Court of Common Pleas of Montour County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuance requests for matters scheduled before a specially presiding tribunal will not be entertained by the Court and must be addressed to that tribunal.
- A party may request an extension to file a brief or a continuance of oral argument by written motion stating the reasons and the opposing party’s position.
- Absent cause shown in a special case, only one continuance will be granted for a party or similarly interested group, and a party’s request must be made at least one week before the arbitration hearing.
- +1 more
Request must include
- An attorney with a scheduling conflict must notify the Court Administrator at least 72 hours before the arbitration hearing.
Document Format Requirements7 rules
A. All pleadings and legal papers filed within the 26th Judicial District shall be prepared on 8 1/2 x 11 inch white paper. Exhibits which have length longer than 11 inches shall be reduced.
- Paper size
- Letter
All paper must be stapled at the top and not on the side.
- Binding
- Stapled
All papers shall be typewritten, double-spaced, and legible.
- Line spacing
- Double
All requests for transcripts shall be set forth on a standardized form provided by the District Court Administrator.
The form of the motion shall be as prescribed by Pa.R.C.P. No. 1920.74.
Backers are optional.
Formatting
- •Backers are optional
Script and italic type are discouraged but not prohibited.
Document Filing Requirements45 rules
If related claims are pending, the attached proposed decree shall contain a provision reserving the court's jurisdiction over the unresolved issues.
At the preliminary conference, the parties shall exchange memoranda reflecting their perceptions and positions on the issues, and provide the
A party who files exceptions to a master's report pursuant to Pa. R.C.P. 1920.55-2 (b) shall order, pay for, and file a transcript of the hearing conducted by the master.
Before the time of the pre-hearing conference, each party shall file a complete Inventory pursuant to Pa.R.C.P. No. 1920.33.
A proposed decree must be filed with the Account and Petition for Adjudication/Statement of Proposed Distribution and identify each recipient and the amount or share awarded.
Court's wording
At the time of filing the Account and Petition for Adjudication/Statement of Proposed Distribution, there shall also be filed a proposed decree to be issued by the court confirming or approving the Account. Said decree shall include the names of those to whom the balance available for distribution is awarded and the amount or share awarded to each.
Any such documents requiring immediate attention shall be forwarded directly to the appropriate Court Administrator by the attorney filing such papers.
All Petitions, Motions, or other Applications seeking relief from the Court shall be in writing and shall be filed with the Clerk of Court of the respective Court where trial will be or was held.
The issuing authority must give the specified notice at preliminary arraignment when an arrest warrant is issued, or when serving a summons if a summons is issued.
Court's wording
At the time of Preliminary Arraignment (in cases where an Arrest Warrant is issued) or at the time a Summons is served upon the defendant (in cases where a Summons is issued) the issuing authority shall give the following Notice to the Defendant: NOTICE To protect your legal rights, it is important that you promptly obtain an attorney to represent you at the preliminary hearing and any other proceedings in this case. If you believe that you cannot afford an attorney, you may qualify for representation by the Public Defender’s Office. To apply for representation, you should contact the following as soon as possible: (Name, address and phone number of the appropriate Public Defender’s Office to be inserted here.)
3. All record owners of the real estate must execute the appropriate surety documents.
1. A certification by an attorney licensed to practice in this Commonwealth stating the ownership of the real estate so offered and all liens against the same;
2. An appraisal or opinion letter (at the discretion of the Court or issuing authority) of the real estate made within thirty (30) days of the bail motion by a licensed real estate broker or appraiser; and
The arresting agency must deposit specified case and bail documents at the prison for the Magisterial District Judge to use at the preliminary arraignment.
Court's wording
The arresting agency detaining the Defendant shall provide to the Magisterial District Judge the original and copies of the Criminal Complaint with Probable Cause Affidavit attached, a copy of the Defendants’ criminal record, and any recommendation regarding bail for the Defendant, by depositing the documents at the Columbia County Prison or Montour County Prison for use by the Magisterial District Judge.
B. All papers shall be signed by the attorney submitting the paper. Immediately beneath the signature, there shall appear the attorney’s typewritten name, office address, attorney identification number, and telephone number.
- Document
- Legal paper
- Placement
- Signature block
C. For a party proceeding pro se; immediately beneath the signature there shall appear the legibly printed or typewritten name, address and telephone number.
- Placement
- Signature block
B. Trial Briefs, Pretrial Memoranda, and trial documents such as Points for charge, Motions in Limine, and similar documents shall be stamped “Received but NOT FILED of record.”
The petitioner shall attach to the front of the petition a proposed order substantially in the following form:
- Document
- Petition
Must include
- •Proposed order
The prescribed proposed order must address the rule to show cause, the respondent’s answer, the governing petition procedure, a pre-disposition conference, and notice of the order’s entry to all parties.
