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Court Rules

Montgomery County Court of Common Pleas

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Courtesy Copies

Pretrial Statement

  • 1 copy • At Least 7 Days Before Pretrial Conference

Settlement Conference Statement, Exhibits

  • 1 copy

Adjournments

  • A stipulation extending any Case Management Order deadline must not be filed and has no effect if filed.
  • An extension of a deadline in a Case Management Order under this Rule or Local Rule 212.1(d)(4) may be obtained only by a Motion for Extraordinary Relief explaining the requested relief and why the deadline cannot be met despite diligent effort.
  • A request to extend the election deadline must follow the specified petition procedure and include a request for citation to the specified interested parties.
  • +2 more

Request must include

Reason for Request
2Working Daysnotice
  • Applications for continuances must be submitted to the Arbitration Administrator at least two working days before the hearing, and the Administrator may grant them.
Cases:
Filters:

Document Format Requirements19 rules

FormattingMandatoryCivil cases

The Cover Sheets required by Rule 208.3(b), 1028(c), 1034(a) and 1035.2(a) shall be as follows:

Formatting

  • Use the specified cover sheet forms for the Moving Party and Respondent
Rule 205-2-b 202309181004395723 AOD ADA · p. 1
|SectionRule 205.2(b). Cover Sheet
FormattingMandatoryCivil cases

All legal papers shall be presented for electronic filing in portable document format (“pdf”).

File type
PDF
Applies to
  • Legal paper
Rule 205 4 Electronic Filing and Service of Legal Papers 201309030936450243 AOD ADA · p. 1
|SectionRule 205.4*. Electronic Filing and Service of Legal Papers
FormattingMandatoryCivil cases

If a party seeks to except to the Recommendations of the Hearing Officer in Support, that party shall file Exceptions in substantially the form as set forth on the Court's website.

Rule 1910-12-f Exceptions to Recommendations of Hearing Officer in Support AOD ADA · p. 1
|SectionRule 1910.12(f)*. Exceptions to Recommendations of Hearing Officer in Support.
FormattingMandatory

***DOCUMENTS MUST BE ASSEMBLED ACCORDING TO THE ORDER ON THIS CHECKLIST***

Montgomery County OC rules 2016 0 AOD ADA · p. 6
|SectionMontgomery County Orphans’ Court Checklist – Schedule of Distribution
FormattingMandatory

Electronically filed legal papers and exhibits must be PDFs; paper-filed legal papers must be converted to PDF, which the Clerk must maintain.

Court's wording

Legal papers and exhibits to be filed by electronic filing shall be filed in portable document format (.pdf or "PDF"). Any legal paper submitted to the Clerk of the Orphans' Court as a paper filing shall be converted to PDF and the Clerk of the Orphans' Court shall maintain the legal paper in PDF format.

Montgomery County OC rules 2016 0 AOD ADA · p. 14
|SectionLocal Rule 4.7A. - Electronic Filing
FormattingMandatory

Each exhibit must be a separate PDF associated with the same filing and docket entry as the legal paper.

Court's wording

Each exhibit to a legal paper shall be filed as a separate PDF document but as part of the same docket entry filed electronically, each exhibit shall be uploaded by the filing party as a separate PDF document, associated with the same filing as the legal paper.

Montgomery County OC rules 2016 0 AOD ADA · p. 14
|SectionLocal Rule 4.7A. - Electronic Filing
FormattingMandatory

For a documentary exhibit or photograph larger than 8½ by 11 inches, the proponent must ensure that a copy reduced to 8½ by 11 inches or smaller is entered into the record.

Court's wording

In compliance with Pa.R.J.A. 5103 (a) and (b), if a proponent offers into evidence a documentary exhibit or photograph that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that a copy of the document or photograph reduced to 8-1/2 x 11 inches (or smaller) is entered into the record.

Amended Local Rule of Judicial Administration 5104 202410181253511346 AOD ADA · p. 1
|SectionStandards for the Reproduction of Oversized or Voluminous Documentary Exhibits or Photographs
FormattingMandatory

If a proponent offers into evidence a non-documentary exhibit, the proponent shall provide a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit which will be made a part of the record.

Amended Local Rule of Judicial Administration 5104 202410181253511346 AOD ADA · p. 1
|SectionStandards for the Maintenance and Security of Bulky or Oversized Non-Documentary Exhibits During and After Court Proceedings
FormattingMandatory

A proponent shall ensure that an exhibit in a digital format entered into the record is in a format acceptable to the court.

FormattingMandatoryCivil cases

The motion and order shall be in the form prescribed by Pa.R.C.P. 1920.74(a) and (b).

Rule 1920-51 --f 202505191454321300 0 AOD ADA · p. 1
|Section(1) Motion to Commence Equitable Distribution Scheduling
FormattingMandatoryCriminal cases

The issuing authority's warrant of arrest shall be the exclusive form for use by a police officer to issue a receipt for fines and costs or collateral accepted by the police officer where the defendant has been found.

Rule 431(E)-(R) Procedure when Defendant Arrested with Warrant 201309030952021728 AOD ADA · p. 2
|SectionRule 431*(E)-(R). Procedure when Defendant Arrested with Warrant
FormattingMandatoryCriminal cases

A Petition for Termination of Probation may be filed in form substantially similar to that set forth in Rule *709.

Rule 710 Termination of Probation 201309030952030009 AOD · p. 1
|SectionRule *710. Termination of Probation
FormattingMandatory

Briefs and memoranda of law shall be typewritten, printed or otherwise duplicated

FormattingImportantCivil cases

If the petitioner and respondent agree that no discovery on the petition is required or that all such discovery and supplemental briefing have been completed, then either party may file an Argument Praecipe in the following form: See Form Argument Praecipe

Applies to
  • Argument praecipe

Formatting

  • Use the referenced Argument Praecipe form when filing
FormattingImportantCriminal cases

The defendant or defense counsel may make an audio recording of the proceeding only. The defendant or defense counsel may not make a video recording of the proceeding.

Formatting

  • Only audio recording of the proceeding is permitted
  • Video recording of the proceeding is prohibited
FormattingImportant

A proponent who provides a photograph of a non-documentary exhibit shall ensure that the photograph is clear and capable of further reproduction or transfer to digital media.

Amended Local Rule of Judicial Administration 5104 202410181253511346 AOD ADA · p. 1
|SectionStandards for the Maintenance and Security of Bulky or Oversized Non-Documentary Exhibits During and After Court Proceedings
FormattingImportant

A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.

Amended Local Rule of Judicial Administration 5104 202410181253511346 AOD ADA · p. 1
|SectionStandards for the Reproduction of Oversized or Voluminous Documentary Exhibits or Photographs
FormattingImportantCivil cases

similar to that of petitions for distribution required by the Orphans’ Court to be presented at the audit of accounts in that Court.

Rule1534AccountsofFiduciariesNotice 201309030950236078 AOD ADA · p. 1
|SectionRule 1534*. Accounts of Fiduciaries—Notice
FormattingImportantCivil cases

Any plans submitted with the return of record shall be no larger than 8 1/2" × 11".

Rule 14 Zoning Appeals AOD ADA · p. 2
|SectionRule 14. Land Use Appeals: Zoning, Subdivision and Land Development — Record on Appeal

Document Filing Requirements203 rules

Filing RequirementsMandatoryCivil cases

In accordance with Pa.R.C.P. 1910.12, if a party seeks to designate a support matter as complex, that party shall file a Motion to Designate Case as Complex in substantially the form as set forth on the Court's website.

Rule 1910-12-c Motion to Designate Support Case as Complex AOD ADA · p. 1
|SectionRule 1910.12(c)*. Motion to Designate Support Case as Complex.
Filing RequirementsMandatoryCivil cases

A praecipe transferring a case to inactive status must use the prescribed form, including a caption, the specified request, and a certificate of service.

Document
Inactive status praecipe

Must include

  • Caption
  • Certificate of service

Court's wording

The praecipe shall be in the following form: "[Caption] PRAECIPE TO TRANSFER INACTIVE STATUS TO THE PROTHONOTARY: Transfer the above-captioned matter to inactive status in accordance with Montgomery County Local Rule of Civil Procedure 1041.1*(5). ________________________________________ Attorney for Plaintiff [Certificate of Service]*"

Rule 1041 1 Asbestos Litigation - Special Provisions 201309030936479306 0 AOD ADA · p. 1
|SectionRule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(C)
Filing RequirementsMandatoryCivil cases

The moving party must submit a proposed order in the prescribed form for transfer to inactive status.

Court's wording

The moving party's proposed order shall be in the following form: ORDER AND NOW, this ___ day of __________, ___, IT IS ORDERED that the above-captioned matter is transferred to inactive status in accordance with Montgomery County Local Rule of Civil Procedure 1041.1*(5). BY THE COURT: ________________________________________ J.

Rule 1041 1 Asbestos Litigation - Special Provisions 201309030936479306 0 AOD ADA · p. 2
|SectionRule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)
Filing RequirementsMandatoryCivil cases

The argument court coversheet shall request a rule return day in accordance with Montgomery County Local Rule of Civil Procedure 208.3(b)(1).

Rule 1041 1 Asbestos Litigation - Special Provisions 201309030936479306 0 AOD ADA · p. 2
|SectionRule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)
Filing RequirementsMandatoryCivil cases

Certificates of service shall indicate the name and address of counsel or the parties on which service has been made. A certificate of service "on all parties", or "on all counsel of record" without stating who they are, does not establish service on anyone.

Document
Certificate
Placement
Certificate section

Must include

  • Certificate of service
Rule 1041 1 Asbestos Litigation - Special Provisions 201309030936479306 0 AOD ADA · p. 3
|SectionRule 1041.1. Asbestos Litigation—Special Provisions
Filing RequirementsMandatoryCivil cases

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

Should include

  • Certificate of service
Rule 1041 1 Asbestos Litigation - Special Provisions 201309030936479306 0 AOD ADA · p. 3
|SectionRule 1041.1. Asbestos Litigation—Special Provisions
Filing RequirementsMandatoryCivil cases

(3) Copies of counsel's time sheets and other supporting documentation showing the nature and extent of services rendered, if counsel is claiming fees in excess of 25%.

Local Rule 2039a-Minor s Compromise 202103190836487770 AOD · p. 1
|SectionContents of Petition, Exhibits, and Proposed Decree[s]
Filing RequirementsMandatoryCivil cases

A settlement-approval petition must include the specified minor and guardian details, facts, damages, expenses, defendant liability limits, lien information, counsel fees, the minor’s health and injuries, and other relevant circumstances.

