Philadelphia Court of Common Pleas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- If a defendant fails to submit the Notice of Defense and appears to defend, the Court may grant a continuance requiring the defendant to return to court on a different day.
- Continuance requests must be in writing on a court-approved form, include the citation number and hearing date/time/courtroom, state the reasons, and be supported by documentation.
- Same-day continuance requests must be in writing on the court-approved form and presented to the presiding judge or hearing officer; they are denied unless the cause did not previously exist, the defendant was unaware, or the interests of justice require it.
- +20 more
Request must include
- Continuances require good cause, must be requested at least 10 days before the scheduled hearing, and must be served on all parties.
- An attorney of record in a support case who is scheduled for a proceeding on a date previously filed as unavailable must request a continuance within 10 calendar days of service of the notice.
- Continuance requests must be received at least 48 hours before the trial or hearing; later requests are granted only if the cause did not previously exist, the defendant was unaware, or the interests of justice require it.
- Continuances for physical witnesses require advance notice to the physician and a 24-hour continuance if a subpoenaed physician fails to appear.
- To reschedule an Arbitration Hearing by agreement, parties must file the required application no later than noon at least two business days before the original hearing, all counsel and unrepresented parties must sign it, the agreed date must be within two weeks of the original date, and the stay may be made only once per case.
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Intake Unit
Document Format Requirements40 rules
Electronic files must not exceed 5MB and must be split into multiple files if larger.
All files must be no larger than 5MB each. will be subject to a size limitation. The size limitation may be updated from time to time and will be clearly indicated on the file upload screen of the electronic filing system. If an electronic file exceeds this limit, then it must be split into multiple files;
Electronic files must not be modified after creation; modification may cause rejection.
After an electronic file is created, it must not be modified in any way. If an electronic filing is modified, it may be incompatible with the electronic filing system and will be rejected.
Electronic files must not contain passwords or security restrictions; otherwise they will be rejected.
No security, passwords, or other restrictions may be placed on electronic files. If an electronic file contains passwords or other security devices, it will be rejected;
Electronic files must not be modified after creation, as modified filings may be incompatible and rejected.
(4) After an electronic file is created, it must not be modified in any way. If an electronic filing is modified, it may be incompatible with the electronic filing system and will be rejected.
Electronic files must not contain security, passwords, or other restrictions, or they will be rejected.
(3) No security, passwords, or other restrictions may be placed on electronic files. If an electronic file contains passwords or other security devices, it will be rejected;
All specified legal papers must be filed in PDF format.
All legal papers specified above shall be filed in a portable document format (“pdf”).
All electronically filed legal papers must be filed as PDFs, retained electronically, and the court is not required to maintain a paper copy.
All legal papers electronically filed must be filed in a pdf and shall be maintained and retained by the Office of Judicial Records in an electronic format. Neither the Office of Judicial Records nor the court is required to maintain a hard copy of any legal paper filed electronically as provided in this rule.
Electronic files must not exceed 5MB each and must be split into multiple files if larger.
All files must be no larger than 5MB each. If an electronic file exceeds this limit, then it must be split into multiple files;
All PDF pages must be exactly 8.5 inches in size.
All PDF pages must be 8 and 1/2 inches in size exactly. Other file sizes may be incompatible with electronic filing;
Electronic files must not contain security, passwords, or other restrictions; such files will be rejected.
No security, passwords or other restrictions may be placed on electronic files. If an electronic file contains passwords or other security devices, it will be rejected;
Electronic files must not be modified after creation; modified filings may be rejected.
After an electronic file is created, it must not be modified in any way. If an electronic filing is modified, it may be incompatible with the electronic filing system and will be rejected.
All legal papers must be filed in PDF format; hard-copy submissions are converted to PDF by the Office of Judicial Records and returned to the filing party.
All legal papers shall be filed in a portable document format ("pdf"). As authorized by Pa.R.C.P. No. 205.4 (b)(1), in the event any legal paper or exhibit is submitted to the Office of Judicial Records in a hard-copy format, the Office of Judicial Records shall convert and maintain such legal paper or exhibit to a portable document format, and the Office of Judicial Records shall return the hard-copy legal paper or exhibit to the filing party for retention as required by Pa.R.C.P. No. 205.4(b)(5).