Court's wording
(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within twenty (20) days of service upon the respondent; (3) the petition shall be decided under Pa.RCP 206.7; (4) a pre-disposition conference shall be held on ___________, at _____ _____.m. in the undersigned Judge’s Chambers of the ____________________County Courthouse,__________ Pennsylvania; and, (5) notice of the entry of this order shall be provided to all parties by the moving party.
All motions filed shall include a certification, signed by counsel for the moving party or by the pro se moving party, stating whether the motion is contested or uncontested. In the absence of the certification required by this rule, the motion shall be deemed contested.
A contested or deemed-contested motion must have a proposed order in substantially the prescribed form attached to its front.
- Document
- Contested motion
Must include
- •Proposed order
Court's wording
(1) All motions filed with a certification that the motion is contested or deemed contested pursuant to L.R. 208.2(d) shall have attached to the front thereof a proposed order substantially in the following form:
All motions filed shall include a brief statement of the applicable authority.
A discovery motion must include a certification signed by moving counsel or the pro se moving party confirming that the required conference or attempted conference occurred.
Court's wording
All motions filed relating to discovery shall include a certification, signed by counsel for the moving party or by the pro se moving party, stating that counsel or the pro se party has conferred or attempted to confer with all interested parties in order to resolve the matter without court action.
All briefs must include the case caption, procedural history, relevant facts, issues, and comprehensive argument addressing relevant authorities and distinguishing conflicting authorities.
- Document
- Brief
Must include
- •Caption
- •Statement of facts
Court's wording
All briefs shall contain the following information: (1) The caption of the case. (2) A brief procedural history and comprehensive statement of the relevant facts. (3) The issues before the court. (4) Comprehensive argument and discussion addressed to the issues with all relevant and recent authorities. The argument shall specifically cite and endeavor to distinguish all conflicting or opposing authorities.
A covered ex parte motion must include a signed certificate stating whether opposing counsel was notified of the presentation time and, if not personally notified, describing the notification efforts; failure to attach it may result in denial.
Court's wording
C. A Motion presented to the Court pursuant to Subsection A shall include a Certificate signed by the Moving Party stating whether or not opposing counsel was notified of the time such Motion would be presented, and if opposing counsel was not personally notified, setting forth the efforts made by the Moving Party to do so. Failure to attach a Certificate in accordance with this subsection shall be grounds for denial of the relief sought.
Preliminary objections raising issues under Pa.RCP 1028(a)(1), (5), or (6) must be endorsed with a notice to plead and include a proposed order attached to the front, substantially in the prescribed form.
- Document
- Preliminary objections
Must include
- •Proposed order
Court's wording
(1)(A) All preliminary objections filed raising an issue or issues under Pa.RCP 1028(a)(1), (5) or (6) (i.e., objections that cannot be determined from facts of record) shall be endorsed with a notice to plead and shall have attached to the front thereof a proposed order substantially in the following form: (CAPTION) ORDER AND NOW, this ______ day of _______, __________, upon consideration of the within preliminary objections, it is hereby ordered as follows: (1) the responding party shall file an answer to the preliminary objections within twenty (20) days of service upon the responding party. (2) a pre-disposition conference shall be held on ___________, _____, at __________________m. in the undersigned Judge’s Chambers of the ______________ County Courthouse, ______________, Pennsylvania. (3) notice of the entry of this order shall be provided to all parties by the party filing the preliminary objections. BY THE COURT:
A Notice to Defend under Pa.R.C.P. 1018.1 must include the listed North Penn Legal Services and Pennsylvania Lawyer Referral Service addresses and contact information.
Court's wording
The addresses to be included in the Notice to Defend referred by Pa.R.C.P. 1018.1 shall be as follows: NORTH PENN LEGAL SERVICES 168 EAST FIFTH STREET BLOOMSBURG, PA 17815 (570) 784-8760 PENNSYLVANIA LAWYER REFERRAL SERVICE PENNSYLVANIA BAR ASSOCIATION PO BOX 186 HARRISBURG, PA 17108 1-800-692-7375
All preliminary objections filed raising an issue or issues solely under Pa.RCP 1028(a)(2), (3) or (4) (i.e., objections that may be determined from facts of record without further evidence) shall be accompanied by a brief in support of the objections and a praecipe for argument court in substantially the following form:
An extension or continuance request must be made by motion and include a proposed order.
- Document
- Extension or continuance motion
Must include
- •Proposed order
Court's wording
A party may file a written request to the court for an extension of time to file a brief or for a continuance of oral argument. The request shall be in the form of a motion with a proposed order and shall indicate the reasons for the requested extension or continuance and shall further state whether the opposing counsel or opposing pro se party or parties agree or object to said request.
