statement of the facts, a statement of the question involved, and the argument. (i) The statement of the facts shall, depending upon the nature of the case, consist of an abstract of the testimony or of the pleadings or both, and shall include a procedural history of the case showing how the issue is made up and how the case arises before the Court. (ii) The statement of questions involved must be so drawn that the Court may quickly determine all the legal questions to be decided. (iii) The argument shall be divided into as many parts as there are questions involved. Citations of authority shall be accurately designated, shall set forth the volume and page number where they appear, and shall set forth the exact citation of the principles for which they are cited. Whenever a Pennsylvania statute is cited, the pertinent title and section number of Purdon's Statutes shall also accompany said citation. (iv) Whenever testimony is abstracted or referred to, it must contain reference to the pages of the transcript where the supporting evidence may be found.

CRITICAL

Applies to

Petition

A petition must include the listed information about the decedent, the incident, expenses, beneficiaries, and probable future income, with reports attached if available.

Said petition shall contain the following information: 1. the extent, if any, of the decedent’s conscious pain and suffering resulting from the incident giving rise to the decedent’s claim; 2. a copy of an accident report, if available; 3. the medical expenses incurred resulting from the incident giving rise to the decedent’s claim; 4. name, age, relationship to decedent, and the extent of financial dependence upon decedent of wrongful death beneficiaries of decedent; 5. Non-minor decedent’s probable future earned income less cost of maintenance discounted to present worth (attach supporting economist’s report, if available).

CRITICALCriminal cases

Applies to

Motion for continuance

A continuance motion must include the case's procedural history from the complaint filing, dates of prior continuance requests, and whether the court has limited future continuance motions.

All motions for continuance shall contain a procedural history of the case beginning with the date of filing of the complaint and shall describe the dates of previous requests for continuances. The motion shall also state whether the court has previously limited future motions for continuance.

CRITICAL

Applies to

Schedule of distribution

A filed schedule of distribution must include a certification by the accountant and counsel addressing its conformity and notice or written approval.

Attached to such schedule when filed shall be a certification by the accountant and counsel for the accountant: a) That the schedule is correct and in accordance with the adjudication; b) That the notice of the filing thereof has been duly given, or that the same is unnecessary by reason of a written approval of the schedule filed therewith by all interested parties affected thereby or by counsel of record.

CRITICAL

Applies to

Request for argument

If a party desires argument, a Request for Argument substantially in the form of subparagraph (6), Form B, stating the reasons why argument is necessary, shall be filed with the application.

If a party desires argument, a Request for Argument substantially in the form of subparagraph (6), Form B, stating the reasons why argument is necessary, shall be filed with the application.

CRITICAL

Applies to

Document or letter

Must include

caption

Documents and letters related to the matter that are received by the Clerk must have a caption identifying the adoptee and docket number.

Any documents or letters received by the Clerk of Orphans’ Court and related to this matter shall contain a caption referencing the adoptee’s name and the docket number so they remain confidential and properly filed.

CRITICAL

Applies to

Proposed order for hearing

Applicant/Solicitor must submit a proposed order for hearing using the form in sub-paragraph (6).

Applicant/Solicitor shall submit to the Court a proposed order for hearing in the form set forth below in sub-paragraph (6).

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions must file a motion for a transcript of the hearing officer proceedings at the same time.

Any party filing exceptions to the report of the hearing officer shall, at the time of filing of the exceptions, file a motion for transcript of the proceedings before the hearing officer in conformity with Pa.R.J.A. 4000 et. seq. and Monroe County R.J.A. 4007 et. seq.

CRITICAL

Applies to

Memorandum of principal terms

Within 20 days after mediation is completed, the interested parties or their counsel must sign a memorandum stating whether there was no resolution or embodying the resolutions, clearly identifying partial or complete resolutions and listing unresolved issues; where appropriate, it may provide for future review.

Within twenty (20) days of completion of mediation, all interested parties, or their counsel where appropriate, shall sign a memorandum of principal terms, which either shall acknowledge that no resolution was reached, or shall embody the resolutions attained. This memorandum of principal terms shall clearly state partial resolutions or complete resolution attained. The memorandum of principal terms shall include a list of unresolved issues to be determined by the Court. Where appropriate, the principal terms could provide for future review in light of changed circumstances or a change in the operative facts.

CRITICAL

Applies to

Appearance

An attorney or party who does not sign a pleading or motion must enter an appearance by filing a written praecipe with the Prothonotary.

Appearances by attorneys or parties not signing pleadings or motions shall be made by written praecipe filed with the Prothonotary of Monroe County.

CRITICAL

Applies to

Point for charge

Counsel must cite supporting legal authority for each requested point for charge.

For each requested point for charge, counsel shall cite legal authority in support of the requested point for charge.

CRITICAL

Applies to

Form C – Praecipe to Disburse Funds

The District Court Administrator must file Form C to direct disbursement of escrowed funds in the specified circumstances.

The District Court Administrator shall file of record Form C – Praecipe to Disburse Funds, notifying the appropriate filing office to disburse funds deposited in escrow in accordance with these rules to the Controller’s Office in the following instances:

CRITICAL

Applies to

Petition

The petition must be accompanied by all documentation required under § 14 of the Act.

(ii) Applicant must comply with all requirements set forth in the Act and the Petition shall be accompanied by all documentation required under § 14 of The Act.

CRITICALCriminal cases

Applies to

Treatment attendance verification

Anyone required to participate in a treatment program must provide the probation officer written verification of attendance, participation, and completion monthly.

If I am required to participate in a treatment program of any kind, it is my responsibility to provide written verification of attendance, participation, and completion to my Probation Officer monthly.

CRITICALCivil cases

Applies to

Legal paper other than original process

Must include

certificate of service

A certificate of service must be filed together with any legal paper other than original process.

(c) Certificate of Service. A certificate of service shall be filed together with any legal papers other than original process filed in an action

CRITICAL

Applies to

Audio or video exhibit

For video or audio exhibits requiring a Confidential Information Form, the Proponent must include a PDF-A file of the form on the storage device with the exhibit.