PDF pages must be exactly 8.5 inches; other sizes may be incompatible with electronic filing.
All PDF pages must be 8 and 1/2 inches in size exactly. Other file sizes may be incompatible with electronic filing;
Orders must have a 3-inch top space for court stampings and filing notices.
all orders must contain a 3-inch space from the top of the page for all electronic court stampings, filing notices, etc.;
Use exhibit separator pages instead of exhibit tabs for hard-copy filings.
to avoid scanning errors, Exhibit separator pages must be used instead of Exhibit tabs.
Bar codes on legal papers must be crossed out or redacted.
bar codes on any page of the legal paper interfere with scanning and must therefore be crossed out or otherwise redacted;
Hard-copy legal papers must not be stapled or permanently bound; use binder clips or non-puncturing fasteners.
legal papers must not be stapled or permanently bound, but must be secured by binder clips or other fasteners which do not punctuate or otherwise interfere with scanning;
Hard-copy legal papers must be printed on one side only.
all legal papers must be printed on only one side of the paper;
All PDF pages must be exactly 8 1/2 inches in size, as other sizes may be incompatible with electronic filing.
(2) All PDF pages must be 8 and 1/2 inches in size exactly. Other file sizes may be incompatible with electronic filing;
Bar codes on any page must be crossed out or redacted because they interfere with scanning.
(3) bar codes on any page of the legal paper interfere with scanning and must therefore be crossed out or otherwise redacted;
All hard-copy orders must contain a 3-inch space from the top of the page for court stampings and filing notices.
(1) all orders must contain a 3-inch space from the top of the page for all electronic court stampings, filing notices, etc.;
All legal papers filed electronically must be in portable document format (PDF).
(b)(1) Authorized Electronic Format of Legal Papers Electronically Filed. All legal papers shall be filed in a portable document format (“pdf”).
Exhibit separator pages must be used instead of Exhibit tabs to avoid scanning errors.
(4) to avoid scanning errors, Exhibit separator pages must be used instead of Exhibit tabs.
Hard-copy legal papers must not be stapled or permanently bound; they must be secured by binder clips or non-puncturing fasteners.
(2) legal papers must not be stapled or permanently bound, but must be secured by binder clips or other fasteners which do not punctuate or otherwise interfere with scanning
All proposed orders submitted with pleadings, motions, and stipulations requiring judicial approval must also be filed in Microsoft Word format.
Additionally, all proposed orders submitted with pleadings, motions, and stipulations requiring judicial approval shall also be filed in a Microsoft Word document format.
DOCX
Electronic files must be no larger than 50MB each and must be split if they exceed this limit.
(1) All files must be no larger than 50MB each. If an electronic file exceeds this limit, then it must be split into multiple files;
All legal papers shall be filed in either PDF or Microsoft Word document format.
All legal papers shall be filed in either a portable document format (“pdf”) or a Microsoft Word document format.
Civil actions must be started by filing a complaint on a standard court-approved form.
All civil actions shall be commenced by filing a complaint with the Court on printed forms approved by the Municipal Court Administrator and provided by the Court.
Paper
Subpoenas must be in substantially the same form as used in the Court of Common Pleas.
A subpoena to testify or for the production of documents or things shall be in substantially the same form as in the Court of Common Pleas.
Facsimile signatures are prohibited when signing the Traffic Division docket.
No facsimile signature may be used to sign the docket of the Traffic Division.
Bar codes on legal papers must be crossed out or redacted as they interfere with scanning.
bar codes on any page of the legal paper interfere with scanning and must therefore be crossed out or otherwise redacted;
Hard-copy legal papers must be printed on only one side of the paper.
all legal papers must be printed on only one side of the paper;
Legal papers must not be stapled or permanently bound; use binder clips or non-puncturing fasteners.
legal papers must not be stapled or permanently bound, but must be secured by binder clips or other fasteners which do not puncture or otherwise interfere with scanning;
Exhibit separator pages must be used instead of Exhibit tabs to avoid scanning errors.
to avoid scanning errors, Exhibit separator pages must be used instead of Exhibit tabs.