(1) All motions for judgment on the pleadings shall be accompanied by a brief in support of the motion and praecipe for argument court in substantially the form set forth under L.R. 1028(c)(2)(A).
The filer must file a certificate of service in the Prothonotary’s office.
- Document
- Preliminary objections
Must include
- •Certificate of service
Court's wording
(2)(D) The party filing the preliminary objections shall serve a copy of the preliminary objections, praecipe for argument court and brief on the opposing counsel or pro se opposing party or parties within five (5) days of the filing date and shall file a certificate of service in the Prothonotary’s office.
This request shall be made on forms to be prepared by the Court Administrator
The Pretrial Memorandum must include the specified statements and separate lists concerning claims, issues, counsel, witnesses, exhibits, depositions, stipulations, special requests, voir dire, unusual legal issues, and settlement negotiations.
Court's wording
The Pretrial Memorandum shall contain the following: 1. A concise statement of the claim or defense on liability and damages; 2. A separate list of the issues involved on liability and damages; 3. A separate list of those attorneys present at the attorney conference with identification of the party each represents and the date of the attorney conference; 4. A separate list of witnesses on liability and on damages, showing the address of each and a concise summary of each witness’s proposed testimony; 5. A separate list of exhibits on liability and damages; 6. A list of all deposition transcripts to be used in lieu of testimony and a statement of known objections thereto; 7. A statement of all stipulations sought from opposing parties; 8. A statement of any special request, such as request for a view, special time for a witness, courtroom needs, etc.; 9. A list of any special voir dire examination of prospective jurors requested by counsel; 10. Identification of any unusual legal issues which counsel expect to arise in the case. Motions in Limine should be filed no later than the date for submission of the Pretrial Memorandum; and, 11. Statement of the status of settlement negotiations to date.
Either party must file a Certificate of Readiness for Trial Listing with the Prothonotary to list a case for trial.
Court's wording
Cases at issue shall be listed for trial by either party filing a Certificate of Readiness for Trial Listing with the Prothonotary and by mailing a copy to all opposing counsel and to the Court Administrator in accordance with the provisions of Rule of Civil procedure.
At trial, each party will be limited to those witnesses, exhibits and documents set forth in the Pretrial Memorandum unless: 1. All parties affected by any change agree in writing, which shall be filed with the Court;
Prompt notice of changes in the list of witnesses, exhibits or documents is made by filing with the trial Judge and servicing other counsel with s Supplemental Pretrial Memorandum;
Counsel must submit Pre-Conference Statements to the Court containing the listed information and attached expert reports.
Court's wording
At least seven (7) days prior to the Mediation or Settlement Conference, counsel shall submit Pre-Conference Statements to the Court which shall contain all of the following: a. A brief statement of the facts and events out of which the party’s claim or counterclaim arose or upon which the party’s defense is based. b. A brief summary of the known special damages the party has incurred to date, if applicable. c. A list of witnesses who will testify at trial. d. An estimate of the trial time required. e. A statement of unusual legal issues presented, including significant questions of evidence. f. A list of exhibits to be introduced at trial. g. A statement of settlement negotiations to date, including the plaintiff’s most recent demand and the defendant’s most recent offer. h. Expert reports shall be attached to the Pre-Conference Statements.
The party requesting the full or partial transcript of a trial or other proceeding shall file the original request with the Prothonotary/Clerk of Courts, or Clerk of Orphans Court office.
A litigant claiming economic hardship must apply to waive or reduce transcript costs, and file the application with the transcript request in the appropriate filing office.
Court's wording
(1) When a litigant requests a transcript, but cannot pay for the transcript because of an alleged economic hardship, the Court shall determine the economic hardship based upon application of the litigant to waive or reduce the cost(s) pursuant to R.C.P. 240. Such application shall be filed in the appropriate filing office with the request for transcript.
Upon final payment of any balance due for said transcript(s), the Court Reporter shall obtain the signature of the presiding judge on the original transcript and file the original transcript in the appropriate filing office.
Legal aid services must verify on the Transcript Request Form that the matter is under appeal or that the transcript being requested is necessary to advance current litigation.
Preliminary objections lacking the required brief or praecipe will be docketed, but no action will be taken until the filing party complies with L.R. 1028(c)(2)(A).
Court's wording
(2)(B) If the preliminary objections are not accompanied by a brief and/or praecipe for argument court, the prothonotary shall time-stamp and docket the document and shall advise the filing party that no action will be taken on the matter until there has been compliance with the requirements of L.R. 1028(c)(2)(A).
A motion for judgment on the pleadings lacking the required brief or praecipe will be docketed, but no action will be taken until the filing party complies with L.R. 1034(a)(1).