Court's wording

A petition for approval of settlement shall set forth: (1) The date of birth, last four digits of the social security number, and address of the minor plaintiff, the name and address of the minor's parent(s) or guardian(s); (2) The facts out of which the cause of action arose; (3) The elements and items of damages sustained; (4) A list of all expenses incurred or to be incurred, whether or not they have been paid, by whom payment was made, and arrangements for payment of unpaid bills; (5) Any limits on the financial responsibility of the defendant(s); (6) A statement as to whether or not a lien or claim has been raised on behalf of any health care supplier, medical supplier, health insurer, worker's compensation carrier or government entity, including the Department of Public Welfare; (7) The fees of counsel, which shall not exceed 25% of the present value of a structured settlement, or 25% of the gross recovery of any other settlement, unless counsel has rendered extraordinary services; (8) The present status of the minor's health and injuries; and (9) Any other circumstances relevant to the propriety of granting the petition.

Local Rule 2039a-Minor s Compromise 202103190836487770 AOD · p. 1
|SectionContents of Petition, Exhibits, and Proposed Decree[s]
Filing RequirementsMandatoryCivil cases

The petition must include a written report from attending providers about the injury, treatment, and prognosis, but qualifying settlements or cases where the Court is satisfied with the records may use those records instead.

Court's wording

The petition shall also contain the following exhibits: (1) A written report from attending health care providers stating the extent of the injury, the treatment given and the prognosis for the injured minor, except that in cases where the gross settlement does not exceed [$5,000] $25,000, or in other cases where the Court is satisfied that the treating physician's office notes and/or records set forth adequately the injury, the treatment given and the prognosis, such notes and/or records may be provided in lieu of a written report;

Local Rule 2039a-Minor s Compromise 202103190836487770 AOD · p. 1
|SectionContents of Petition, Exhibits, and Proposed Decree[s]
Filing RequirementsMandatoryCivil cases

(2) The written consent of the minor, if (s)he is sixteen (16) years of age or older;

Local Rule 2039a-Minor s Compromise 202103190836487770 AOD · p. 1
|SectionContents of Petition, Exhibits, and Proposed Decree[s]
Filing RequirementsMandatoryCivil cases

In any action where a civil suit has been initiated by writ of summons or complaint, the petition shall be filed with the Prothonotary under the caption of the civil suit. No motions court cover sheet is required. In any action where no civil suit has been initiated, the petition shall be filed with the Clerk of the Orphans' Court under the caption “ABC, a minor.”

Filing RequirementsMandatoryCivil cases

The Affidavit shall be substantially in the following form:

Filing RequirementsMandatoryCivil cases

Covered motions must include a cover sheet in the prescribed form and a proposed order, plus a brief or memorandum unless the motion adequately states its legal basis.

Document
Motion

Must include

  • Proposed order

Court's wording

Allsuch motions shall be faced with a cover sheet of the moving party in the form set forth in Local Rule 205.2(b) and shall be accompanied by the moving party’s party's proposed order and, unless the legal legal basis for the motion is adequately set set forth in the motion itself, a brief brief or memorandum of law.

Rule 208 3(b) 202405221408277455 AOD ADA · p. 1
|SectionRule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (1) Filing
Filing RequirementsMandatoryCivil cases

and shall promptly file a certification that the motion and the rule return date were served upon the client, in substantially the following form: See Form Certificate of Service If such a certificate is not filed prior to the return date, then the motion shall be stricken without prejudice.

Rule 208 3(b) 202405221408277455 AOD ADA · p. 1
|SectionRule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (3) Motions to Withdraw as Counsel
Filing RequirementsMandatoryCivil cases

The respondent must file an answer by the return day even if there are no contested factual issues, accompanied by the prescribed cover sheet, a brief or memorandum of law, and a proposed order.

Document
Motion answer

Must include

  • Proposed order

Court's wording

On or before the return day, the respondent shall file an answer to the motion, even if there are no contested issues of fact. The answer shall be faced with the respondent’s cover sheet in the form set forth in Rule 205.2(b) and shall be accompanied by a brief or memorandum of law as set forth in Local Rule 210 and a proposed order.

Rule 208 3(b) 202405221408277455 AOD ADA · p. 2
|SectionRule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (5) Response
Filing RequirementsMandatoryCivil cases

As provided by Pennsylvania Rule of Civil Procedure 1018.1, the following office is designated to be named in the Notice to Defend prescribed by that rule as the office from which advice on where to get legal help can be obtained.

Rule 1018 1 Notice to Defend - Office to be Contacted 201309030936475400 AOD ADA · p. 1
|SectionRule 1018.1*. Notice to Defend -- Office to be Contacted
Filing RequirementsMandatoryCivil cases

Pursuant to Pa.R.C.P. 212.2(a)(7), the pre-trial statement shall include the following additional information: (i) the estimated length of trial; (ii) any scheduling problems; (iii) any special evidentiary issues; (iv) a realistic settlement offer or demand.

Filing RequirementsMandatoryCriminal cases

Petitions for parole or a change of sentence must contain the sentence verbatim, sentencing judge’s name, case history, detailed criminal record, reasons for the application, employment and employer-letter information, proposed residence, and a signed warden statement about the defendant’s deportment.

Court's wording

All petitions for parole or change of sentence shall contain the following: (1) The sentence of the Court verbatim; (2) The name of the Sentencing Judge; (3) A detailed history of the case; (4) The prior criminal record of the defendant, in detail; (5) Succinct statement of the reasons for making the application; (6) Employment open to defendant, accompanied by a letter from the defendant’s proposed employer stating the wages the defendant will receive, if the application should be granted; (7) Where defendant proposes to reside; and (8) A signed statement by the warden of the defendant’s deportment.

Rule 709 Paroles and Changing of Sentence 201309030952028916 AOD · p. 1
|SectionRule *709. Paroles and Changing of Sentence
Filing RequirementsMandatoryCivil cases

The Mediator is prohibited from asking the parties to sign any drafted Memorandum of Understanding or agreement.

Filing RequirementsMandatoryCivil cases

An agreement is not binding unless and until it is subsequently incorporated into a writing signed by the parties.

Court's wording

In no event shall any agreement, whether reflected in the Memorandum of Understanding or otherwise, be binding on the parties unless and until it is subsequently incorporated into writing signed by the parties.

Filing RequirementsMandatoryCivil cases

the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a non-binding Memorandum of Understanding setting forth the terms of the parties’ agreement.

Filing RequirementsMandatoryCivil cases

Cases shall be placed on the general civil trial list only upon receipt of a praecipe for civil trial certifying readiness for trial or upon order of the Court.

Filing RequirementsMandatoryCivil cases

The moving party shall include a cover sheet and a proposed order. The cover sheet must state that counsel have conferred in a good faith effort to resolve the discovery dispute.

Document
Discovery motion

Must include

  • Proposed order
Rule 4019-1 -- 202505191437588543 AOD ADA · p. 1
|SectionRule 4019.1 Family Discovery Hearing Officer
Filing RequirementsMandatoryCivil cases

If the motion is resolved amicably prior to the [return] argument date, the motion shall either be withdrawn or a stipulated order shall be submitted to the Family Discovery Hearing Officer for submission to the signing Judge.

Rule 4019-1 -- 202505191437588543 AOD ADA · p. 1
|SectionRule 4019.1 Family Discovery Hearing Officer
Filing RequirementsMandatoryCivil cases

A written withdrawal of appearance shall be required when counsel is removing himself or herself from an action.

Rule 1012 Entry and Withdrawal of Appearance AOD ADA · Jun 2026 · p. 1
|SectionRule 1012*. Entry and Withdrawal of Appearance.
Filing RequirementsMandatoryCivil cases

An attorney may not represent a party in the covered proceedings until a written entry of appearance is filed or the attorney's name appears on the docket under subsection (a).

Court's wording

No attorney shall represent the interest of a party to any civil action in the Court or before a Domestic Relations Hearing Officer, or special Hearing Officer or Conciliator appointed by the Court unless or until the attorney files a written entry of appearance, or until said attorney's name appears of record on the docket per section (a) above.

Rule 1012 Entry and Withdrawal of Appearance AOD ADA · Jun 2026 · p. 1
|SectionRule 1012*. Entry and Withdrawal of Appearance.
Filing RequirementsMandatoryCivil cases

Whenever any attorney changes his or her address, it shall be the duty of said attorney to notify immediately the Court Administrator of Montgomery County in writing of such change.

Rule 1012 Entry and Withdrawal of Appearance AOD ADA · Jun 2026 · p. 1
|SectionRule 1012*. Entry and Withdrawal of Appearance.
Filing RequirementsMandatoryCivil cases

All preliminary objections shall be filed: (a) in accordance with Pa.R.C.P. 1028, (b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service.

Document
Preliminary objections

Must include

  • Proposed order
  • Certificate of service
Filing RequirementsMandatoryCivil cases

A motion for judgment on the pleadings must include a Rule 205.2(b) cover sheet, a Rule 210 brief or memorandum, a proposed order, and a certificate of service.

Document
Motion for judgment on the pleadings

May include

  • Proposed order
  • Certificate of service

Court's wording

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may file a motion for judgment on the pleadings: (a) in accordance with Pa.R.C.P. 1034, (b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service

Filing RequirementsMandatoryCivil cases

The Petition must state one of the four listed averments concerning the alleged incapacitated person's counsel or request for counsel.

Court's wording

In addition to the contents itemized in Rule 14.2(a), the Petition shall also set forth one of the following averments: (i) That petitioner is aware that counsel has been retained by the alleged incapacitated person and the identity of such counsel; (ii) That petitioner is unaware of any counsel representing the alleged incapacitated person and reasonably believes that counsel should be appointed; (iii) That the petitioner is aware that the alleged incapacitated person has requested appointment of counsel; or (iv) That the petitioner has no knowledge regarding whether the alleged incapacitated person is represented or has requested appointment of counsel.

Filing RequirementsMandatoryCivil cases

A Professional Guardian must meet the listed certification requirements, including Center certification and completion of the National Certified Guardian Exam by January 1, 2020.

Court's wording

Every “Professional Guardian”, as defined in paragraph (3) of this Local Rule, shall comply with the following Certification Requirements for Professional Guardians: (a) become certified by the Center for Guardianship Certification on or before January 1, 2020, including: i. meeting all minimum eligibility requirements for certification which are set by the Center for Guardianship Certification including, but not limited to, submitting to a criminal background check, ensuring proof of work experience, and verifying proof of educational experience; and ii. successfully completing the National Certified Guardian Exam on or before January 1, 2020.

Filing RequirementsMandatoryCivil cases

If not identified in the initial Petition for Adjudication of Incapacity and Appointment of a Guardian, any proposed guardian shall provide the information required in Rule 14.2(b) to the Court at or prior to the hearing, including the certified response to a Pennsylvania State Police criminal record check issued within six months prior to the date provided to the Court.

Filing RequirementsMandatoryCivil cases

When a Professional Guardian is an entity, the principal of the entity and the person or persons to have direct responsibility for the alleged incapacitated person shall comply with the requirements of paragraph (2) of this Local Rule;

Filing RequirementsMandatoryCivil cases

file evidence of current certification with the Court as an exhibit to a consent to serve as guardian in any case commenced after January 1, 2020;

Filing RequirementsMandatoryCivil cases

The petitioner must attach any available expert report evaluating the alleged incapacitated person's capacity to the Petition.