For any video or audio exhibit that requires a Confidential Information Form, the Proponent shall include on the Storage Device with the video or audio file a PDF-A file containing the appropriate form.

CRITICAL

Applies to

List of objections

At the pretrial conference, counsel must present the judge with a page-and-line list of objections still requiring rulings.

They shall present to the judge a list by page and line of the objections that still need rulings at the time of the pretrial conference.

CRITICAL

Applies to

Motion or petition

Must include

certificate of conference

Motions and petitions must include counsel’s certification that concurrence was sought and granted or denied, except for appeals, summary-judgment motions, and motions for judgment on the pleadings.

(1) All motions and petitions shall contain a certification by counsel for the moving party that concurrence in the motion has been sought from all opposing counsel and that such concurrence has been granted or denied. This certification is not required for appeals, motions for summary judgment or motions for judgment on the pleadings.

CRITICAL

Applies to

Exhibit reproduction request

For reproduction to be granted, the requester must file of record the District Court Administrator’s appropriate request form, and the exhibits must not be restricted from public access.

(1) The exhibit(s) requested are not confidential, sealed, or otherwise restricted from public access and the requestor files of record the appropriate request form as designated by the District Court Administrator.

CRITICAL

Applies to

Confidential information form

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

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

CRITICAL

Applies to

Hearing memorandum

If the Court orders a hearing, the parties must file hearing memoranda in accordance with Monroe County Local Rule 210(4).

If the Court orders the matter for a hearing, the parties shall file hearing memoranda in accordance with Monroe County Local Rule 210(4).

CRITICAL

Applies to

Transcript cost waiver or reduction request

A request to waive or reduce transcript costs must be made by motion to the Judge of record and filed of record in the appropriate filing office.

Requests for waiver or reduction of costs shall be made by motion to the Judge of record, filed of record in the appropriate filing office, and served in accordance with Pa.R.J.A. 4007(B).

CRITICAL

Applies to

Written appearance

A written appearance must include the attorney’s name, address, telephone number, and attorney I.D. number.

The written appearance required by Pa. Orphans’ Court Rule 1.7 shall include the attorney’s name, address, telephone number and attorney I.D. number.

CRITICAL

Applies to

Confidential position paper

Before mediation, the parties or their attorneys must submit a Confidential Position Paper only to the mediator; it is not part of the court record and must be destroyed after mediation.

Prior to the Mediation, the parties and/or their attorneys shall be required to prepare and submit a Confidential Position Paper disclosed only to the mediator in the format attached or as modified by the mediator or the assigned judge. The Confidential position paper shall not become a part of the court record and shall be destroyed at the conclusion of the mediation.

CRITICAL

Applies to

Order decree judgment

A filing of an order, decree, or judgment must list each attorney of record and each unrepresented party, with their names and addresses.

When filing any order, decree or judgment, a party shall list on the documents the name and address of each attorney of record and each unrepresented party.

CRITICAL

Applies to

Case management modification motion

Must include

proposed order

A party seeking modification of a case track or case-management deadlines must obtain written concurrence from all parties, file a written motion, and attach proposed orders substantially similar to Forms C and D; the Court may modify the order in its discretion or for good cause.

The case track and/or deadlines established by the case management order may be modified by the Court in its own discretion or for good cause shown. A party seeking modification shall seek the written concurrence of all parties and make the request for modification by written motion. A proposed modified case management order in a form substantially similar to Form “C” shall be attached. A proposed order for a status conference, substantially similar to Form “D” shall also be attached.

CRITICAL

Applies to

Petition

A petition appealing a Register of Wills decision must be filed with the Clerk and include the six listed items.

A petition appealing the decision of the Register of Wills shall be filed with the Clerk of the Orphans’ Court and shall set forth: 1. an outline of the proceedings before the Register of Wills; 2. the nature of the dispute which has arisen; 3. the names and addresses of all interested parties, including those who have not been made parties to the record; 4. a request for certification of the record; 5. a request that any testimony taken before the Register of Wills be transcribed; 6. a request that a citation be issued to show cause why the relief should not be granted;

CRITICAL

Applies to

Motion for leave to file exhibit

The proponent of an exhibit that cannot be electronically filed or exceeds Portal standards must promptly file a motion for leave to file it.

The proponent of the exhibit shall promptly file a motion for leave to file the exhibit with the Court.

CRITICAL

Applies to

Motion or request for relief

Must include

proposed order

All motions and other requests for relief must be accompanied by a proposed order.

A proposed order shall accompany all motions or other requests for relief.

CRITICAL

Applies to

Bankruptcy stay notice

Must include

caption, case number

A party whose bankruptcy proceeding triggers an automatic stay must file written notice with the Prothonotary, including the pending action's caption and number and a certified copy of the bankruptcy petition's face sheet showing its filing number and date.

Whenever a party in a pending civil action files a federal bankruptcy proceeding entitling the party to an automatic stay, said party shall file written notice thereof in the office of the Prothonotary. The notice shall contain the caption and number of the pending action and include a photocopy of the face sheet of the bankruptcy petition certified by the Clerk of the Bankruptcy Court showing the filing number and date.

CRITICAL

Applies to

Praecipe for arbitration

When filing a Praecipe for Arbitration, moving-party counsel must certify that preliminary objections are finally determined, discovery is complete with no delaying discovery pending from opposing counsel, and the moving party and witnesses are ready to proceed.

unless counsel for the moving party certifies at the time of filing the Praecipe for arbitration that: i. All preliminary objections have been finally determined; ii. Counsel for the moving party has completed all discovery and knows of no pending discovery on the part of opposing counsel which will delay hearing; iii. The moving party and witnesses are available and ready to proceed to hearing.

CRITICAL

Applies to

Informational statement

When voluntary relinquishment is contemplated, the intermediary must provide the Court a written informational statement with the specified identifying and contact information at the time of the voluntary-placement agreement.