Court's wording
(2) If the motion for judgement on the pleadings is not accompanied by a brief and/or praecipe for argument court, the Prothonotary shall time-stamp and docket the document and shall advise the filing party that no action will be taken on the matter until there has been compliance with the requirements of L.R. 1034(a)(1).
(H) Notice of Completion: The court reporter(s) shall notify the ordering party of the completion of the transcript.
If related claims are resolved by means of a written agreement between the parties, a copy of the agreement may be attached to the praecipe to transmit record along with an appropriate proposed decree.
If the petitioner requests a stay, the order may be modified accordingly.
(2) If the moving party requests a stay, the form of the order may be modified accordingly.
Filing & Service rules
Electronic Filing Rules
Domestic Relations papers must be filed only at the Domestic Relations Office.
A. Domestic Relations papers will be filed only at the Domestic Relations Office.
Page 2 | FILING OF PAPERS
A party or counsel must personally file one copy of the arbitration request with the Court Administrator.
One copy of the request shall be filed personally by the party or counsel to the Court Administrator
Page 9 | L.R. No. 1301(B) — Time for Submission to Arbitration by Parties
Filing Timing and Cure Windows
The complete Inventory must be filed before the pre-hearing conference.
Before the time of the pre-hearing conference, each party shall file a complete Inventory pursuant to Pa.R.C.P. No. 1920.33.
Civil cases
Page 5 | DIVORCE SPECIAL MASTER RULES
The proposed decree must be filed when the Account and Petition for Adjudication/Statement of Proposed Distribution are filed.
At the time of filing the Account and Petition for Adjudication/Statement of Proposed Distribution, there shall also be filed a proposed decree to be issued by the court confirming or approving the Account. Said decree shall include the names of those to whom the balance available for distribution is awarded and the amount or share awarded to each.
Civil cases
Page 6 | L.R. 2.9. Confirmation of Accounts. Proposed Decree for Distribution
The respondent must file an answer to the petition within 20 days after service.
(2) the respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;
Page 2 | ISSUANCE OF RULE TO SHOW CAUSE
The respondent must file an answer to the motion within 20 days after service.
(2) the respondent shall file an answer to the motion within twenty (20) days of service upon the respondent;
Page 4 | ALTERNATIVE PROCEDURES
The Court may not grant a motion to compel written discovery ex parte until at least ten days after filing, allowing the opposing party time to respond.
E. Upon the filing of a motion to compel written discovery, the Court shall not issue an ex parte order granting the motion in less than ten (10) days after the filing of the motion to give the opposing party time to respond to the motion.
Page 5 | MOTIONS REQUESTING EX PARTE RELIEF
A party opposing a motion certified or deemed contested must file a written response within twenty days after service; without a response, the court may consider the motion uncontested as to that party.
If a motion is filed with a certification that the motion is contested or is deemed to be contested pursuant to L.R. 208.2(d), then any party opposing the relief requested shall file a written response to the motion within twenty (20) days after service of the motion. In the absence of a response, the court may consider the motion to be uncontested by any non- responding party.
Page 5 | MOTION RESPONSE
The prescribed order directs the responding party to answer preliminary objections within twenty days of service.
(1) the responding party shall file an answer to the preliminary objections within twenty (20) days of service upon the responding party.
Page 6 | PRELIMINARY OBJECTIONS
The arbitration request must be time-stamped in the Prothonotary’s Office before it is presented to the Court Administrator.
This request shall be made on forms to be prepared by the Court Administrator, and shall be time- stamped in the Office of the Prothonotary prior to presentation to the Court Administrator.
Page 9 | L.R. No. 1301(B) — Time for Submission to Arbitration by Parties
An attorney seeking replacement as an arbitrator must notify the Court Administrator in writing with the reasons no later than ten days before the setting; if the reason arises after the seven-day period, the attorney must notify the Court Administrator immediately.
If any attorney wishes to be replaced as an arbitrator in any particular arbitration hearing, the attorney shall advise the Court Administrator, in writing, no later than ten (10) days before the scheduled arbitration setting forth the reasons why the attorney cannot be present at the arbitration and the attorney can be excused from serving on the Board of Arbitration for reasonable cause. If the reason why the attorney cannot appear at the scheduled arbitration arose after the seven (7) day period, the attorney shall immediately advise the Court Administrator of the reasons why he or she cannot attend the arbitration.
Page 10 | L.R. No. 1302(D) — Selection of Arbitrators
Each party's counsel must submit a Pretrial Memorandum to the assigned judge at least ten days before the scheduled conference.
Counsel for each party shall thereafter submit a Pretrial memorandum to the judge before whom the case is scheduled at least ten (10) days prior to the scheduled conference.