Court's wording

In addition to the exhibits specified in Rule 14.2(c), Petitioner shall attach to the Petition for Adjudication of Incapacity the following: (5) Any expert report evaluating the capacity of the alleged incapacitated person, if available at the time of the filing of the Petition.

Filing RequirementsMandatoryCivil cases

maintain certification through recertification every two (2) years, as required by the Center for Guardianship Certification;

Filing RequirementsMandatoryCivil cases

An affidavit of excuse must state whether in-person attendance would be harmful and whether video-conference participation would be harmful or possible.

Court's wording

Any such affidavit of excuse shall specify whether it would be harmful for the incapacitated person to attend the hearing in person and whether it would be harmful or possible for the incapacitated person to participate in the hearing by video conference from his or her residence or other location.

Filing RequirementsMandatoryCivil cases

the petitioner must include an averment explaining why the report cannot be attached

Filing RequirementsMandatoryCivil cases

The specified county and municipal bodies, school directors, and a property owner who is not the appellant may intervene as of course by entering a written appearance.

Document
Intervention

Include

  • Written appearance

Court's wording

In every appeal from a real estate assessment filed by the Board for the assessment and revision of taxes, the Board of Commissioners of Montgomery County, the governing body of the municipality and the Board of School Directors of the school district in which the real estate is situated, and the property owner, if the property owner is not the appellant, may intervene as of course, by entering a written appearance.

Rule 2232(c)(1) Interveners in Zoning and Real Estate Assessment Appeals 201309030949499975 AOD ADA · p. 1
|SectionRule 2232(c)(1). Interveners in Zoning and Real Estate Assessment Appeals
Filing RequirementsMandatoryCivil cases

The initial hearing statement must include the listed financial, support, separation, tax-return, and counsel-fee information and supporting materials.

Court's wording

an initial hearing statement shall be filed which shall include the following: (a) A statement of all marital and non-marital assets with verification of values, indicating date of valuation used. (b) Summary of all marital and non-marital liabilities indicating dates of valuation. (c) Verification of any post-separation payment of marital debt. (d) An expense statement in the form provided in subsection (4). (e) Verification of current gross and net income in the following form: [See Form] (f) The last two filed federal and state income tax returns. (g) All present or past spousal support, alimony, pendente lite or child support orders between the parties and any presently existing alimony or child support order involving either party separately and verification of any arrearages. (h) The date of the parties' separation. (i) Verification of counsel fees costs and expenses, if claimed.

Rule 1920 33(f) 202406050935226870 Initial Hearing Statement AOD ADA · p. 1
|SectionRule 1920.33(f). Initial Hearing Statement – Pre-Trial Statement – Sanctions
Filing RequirementsMandatoryCivil cases

each party shall file the pre-trial statement, in the form required by subdivision (b) of this rule.

Rule 1920 33(f) 202406050935226870 Initial Hearing Statement AOD ADA · p. 1
|SectionRule 1920.33(f). Initial Hearing Statement – Pre-Trial Statement – Sanctions
Filing RequirementsMandatoryCivil cases

For execution against real estate, a description of the real estate must be provided to the Prothonotary for attachment to the writ.

Court's wording

(2)Description of real estate to Prothonotary. If the execution is against real estate the Prothonotary shall be provided with a description of the real estate, which he shall attach to the writ of execution.

Rule 3251(a) Praecipe for Writ of Execution 201710250757418047 AOD ADA · p. 1
|SectionRule 3251*(a). Praecipe for Writ of Execution; Money Judgement; Content
Filing RequirementsMandatoryCivil cases

(1)Statement whether writ is against real property or personal property, or both; certification whether exemption has been waived.

Rule 3251(a) Praecipe for Writ of Execution 201710250757418047 AOD ADA · p. 1
|SectionRule 3251*(a). Praecipe for Writ of Execution; Money Judgement; Content
Filing RequirementsMandatoryCivil cases

At the orientation session, the mediator must inform the parties in writing of the following: (1) the costs of mediation; (2) the process of mediation; (3) that the mediator does not represent either or both of the parties; (4) the nature and extent of any relationships with the parties and any personal, financial or other interests that could result in a bias or conflict of interest; (5) that mediation is not a substitute for the benefit of independent legal advice; and (6) that the parties should obtain legal assistance for drafting or reviewing any agreement.

Filing RequirementsMandatoryCivil cases

No judgment shall be satisfied by or on the order of any attorney-at-law unless such attorney shall have first entered an appearance for the plaintiff.

Filing RequirementsMandatoryCivil cases

If not already filed and submitted, no later than ten (10) days prior to the Initial Conference, the parties shall file and submit an Initial Conference Memorandum setting forth: (a) basic information about the matter; (b) an inventory consistent with Pa. R.C.P. 1920.75; and (c) any discovery request(s).

Filing RequirementsMandatoryCivil cases

A time-stamped copy of the filed Praecipe to Transmit / Motion for Grounds Order shall be served upon the assigned Hearing Officer and the other party and proof thereof via a Certificate of Service shall be filed with the Prothonotary and provided to the Hearing Officer.

Document
Praecipe to transmit motion for grounds order

Must include

  • Certificate of service
Rule 1920-54--d Hearing by Hearing Officer AOD ADA · p. 2
|SectionPraecipe to Transmit / Motion for Grounds Order
Filing RequirementsMandatoryCivil cases

A Praecipe to Transmit / Motion for Grounds Order shall indicate the estimated time of trial, witnesses, and that discovery is complete.

Rule 1920-54--d Hearing by Hearing Officer AOD ADA · p. 2
|SectionPraecipe to Transmit / Motion for Grounds Order
Filing RequirementsMandatoryCivil cases

A Certificate of Service shall be filed with the Prothonotary.

Must include

  • Certificate of service
Filing RequirementsMandatoryCivil cases

The Hearing Officer shall file a Report and Recommendation in accordance with Pa.R.C.P. 1920.53, 1920.54 and 1920.55-2(a)(1), (2).

Filing RequirementsMandatoryCriminal cases

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.

Rule 507 Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth 201309030952022822 AOD · p. 2
|SectionRule 507*. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth

Filing & Service rules

Electronic Filing Rules

Electronically filed legal papers must be submitted through the Prothonotary’s Electronic Filing System, and counsel and unrepresented parties must apply for login credentials to access it.

All legal papers that are filed electronically shall be filed through the Prothonotary’s Electronic Filing System (“Electronic Filing System”) which shall be accessible through the Montgomery County Prothonotary’s website, www.montcopa.org/prothy. To obtain access to the Electronic Filing System, counsel and any unrepresented party must apply to the Prothonotary’s Office for a User Name and Password.

Civil cases

Page 1 | Rule 205.4*. Electronic Filing and Service of Legal Papers

Electronic filing is permitted in Montgomery County through PACFile, the exclusive electronic filing system.

electronic filing of legal papers through the PACFile electronic filing system is permissive in Montgomery County, the 38th Judicial District, as of January 1, 2017.

Criminal cases

Page 1 | General Scope and Purpose of the Rule; PACFile; Legal Papers

Amicus briefs and other third-party filings may not be filed electronically.

Third party filing of amicus briefs or other third party filings shall not be permitted to be filed electronically.

Criminal cases

Page 1 | Legal Papers

The Clerk must accept and retain paper filings, convert them to PDF, and add them to the system unless the filings are excluded from electronic filing.

Any legal paper submitted for filing to the Clerk of Courts in a paper (or ‘hard-copy’) format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of Court and record retention policies. The Clerk of Courts shall convert such hard-copy legal paper to pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C) and this rule.

Criminal cases

Page 2 | Legal Papers

Legal papers required to be filed electronically must be filed through the Clerk of the Orphans’ Court Electronic Filing System at the designated website.

All legal papers to be filed electronically shall be filed through the Clerk of the Orphans’ Court Electronic Filing System which shall be accessible through the website of Montgomery County Courts, https://www.courtsapp.montcopa.org/ROWEfiling or at such other website as may be designated from time to time.

Page 15 | (d) Website, Access to Website and Filing Date

Counsel and unrepresented parties must register, provide a valid email address, and expressly consent to receive official notices, orders, and decrees by email to obtain system access.

To obtain access to the Electronic Filing System, counsel and any unrepresented party must register with a User Name and Password and must provide a valid e-mail address to which official notices will be sent, and must expressly consent to the receipt of official notices, orders and decrees from the Clerk of the Orphans’ Court at the e-mail address or addresses provided.

Page 15 | (d) Website, Access to Website and Filing Date

Transcripts and associated documents must be scanned electronically and transmitted to the Clerk of Courts in digital format instead of sending the physical documents.

The transcript and any associated documents shall be electronically scanned and transmitted to the Clerk of Courts in digital format in lieu of transmitting the physical paper transcript and associated documents.

Criminal cases

Page 1 | Rule 460(e). Notice of Appeal; Transmittal of Transcript and Associated Documents

The transcript and associated documents must be scanned electronically and transmitted to the Clerk of Courts in digital format instead of sending the physical documents.

The transcript and any associated documents shall be electronically scanned and transmitted to the Clerk of Courts in digital format in lieu of transmitting the physical paper transcript and associated documents.

Criminal cases

The Prothonotary converts hard-copy legal papers to PDF, maintains them in that format, and returns the paper copy for retention under the cited rule.

As authorized by Pa.R.C.P. No. 205.4(b)(1), in the event any legal paper is submitted to the Prothonotary in a hard-copy format, the Prothonotary shall convert such legal paper to pdf and maintain it in that format. The Prothonotary shall return the hard-copy legal paper to the filing party for retention as required by Pa.R.C.P. No. 205.4(b)(4).

Civil cases

Page 1 | Rule 205.4*. Electronic Filing and Service of Legal Papers

The Clerk of the Orphans’ Court must provide electronic filing access at all times.

As required by the Supreme Court Orphans’ Court Rule 4.7(d)(2), the Clerk of the Orphans’ Court shall provide electronic filing access at all times.

Page 15 | (d) Website, Access to Website and Filing Date

Electronic filing and electronic service of legal papers are permitted subject to the Local Rule.

The Montgomery County Court of Common Pleas hereby permits the electronic filing of legal papers and the electronic service of such papers, under the terms described in this Local Rule.

Civil cases

Page 1 | Rule 205.4*. Electronic Filing and Service of Legal Papers

Exhibits may be e-filed with the record office if e-filing is available and the custodian receives them electronically.

Exhibits may be e-filed with the record office, if available, and if provided to the custodian in electronic format.

Page 1 | Standards for Filing of Exhibits with the Records Office

The Clerk must accept legal papers and exhibits either on paper or electronically through the county Orphans’ Court Electronic Filing System.

Effective January 6, 2014, the Clerk of the Orphans' Court of Montgomery County shall accept all legal papers and exhibits either by paper filing or by electronic filing through the Clerk of the Orphans' Court of Montgomery County Electronic Filing System ("Electronic Filing System").