In all adoption proceedings, in which a voluntary relinquishment is contemplated, at the time of the agreement for voluntary placement of the child, the intermediary shall provide the Court with a written informational statement setting forth the name of the birth parents, their addresses and telephone numbers, and the names of the proposed adoptive parents, their address and telephone number.

CRITICAL

Applies to

Expert testimony exclusion motion

A motion to exclude expert testimony relying on novel scientific evidence must identify the expert, specify the testimony and basis for exclusion, identify supporting evidence, and include relevant CVs and reports.

(a) If a party moves the court to exclude expert testimony which relies upon novel scientific evidence, on the basis it is inadmissible under Pa.R.E. 702 or 703, (1) the motion shall contain: (i) the name and credentials of the expert witness whose testimony is sought to be excluded, (ii) a summary of the expected testimony of the expert witness, specifying with particularity that portion of the testimony of the witness which the moving party seeks to exclude, (iii) the basis, set forth with specificity, for excluding the evidence, (iv) the evidence upon which the moving party relies, and (v) copies of all relevant curriculum vitae and expert reports;

CRITICAL

Applies to

Praecipe for arbitration

The party filing the arbitration praecipe must provide the Court Administrator with the address and, if known, email address of any unrepresented party.

The address and if known, email address of any unrepresented party is to be furnished to the Court Administrator by the party filing the Praecipe for arbitration.

CRITICAL

Applies to

Arbitration notice

The arbitration notice must state its date, time, and place and include the specified warning about nonappearance and appeal rights.

Notice of the date, time and place of arbitration shall be provided to counsel for the parties via electronic mail or, if unrepresented, to the party directly via certified and regular mail by the Court Administrator, or her/his designee, and shall include the following provision pursuant to Pa. R.C.P. 1303(a)(2): “This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the Court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.”

CRITICAL

Applies to

Document containing confidential information

Anyone filing a document containing confidential information must use and file the applicable CIF or CDF.

persons who file documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form (CIF) or a Confidential Document Form (CDF), as applicable, in order to comply with the Policy.

CRITICAL

Applies to

Brief or memorandum of law

In other proceedings scheduled for a hearing, counsel must provide the Court a brief or memorandum of law stating the legal authorities relied upon.

In all other proceedings scheduled for hearing before the Court, all counsel shall provide the Court with a brief or memorandum of law setting forth legal authorities relied upon.

CRITICAL

Applies to

Request for expedited disposition

For cause shown, a moving party may seek expedited disposition by filing a Form A Request for Expedited Disposition with the motion or petition and explaining the grounds.

For cause shown, any moving party may request expedited disposition of any motion or petition filed with the Prothonotary. If expedited disposition is requested, a Request for Expedited Disposition substantially in the form of subparagraph (6), Form A, shall be filed with the motion or petition, explaining the grounds for an expedited disposition.

CRITICAL

Applies to

Post trial relief motion

Each post-trial relief motion must state specific reasons and whether a partial or full transcript is required, with the reason for that transcript request.

Counsel shall assign specific reasons for each motion and shall state whether a partial or full transcript of the testimony is required and set forth the reason therefore.

CRITICALCriminal cases

Applies to

Evaluation recommendation

A copy of the evaluation recommendation must be provided to the Parole Officer within 10 days of completion.

I must provide a copy of the recommendation to my Parole Officer within 10 days of completion.

CRITICAL

Applies to

Request for argument

A party seeking argument must file a Request for Argument.

If a party desires argument, that request shall be made by filing a Request for Argument substantially in the form of Monroe County Local Rule 208.3(a)(6) Form B- Request for Argument pursuant to Pa.R.C.P. 211.

CRITICALCivil cases

Applies to

Pre trial statement

The pre-trial statement must include the specified completed parenting plan and updated Criminal Record/Abuse History Verification, attached and submitted to the Court as part of the statement.

No later than five days prior to the pre-trial conference, all parties shall provide to the Court and all other parties a pre-trial statement, completed parenting plan, in substantially the form set forth below, and an updated Criminal Record/Abuse History Verification concerning any criminal and/or abusive history, in accordance with Pa.R.Civ.P. 1915.3-2. The completed parenting plan and Criminal Record/Abuse History Verification shall be attached and submitted to the Court as part of the party’s pre-trial statement.

CRITICAL

Applies to

Unknown distributees report

The Unknown Distributees report must be submitted in writing and acknowledged by a notary public.

The report required by Pa. Orphans’ Court Rule 2.10 regarding Unknown Distributees shall be submitted in writing and acknowledged by a notary public.

CRITICAL

Applies to

Exhibit

If an exhibit requires a Confidential Information or Confidential Document Form, the exhibit file’s first page must be the appropriate form.

If any exhibit requires a Confidential Information or Confidential Document Form pursuant to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the Proponent shall ensure the first page of any exhibit file is the appropriate form.

CRITICAL

Applies to

Mediation motion

A mediation motion must identify the proposed mediator and payment source, participating parties and counsel, any interested parties with diminished capacity or a legal disability, and the initial conference date if known.

The motion for mediation shall identify: 1. The proposed mediator and the proposed source of payment of fees and costs of the mediator; 2. Names and contact information of all interested parties and any counsel who shall participate in the mediation; 3. Names and information regarding any interested parties having diminished capacity or a legal disability, whose interests must be adequately protected; and 4. The scheduled date for the initial mediation conference, if known in advance.

CRITICAL

Applies to

Form a notice of completion of transcript

Upon transcript completion, the Court Reporter, Recorder, or Transcriptionist must file Form A of record.

(C) Upon completion of the transcript, the Court Reporter, Recorder or Transcriptionist shall file of record Form A – Notice of Completion of Transcript and serve a copy on the requesting party by electronic mail, if available, or regular mail and the District Court Administrator.

CRITICAL

Applies to

Request for adoption information or contact

A Request for Adoption Information About or Contact With Specified Persons must be filed with the Clerk of Courts, who will treat it as a motion.

A “Request for Adoption Information About or Contact With Specified Persons” pursuant to Act 101 of 2010, set forth at 23 Pa. C.S.A. §2911, et seq. shall be filed with the Clerk of Courts who shall treat it as a motion to the Court.