Page 11 | L.R. No. 212.3 PRETRIAL CONFERENCE
Counsel must submit Pre-Conference Statements at least seven days before the Mediation or Settlement Conference.
At least seven (7) days prior to the Mediation or Settlement Conference, counsel shall submit Pre-Conference Statements to the Court which shall contain all of the following:
Page 13
A written request for a daily, expedited, or same-day transcript must be filed at least 10 days before the proceeding, and copies must be served as provided in Section (C).
Daily, expedited or same-day transcripts are available upon written request with the appropriate filing office at least 10 days prior to the proceeding. Copies of the request shall be served as provided by Section (C).
Page 2 | L.R. No. 4007 REQUESTS FOR TRANSCRIPTS
Motions in Limine should be filed no later than the date for submission of the Pretrial Memorandum;
Motions in Limine should be filed no later than the date for submission of the Pretrial Memorandum;
Page 12 | L.R. No. 212.3 PRETRIAL CONFERENCE
Service and Proof of Service Rules
After the appointment order is filed, the master must immediately schedule a preliminary conference, promptly schedule a hearing, and notify all parties or their counsel of record.
The master shall schedule a preliminary conference immediately after the order of appointment has been filed and promptly schedule a hearing and give notice to all parties or their counsel of record.
Civil cases
Page 4 | L.R. 1920.51. Appointment of Master. Preliminary Conference. Payment of Master's Fees
The moving party is responsible for service and must follow applicable law and any special instructions from the Court.
B. Service shall be the responsibility of the Moving Party, and shall be in accordance with applicable law and other special instructions as directed by the Court.
Criminal cases
Page 1 | L.R. No. 576 FILING AND SERVICE BY PARTIES
The Court Administrator must receive proof of service before the matter is referred to the Special Master.
upon receipt by the Court Administrator of proof of service.
Page 1 | ORDER OF COURT APPOINTING SPECIAL MASTER
The moving party must provide all parties notice of the order’s entry.
(5) notice of the entry of this order shall be provided to all parties by the moving party.
Page 2 | ISSUANCE OF RULE TO SHOW CAUSE
Before presenting a stay request, the requesting party must notify opposing counsel and any pro se parties of the intended presentation date, time, and place.
A request for a stay of execution pending disposition of a petition to open a default judgment shall be presented to the duty Judge after notice to opposing counsel and any pro se parties of the intended date, time and place of presentation.
Page 3 | ISSUANCE OF RULE TO SHOW CAUSE
The moving party must provide all parties with notice of entry of the order.
(5) notice of entry of this order shall be provided to all parties by the moving party.
Page 4 | ALTERNATIVE PROCEDURES
For specified motions seeking ex parte relief, the moving party must make diligent efforts to notify known opposing counsel as early as possible, using the stated telephone or message procedures.
A. A Moving Party intending to present to the Court a Motion requesting Injunctive Relief, a Stay of Proceedings, a Motion to Compel Discovery, or other ex parte relief shall make a diligent and conscientious effort to notify any known opposing counsel of the intent to present such a Motion at the earliest possible time. B. Consistent with the requirement set forth in Subsection A, the Moving Party shall, at a minimum, speak with opposing counsel by telephone, or leave a specific message with his or her staff during regular business hours, or if such notice must be delivered after the close of regular business hours, the Moving Party shall make reasonable attempts to speak with opposing counsel at this his or her home, or leave a specific message with a competent adjust residing therein.
Page 5 | MOTIONS REQUESTING EX PARTE RELIEF
When a party is unrepresented, the moving party's counsel must use the same notification and certificate procedures when attempting to notify that party.
D. In matters in which a party is unrepresented by counsel, counsel for the Moving Party shall follow the same procedures set forth above in Subsections A, B, and C in attempting to notify and unrepresented party.
Page 5 | MOTIONS REQUESTING EX PARTE RELIEF
The prescribed order directs the party filing preliminary objections to provide all parties notice of the order's entry.
(3) notice of the entry of this order shall be provided to all parties by the party filing the preliminary objections.
Page 6 | PRELIMINARY OBJECTIONS
The filer must serve the preliminary objections, praecipe, and brief on opposing counsel or pro se parties within five days of filing.
(2)(D) The party filing the preliminary objections shall serve a copy of the preliminary objections, praecipe for argument court and brief on the opposing counsel or pro se opposing party or parties within five (5) days of the filing date and shall file a certificate of service in the Prothonotary’s office.
Page 8 | PRELIMINARY OBJECTIONS
A copy of the arbitration request must be served on the opposing party or parties.
One copy of the request shall be filed personally by the party or counsel to the Court Administrator, and a copy shall be served upon the opposing party or parties.
Page 9 | L.R. No. 1301(B) — Time for Submission to Arbitration by Parties
The filing party must serve the motion, praecipe, and brief on opposing counsel or any pro se opposing parties within five days after filing and file a certificate of service with the Prothonotary.