Page 14 | Local Rule 4.7A. - Electronic Filing

Filing Timing and Cure Windows

Plaintiffs must, within the applicable four-month period, elect to pursue medical monitoring or transfer the case to inactive status.

Within four months of the effective date of this subsection with respect to asbestos cases pending on the effective date, and within four months after the filing of each asbestos case filed after the effective date of this Rule, plaintiff in each such case shall either elect to pursue a claim for medical monitoring, or transfer the case to inactive status.

Civil cases

Page 1 | Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(A)

Responses must be filed by the rule’s returnable time and served on all counsel and the appointed judicial officer.

Responses shall be filed at or before the time the rule is returnable, and shall be served on all counsel and on the appointed judicial officer assigned to asbestos litigation.

Civil cases

Page 2 | Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)

After the applicable four-month period, a defendant asserting that a case falls under Simmons v. Pacor must file a motion to transfer it to inactive status with the Prothonotary.

Anytime after the expiration of four months from the effective date of this subsection with respect to asbestos cases pending on that date, and anytime after four months from the commencement of any action commenced after the effective date of this subsection, any defendant who asserts that any case should be transferred to inactive status because it falls within the rule of Simmons v. Pacor, Inc., supra., shall file with the Prothonotary, a Motion to Transfer to Inactive Status.

Civil cases

Page 2 | Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)

After approval of a settlement involving a minor, file the Affidavit of Deposit of Minor’s Funds with the division where the petition was filed within 30 days of the approval order.

When a settlement in which a minor has an interest is approved by the Court, an Affidavit of Deposit of Minor's Funds shall be filed with the division of the Court where the petition was filed within 30 days of the date of the order approving the settlement.

Civil cases

Page 2 | Affidavit of Deposit

For motions not excepted, the Court Administrator must promptly set a return day at least 20 days after filing, and the moving party must promptly serve the motion and return-day cover sheet on the respondent.

Exceptingmotions for sanctions or contempt of a prior court order and other motions that are to be scheduled for a hearing or that are to be forwarded to a Judge upon filing, the Court Administrator shall fix promptly a return day which shall not be less than twenty (20) days from the date of filing of said motion, and the moving party shall forthwith serve the respondent with a copy of the motion and the cover sheet indicating the return day thereon.

Civil cases

Page 1 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (2) Listing

The respondent must file an answer to the motion on or before the return day, even when no factual issues are contested.

On or before the return day, the respondent shall file an answer to the motion, even if there are no contested issues of fact.

Civil cases

Page 2 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (5) Response

A party objecting to the Recommendations must file an original of the Objections and a Record Hearing request within five days after service of the Summary and Recommendations.

a party objecting to the Recommendations must file with the Prothonotary an original of their Objections and a request for a Record Hearing before the Court within five (5) days of service of the Summary and Recommendations together with a Proof of Service upon all parties and the Parenting Coordinator.

Civil cases

Page 1 | Objections to Parenting Coordinator's Recommendation(s) and a request for a Record Hearing

The Parenting Coordinator must file the Summary and Recommendations with the Prothonotary within two days after the last communication with the parties on the issues.

Parenting Coordinator shall file their Summary and Recommendations with the Prothonotary within two (2) days after the last communication with the parties on the issues in accordance with Pa.R.C.P. 1915.11-1(f)(2).

Civil cases

Page 1 | Parenting Coordinator Recommendations

The Prothonotary must acknowledge receipt with the date and time, notify the filer of acceptance, and immediately provide specified information when a paper is not accepted or is refused.

Upon receipt of the legal paper, the Prothonotary shall provide the filing party with an acknowledgment, which includes the date and time the legal paper was received by the Electronic Filing System. The Prothonotary shall also provide the filing party with notice that the legal paper was accepted for filing. If a legal paper is not accepted upon presentation for filing or is refused for filing by the Electronic Filing System, the Prothonotary shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor.

Civil cases

Page 1 | Rule 205.4*. Electronic Filing and Service of Legal Papers

The complete writ package must reach the Sheriff before noon on the last day to file for the next monthly sale.

Where the writ directs the Sheriff to sell the real property of a defendantthethecompletewrit package must be received by the Sheriff before noon on the Last Day to File for the next monthly sale.

Civil cases

Page 1 | Rule 3105(a). Delivery of Writ

Each party must notify the Administrator in writing of its strike within ten days after the nomination list is mailed.

Each party shall then have the right to strike one attorney so nominated by notifying the Arbitration Administrator in writing within ten (10) days of the date of mailing of the list of nominations by the Arbitration Administrator.

Civil cases

Page 1 | Rule 1302*. List of Arbitrators. Appointment of Board. Oath

A party may request in writing, within ten days after the praecipe is filed, that the Administrator nominate five attorneys; opposing counsel must receive notice.

(b)Upon the request of any party in writing filed within ten (10) days of the filing of the praecipe for arbitration with notice to opposing counsel, the Arbitration Administrator shall nominate five attorneys from said list, three of whom shall have been admitted to the practice of law for at least eight years.

Civil cases

Page 1 | Rule 1302*. List of Arbitrators. Appointment of Board. Oath

An adverse party must give written notice of an arbitrability or panel-composition objection within ten days of the praecipe filing or mailing of notice of panel composition, and give notice to opposing counsel.

An adverse party may raise an objection as to whether the matter is arbitrable under these rules or as to the composition of the panel selected under (b) above by notifying the Arbitration Administrator in writing with notice to opposing counsel within ten (10) days of the filing of the praecipe or the mailing of notice of the composition of the panel.

Civil cases

Page 2 | Rule 1302*. List of Arbitrators. Appointment of Board. Oath

The matter must be referred to a judge for disposition within 45 days after preliminary objections are filed.

Forty-five (45) days from the filing of preliminary objections, the matter shall be referred to a Judge for disposition.

Civil cases

Page 1 | Disposition

If either party requests discovery on its cover sheet, discovery must be concluded within 45 days after preliminary objections are filed.

If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of preliminary objections.

Civil cases

Page 1 | Disposition

An arbitration case is added to the Arbitration Inventory promptly after the dispositive-motion deadline if no timely motion is filed, or after all timely motions are determined.

The Order shall provide that the action shall be added to the Court’s Arbitration Inventory promptly after the deadline for filing dispositive motions if no timely dispositive motion is filed or promptly after the determination of all timely filed dispositive motions.

Civil cases

Page 1 | (3) Arbitration Cases

A case appealed from an arbitration award is added to the Civil Trial Inventory approximately 90 days after the appeal is filed.

Upon the filing of an appeal from an arbitration award, the case shall be added to the Court’s Civil Trial Inventory approximately 90 days from the filing of the appeal.

Civil cases

Page 2 | (3) Arbitration Cases

In non-arbitration cases, the Case Management Order is issued approximately 60 days after commencement or transfer and sets discovery, expert-report, and dispositive-motion deadlines at approximately 18 to 21 months from commencement.

Approximately 60 days after the commencement of the action (or after the transfer of the action from another jurisdiction), the Court Administrator shall issue a Case Management Order setting deadlines for the close of fact discovery approximately 18 months from commencement; the service of Plaintiffs’ expert reports approximately 19 months from commencement; the service of Defendants’ and Additional Defendants’ expert reports approximately 20 months from commencement; and the filing of dispositive motions approximately 21 months from commencement.

Civil cases

Page 2 | (4) Non-Arbitration Cases

Any other party may file a response to a special-management motion within 15 days after the motion is filed.

Any other party may file a response within 15 days of the filing of the Motion.

Civil cases

Page 2 | (6) Special Management Cases

A party may file a motion for judgment on the pleadings after the pleadings close, so long as filing it will not unreasonably delay trial.

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may file a motion for judgment on the pleadings: (a) in accordance with Pa.R.C.P. 1034, (b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service

Civil cases

Page 1 | Filing

If the petitioner intends to file an affidavit of excuse that is unavailable when the petition is filed, the affidavit must be filed with the Clerk of the Orphans’ Court at least ten days before the hearing.

If the petitioner intends to file such an affidavit of excuse and it is not available at the time the petition is filed, such affidavit of excuse shall be filed with Clerk of the Orphans’ Court at least ten (10) days prior to the hearing.

Civil cases

Page 3 | Rule 14.2. Petition

The Initial Conference Memorandum must be filed and submitted no later than 10 days before the Initial Conference.

If not already filed and submitted, no later than ten (10) days prior to the Initial Conference, the parties shall file and submit an Initial Conference Memorandum setting forth: (a) basic information about the matter; (b) an inventory consistent with Pa. R.C.P. 1920.75; and (c) any discovery request(s).

Civil cases

Page 1 | Initial Conferences

Either party may file objections to a recommended discovery order within 20 days after its issuance, after which the matter is scheduled before the assigned Family Court Judge.

Following the issuance of the recommended order regarding any discovery dispute, either party may thereafter file objections to the discovery order within twenty (20) days and the matter shall be scheduled before the assigned Family Court Judge for disposition.

Civil cases

Page 1 | Initial Conferences

Objections to a recommended discovery order must be filed within 20 days; if none are filed within that period, the recommended order becomes an order of the court.

Following the issuance of the recommended order regarding the discovery dispute, either party may thereafter file objections to the discovery order within twenty (20) days and the matter shall be scheduled before the assigned Family Court Judge for disposition. In the event that no objections are filed to the recommended discovery order within twenty (20) days, the recommended discovery order shall become an order of the court.

Civil cases

Page 2 | Discovery

The hard copy of the Settlement Conference Statement and referenced exhibits must reach the Hearing Officer no later than 10 days before the Settlement Conference.

(h) A hard copy of the Settlement Conference Statement and all referenced Exhibits shall be delivered to the Hearing Officer no later than ten (10) days prior to the Settlement Conference.

Civil cases

Page 2 | Settlement Conference

A party may prevent termination by filing a Statement of Intention to Proceed with the Prothonotary at the stated address by the date specified in the notice.

You may stop the court from terminating the case by filing a Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with the Prothonotary of the Court at COUNTY OF MONTGOMERY, OFFICE OF THE PROTHONOTARY, P.O. BOX 311, COURTHOUSE, NORRISTOWN, PA 19404-0311, on or before . Date

Civil cases

Page 2 | Local Rule of Judicial Administration 1901*. Termination of Inactive Cases.

Discovery on factual issues raised by the petition and answer must be completed within 45 days after the Rule to Show Cause Order.

Any depositions or other discovery on factual issues raised by the petition and answer shall be concluded within forty-five (45) days from the date of the Rule to Show Cause Order.

Civil cases

Page 1 | Discovery

The respondent must file an answer within the time stated in the Rule to Show Cause.

Within the time stated in the Rule to Show Cause, the respondent shall file an answer to the petition.

Civil cases

Page 1 | Response

Supplemental briefs addressing facts elicited through discovery must be filed within 60 days after the Rule to Show Cause Order.

Any supplemental briefs addressing facts elicited through such discovery shall be filed within sixty (60) days from the date of the Rule to Show Cause Order.

