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

CRITICAL

Applies to

Written agreement

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;

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;

CRITICAL

Applies to

Legal paper

A self-represented party must place a legibly printed or typewritten name, address, and telephone number immediately beneath the signature.

C. For a party proceeding pro se; immediately beneath the signature there shall appear the legibly printed or typewritten name, address and telephone number.

CRITICAL

Applies to

Arbitration request

An arbitration request must use forms prepared by the Court Administrator.

This request shall be made on forms to be prepared by the Court Administrator

CRITICALCriminal cases

Applies to

Urgent filing

An attorney filing a document that requires immediate attention must forward it directly to the appropriate Court Administrator.

Any such documents requiring immediate attention shall be forwarded directly to the appropriate Court Administrator by the attorney filing such papers.

CRITICAL

Applies to

Transcript request

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.

(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.

CRITICAL

Applies to

Extension or continuance motion

Must include

proposed order

An extension or continuance request must be made by motion and include a proposed order.

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.

CRITICAL

Applies to

Brief

Must include

caption

All briefs must include the case caption, procedural history, relevant facts, issues, and comprehensive argument addressing relevant authorities and distinguishing conflicting authorities.

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.

CRITICAL

Applies to

Trial documents

Trial briefs, pretrial memoranda, and trial documents such as points for charge and motions in limine must be stamped “Received but NOT FILED of record.”

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.”

CRITICAL

Applies to

Pre conference statement

Counsel must submit Pre-Conference Statements to the Court containing the listed information and attached expert reports.

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.

CRITICAL

Applies to

Motion

Every motion must include a certification signed by moving counsel or the pro se moving party stating whether it is contested; without the certification, the motion is deemed contested.

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.

CRITICAL

Applies to

Preliminary objections

Must include

proposed order

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.

(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:

CRITICAL

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must include a supporting brief and a praecipe substantially in the form specified under L.R. 1028(c)(2)(A).

(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).

CRITICALCriminal cases

Applies to

Bail surety documents

All record owners of real estate offered as bail surety must execute the appropriate surety documents.

3. All record owners of the real estate must execute the appropriate surety documents.

CRITICALCriminal cases

Applies to

Bail surety submission

Real estate offered as bail surety must be accompanied by an attorney’s certification stating its ownership and all liens against it.

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;

CRITICAL

Applies to

Motion

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.

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.

CRITICALCriminal cases

Applies to

Bail surety submission

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

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

CRITICALCriminal cases

Applies to

Petition motion application

Petitions, motions, and other applications for relief must be written and filed with the Clerk of Court where the trial will be or was held.

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.

CRITICAL

Applies to

Legal paper

An attorney submitting a paper must sign it and place the attorney’s typewritten name, office address, identification number, and telephone number immediately beneath the signature.

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.

CRITICAL

Applies to

Petition

Must include

proposed order

The petitioner must attach a proposed order, substantially in the prescribed form, to the front of the petition.

The petitioner shall attach to the front of the petition a proposed order substantially in the following form:

CRITICAL

Applies to

Original transcript

After final payment of any balance due, the court reporter must obtain the presiding judge’s signature on the original transcript and file it in the appropriate filing office.

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.

CRITICALCriminal cases

Applies to

Preliminary arraignment documents

The arresting agency must deposit specified case and bail documents at the prison for the Magisterial District Judge to use at the preliminary arraignment.

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.

CRITICAL

Applies to

Pretrial memorandum

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.

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.

CRITICAL

Applies to

Transcript request form

Legal aid services must verify on the Transcript Request Form that the matter is on appeal or the transcript is necessary to advance current litigation.

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.

CRITICALCriminal cases

Applies to

Notice to defendant

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.

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.)

CRITICAL

Applies to

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.

(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.

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions must order, pay for, and file the transcript of the master's hearing.

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.

CRITICALCivil cases

Applies to

Proposed decree

A proposed decree attached when related claims remain pending must reserve the court's jurisdiction over those issues.

If related claims are pending, the attached proposed decree shall contain a provision reserving the court's jurisdiction over the unresolved issues.

CRITICAL

Applies to

Supplemental pretrial memorandum

Changes to the witness, exhibit, or document lists require prompt notice by filing a Supplemental Pretrial Memorandum with the trial Judge and serving it 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;

CRITICAL

Applies to

Preliminary objections

Preliminary objections raising only issues under Pa.RCP 1028(a)(2), (3), or (4) that can be determined from the record must include a supporting brief and a praecipe substantially in the stated form.

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:

CRITICAL

Applies to

Transcript request

The requesting party must file the original transcript request with the Prothonotary/Clerk of Courts or the Clerk of Orphans Court office.

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.

CRITICAL

Applies to

Contested motion

Must include

proposed order

A contested or deemed-contested motion must have a proposed order in substantially the prescribed form attached to its front.

(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:

CRITICAL

Applies to

Notice to defend

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.

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

CRITICAL

Applies to

Preliminary objections

Must include

certificate of service

The filer must file a certificate of service in the Prothonotary’s office.

(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.

CRITICALCivil cases

Applies to

Proposed decree for distribution

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.

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.

CRITICAL

Applies to

Certificate of readiness for trial listing

Either party must file a Certificate of Readiness for Trial Listing with the Prothonotary to list a case for trial.

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.

CRITICALCivil cases

Applies to

Inventory

Each party must file a complete Inventory pursuant to Pa.R.C.P. No. 1920.33.

Before the time of the pre-hearing conference, each party shall file a complete Inventory pursuant to Pa.R.C.P. No. 1920.33.

CRITICAL

Applies to

Motion

Every motion must include a brief statement of the applicable authority.

All motions filed shall include a brief statement of the applicable authority.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

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.

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.

CRITICALCivil cases

Applies to

Memoranda

At the preliminary conference, the parties must exchange memoranda stating their perceptions and positions on the issues.

At the preliminary conference, the parties shall exchange memoranda reflecting their perceptions and positions on the issues, and provide the

WARNING

Applies to

Preliminary objections

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).

(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).

WARNING

Applies to

Transcript

The court reporter must notify the ordering party when the transcript is complete.

(H) Notice of Completion: The court reporter(s) shall notify the ordering party of the completion of the transcript.

WARNING

Applies to

Motion for judgment on the pleadings

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).

(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).

INFO

Applies to

Order

If the petitioner requests a stay, the order may be modified to reflect that request.

If the petitioner requests a stay, the order may be modified accordingly.

INFOCivil cases

Applies to

Praecipe

When related claims are resolved by written agreement, a copy of the agreement may be attached to the praecipe with an appropriate proposed decree.

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.

INFO

Applies to

Proposed order

If the moving party requests a stay, the proposed order may be modified to reflect that request.

(2) If the moving party requests a stay, the form of the order may be modified accordingly.