CRITICAL

Applies to

Affidavit of service

An affidavit of service must be filed with the Prothonotary after service.

An affidavit of service shall be filed within five (5) days from the date of the order setting the rule with the Prothonotary.

CRITICALCivil cases

Applies to

Support action pleading

Pleadings in support actions must include the PACSES Case Number in the caption.

All pleadings filed in support actions shall include the PACSES Case Number in the caption.

CRITICAL

Applies to

Brief

The parties must file briefs in accordance with Monroe County Local Rule 210.

The parties shall file briefs in accordance with Monroe County Local Rule 210.

CRITICALCriminal cases

Applies to

Information release

A person required to participate in a treatment program must sign information releases with the service provider so the Parole Officer can verify attendance.

I also understand that I am required to sign releases of information with the service provider for the purpose of my Parole Officer verifying my attendance.

CRITICALCivil cases

Applies to

Domestic relations action

Each type of domestic relations action receives a separate CV docket number, and the filing party must identify the action type parenthetically after that number.

In addition to the domestic relations (DR) docket number, a separate civil action (CV) docket number shall be assigned to each type of domestic relations action (e.g., divorce, custody, support, or protection from abuse). The filing party shall designate parenthetically after the civil case (CV) docket number the type of action.

CRITICAL

Applies to

Notice of withdrawal

Counsel in a matter pending solely before the Register of Wills may withdraw upon providing good cause to the Register and filing written notice of withdrawal.

Counsel who has entered an appearance in a matter pending solely before the Register of Wills, shall be permitted to withdraw upon good cause provided to the Register of Wills by filing a written notice of the withdrawal with the Register of Wills and a copy to all interested parties, heirs, and any other counsel in the matter by first class United States mail postage pre-paid.

CRITICAL

Applies to

Transcript payment

All transcript payments must be accompanied by Form B, Notice of Payment.

a. All payments, including deposit and final payment, shall be made payable to the 43rd Judicial District – name of filing office (insert appropriate filing office: Prothonotary, Clerk of Courts or Clerk of Orphans’ Court), remitted at the appropriate filing office and accompanied by Form B – Notice of Payment.

CRITICAL

Applies to

Paper

Before filing, every paper must be endorsed with its title, case number and term, and the parties’ names; an attorney must endorse a paper the attorney presents.

(b) Making of Endorsement. No paper shall be filed until it has first been endorsed, showing the title of the paper, the number and term and the name of the parties to the action. If the paper is presented by an attorney it shall be endorsed by him.

CRITICAL

Applies to

Motion

Every motion must state its grounds with particularity, precisely identify the relief sought, and cite authority for that relief.

All motions shall state with particularity the grounds on which they are based and shall precisely state the relief which is being sought and shall cite any statute or procedural rule authorizing the grant of such relief.

CRITICAL

Applies to

Motion for new trial

A motion for a new trial must state particular reasons, and reasons concerning evidentiary rulings must be separately designated.

In motions requesting a new trial, particular reasons shall be assigned; general reasons will not be considered. Reasons relating to rulings on evidence shall be separately designated.

CRITICAL

Applies to

Voluntary agreement for continuing contact

A voluntary continuing-contact agreement must be filed with the Petition for Adoption or at the termination-of-parental-rights or adoption hearing.

Any voluntary agreement for continuing contact between the parties pursuant to 23 Pa. C.S.A. 2731 et. seq. shall be filed with the Petition for Adoption or at the time of the Termination of Parental Rights and/or Adoption Hearing.

CRITICALCivil cases

Applies to

Domestic relations action

Domestic relations actions involving the same parties must use the same DR docket number, with the prothonotary assigning the initial number if none exists.

Every domestic relations action shall be filed to the same domestic relations (DR) docket number as all other pending domestic relations actions involving the same parties. In the event no domestic relations action has been previously filed naming the same parties, the prothonotary shall assign a DR docket number to the initial domestic relations action filed between the parties, and that DR docket number shall thereafter be utilized for all future domestic relations actions between the parties.

CRITICAL

Applies to

Response

A response must be filed if the court determines that the matter should be addressed before trial.

(4) the court shall require that a response be filed if it determines that the matter should be addressed prior to trial.

CRITICAL

Applies to

First pleading

The first pleading asserting a right, claim, or defense founded on a statute, ordinance, governmental regulation, or court rule must cite that authority.

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

CRITICALCriminal cases

Applies to

Evaluation recommendation

When an evaluation is required, a copy of its recommendation must be provided to the Pretrial Officer within 10 days of completion.

43. I understand that if I am required to obtain an evaluation, I must contact an approved provider within 5 days to schedule my initial appointment. I must provide a copy of the recommendation to my Pretrial Officer within 10 days of completion.

CRITICAL

Applies to

Petition

Must include

certificate of service

A certificate of service evidencing service of the petition must be filed with the Clerk of Courts.

(3) Applicant/Attorney shall serve a copy of the Petition on the District Attorney of Monroe County and shall file a Certificate of Service with the Clerk of Courts evidencing such service.

CRITICALCivil cases

Applies to

Statement of objections

A statement of objections must state the basis for objection, when the case will be ready for the hearing officer’s hearing, and include a request for argument.

If opposing counsel or any unrepresented party objects to the filing of the motion for the appointment of a divorce hearing officer, the objector shall, within 20 days of the service of the notice of intention to file motion for the appointment of a divorce hearing officer, file with the court a statement of objections which shall include the basis for objection and a statement of when the case will be ready for hearing officer’s hearing, along with a request for argument.

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

Covered criminal complaints and arrest warrant affidavits require approval by an attorney for the Commonwealth before filing or acceptance.

The District Attorney of Monroe County, Pennsylvania, having filed a certification pursuant to Pennsylvania Rule of Criminal Procedure 101A, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging any felony of the first degree under the Pennsylvania Crimes Code, or any felony under the Controlled Substance, Drug, Device and Cosmetic Act of Pennsylvania, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.