Civil cases

Page 1 | Discovery

Objections to an unconfirmed schedule must be filed with the clerk no later than the 20th day after the schedule was filed.

Objections to unconfirmed schedules of distribution shall be filed with the clerk, and may be filed not later than the twentieth (20th) day after the schedule was filed.

Page 8 | Local Rule 2.9A(c) - Objections

After May 1 of each year, a surety company may not execute a bond until it files with the clerk the certificate issued after March 31 of that year.

Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the clerk, and that no bond shall be executed by any surety company after May 1 of any year until such certificate issued after March 31 of the same year shall have been filed with the clerk.

Page 12 | Local Rule 3.4 B. - Sureties

The respondent must answer by the date specified in the preliminary decree and appear that day at 9:30 a.m. in the specified courtroom.

The respondent shall file an answer to the petition on or before the ___ day of __________, 20__, and shall appear on that date at 9:30 am. in Courtroom __, One Montgomery Plaza, Norristown, PA.

Page 13

For a procedure by petition, objections concerning the appraisement or allowance must be filed with the clerk by the time fixed for confirmation and allowance.

When the procedure is by petition, questions as to the appraisement or allowance, or both, may be raised only by objections filed with the clerk on or before the time fixed for confirmation and allowance.

Page 17 | Local Rule 5.2B - Objections

A fiduciary required to give bond must present the specified petition to the court before the purchaser pays the sale proceeds.

he or she shall present a petition to the court before the proceeds of the sale are paid to him or her by the purchaser, setting forth:

Page 22 | Local Rule 5.10E - Petition to Fix or Waive Additional Security. Personal Representative. Trustee

An answer to a motion for judgment on the pleadings is due within 20 days after service, and the opposing memorandum must be filed simultaneously with the answer.

An answer to a motion for judgment on the pleadings shall be filed within twenty (20) days of service of the motion and a memorandum of law in opposition to the motion shall be filed simultaneously with the answer;

Page 28 | Local Rule 7.2A(b)

An answer to a petition seeking leave to take discovery must be filed within 20 days after service of the petition.

A petition seeking leave to take discovery shall include the notice required under rule 3.5(b) and an answer to the petition shall be filed within twenty (20) days of service of the petition.

Page 28 | Local Rule 7.1A(c)

Service and Proof of Service Rules

Motions, petitions, responses, and briefs must be served on the appointed judicial officer assigned to asbestos litigation.

copies of motions, petitions, responses thereto, and briefs, shall be served upon the appointed judicial officer assigned to asbestos litigation.

Civil cases

Page 1 | Rule 1041.1. Asbestos Litigation—Special Provisions

A motion to transfer to inactive status must be served on all other counsel under local rules and practice and on the appointed judicial officer.

Copies of the motion shall be served on all other counsel in accordance with Montgomery County local rules and practice, and shall also be served on the appointed judicial officer assigned to asbestos litigation.

Civil cases

Page 2 | Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)

Responses must be served on all counsel and the appointed judicial officer.

Responses shall be filed at or before the time the rule is returnable, and shall be served on all counsel and on the appointed judicial officer assigned to asbestos litigation.

Civil cases

Page 2 | Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)

A discontinuance may be entered as to any other parties by stipulation signed by counsel for plaintiff, the original of which shall be transmitted to the appointed judicial officer assigned to asbestos litigation, with copies served on all other parties.

A discontinuance may be entered as to any other parties by stipulation signed by counsel for plaintiff, the original of which shall be transmitted to the appointed judicial officer assigned to asbestos litigation, with copies served on all other parties.

Civil cases

Page 3 | Rule 1041.1. Asbestos Litigation—Special Provisions

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

Civil cases

Page 3 | Rule 1041.1. Asbestos Litigation—Special Provisions

Except for the stated subparagraph D procedure, a discontinuance as to fewer than all parties requires notice and an opportunity for all other parties to respond.

Except as stated in sub-paragraph D below, a discontinuance of an action as to less than all parties may not be entered without notice and an opportunity to respond to all other parties.

Civil cases

Page 3 | Rule 1041.1. Asbestos Litigation—Special Provisions

The moving party must promptly serve the respondent with the motion and a cover sheet stating the return day.

the moving party shall forthwith serve the respondent with a copy of the motion and the cover sheet indicating the return day thereon.

Civil cases

Page 1 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (2) Listing

A movant seeking leave to withdraw as counsel must promptly serve the client with the motion and a cover sheet stating the return day.

If the motion seeks leave of the Court to withdraw as counsel, then the movant must forthwith serve his or her client with a copy of the motion and cover sheet indicating the return day

Civil cases

Page 1 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (3) Motions to Withdraw as Counsel

Serve the petition and appointment order promptly on the adverse party by the same manner as a complaint in assumpsit or by certified or registered mail, and file an affidavit of service with the Prothonotary.

A copy of any petition for the appointment of viewers and of any order appointing a Board of View shall be served promptly upon the adverse party in the same manner as a complaint in assumpsit or by certified or registered mail. An affidavit of service of said copy shall be filed with the Prothonotary.

Civil cases

Page 1 | (a) Service of Copy of Petition and Order upon Adverse Parties

Upon appointment of a Board of View, the petitioner must forthwith deliver the listed materials to the Board’s chairman.

Upon appointment of a Board of View, the petitioner shall forthwith deliver to the chairman of the Board: (1) A copy of the affidavit of service required by Rule *953(a). (2) A copy of the petition and order of appointment which petitioner shall certify is true and correct. (3) Detailed directions to the condemned property.

Civil cases

Page 1 | (b) Service of Copy of Petition and Order, etc., upon Board of View

The objection filing must include proof of service upon all parties and the Parenting Coordinator.

a party objecting to the Recommendations must file with the Prothonotary an original of their Objections and a request for a Record Hearing before the Court within five (5) days of service of the Summary and Recommendations together with a Proof of Service upon all parties and the Parenting Coordinator.

Civil cases

Page 1 | Objections to Parenting Coordinator's Recommendation(s) and a request for a Record Hearing

The Prothonotary must deliver the exceptions to the Court, which must set a return day and notify the exceptant and execution creditor.

The Prothonotary shall deliver the exceptions to the Court, who shall set a return day and notify the exceptant and the execution creditor thereof.

Civil cases

Page 1 | Rule 3136(e)(1). Determination of Exceptions to Schedule of Distribution

The exceptant must immediately notify all other parties in interest of the return day.

The exceptant shall shall immediately notify all other parties in interest of such return day.

Civil cases

Page 1 | Rule 3136(e)(1). Determination of Exceptions to Schedule of Distribution

When the property or properties being sold lie in different counties, the first publication must be made at least 60 days before the sale.

Whenever a property or properties so sold lie in different counties the first publication shall be made at least 60 days before the date of the sale.

Civil cases

Page 1 | Public Sale, Notice.

A certificate of service of the motion [and rule returnable and argument date] shall be filed in the Prothonotary’s Office by the moving party [on or before the return date].

A certificate of service of the motion [and rule returnable and argument date] shall be filed in the Prothonotary’s Office by the moving party [on or before the return date].

Civil cases

Page 1 | Rule 4019.1 Family Discovery Hearing Officer

In all other actions, original process within the Commonwealth must be served by the sheriff.

(j)bybythe (j) the sheriff sheriff in in all all other actions.

Civil cases

Page 1 | Rule 400.1(b)(1) Person to Make Service

In equity, partition, prevent-waste, and declaratory-judgment actions where declaratory relief is the only relief sought, original process within the Commonwealth may be served by the sheriff or a competent adult.

(i) (i)bby y the thesheriff sheriffororaacompetent competent adult adult in inthe the actions actions in in equity, equity, partition, partition, prevent prevent waste and waste and declaratory judgment when declaratory judgment when declaratory declaratoryrelief relief isis the theonly onlyrelief relief sought, sought,andand

Civil cases

Page 1 | Rule 400.1(b)(1) Person to Make Service

Opening a PACFile account constitutes consent to electronic filing and electronic service of documents filed on PACFile in a district that permits electronic filing.

establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.

Criminal cases

Page 1 | PACFile

A party who declines or cannot participate in PACFile may file on paper and must be served on paper as required by the criminal procedure rule.

Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.

Criminal cases

Page 1 | PACFile

Plaintiffs must immediately serve the Case Management Order on subsequently served or joined parties and on an attorney who later appears for such a party.

The Order shall direct Plaintiffs to serve a copy of the Order immediately upon any party that is subsequently served with process or joined in the action and any attorney that subsequently enters an appearance for such a party.

Civil cases

Page 1 | (3) Arbitration Cases

The Montgomery County Law Reporter is the designated legal periodical for publication of all notices.

Montgomery County Law Reporter is and shall be the legal periodical for the publication of all notices.

Civil cases

Page 1 | Rule 430(b)(1). Legal Periodical—Notice, Service, Publication

Unless an act of assembly, rule, or special court order provides otherwise, service by publication must appear once in the Montgomery County Law Reporter and one daily or weekly newspaper of general circulation in the county, allowing the person served at least five days after publication to act.

Except as otherwise provided by acts of assembly, rule or special order of Court, service by publication shall be made by publication once in the Montgomery County Law Reporter, and in one daily or weekly newspaper of general circulation within the county, and in such manner that the person so served shall have at least five days after publication thereof to act thereon.

Civil cases

Page 1 | Rule 430(b)(1). Legal Periodical—Notice, Service, Publication

Prompt notice of an intervention must be given to the appellant, appellee, and affected municipal bodies.

Prompt notice of such intervention shall be given to the appellant, appellee and affected municipal bodies.

Civil cases

Page 1 | Rule 2232(c)(1). Interveners in Zoning and Real Estate Assessment Appeals

Proof of service must be an affidavit accompanied by a copy of the notice and return receipt, filed with the Prothonotary.

Proof of service shall be by affidavit accompanied with a copy of the notice and the return receipt, filed with the Prothonotary.

Civil cases

Page 1 | Rule 2232(a)(1). Defective Joinder, Change of Parties, Notice

A time-stamped copy of the filed Praecipe must be served on the Hearing Officer and the other party, and a Certificate of Service must be filed with the Prothonotary and provided to the Hearing Officer.

A time-stamped copy of the filed Praecipe to Transmit / Motion for Grounds Order shall be served upon the assigned Hearing Officer and the other party and proof thereof via a Certificate of Service shall be filed with the Prothonotary and provided to the Hearing Officer.

Civil cases

Page 2 | Praecipe to Transmit / Motion for Grounds Order

Each party must serve the Settlement Conference Statement on the other party no later than 10 days before the Settlement Conference.

No later than ten (10) days prior to the Settlement Conference, each party shall file and serve the other party a Settlement Conference Statement

Civil cases

Page 2 | Settlement Conference

A hard copy of the Pre-Trial Statement must be served on the Hearing Officer and opposing counsel or any unrepresented party.

A hard copy of the Pre-Trial Statement shall be served upon the Hearing Officer and opposing counsel or any unrepresented party.