All orders must contain a 3-inch space from the top of the page for court stampings and filing notices.
all orders must contain a 3-inch space from the top of the page for all electronic court stampings, filing notices, etc.;
Document Filing Requirements368 rules
Electronic filings must include a signature block, with the filer's name preceded by '/s/' typed where the signature would appear.
The legal paper must include a signature block, and the name of the filer under whose User Name, Password and PIN the legal paper is submitted must be preceded by a “/s/” and typed in the space where the signature would otherwise appear.
Document Type
Legal Paper
Documents requiring signatures of more than one party must be scanned and attached as PDF to the electronic filing.
Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.
Document Type
Multi Signature Document
Verifications and signature pages of documents executed by non-filing parties must be scanned and attached as PDF to the electronic filing.
The Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any document or legal paper executed by any party other than the filing party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.
Document Type
Verification
Verifications and signature pages of documents executed by parties other than the filing party must be scanned and attached to the electronic filing in PDF format at submission.
The Verification required by Pa.R.Civ.P. 1024, 1930.1(b), and any other applicable Rule of Civil Procedure, and the signature page(s) of any document or legal paper executed by any party other than the filing party, must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.
Document Type
Legal Paper
Each electronically filed legal paper must include a signature block with the filer's name preceded by '/s/' typed where the signature would otherwise appear.
The legal paper must include a signature block, the name of the filer under whose User Name, Password, and PIN the legal paper is submitted, preceded by a “/s/” and typed in the space where the signature would otherwise appear.
Document Type
Legal Paper
Verifications and signature pages executed by clients or others must be scanned and attached to e-filings in PDF format.
(ii) Client Verifications and Documents executed by Clients or other persons. The Verification required by Pa.R.Civ.P. 1024, 1930.1(b), and any other applicable Rule of Civil Procedure, and the signature page(s) of any document or legal paper executed by any party other than the filing party, must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.
Document Type
Legal Paper
E-filed legal papers must include a signature block with the filer's name preceded by '/s/'.
(i) Filing Party. The legal paper must include a signature block, the name of the filer under whose User Name and Password the legal paper is submitted, preceded by a “/s/” and typed in the space where the signature would otherwise appear.
Document Type
Legal Paper
Documents requiring multiple signatures must be scanned and attached to e-filings in PDF format.
(iii) Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.
Document Type
Legal Paper
A written authorization, signed by both the party and the authorized representative and specifying the authority granted, must be filed with the Court before the representative may act on the party's behalf.
Authorized Representative—An authorized representative is an individual who is an agent of a party, has personal knowledge of the subject matter of litigation, and files a written authorization with the Court prior to the commencement of trial. A written authorization shall be signed by a party and the party’s authorized representative. It shall specify the nature and extent of the authority that the party has given to the authorized representative. A valid written authorization must be filed with the Court before an authorized representative may take any actions on behalf of a party. An approved written authorization form is attached to these rules.
Document Type
Authorized Representative Authorization
A landlord-tenant complaint must attach the written lease, rental license, certificate, notice to vacate, and any authorization documents.
4. Attached to the complaint shall be: (a) A copy of any written lease or a statement as to why a written lease is unavailable; (b) A copy of the Rental License which was in force during any time that the plaintiff is seeking to collect rent and is in force at the time of filing; (c) A copy of the Certificate of Rental Suitability that was provided to the defendant; (d) A copy of any notice to vacate that was provided to the defendant; (e) A copy, if applicable, of any relevant power of attorney, authorized representative form or other document showing that the person who specifies the complaint is authorized by the plaintiff to do so.
Document Type
Complaint
A landlord-tenant complaint must set forth the specific allegations listed in items (a) through (l).