CRITICAL

Applies to

Exhibit

The Proponent must include the applicable confidentiality form with an exhibit containing defined confidential information or documents and give the form to the Court Reporter/Recorder/Monitor when the evidence is introduced.

The Proponent shall include a Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the Proponent to the Court Reporter/Recorder/Monitor at the time the evidence is introduced.

CRITICAL

Applies to

Arbitrator replacement request

A request to replace an arbitrator must use the form that follows.

If any attorney wishes to be replaced as an arbitrator in any particular hearing, the attorney shall request replacement on the form that follows by email to Arbitrations@monroepacourts.us a minimum of seven (7) days prior to the scheduled arbitration hearing, except where excused by the Court for good cause shown.

CRITICAL

Applies to

Change of counsel

Every change in counsel must be documented by an appropriate praecipe filed with the Prothonotary.

All changes in counsel shall be evidenced by an appropriate praecipe filed in the office of the Prothonotary.

CRITICAL

Applies to

Withdrawal of appearance

Counsel may withdraw only through a substitution praecipe endorsed by the substituted and withdrawing attorneys, or with leave of court; when leave is sought, a Rule to Show Cause must issue to the client and all other parties.

Appearances of counsel may not be withdrawn, except by substitution of counsel by means of praecipe endorsed by each substituted attorney and the withdrawing attorney, or by leave court, in which case, a Rule to Show Cause shall be issued to the client represented by the movant and to all other parties to the litigation or proceeding.

CRITICAL

Applies to

Affidavit of publication

The applicant or attorney must file the Affidavit of Publication and proofs of advertising with the Clerk of Courts.

shall file an Affidavit of Publication, together with proofs of advertising, with the Clerk of Courts.

CRITICAL

Applies to

Report and recommendation

The District Attorney’s report and recommendation to the Court must be signed by the District Attorney and filed with the Clerk of Courts.

(iv) prepare a report and recommendation to the Court. The report and recommendation must be signed by the District Attorney and shall be filed with the Clerk of Courts.

CRITICAL

Applies to

Bar admission petition

Admission to this Court’s Bar requires an applicant’s petition, presented by a member of the Bar, to show the specified Pennsylvania admission, character, and Monroe County residency or office qualifications.

Admissions to the Bar of this Court shall be by petition of the applicant, presented by a member of this Bar, which petition shall show that the applicant (a) has been admitted to the Bar of the Supreme Court of Pennsylvania; (b) that he or she is a person of good moral character; (c) either that he or she is a bona fide resident of Monroe County or that he or she maintains an office for the practice of law in Monroe County.

CRITICALCivil cases

Applies to

Certificate

The continuance materials include a certification addressing concurrence, non-concurrence, or no reply.

CERTIFICATION OF CONCURRENCE, NON-CONCURRENCE OR NO REPLY

CRITICAL

Applies to

Arbitration award form

For an award under Pa.R.C.P. 1306, the arbitrators must complete and sign the Court Administration form prescribed by Pa. R.C.P. 1312.

When making an award pursuant to Pa.R.C.P. 1306, the arbitrators shall complete and sign the form provided by Court Administration as prescribed by Pa. R.C.P. 1312.

CRITICALCriminal cases

Applies to

Motion for continuance

Continuance motions must be written and filed with the Clerk of Courts unless exceptional circumstances prevent a written motion.

All motions for continuance shall be in writing and shall be filed with the Clerk of Courts, unless exceptional circumstances prevent a written motion.

CRITICAL

Applies to

Transcript request

Must include

caption

Transcript requests must be filed of record in the appropriate filing office as motions and include the case caption, the prescribed standardized form, and verification.

All requests for transcripts shall be filed of record in the appropriate filing office. Requests shall be in the form of a motion and shall include the case caption, the standardized form provided by the State Court Administrator in accordance with Pa.R.J.A. 4007(A), and verification.

CRITICAL

Applies to

Final report

The Authorized Representative must file a final report with the Clerk describing the investigation, information learned, and any information disclosed and when, even if only non-identifying information was requested.

Authorized Representative shall file a final report with the Clerk of Orphans’ Court summarizing what investigative actions were taken, what information was learned, and what information, if any, was disclosed to Requestor and when it was disclosed, even if only “non-identifying” information was requested.

CRITICAL

Applies to

Index of exhibits

The index of exhibits must identify each exhibit’s proponent, whether it was admitted, and a textual description or identification, and must use the included template.

Within five days of the conclusion of a Court Proceeding, the Court Reporter/Recorder/Monitor shall file with the appropriate filing office an index of exhibits, which shall include for each exhibit the proponent, whether the exhibit was admitted into evidence, and a textual description or identification of the exhibit. The Court Reporter/Recorder/Monitor shall use the Index of Exhibits Template included below.

CRITICAL

Applies to

Pretrial memorandum

At trial, parties are limited to witnesses and exhibits disclosed in their pretrial memoranda, unless opposing counsel waives the restriction or the Court finds it unjust.

At trial, the parties will be limited to those witnesses and exhibits disclosed in the pretrial memoranda, unless opposing counsel waives such restrictions or the Court finds such a limitation to be unjust.

CRITICAL

Applies to

Petition

The applicant or attorney must submit fingerprint order cards to the Clerk of Courts along with the petition.

(i) In accordance with the Act, Applicant/Attorney shall submit, along with the Petition, fingerprint order cards to the Clerk of Courts;

CRITICAL

Applies to

Motion petition or appeal

An attorney of record who signs a motion, petition, or appeal certifies that it has been read, has proper grounds to the attorney’s knowledge and belief, and is not interposed merely for delay.

The signing of a motion, petition or appeal by the attorney of record shall constitute a certification that the attorney has read the document and that, to the best of his or her knowledge, information and belief there are proper grounds to support it and that it is not interposed merely for delay.

CRITICAL

Applies to

Application

Applications to the Court must be made by motion unless a statute or rule requires a petition or appeal.