Civil cases

Page 3 | Hearing

The parties must exchange all expert reports at least 30 days before the scheduled hearing.

All expert reports shall be exchanged between the parties not less than thirty (30) days prior to the scheduled hearing.

Civil cases

Page 3 | Hearing

The Court shall serve the notice on counsel of record, and on the parties if not represented, sixty days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. The notice shall be served by mail pursuant to Rule 440 or by electronic transmission pursuant to Rule 205.4(g).

The Court shall serve the notice on counsel of record, and on the parties if not represented, sixty days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. The notice shall be served by mail pursuant to Rule 440 or by electronic transmission pursuant to Rule 205.4(g).

Civil cases

Page 2 | Local Rule of Judicial Administration 1901*. Termination of Inactive Cases.

When an audit matter is continued to a later audit date, the accountant must notify all interested parties of the new date under Rule 2.5.

When an account is scheduled to be called or is called for audit on a particular date and the matter is requested to be continued to a subsequent audit date, the accountant is required to notify all interested parties of the new date in accordance with Rule 2.5.

Page 7 | Local Rule 2.5A - Notice following continuance

The claimant’s attorney must serve a copy of the statement on the accountant’s attorney or other contesting parties at least 20 days before the hearing, as provided by Rule 4.2.

and shall serve a copy thereof on the attorney for accountant or other contesting parties at least twenty days prior to the hearing in the manner provided in Rule 4.2.

Page 8 | Local Rule 2.7A(b) - Claimant’s Statement

Notice must be sent by letter to the last known address of the interested party or the party’s attorney no later than the day the schedule is filed.

Such notice shall be given no later than the day of the filing of the schedule, by letter addressed to the last known address of the party in interest or his attorney.

Page 9 | Time of Notice

The petitioner must serve the preliminary decree and petition by first-class mail at least 20 days before the response date and file a certificate of service.

The petitioner must file a certificate of service, listing the names and addresses of those individuals and entities to whom petitioner has sent a copy of the preliminary decree and the petition by first-class United States mail sent at least twenty (20) days before the response date set in the preliminary decree;

Page 13

For a procedure by petition, actual notice of the petition filing and the court-fixed confirmation date must be given to the specified recipients, and the date must be at least twenty days after notice of filing the petition.

When the procedure is by petition, notice of the filing thereof, and of the date fixed by the court for confirmation and allowance which shall not be less than twenty days after providing notice of the filing of the petition, shall be given by actual notice to the personal representative, if any, and to all persons other than creditors adversely affected by allowance of the exemption who do not join in the prayer of the petition, and by petition,

Page 17 | Local Rule 5.2A - Notice

at least twenty (20) days prior notice of the time and place of the proposed sale shall be given to all interested parties, by personal service or registered mail.

at least twenty (20) days prior notice of the time and place of the proposed sale shall be given to all interested parties, by personal service or registered mail.

Page 21 | Local Rule 5.10C - Public Sale of Real Property. Notice. Return

Filing Fees and Waivers

The appointing Judge must waive parenting-coordination fees for a party previously granted IFP status who remains eligible for IFP status.

If a party has previously filed and been granted In Forma Pauperis (IFP) status by the Court, and continues to be eligible for IFP status, the Judge appointing the Parenting Coordinator shall waive the fees for the parenting coordination process.

Civil cases

Page 2 | Fees

Parties requesting or benefiting from an appointment must pay the Parenting Coordinator’s hourly rate and any required initial retainer, which may not exceed five hours at that rate.

Parties who request the appointment of a Parenting Coordinator, or who are identified by the Court as benefiting from the appointment of a Parenting Coordinator, shall pay the Parenting Coordinator as follows: His or her hourly rate. Any requirement for an initial retainer. The initial retainer shall not exceed the equivalent of five (5) hours at the Parenting Coordinator’s hourly rate.

Civil cases

Page 2 | Fees

Applicable filing fees must be paid under the Clerk’s procedures, at the time and in the amount required by law, court order, or the published fee schedule.

Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.

Criminal cases

Page 2 | Filing Fees

Professional Guardians are responsible for applicable fees to become and remain certified unless the Court directs otherwise.

be responsible for any and all applicable fees for becoming and remaining a certified guardian, unless otherwise directed by this Court.

Civil cases

Page 2 | Local Rule 14.2(b-1). Required Certification and Criminal Background Check of Guardians

An initial requesting party other than the Commonwealth or a subdivision thereof must pay $3.50 per page for an expedited electronic transcript.

The fees payable by the initial requesting party, other than the Commonwealth or a subdivision thereof, to the Court for a transcript in an electronic format shall be as follows: (b) for an expedited transcript, $3.50 per page;

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

An initial requesting party other than the Commonwealth or a subdivision thereof must pay $6.50 per page for an electronic transcript with same-day delivery.

The fees payable by the initial requesting party, other than the Commonwealth or a subdivision thereof, to the Court for a transcript in an electronic format shall be as follows: (d) for same day delivery, $6.50 per page.

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

A transcript prepared in bound paper format is charged the applicable electronic-format rate plus a $0.25-per-page surcharge.

When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraphs (1) and (2) relating to electronic format plus a surcharge of $0.25 per page.

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

An initial requesting party other than the Commonwealth or a subdivision thereof must pay $2.50 per page for an ordinary electronic transcript.

The fees payable by the initial requesting party, other than the Commonwealth or a subdivision thereof, to the Court for a transcript in an electronic format shall be as follows: (a) for an ordinary transcript, $2.50 per page;

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

An initial requesting party other than the Commonwealth or a subdivision thereof must pay $4.50 per page for a daily electronic transcript.

The fees payable by the initial requesting party, other than the Commonwealth or a subdivision thereof, to the Court for a transcript in an electronic format shall be as follows: (c) for a daily transcript, $4.50 per page;

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

A paper-format copy of a transcript previously ordered, transcribed, and filed of record costs $0.75 per page.

(3) $0.75 per page paper format; and

Civil cases

Page 3 | (C) Fees—copies of transcript—previously ordered, transcribed and filed of record

An electronic copy requested contemporaneously with transcript creation costs $0.50 per page.

(2) $0.50 per page electronic copy.

Civil cases

Page 3 | (B) Fees—copies of transcript—requesting party

Fees for contemporaneous transcript copies are paid to the Court, passed to the Court Reporter, and divided equally among requesting parties together with the initial requesting fee.

The above fee shall be paid to the Court. The fee received by the Court, in accordance with this section, shall, in turn, be paid to the Court Reporter. For such contemporaneous requests, the fee herein, along with the initial requesting fee identified in Section (A) of this Rule, shall be divided equally among all requesting parties.

Civil cases

Page 3 | (B) Fees—copies of transcript—requesting party

A litigant requesting a transcript must deposit 90% of its estimated cost, payable to the County of Montgomery by money order, certified check, or an attorney’s check delivered to Court Services.

The litigant shall make a deposit in the amount of 90% of the estimated cost of the transcript as provided by Court Services. This amount shall be paid by money order, certified check or check from an attorney made payable to the “County of Montgomery” and delivered to Court Services;

Civil cases

Page 4 | (F) Procedure for requesting a transcript

The moving party must pay the applicable fee when filing the motion, and no initial conference will be scheduled without payment.

Upon filing of the motion to Commence Equitable Distribution Scheduling, in the form prescribed by Pa.R.C.P. 1920.74 and the posting of the required fee, the Office of the Prothonotary shall forward the motion to the Equitable Distribution Hearing Officer’s Unit for the scheduling of an initial conference. When a party files a Motion to Commence Equitable Distribution Scheduling the moving party shall pay the Prothonotary the applicable fee pursuant to this Rule. No initial conference shall be scheduled without such payment. The fee shall be published at montgomerycountypa.gov.

Civil cases

Page 1 | (3) Referral to Hearing Officer

A warrant fee must be authorized and paid when the defendant has not been found and the officer has provided the specified notice to respond; the excerpt's conditions continue beyond this page.

The issuing authority shall authorize and make payment of a warrant fee for the execution of an arrest warrant when the defendant has not been found at the time the arrest warrant is executed and: (1) the police officer has provided a notice to respond to the defendant as addressed on the warrant that includes therein: i. a place for the defendant's signature; and ii. a place for entry of a plea of guilty or not guilty; and

Criminal cases

Page 2 | Rule 431*(E)-(R)

Filing fees may be paid by the listed credit or debit cards, but advance deposits for future filing fees are not accepted.

The Prothonotary will accept for payment of all filing fees the following credit and debit cards: American Express, Discover, MasterCard and Visa. The Prothonotary will not accept advance deposit on account of future filing fees.

Civil cases

Page 1 | Rule 205.4*. Electronic Filing and Service of Legal Papers

Filing fees may be paid by American Express, Discover, MasterCard, or Visa credit or debit card.

The Clerk of the Orphans’ Court will accept for payment of all filing fees the following credit and debit cards: American Express, Discover, MasterCard and Visa.

Page 16 | (f) Fees

For economic hardship cases, the Court compensates the Court Reporter for waived or reduced fees, up to the Commonwealth rate in section (A)(2).

In economic hardship cases, in accordance with the provisions of section (G) of this Rule, the Court will compensate the Court Reporter for any such waived or reduced fee not to exceed the Commonwealth rate noted in section (A)(2) herein.

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

The trial judge may, at their discretion and in accordance with Court policy, impose a reasonable surcharge for a secure electronic feed during a proceeding.

The trial judge may impose a reasonable surcharge in cases involving a secure electronic feed during the proceeding. Such surcharge is at the discretion of the trial judge, in accordance with Court policy.

Civil cases

Page 3 | (E) Fees—secure electronic feed

The trial judge may, at their discretion and in accordance with Court policy, impose a reasonable surcharge in specified complex cases requiring substantial expansion of a court reporter’s dictionary.

The trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice, or other unusually complex litigation where there is a need for court reporters to significantly expand their dictionary. Such surcharges are at the discretion of the trial judge, in accordance with Court policy.

Civil cases

Page 3 | (D) Fees—additional costs

The Commonwealth or a subdivision thereof must pay $6.00 per page for an electronic transcript with same-day delivery.

The fees payable by the Commonwealth or a subdivision thereof to the Court Reporter for a transcript in an electronic format shall be as follows: (d) for same day delivery, $6.00 per page.

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

The Commonwealth or a subdivision thereof must pay $4.00 per page for a daily electronic transcript.

The fees payable by the Commonwealth or a subdivision thereof to the Court Reporter for a transcript in an electronic format shall be as follows: (c) for a daily transcript, $4.00 per page;

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

The Commonwealth or a subdivision thereof must pay $3.00 per page for an expedited electronic transcript.

The fees payable by the Commonwealth or a subdivision thereof to the Court Reporter for a transcript in an electronic format shall be as follows: (b) for an expedited transcript, $3.00 per page;

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

The Commonwealth or a subdivision thereof must pay $2.00 per page for an ordinary electronic transcript.