The party filing the motion for judgement on the pleadings shall serve a copy of the motion, praecipe for argument court and brief on the opposing counsel or pro se opposing party or parties within five (5) days of the filing date and shall file a certificate of service in the Prothonotary’s office.
Page 9 | L.R. No. 1034(a)
A copy of the Certificate of Readiness for Trial Listing must be mailed to opposing counsel and the Court Administrator.
by mailing a copy to all opposing counsel and to the Court Administrator
Page 11 | L.R. No. 212.1 LISTING MATTERS FOR TRIAL
A Supplemental Pretrial Memorandum providing prompt notice of changes must be served on other counsel.
Prompt notice of changes in the list of witnesses, exhibits or documents is made by filing with the trial Judge and servicing other counsel with s Supplemental Pretrial Memorandum;
Page 12 | L.R. No. 212.3 PRETRIAL CONFERENCE
At least 20 days is considered reasonable notice for a deposition by oral examination.
A. A period of at least twenty (20) days is hereby determined by the Court to be “reasonable notice” required by Pa.R.C.P. 4007.1(b).
Page 14 | L.R. No. 4007.1 PROCEDURE IN DEPOSITION BY ORAL EXAMINATION
Objections to interrogatories, document-production requests, and requests for admission must be served on opposing counsel within 30 days after service of the request, or the objection is waived.
Any objection to an interrogatory, request for production of documents or request for admission shall be served upon opposing counsel within thirty (30) days of service of said request. Failure to service upon opposing counsel a timely objection in accordance with the provisions of this Rule shall be deemed a waiver of objection to the interrogatory, request for production of documents or request for admission.
Page 14 | L.R. No. 4011 OBJECTIONS TO DISCOVERY REQUEST
The requesting party must serve copies of the formal transcript request on the presiding judge, assigned court reporter, District Court Administrator, and opposing counsel or unrepresented party.
The requesting party shall serve copies of the formal request to: - 1. The Presiding Judge - 2. The court reporter assigned to the proceeding - 3. District Court Administrator - 4. Opposing counsel or party, if party is unrepresented
Page 2 | L.R. No. 4007 REQUESTS FOR TRANSCRIPTS
The Court Administrator must notify the arbitrators and each party or the party’s attorney of the hearing date and location.
The Court Administrator shall give notice of the hearing date and location to the Arbitrators and each party or his attorney.
Page 9 | L.R. No. 1301(D) — Scheduling of Hearings
The court reporter must deliver transcript copies to the parties.
Copies shall also be delivered to the parties by the court reporter.
Page 3 | (H) Notice of Completion
The Press-Enterprise in Bloomsburg is approved for legal notices, legal advertising, and related matters in Columbia County.
A. The following are designated as newspapers of general circulation in and for Columbia County and thereby approved by the Court for legal notices, legal advertising, and related matters: 1. Press-Enterprise, Bloomsburg, PA
Page 1 | NOTICE BY PUBLICATION
The Danville News, Press-Enterprise, and The Daily Item are approved for legal notices, legal advertising, and related matters in Montour County.
B. The following are designated as newspapers of general circulation in and for Montour County and thereby approved by the Court for purposes of legal notices, legal advertising, and related matters: 1. The Danville News, Danville, PA 2. Press-Enterprise, Bloomsburg, PA 3. The Daily Item, Sunbury, PA
Page 1 | NOTICE BY PUBLICATION
Filing Fees and Waivers
A party requesting entry of a divorce decree must pay the court-set administrative review fee unless granted leave to proceed in forma pauperis.
Any party filing a request for entry of a decree in divorce shall pay, in addition to all other fees, an administrative review fee as set by the Court or the court has granted leave to proceed in forma pauperis.
Civil cases
Page 4 | L.R.1920.42. Affidavit and Decree under 3301(c) or 3301(d)
When filing a motion for appointment of a master, the moving party must pay the Prothonotary a court-set sum as security for the master's fees and costs.
The moving party shall pay a sum of money to the Prothonotary at the time the motion is filed, which sum shall be set from time to time by order of court, as security for payment of master's fees and costs.
Civil cases
Page 4 | L.R. 1920.51. Appointment of Master. Preliminary Conference. Payment of Master's Fees
If a judgment has been entered on a bail bond, the Clerk of Court must mark it satisfied after receiving an order discharging the defendant and payment of the applicable administrative, filing, and satisfaction fees.
In the event a Judgement has been entered on any bail bond, upon receiving and Order that the defendant has been discharged from all obligations, the Clerk of Court shall, upon payment of the appropriate administrative, filing and satisfaction fees, mark the Judgment satisfied on the record.