(1) Applications by motion, petition or appeal. All applications to the Court shall be by motion, unless a statute or rule requires the filing of a petition or an appeal to bring the matter before the Court.

CRITICALCivil cases

Applies to

Motion

The continuance motion must have the concurrence/non-concurrence form attached, listing the prospective rescheduled hearing dates obtained from the Court Administrator.

Prior to filing a motion to continue a hearing officer’s hearing, the moving party or, if represented, their counsel shall contact the office of the Court Administrator to secure several prospective dates for the rescheduled hearing, and shall list those dates on the concurrence/non- concurrence required to be attached to the motion and which shall be substantially in the form set forth below.

CRITICAL

Applies to

Motion to make rule absolute

If no answer is filed by the return date, the moving party may move to make the rule absolute; the motion must detail service, and the petition and rule must be certified as properly served under oath or in conformance with Pennsylvania civil procedure rules.

(3) If no answer is filed on or before the return date, the moving party may file a motion to make the rule absolute. A motion to make the rule absolute shall evidence compliance with the service requirements of Pa.R.C.P. 440, setting forth the time, place and nature of service. No rule shall be made absolute without certification that the petition and rule to show cause have been served in compliance with Pa.R.C.P. 440. Counsel or the moving party shall make such certification under oath or in conformance with Pennsylvania Rules of Civil Procedure.

CRITICAL

Applies to

Informational statement

Written agreements between the parties concerning financial arrangements must be attached to the informational statement.

Any written agreements between the parties regarding financial arrangements shall be attached to the informational statement.

CRITICAL

Applies to

Filed document

Filed documents must be endorsed with the filing day and exact time; absent fraud, accident, or mistake, that endorsement is conclusive evidence of the filing date and time.

All documents filed in any office of the Court shall be endorsed with the day and exact time of filing, which endorsement, in the absence of fraud, accident, or mistake shall be conclusive evidence of such date and time of filing.

CRITICALCivil cases

Applies to

Notice of intention to file motion

Must include

certificate of service

The notice of intention to file the motion must be accompanied by a certificate of service.

The moving party has filed of record and served a time stamped copy of the party’s written notice of intention to file a motion for the appointment of a divorce hearing officer together with a certificate of service, using the forms set forth below, to all counsel of record and unrepresented parties a minimum of 20 days prior to the filing of the motion for the appointment of a divorce hearing officer.

CRITICALCriminal cases

Applies to

Motion for continuance

The motion's title must state how many times counsel has sought a continuance.

The title of the motion shall state the number of times counsel has sought a continuance, for example: “SECOND MOTION FOR CONTINUANCE.”

CRITICAL

Applies to

Affidavit of publication

The applicant or attorney must file an affidavit of publication and proofs of advertising with the Clerk of Courts.

(ii) Applicant/Attorney shall file an Affidavit of Publication, together with proofs of advertising, with the Clerk of Courts.

CRITICALCriminal cases

Applies to

Arraignment

Arraignment may be conducted in writing, but the district attorney may require the defendant to appear personally; the prescribed form includes identifying information, waiver language, acknowledgments, and signature lines.

Arraignment may be in writing as an alternative to an appearance by the defendant. At the discretion of the district attorney, a personal appearance by the defendant may be required. The form for arraignment shall be as follows: Case No. .................................................. Date: ......................................................... Defendant's Name: Address: S.S. Number: ------------------------------------------------------- Driver's License Number: State Defense Counsel's Name: I.D. Number: I, the undersigned Defendant, understand the nature of the charges filed against me by the Commonwealth of Pennsylvania and do hereby waive formal arraignment and do expressly waive my right to appear for arraignment. Commencing with the date of this Waiver, I acknowledge the right to request a bill of particulars within seven (7) days; to file a discovery motion and inspection within fourteen (14) days; and to file an omnibus pretrial motion within thirty (30) days, unless extended by order of court. I further acknowledge that I must personally attend the call of the criminal trial list scheduled for , at 8:30 A.M., Courtroom No. 1, Monroe County Courthouse, Stroudsburg, Pennsylvania, and be present for trial during the Criminal Trial Term commencing , at 8:30 A.M, in Courtroom No. 3, Monroe County Courthouse, Stroudsburg, Pennsylvania. Date Signature of Defendant Date Signature of Defense Counsel

CRITICAL

Applies to

Form a notice of completion of transcript

Form A must state the balance owed by the requesting party when a balance is due.

a. For transcript requests where a balance is due, the Form A shall include the amount of the balance owed by the requesting party.

CRITICALCivil cases

Applies to

Certificate of service

A certificate of service must identify the document, recipients, service addresses, and service method, and be signed by the person responsible for service.

or served upon any party. The certificate of service shall identify the document served, the individual(s) served, the address(es) where service is made, and the manner of service, and shall be signed by the person responsible for service.

CRITICAL

Applies to

Petition

When the Register of Wills certifies the record on the Register’s own motion, any interested party must file a petition requesting a citation with rule to show cause.

When the certification of the Register of Wills’ record has been prepared and filed on the Register of Wills’ own motion, a petition requesting a citation with rule to show cause to be issued, shall be filed by any interested party.

CRITICAL

Applies to

Affidavit of publication

The Applicant or Solicitor attorney must file an Affidavit of Publication with proofs of advertising with the Prothonotary.

and shall file an Affidavit of Publication, together with proofs of advertising, with the Prothonotary.

CRITICALCriminal cases

Applies to

Treatment program verification

Anyone required to participate in a treatment program must provide the Parole Officer written verification of attendance, participation, and completion monthly.

If I am required to participate in a treatment program of any kind, it is my responsibility to provide written verification of attendance, participation, and completion to my Parole Officer monthly.

CRITICAL

Applies to

Status report

Until the final report is filed, the Authorized Representative must file a status report within one year of the original Request and on each annual anniversary of that filing.

Until the Authorized Representative files a final report, the Authorized Representative shall file with the Clerk of Orphans’ Court, a status report within one year of the original Request and on each annual anniversary of the filing of the Request.