The fees payable by the Commonwealth or a subdivision thereof to the Court Reporter for a transcript in an electronic format shall be as follows: (a) for an ordinary transcript, $2.00 per page;

Civil cases

Page 2 | Rule 4009. Court Reporting and Transcripts - Fees and Procedures

A paper-format copy requested contemporaneously with transcript creation costs $0.75 per page.

(1) $0.75 per page paper format; and

Civil cases

Page 3 | (B) Fees—copies of transcript—requesting party

An electronic copy of a transcript previously ordered, transcribed, and filed of record costs $0.50 per page.

(4) $0.50 per page electronic copy.

Civil cases

Page 3 | (C) Fees—copies of transcript—previously ordered, transcribed and filed of record

Fees for copies of transcripts previously filed of record are paid to and collected by the respective filing office, not the Court or Court Reporter.

The above fee shall be paid to and collected by the respective filing office. No portion of this fee is payable to the Court or the Court Reporter.

Civil cases

Page 3 | (C) Fees—copies of transcript—previously ordered, transcribed and filed of record

After the final balance is paid by an accepted form of payment, the court reporter must deliver the original transcript to the appropriate filing office and copies to the requesting parties.

Upon payment of the final balance owed, the court reporter shall deliver the original transcript to the appropriate filing office and copies to the requesting parties. The final amount shall be paid by money order, certified check or check from an attorney made payable to the County of Montgomery and delivered to Court Services.

Civil cases

Page 4 | (F) Procedure for requesting a transcript

Courtesy Copy Requirements

A hard copy of the Settlement Conference Statement and all referenced exhibits must be delivered to the Hearing Officer no later than 10 days before the conference.

(h) A hard copy of the Settlement Conference Statement and all referenced Exhibits shall be delivered to the Hearing Officer no later than ten (10) days prior to the Settlement Conference.

Civil cases

Page 2 | Settlement Conference

Pre-trial statements must be filed with the Prothonotary and a hard copy provided to the conference judge’s chambers at least seven days before the conference.

All pre-trial statements are to be filed in the Prothonotary's Office, and a hard copy provided to the Pre-Trial Conference Judge's Chambers, not later than seven (7) days prior to the Pre-Trial Conference date.

Civil cases

Page 1 | Civil Actions

Sealing & Redaction Procedures

Counsel and unrepresented parties must follow the public access policy and refrain from including confidential information in court filings.

Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and Montgomery County R.Crim.P. 113.1 and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in a paper format

Criminal cases

Page 2 | Confidential information

Filing parties must not enter information subject to redaction in the electronic filing Docket Text field.

Any information required to be redacted under this rule, or by court order, shall not be entered in the "Docket Text" field by the filing party during electronic filing.

Page 17 | Chapter V. Rules Governing Specific Types of Petitions

Information required by the Electronic Filing System may be provided to the Clerk, but must be redacted from attached PDF documents.

This rule shall not prevent a filer from providing information to the Clerk of the Orphans' Court required by the Electronic Filing System, including, for example, the social security number of a decedent or personal representative, provided that the information shall be redacted from all attached PDF documents.

Page 17 | Chapter V. Rules Governing Specific Types of Petitions

The court may later unseal a filing it permitted to be filed under seal and may then order the filing party to redact it.

Where the court has permitted a filing to be made under seal, the court may later unseal the filing and may order the filing party to redact the filing at that time.

Page 16 | (g) Required redaction

The court may order a person who filed a redacted document to also file an unredacted copy under seal.

The court may order the person making a redacted filing to file, in addition, an unredacted copy under seal;

Page 16 | (g) Required redaction

For good cause in a specific case, the court may order additional information, such as a home address, driver’s license number, or minor children’s names, redacted.

The court may, for good cause shown in a specific case, order that additional information must be redacted from any filing, including but not limited to the home street address or driver's license number of a specified individual or the names of minor children;

Page 16 | (g) Required redaction

Unless an applicable law, rule, or court order requires otherwise, filers must redact specified Social Security or taxpayer identification numbers, dates of birth subject to stated exceptions, and financial account security information from filings and attachments.

Unless required by an applicable law, rule or order of court, any party or non-party filing a legal paper, as defined in Supreme Court Orphans’ Court Rule 1.3, with the Clerk of the Orphans’ Court must redact identifying information appearing in the legal paper filed, including in any attachments or exhibits thereto, as follows: An individual's social security number or taxpayer identification number (other than the social security number of a deceased individual); An individual's date of birth, provided that the filing may include the year of an individual's birth; provided that any filing related to a guardianship of a minor's person or estate or approval of a minor's compromise may include the date of birth of the minor; With respect to any financial account number, including but not limited to any bank account, investment account, or credit card account, the account number must be redacted, as well as any PIN, password or other number used to secure such account, provided that the filing may include the last four digits of the account number;

Page 16 | (g) Required redaction

Filing Bundling Requirements

The supporting memorandum of law must be filed simultaneously with a motion for judgment on the pleadings.

A memorandum of law in support of a motion for judgment on the pleadings shall be file simultaneously with the motion;

Page 28 | Local Rule 7.2A(a)

The memorandum of law opposing a motion for judgment on the pleadings must be filed simultaneously with the answer.

An answer to a motion for judgment on the pleadings shall be filed within twenty (20) days of service of the motion and a memorandum of law in opposition to the motion shall be filed simultaneously with the answer;

Page 28 | Local Rule 7.2A(b)

For summary-judgment motions, the supporting memorandum must be filed with the motion, and the opposition memorandum must be filed with the answer.

(a) memorandum of law in support of a motion for summary judgment shall be filed simultaneously with the motion; (b) An answer to a motion for summary judgment shall be filed within thirty (30) days of service of the motion and a memorandum of law in opposition to the motion shall be filed simultaneously with the answer;

Page 29 | Local Rule 7.3A. - Motion for Summary Judgment

Pre-Motion Conference Requirements

A party opposing a Motion for Extraordinary Relief has 15 days to respond.

Any party opposing the Motion shall have 15 days in which to respond, after which time the Court will enter an appropriate order.

Civil cases

Page 3 | Motions for Extraordinary Relief

A party opposing a Motion for Extraordinary Relief has fifteen days to respond before the Court enters an appropriate order.

Any party opposing the Motion shall have fifteen (15) days in which to respond, after which time the Court will enter an appropriate order.

Civil cases

Page 3 | Rule 920. Board of Assessment Appeals

Filing an argument praecipe commences the briefing schedule, but the Court lists the case for argument with assistance from the appointed judicial officer.

The filing of an argument praecipe shall have the effect of commencing the briefing schedule but not of listing the case for argument, which shall be done by the Court with the assistance of the appointed judicial officer assigned to asbestos litigation.

Civil cases

Page 1 | Rule 1041.1. Asbestos Litigation—Special Provisions

An alleged emergency motion is forwarded to a Judge without an initial return date; the Judge determines whether it is an emergency, and non-emergency matters return to the Court Administrator for listing.

Motions that are alleged to be “emergencies” will not initially be given a rule return date, but rather the Court Administrator will forward the emergency motion to the appropriate Judge. If the matter is deemed to be an emergency by the Judge, the Judge will process the matter accordingly. If the matter is not deemed to be an emergency, the matter will be returned to the Court Administrator for listing pursuant to this Rule.

Civil cases

Page 1 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (4) Emergency Motions

Unless the Court directs otherwise, covered motions in limine and other pretrial motions filed after a Pretrial Conference or after the case is listed for trial receive no return day and are referred to the designated Judge.

Except as the Court may otherwise direct, motions in limine and other pretrial motions that are filed after a Pretrial Conference has been held or after a case has been listed for trial will not be given a return day and will be referred to the Judge who conducted the Pretrial Conference or, if a different Judge has been assigned the case for trial, to that Judge.

Civil cases

Page 1 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (2) Listing

Motions with filed answers are referred to the appropriate Judge, and oral argument occurs only if the Court orders it.

All motions in which answers have been filed will be referred to the appropriate Judge for disposition. Oral argument will be held only if ordered by the Court.

Civil cases

Page 2 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (5) Response

Discovery motions in family law actions are excluded from this process and are governed by Local Rule 4019*.1.

Motions relating to discovery in family law actions – excluded from the above process by Rule 208.1(b)(2)(iv) – are governed by Local Rule 4019*.1 – Family Discovery Hearing Officer.

Civil cases

Page 2 | Comments

A party may seek special management, but the motion is disfavored and will be granted only upon a compelling showing of need.

Any party may file a Motion to Designate Case for Special Management. Such Motions are not favored and will be granted only upon a compelling showing of need.

Civil cases

Page 2 | (6) Special Management Cases

Filing an argument praecipe commences the briefing schedule, but the Court lists the case for argument with assistance from the appointed judicial officer.

The filing of an argument praecipe shall have the effect of commencing the briefing schedule but not of listing the case for argument, which shall be done by the Court with the assistance of the appointed judicial officer assigned to complex litigation.

Civil cases

Page 1 | Rule 1041.1.2(b)(2)

The Court may order discovery on factual issues raised by the motion and answer, on request or on its own initiative, and may permit supplemental briefs after discovery concludes.

The Court may order, either pursuant to a request in the motion or answer or on the Court’s own initiative, that discovery be taken on issues of fact raised by the motion and answer. The Court may provide for the filing of supplemental briefs after the conclusion of such discovery.

Civil cases

Page 2 | Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (7) Discovery

The court will set the hearing date when objections to an account have been filed.

When objections to an account have been filed, a hearing on the objections will be held on a day fixed by the court.

Page 8 | Local Rule 2.7A - Hearings on Objections to Accounts, Claims or Questions of Law

Even if neither party requests oral argument, the judge may schedule it or decide the matter on the filings.

If oral argument was not requested by either party, the Judge may direct the scheduling of oral argument, or may decide the matter upon the filings.

Civil cases

Page 1 | Disposition

If either party requests oral argument on its cover sheet, the matter may be scheduled for argument.

If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument.

Civil cases

Page 1 | Disposition

It is not necessary for a scheduling Order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.

It is not necessary for a scheduling Order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.

Civil cases

Page 1 | Comments 3

Motions to exclude expert testimony under Rule 207.1 and motions in limine are excluded from the process described above, filed with the Prothonotary, and referred to the trial judge upon assignment of trial.

Rule 208.1(b)(1)(iv) specifically excludes motions to exclude expert testimony pursuant to Rule 207.1 and motions in limine from the above process. These motions are filed with the Prothonotary and referred to the trial judge, upon assignment of trial.

Civil cases

Page 2 | Comments

Adjournment & Extension Requirements

A stipulation extending any Case Management Order deadline must not be filed and has no effect if filed.

A Stipulation that purports to extend any deadlines in a Case Management Order shall not be filed and, if filed, shall be of no force or effect.

Civil cases

Page 2 | (5) Stipulations to Expedite Deadlines

An extension of a deadline in a Case Management Order under this Rule or Local Rule 212.1(d)(4) may be obtained only by a Motion for Extraordinary Relief explaining the requested relief and why the deadline cannot be met despite diligent effort.