Criminal cases
Page 2 | L.R. No. 520 BAIL
When bail is set for release, a non-refundable $25 administrative fee must be paid to the county Clerk of Courts and is earned when the bail undertaking is executed.
B. Administrative Fee. In all court cases where an amount of bail is set for release, a non- refundable administrative fee of twenty-five dollars ($25.00) shall be paid to the Clerk of Courts of the respective county where trial will be held. The administrative fee shall be considered as earned at the time of bail undertaking is executed.
Criminal cases
Page 2 | L.R. No. 520 BAIL
Checks must be made payable to The 26th Judicial District and delivered to the court reporter.
All checks are to be made payable to The 26th Judicial District and shall be delivered to the Court Reporter.
Page 2 | L.R. No. 4007 REQUESTS FOR TRANSCRIPTS
A private litigant requesting a transcript must pay the assigned court reporter a deposit equal to 75% of the estimated total transcript cost.
When a private litigant requests a transcript or other proceeding, the litigant making the request shall make payment in the amount of 75% of the estimated total cost of the transcript to the Court Reporter assigned to the proceeding
Page 2 | L.R. No. 4007 REQUESTS FOR TRANSCRIPTS
For economic-hardship cases, transcript costs must be waived or adjusted when the matter is on appeal or the transcript is necessary to advance litigation.
(2) In cases of economic hardship where the matter is under appeal or a transcript is necessary to advance litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the Court.
Page 3 | (I) Economic Hardship
When there is no pending appeal or obvious litigation need, a requesting party claiming economic hardship must demonstrate reasonable need before transcript costs may be waived or adjusted.
(3) In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance litigation, the requesting party must demonstrate reasonable need before the Court shall waive or adjust the cost of obtaining the transcript.
Page 3 | (I) Economic Hardship
The divorce master may estimate hearing time and, at their discretion, require additional reasonable deposits for court reporter and master's fees.
The divorce master may estimate the time required for each master's hearing, and may, in his or her discretion, require the additional deposit of reasonable sums for court reporter's and master's fees.
Civil cases
Page 4 | L.R. 1920.51. Appointment of Master. Preliminary Conference. Payment of Master's Fees
After the bail bond conditions are performed and the defendant has made all required appearances, the deposited bail is returned less any administrative costs.
When the conditions of a bail bond have been performed and the defendant has made all required appearances in the case, the Clerk of Court shall return to the person posting bail, unless the bail deposited, less any administrative costs.
Criminal cases
Page 2 | L.R. No. 520 BAIL
Litigants represented by legal aid services do not have to prove economic hardship.
Litigants represented by legal aid services are not required to prove economic hardship.
Page 3 | (I) Economic Hardship
When a transcript is requested for which the court or county is irresponsible for the cost(s), the court reporter shall prepare the transcript without the necessity of a deposit
When a transcript is requested for which the court or county is irresponsible for the cost(s), the court reporter shall prepare the transcript without the necessity of a deposit
Page 3 | (H) Notice of Completion
The maximum charge for a transcript in complex litigation, such as medical malpractice, is $4.50 per page under the initial-ordering-party schedule.
(A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed: - 6. For complex litigation, $4.50 per page (i.e. Medical Malpractice)
Page 4 | Rule 4008(A)
A paper copy of a previously ordered and filed transcript costs $0.75 per page.
(D) Requests for copies of Transcripts previously ordered and filed of record shall be directed to and produced solely by the Court Reporters' office. Costs for filed transcripts shall be as follows: - 1. $.75 per page, paper format
Page 4 | Rule 4008(D)
The maximum charge to the initial ordering party for a transcript delivered the same day electronically is $6.50 per page.
(A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed: - 4. For same-day delivery, $6.50 per page
Page 4 | Rule 4008(A)
The maximum charge to the initial ordering party for an expedited transcript delivered electronically is $3.50 per page.
(A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed: - 2. For an expedited transcript, $3.50 per page
Page 4 | Rule 4008(A)
The maximum charge to the initial ordering party for an ordinary transcript delivered electronically is $2.50 per page.
(A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed: - 1. For an ordinary transcript, $2.50 per page
Page 4 | Rule 4008(A)
The cost payable by the Commonwealth or a subdivision for a daily transcript is $3.50 per page.
(B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows: - 3. For a daily transcript $3.50 per page
Page 4 | Rule 4008(B)
The maximum charge to the initial ordering party for a daily transcript delivered electronically is $4.50 per page.
(A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed: - 3. For a daily transcript, $4.50 per page
Page 4 | Rule 4008(A)
When multiple parties request a transcript or are required by general rule to file it, the cost must be divided equally among them.
(C) When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.
Page 4 | Rule 4008(C)
The cost payable by the Commonwealth or a subdivision for an ordinary transcript is $2.00 per page.