CRITICAL

Applies to

Petition for appointment of school police

The petition must comply with the School Code and include the appointee’s identifying and clearance information, fingerprints, specified FBI and PSP records, and the required applicant statements.

(ii) Applicant must comply with all requirements set forth in The School Code and the Petition shall contain the following information: (a) The name, address, social security number, date of birth, and dates of Act 34 clearance and the FBI investigation clearance for the Appointee(s) to be employed as a school police officer. (b) The fingerprints of the Appointee(s). (c) A report issued by the Federal Bureau of Investigation, United States Department of Justice, Investigation Division (“FBI”) indicating that the Appointee(s) has no arrest record. (d) A copy of the Request for Criminal History Record Check issued by the Pennsylvania State Police (PSP) indicating that the Appointee(s) has no arrest record. (e) A statement by the Applicant representing that Appointee(s) is of good character and repute. (f) A statement by the Applicant that the Appointee(s) has not resided outside the Commonwealth of Pennsylvania in any other jurisdiction since the FBI and PSP issued the reports verifying that the Appointee(s) does not have a criminal record.

CRITICAL

Applies to

Motion

If opposing counsel grants concurrence, the motion must include the written concurrence.

(2) Where concurrence has been granted, the written concurrence of opposing counsel shall be attached to the motion.

CRITICAL

Applies to

Document

Parties may not file both a redacted and an unredacted version of the same document.

Parties are expressly prohibited from filing two versions of any document, i.e., a redacted version and an unredacted version.

CRITICAL

Applies to

Filed paper

Must include

caption, case number

Filed papers must include a caption identifying the Court and division, case number, parties, proceeding, and paper.

contains the caption of the proceeding, including the name and division of the Court, identifying case number, the names of the parties, the title of the proceeding, and the name of the paper.

CRITICAL

Applies to

Notice to defend

A Notice to Defend and any similar notice must set forth the Monroe County Bar Association Find a Lawyer Program’s name, address, and telephone number.

The name, address and telephone number of the organization to be set forth in the Notice to Defend required by Pa.R.C.P. 1018(c) and in any similar notice required by the Pennsylvania Rules of Civil Procedure shall be:

CRITICAL

Applies to

Photographic copy of potential non documentary exhibit

Before a Court Proceeding, the Proponent must prepare photographic copies of potential non-documentary exhibits for submission to the Court Reporter/Recorder/Monitor at the proceeding’s conclusion.

In advance of a Court Proceeding, the Proponent shall prepare a photographic copy of all potential non-documentary exhibits pursuant to Pa.R.J.A. 5103(b) for submission to the Court Reporter/Recorder/Monitor at the conclusion of the Court Proceeding in accordance with all applicable Local Rules.

CRITICAL

Applies to

Index of exhibits

The USB drive must include an index listing all exhibits offered into evidence and associated information in the prescribed template format.

Each USB flash drive shall contain an additional file labeled “[Case Name] [Docket Number] [Proponent Title] Index of Exhibits” which shall list all exhibits offered into evidence by the Proponent, and associated information, in the format provided for by the Index of Exhibit Template in Monroe Co. R.J.A. 5102(b)(2).

CRITICAL

Applies to

Proposed order

Must include

proposed order

After the District Attorney gives notice that the investigation is complete, the applicant or attorney must submit a proposed order for hearing to the Court in the form specified in sub-paragraph (9).

(i) The District Attorney shall notify Applicant/Attorney when it has completed its investigation, at which time, Applicant/Attorney shall submit to the Court a proposed order for hearing in the form set forth below in sub-paragraph (9).

CRITICAL

Applies to

Continuance motion

The continuance motion must state any agreed-upon dates and have certificates of concurrence attached.

The moving party shall include any agreed-upon dates in their motion and attach certificates of concurrence.

CRITICAL

Applies to

Pleading and docket entry

The caption of the specified pleadings and docket entries must include the child's given name.

The caption for all pleadings and docket entry for voluntary relinquishment to an agency, voluntary relinquishment to an adult intending to adopt child, involuntary termination of parental rights, and adoption shall carry the given name of the child.

CRITICAL

Applies to

Notice attached to writ of execution

A notice attached to a writ of execution must provide the designated organization’s name, address, and telephone number.

The name, address and telephone number of the organization to be set forth in the notice attached to a writ of execution shall be: MONROE COUNTY BAR ASSOCIATION FIND A LAWYER PROGRAM 913 MAIN STREET STROUDSBURG, PENNSYLVANIA 18360 Telephone (570) 424-1340 Fax (570) 424-8234

CRITICALCivil cases

Applies to

Request to participate by electronic means

A party or witness seeking to participate electronically in a divorce, custody, or paternity proceeding must file a written petition with the Monroe County Prothonotary.

All requests by a party or witness to participate by electronic means in a proceeding in an action in divorce, custody or paternity shall be made by written petition filed with the Monroe County Prothonotary.

CRITICAL

Applies to

Filed paper

Each filed paper must identify the filing attorney by name, address, telephone number, and I.D. number, or identify the party by name, address, and telephone number if unrepresented.

All papers filed shall be endorsed with the name, address, telephone number, and I.D. number of the attorney filing it or the name, address and telephone number of the party if there is no attorney.

CRITICAL

Applies to

Mediation report

If the mediator concludes settlement is unlikely, the mediator must end the session and promptly file a report stating that mediation requirements were met but no settlement was reached.

If the mediator determines that no settlement is likely to result from the mediation session, the mediator shall terminate the session and promptly thereafter file a report with the assigned Judge stating that there has been compliance with the requirements of mediation in accordance with the local rules, but that no settlement has been reached.

CRITICAL

Applies to

Affidavit of publication

Applicant/Solicitor must file an Affidavit of Publication together with proofs of advertising with the Prothonotary.

Applicant/Solicitor shall file an Affidavit of Publication, together with proofs of advertising, with the Prothonotary.

CRITICAL

Applies to

Mediation closing documents

The agreed memorandum or statement of no resolution, together with a petition to approve any agreement reached, must be filed with the Clerk of the Orphans’ Court.