Any extension of a deadline set forth in a Case Management Order under this Rule (or an Order under Local Rule 212.1(d)(4)) may be obtained only through a Motion for Extraordinary Relief. The Motion shall set forth the reasons for the requested relief and the reasons that the current deadlines cannot be met despite diligent effort.

Civil cases

Page 3 | Motions for Extraordinary Relief

A request to extend the election deadline must follow the specified petition procedure and include a request for citation to the specified interested parties.

A petition for the extension of time in which the surviving spouse may file an election to take against the will shall include the requirements of subparagraphs (1) through (5) for a petition under Rule 5.4 and a request for a citation upon the interested parties who have not joined in the petition or who have not consented thereto to show cause why an extension of time to file an election should not be granted.

Page 18 | Local Rule 5.4A - Extension of Time

An extension of a deadline covered by the rule may be obtained only by a Motion for Extraordinary Relief, which must explain the reasons for the relief and why the deadline cannot be met despite diligent effort.

Any extension of a deadline set forth in a Case Management Order under this Rule (or an Order under Local Rule 212.1*(d)(4)) may be obtained only through a Motion for Extraordinary Relief. The Motion shall set forth the reasons for the requested relief and the reasons that the current deadlines cannot be met despite diligent effort.

Civil cases

Page 3 | Rule 920. Board of Assessment Appeals

Applications for continuances must be submitted to the Arbitration Administrator at least two working days before the hearing, and the Administrator may grant them.

The Arbitration Administrator shall have the power to grant continuances and all applications for continuance shall be submitted to him/her at least two working days prior to the date of the hearing.

Civil cases

Page 1 | Rule 1303*. Hearing

A hearing on a Custody Complaint or Petition must not be continued because a party refuses or fails to attend mediation orientation sessions.

A hearing on a Custody Complaint or Petition shall not be delayed, however, by a party’s refusal or failure in attending the mediation orientation sessions.

Civil cases

Page 1 | Sanctions

Chambers Communication Rules

A plaintiff who wants to pursue medical monitoring must notify the appointed judicial officer by letter and copy all other counsel.

A plaintiff desiring to pursue a claim for medical monitoring shall, by letter, notify the appointed judicial officer assigned to asbestos litigation, with copies to all other counsel.

Civil cases

Page 1 | Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(B)

The defendant or defense counsel must advise the issuing authority before the proceeding begins if electing to make a recording.

the defendant or defense counsel shall advise the issuing authority of same prior to the commencement of the proceeding.

Criminal cases

Page 1 | Rule 542*(H), (I). Preliminary Hearing

After the defendant or attorney reports that the agencies have expunged the record, the Clerk of Courts must expunge its own record and notify the defendant or attorney.

Upon notification by the defendant and/or defendant's attorney that the defendant's record has been expunged by the appropriate criminal justice agencies, the Clerk of Courts will expunge its record and notify the defendant and/or defendant's attorney.

Criminal cases

Page 2 | Rule 722*. Expungement of Record (B)(4)

After the criminal justice agencies confirm expungement, the petitioner or counsel must notify the Clerk of Courts, which will expunge its records and notify them.

Upon notification by the criminal justice agencies that the petitioner's records have been expunged, the petitioner and/or petitioner's counsel will notify the Clerk of Courts and they will expunge their records, notifying the petitioner and/or the petitioner's counsel of the same.

Criminal cases

Page 2 | Rule 722*. Expungement of Record (A)(8)

When a discovery motion is at issue under Local Rule 4019, counsel must notify the appointed judicial officer, who arranges for the Court to hear the motion and make recommendations as the Court determines.

When a discovery motion is at issue as provided by Local Rule 4019, counsel shall notify the appointed judicial officer assigned to complex litigation, who shall arrange for disposition of the matter by the Court to hear the motion and make recommendations to the Court, as the Court shall determine.

Civil cases

Page 1 | Rule 1041.1.2(b)(3)

Common questions about Montgomery County Court of Common Pleas rules

Are courtesy copies required in Montgomery County Court of Common Pleas?

Courtesy-copy rule applies for settlement conference statements and exhibits. Details: 1 copy. A hard copy of the Settlement Conference Statement and all referenced exhibits must be delivered to the Hearing Officer no later than 10 days before the conference.

View ruleSource: page 2, section Settlement Conference

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

A party opposing a Motion for Extraordinary Relief has 15 days to respond.

View ruleSource: page 3, section Motions for Extraordinary Relief

What formatting rules apply to filings in Montgomery County Court of Common Pleas?

Montgomery County Court of Common Pleas' formatting rule includes file format PDF. Legal papers presented for electronic filing must be in PDF format.

View ruleSource: page 1, section Rule 205.4*. Electronic Filing and Service of Legal Papers

What must be included with motion to designate case as complex filings in Montgomery County Court of Common Pleas?

A party seeking to designate a support matter as complex must file a Motion to Designate Case as Complex substantially in the form on the Court's website.

View ruleSource: page 1, section Rule 1910.12(c)*. Motion to Designate Support Case as Complex.

What must be included with argument court coversheet filings in Montgomery County Court of Common Pleas?

The argument court coversheet for a motion to transfer to inactive status must request a rule return day under the cited local rule.

View ruleSource: page 2, section Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)

How may parties contact Montgomery County Court of Common Pleas?

A plaintiff who wants to pursue medical monitoring must notify the appointed judicial officer by letter and copy all other counsel.

View ruleSource: page 1, section Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(B)

How does Montgomery County Court of Common Pleas handle sealed or redacted filings?

Counsel and unrepresented parties must follow the public access policy and refrain from including confidential information in court filings.

View ruleSource: page 2, section Confidential information

How do I request an adjournment or extension in Montgomery County Court of Common Pleas?

A stipulation extending any Case Management Order deadline must not be filed and has no effect if filed.

View ruleSource: page 2, section (5) Stipulations to Expedite Deadlines

Does Montgomery County Court of Common Pleas require motion papers to be bundled?

For summary-judgment motions, the supporting memorandum must be filed with the motion, and the opposition memorandum must be filed with the answer.

View ruleSource: page 29, section Local Rule 7.3A. - Motion for Summary Judgment

Are filing fees or waivers addressed in Montgomery County Court of Common Pleas?

Parties requesting or benefiting from an appointment must pay the Parenting Coordinator’s hourly rate and any required initial retainer, which may not exceed five hours at that rate.

View ruleSource: page 2, section Fees

Is electronic filing required in Montgomery County Court of Common Pleas?

Yes. Electronic filing is required for the covered filings. Electronically filed legal papers must be submitted through the Prothonotary’s Electronic Filing System, and counsel and unrepresented parties must apply for login credentials to access it.

View ruleSource: page 1, section Rule 205.4*. Electronic Filing and Service of Legal Papers

What filing deadlines does Montgomery County Court of Common Pleas set?

After the applicable four-month period, a defendant asserting that a case falls under Simmons v. Pacor must file a motion to transfer it to inactive status with the Prothonotary.

View ruleSource: page 2, section Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)

What service or proof of service rules apply in Montgomery County Court of Common Pleas?

A motion to transfer to inactive status must be served on all other counsel under local rules and practice and on the appointed judicial officer.

View ruleSource: page 2, section Rule 1041.1. Asbestos Litigation—Special Provisions, paragraph (5)(D)
Complete rules summary for Montgomery County Court of Common Pleas

A party seeking to designate a support matter as complex must file a Motion to Designate Case as Complex substantially in the form on the Court's website.

After the applicable four-month period, a defendant asserting that a case falls under Simmons v. Pacor must file a motion to transfer it to inactive status with the Prothonotary.

The argument court coversheet for a motion to transfer to inactive status must request a rule return day under the cited local rule.

A motion to transfer to inactive status must be served on all other counsel under local rules and practice and on the appointed judicial officer.

The moving party must submit a proposed order in the prescribed form for transfer to inactive status.

Responses must be filed by the rule’s returnable time and served on all counsel and the appointed judicial officer.

Responses must be served on all counsel and the appointed judicial officer.

Scheduling orders ordinarily set deadlines for completing discovery and filing certain motions, but counsel may engage in appropriate discovery and motion practice before an order issues.

Except for the stated subparagraph D procedure, a discontinuance as to fewer than all parties requires notice and an opportunity for all other parties to respond.

Motions, petitions, responses, and briefs must be served on the appointed judicial officer assigned to asbestos litigation.

Filing an argument praecipe commences the briefing schedule, but the Court lists the case for argument with assistance from the appointed judicial officer.

Plaintiffs must, within the applicable four-month period, elect to pursue medical monitoring or transfer the case to inactive status.

A plaintiff who wants to pursue medical monitoring must notify the appointed judicial officer by letter and copy all other counsel.

A praecipe transferring a case to inactive status must use the prescribed form, including a caption, the specified request, and a certificate of service.

A motion for approval of discontinuance must request a rule to show cause on its cover sheet and be followed by an order form, petition, and original executed stipulation.

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

A discontinuance may be entered as to any other parties by stipulation signed by counsel for plaintiff, the original of which shall be transmitted to the appointed judicial officer assigned to asbestos litigation, with copies served on all other parties.

A certificate of service must identify by name and address the counsel or parties served; a generic reference to all parties or counsel of record is insufficient.

A settlement-approval petition must include the specified minor and guardian details, facts, damages, expenses, defendant liability limits, lien information, counsel fees, the minor’s health and injuries, and other relevant circumstances.

The petition must include a written report from attending providers about the injury, treatment, and prognosis, but qualifying settlements or cases where the Court is satisfied with the records may use those records instead.

The petition must include the minor’s written consent if the minor is at least 16 years old.

If counsel claims fees exceeding 25%, the petition must include counsel’s timesheets and supporting documentation showing the nature and extent of services rendered.

Counsel must submit a proposed final decree.

File the petition with the Prothonotary under the existing civil suit caption if a civil suit was initiated; otherwise file it with the Orphans’ Court Clerk under the specified minor caption. No motions court cover sheet is required.

After approval of a settlement involving a minor, file the Affidavit of Deposit of Minor’s Funds with the division where the petition was filed within 30 days of the approval order.

The Affidavit of Deposit of Minor’s Funds must substantially follow the form provided.

The moving party must promptly serve the respondent with the motion and a cover sheet stating the return day.

Unless the Court directs otherwise, covered motions in limine and other pretrial motions filed after a Pretrial Conference or after the case is listed for trial receive no return day and are referred to the designated Judge.

A movant seeking leave to withdraw as counsel must promptly serve the client with the motion and a cover sheet stating the return day.

More Judges in Montgomery County Court of Common Pleas

A. Nicole Tate-Wilborn
Judge
Carolyn T. Carluccio
Judge
Daniel G. Ronca
Judge
Daniel J. Clifford
Judge
Garrett D. Page
Judge
Henry S. Hilles III
Judge
Jeffrey S. Saltz
Judge
Kelly C. Wall
Judge