(B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows: - 1. For an ordinary transcript, $2.00 per page
Page 4 | Rule 4008(B)
The cost payable by the Commonwealth or a subdivision for a transcript in complex litigation is $3.50 per page.
(B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows: - 6. For complex litigation, $3.50 per page
Page 4 | Rule 4008(B)
The cost payable by the Commonwealth or a subdivision for transcript copies is $0.25 per page.
(B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows: - 5. For copies, $.25 per page
Page 4 | Rule 4008(B)
An electronic copy of a previously ordered and filed transcript costs $0.50 per page.
(D) Requests for copies of Transcripts previously ordered and filed of record shall be directed to and produced solely by the Court Reporters' office. Costs for filed transcripts shall be as follows: - 2. $.50 per page, electronic format
Page 4 | Rule 4008(D)
The cost payable by the Commonwealth or a subdivision for an expedited transcript is $2.25 per page.
(B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows: - 2. For an expedited transcript $2.25 per page
Page 4 | Rule 4008(B)
The cost payable by the Commonwealth or a subdivision for same-day transcript delivery is $5.50 per page.
(B) Costs payable by the Commonwealth or a subdivision thereof shall be governed as follows: - 4. For same-day delivery, $5.50 per page
Page 4 | Rule 4008(B)
No party may be assessed costs for a transcript prepared at the Court’s initiation.
Costs shall not be assessed against any party for transcripts prepared at the initiation of the Court.
Page 4 | Rule 4008(C)
The maximum charge for copies delivered electronically under the initial-ordering-party schedule is $0.25 per page.
(A) Costs payable to the initial ordering party for transcripts delivered via electronic format shall not exceed: - 5. For copies, $.25 per page
Page 4 | Rule 4008(A)
Pre-Motion Conference Requirements
A discovery motion must include a signed certification that the moving party conferred or attempted to confer with all interested parties to resolve the matter without court action.
All motions filed relating to discovery shall include a certification, signed by counsel for the moving party or by the pro se moving party, stating that counsel or the pro se party has conferred or attempted to confer with all interested parties in order to resolve the matter without court action.
Page 3 | CONTESTED MOTIONS
Adjournment & Extension Requirements
Continuance requests for matters scheduled before a specially presiding tribunal will not be entertained by the Court and must be addressed to that tribunal.
A request for continuance in any matter scheduled before a district justice, special master, Board of Arbitration, hearing officer, or any other specially presiding tribunal will not be entertained by the Court. Instead, all such requests shall be addressed to the appropriate specially presiding tribunal.
Page 1 | CONTINUANCES
A party may request an extension to file a brief or a continuance of oral argument by written motion stating the reasons and the opposing party’s position.
A party may file a written request to the court for an extension of time to file a brief or for a continuance of oral argument. The request shall be in the form of a motion with a proposed order and shall indicate the reasons for the requested extension or continuance and shall further state whether the opposing counsel or opposing pro se party or parties agree or object to said request.
Page 8 | PRELIMINARY OBJECTIONS
Absent cause shown in a special case, only one continuance will be granted for a party or similarly interested group, and a party’s request must be made at least one week before the arbitration hearing.
Except for cause shown in special cases, only one (1) continuance of a case will be granted on behalf of one party or group of parties having similar interests, and in no instance shall, a continuance be granted to a party unless the request is made at least one (1) week prior to the date scheduled for the arbitration hearing.
Page 9 | L.R. No. 1301(E) — Continuances
An attorney with a scheduling conflict must notify the Court Administrator at least 72 hours before the arbitration hearing.
If an attorney has a scheduling conflict, he must notify the Court Administrator no less than 72 hours prior to the arbitration hearing.
Page 9 | L.R. No. 1301(E) — Continuances
Arbitrators cannot receive a continuance and must serve as appointed unless the President Judge excuses them for good cause.
In no instance will a continuance be granted to an Arbitrator. All Arbitrators are required to serve as appointed and may be relieved of their appointment only by being excused by the President Judge upon good cause shown.
Page 10 | L.R. No. 1301(F) — Duty of Arbitrators
Requests for continuances in criminal cases must follow L.R. 216.
A. Requests for continuance in any criminal case shall be as provided by L.R. 216.
Criminal cases
Page 1 | L.R. No. 106 CONTINUANCES
Chambers Communication Rules
A stay request must be presented to the duty Judge after the opposing counsel and any pro se parties are notified of when and where it will be presented.
A request for a stay of execution pending disposition of a petition to open a default judgment shall be presented to the duty Judge after notice to opposing counsel and any pro se parties of the intended date, time and place of presentation.
Page 3 | ISSUANCE OF RULE TO SHOW CAUSE