The memorandum of principal terms agreed upon, or the statement of no resolution, together with a petition to approve any agreement reached by the parties shall be filed with the Clerk of the Orphans’ Court and a copy served on the presiding judge.

CRITICAL

Applies to

Bill of costs

A party seeking costs must file a bill of costs with an affidavit of correctness and serve a copy on all other parties.

A party entitled to costs shall file a bill of costs, accompanied by an affidavit as to correctness, with the Prothonotary, and serve a copy thereof upon all other parties.

CRITICALCriminal cases

Applies to

Treatment program verification and release

A person required to participate in treatment must provide monthly written verification and sign information releases with the service provider so the Pretrial Officer can verify attendance.

44. If I am required to participate in a treatment program of any kind, it is my responsibility to provide written verification of attendance, participation, and completion to my Pretrial Officer monthly. I also understand that I am required to sign releases of information with the service provider for the purpose of my Pretrial Officer verifying my attendance.

CRITICALCivil cases

Applies to

Request to participate by electronic means

A party or witness seeking to participate electronically in a child support, spousal support, or alimony pendente lite proceeding must file a written petition in the DRS.

All requests by a party or witness to participate by electronic means in a proceeding in an action in child support, spousal support or alimony pendente lite shall be made by written petition filed in the DRS.

CRITICAL

Applies to

Motion

An Authorized Representative wishing to cease involvement must immediately inform the Court in writing by filing a motion with the Orphans’ Court.

If Authorized Representative wishes to cease being involved in this or other cases, it shall inform the Court immediately in writing by filing a motion with the Orphans’ Court.

WARNINGCivil cases

Applies to

Domestic relations action

The caption in each new domestic relations action must identify the litigant who commenced the action as the Plaintiff.

Each new domestic relations action shall have a caption that identifies the litigant who commences the action as the Plaintiff

WARNING

Applies to

Written consent

If the natural parent consents to release of identity and residence information, the Authorized Representative should obtain written consent and file it with the Clerk.

If Requestor’s natural parent(s) consent to the release of his/her/their identity and present a place of residence to the Requestor-adoptee, Authorized Representative should obtain written consent from the natural parent(s) and file that consent with the Clerk of the Orphans’ Court.

WARNING

Applies to

Schedule of distribution

The Court may direct the accountant to file a schedule of distribution when requested, advisable, or when real estate is awarded in kind.

The Court in the adjudication, when requested or found advisable, or in any case when real estate is to be awarded in kind, may direct the accountant to file a schedule of distribution in conformity with the awards of the adjudication.

WARNINGCivil cases

Applies to

Court order

The court’s order appointing a divorce hearing officer must set hearing and pretrial-conference dates and times and a deadline for the non-moving party’s pretrial statements.

Upon the filing of the motion for appointment of a divorce hearing officer, the Court Administrator shall assign the hearing officer and the court shall issue an order that includes the following: (1) dates and times for a hearing and a pretrial conference; (2) a deadline for the filing and service of the non-moving party’s pretrial statements in conformity with Pa.R.C.P. 1920.33.

WARNING

Applies to

Joint case management plan

The judge may require the parties to participate in creating a joint case management plan to be submitted to the Court at the time of the status conference.

The judge may require the parties to participate in creating a joint case management plan to be submitted to the Court at the time of the status conference.

WARNING

Applies to

Guardianship petition

In an emergency guardianship proceeding, a petitioner may offer an expert report instead of testimony if a copy concerning incapacity is attached to the guardianship petition.

(a)(2) In an emergency guardianship proceeding, where a temporary guardian is sought pending a final hearing, an expert report may be offered in lieu of testimony, provided the petitioner(s) have attached a copy of the expert report concerning incapacity to the petition for guardianship.

WARNING

Applies to

Account

For the written-approval route to forwarding an Account to the Court, written approval from all affected interested parties must be attached to it.

If no objections are filed, or if a written approval of all interested parties who may be affected thereby is attached to the Account, then the Account shall be forwarded by the Clerk of the Orphans’ Court to the Court for approval.

INFO

Applies to

Withdrawal letter

If they cannot agree on compensation, Requestor may withdraw the request by filing a letter stating the withdrawal with the Clerk.

If Requestor and Authorized Representative cannot agree as to all aspects of compensation, Requestor may withdraw his/her Request for Adoption Information by filing a letter stating such with the Clerk of the Orphans’ Court.

INFO

Applies to

Praecipe

A party may file a praecipe stating a new address different from the address endorsed on a previously filed pleading.

(a) Praecipe. Any party may file with the Prothonotary a praecipe, which shall be noted upon the appearance docket and form part of the record in the case, setting forth a new address other than that appearing as an endorsement on a pleading theretofore filed.

INFO

Applies to

Paper filed after complaint

After the complaint, a paper's caption need only name the first party on each side and appropriately indicate the remaining parties.

The caption of any paper filed subsequent to a Complaint need only state the name of the first party on each side with an appropriate indication of the other parties.

INFO

Applies to

Index of exhibits

The index template directs users to attach additional pages as needed.

[Attach Additional Pages as Needed]

INFO

Applies to

Request for argument

The request-for-argument form prompts the filer to identify the motion, petition, or appeal and its filing date, the issues to be argued, and why argument is necessary.

REQUEST FOR ARGUMENT PURSUANT TO Pa.R.C.P. 211 requests argument on the following Motion, Petition or Appeal : , filed on , 20 . Issue(s) to be argued: Reason(s) why argument is necessary:

INFO

Applies to

Motion

For a case without a Case Management Order, a party may request a civil trial listing or arbitration hearing by motion to the Court.

A party may request a civil trial listing or an arbitration hearing for a case which does not have a Case Management Order by motion to the Court.

INFO

Applies to

Medical malpractice action filing

The rule suggests placing the designation “Medical Malpractice” beneath the case number in medical malpractice actions.

In medical malpractice actions, the designation "Medical Malpractice" shall appear beneath the case number. (This is suggested language and designation).