3. The complaint shall set forth: (a) The names, street and email addresses of the parties and of any counsel representing the parties; (b) The location and the address of the leased property, possession of which the plaintiff is seeking; (c) That the plaintiff is the owner of the leased property; (d) That the plaintiff leased the property for a specified term to the defendant or to some other person under whom the defendant claims a leasehold interest; (e) That notice to vacate was provided to the defendant in accordance with law or that no notice was required under the terms of the lease; (f) That rent reserved and due, upon demand, remains unsatisfied, that the term for which the property was leased has been terminated by the plaintiff or ended, that a forfeiture has resulted by reason of a breach of a condition of the lease other than nonpayment of rent, and/or that the defendant is responsible for damages to the leased property or the plaintiff's personal property; (g) That the defendant retains possession of the leased property and refuses to surrender possession of the leased property; (h) The amount of rent, if any, which remains due and unpaid on the date the complaint is filed, whatever additional rent remains due and unpaid on the date of the trial, and/or the amount, if any, claimed for damages to the leased property and/or the plaintiff's personal property; (i) That, if applicable, the case involves a subsidized lease or a Low Income Tax Credit unit; (j) That, if applicable, the landlord is in compliance with the requirements of those sections of the Philadelphia Code that relate to Certificates of Rental Suitability, the City of Philadelphia Partners for Good Housing Handbook and Rental Licenses; (k) Pertinent information relating to the City of Philadelphia's Lead Paint Disclosure Law; and (l) Pertinent information relating to the fitness of the leased property for its intended purpose and to any notices of Philadelphia Code violations issued by the Department of Licenses and Inspections.
Document Type
Complaint
Information omitted from the Claim Fact Sheet is not admissible at trial.
d. Information not included in the Claim Fact Sheet shall not be admissible at trial.
Document Type
Claim Fact Sheet
The Claim Fact Sheet must be substantially in the prescribed form and all questions must be answered.
e. The Claim Fact Sheet shall be substantially in the following form: TO THE CLAIMANT: All questions must be answered. Information not supplied may not be introduced at the time of the trial.
Document Type
Claim Fact Sheet
Complaints seeking more than $2,000 in personal earlier property damages must include a completed Claim Fact Sheet verified by the claimant.
a. Complaints for damages as a result of injuries to persons or property, if in excess of $2,000, shall have annexed thereto a completed Claim Fact Sheet, verified by the claimant.
Document Type
Complaint For Damages
An authorized representative must file an authorization form before trial begins.
an individual must file an appropriate authorization form prior to the commencement of trial in order to act as an authorized representative
Document Type
Authorization Form
Nuisance complaints must have a completed, plaintiff-verified Nuisance Complaint Fact Sheet annexed.
Nuisance Complaints shall have annexed thereto a completed Nuisance Complaint Fact Sheet, verified by the Plaintiff, and containing such information as required by the Court.
Document Type
Nuisance Complaint
Every nuisance complaint must have a Rule to Show Cause-Summons and proposed Order annexed.
A Rule to Show Cause-Summons and proposed Order shall be annexed to every Nuisance Complaint. If the Rule to Show Cause-Summons is denied, the reason for the denial shall be stated by the Court.
Document Type
Nuisance Complaint
Nuisance complaints must be on approved printed forms, verified by the plaintiff, and set forth specified content.
Nuisance Complaints shall be made upon printed forms approved by the Municipal Court Administrator, be verified by the plaintiff and shall set forth: 1. the names and addresses of the parties, including whether plaintiff resides or operates a business within 500 feet of defendant; 2. a brief, concise statement of the relevant and admissible facts, occurrences and transactions upon which the claim is based and damages sustained, including relevant times, dates and places; 3. whether plaintiff personality witnessed the conduct complained of; 4. whether any governmental agencies have been contacted about the conduct complained of; 5. a request for the issuance of an Order restraining the conduct complained of or other appropriate relief; 6. such other information as is required by the Court.
Document Type
Nuisance Complaint
Enforcement and contempt proceedings must be initiated by filing a Rule to Show Cause, Petition, and proposed Order.
Proceedings to enforce compliance with a Court Order or to adjudge a party guilty of contempt shall be initiated by the filing of a Rule to Show Cause, Petition and proposed Order.
Document Type
Rule To Show Cause
The Application must identify the property owner, occupant, or possessor as disclosed in available property records or registrations.
The property owner, occupant, or possessor as disclosed in available property records or other registrations (such as rental agent or business owner) shall be identified.
Document Type
Administrative Search Warrant Application
The Application must identify and describe the property in detail, including the street address and the specific area within the property if necessary.
The property to be entered, inspected or searched must be identified and described in as much detail as possible. The description shall include the street address as well as the specific area within the property if necessary.
Document Type
Administrative Search Warrant Application
The Application must set forth specific factual and legal reasons for entry, identify any alleged statutory or ordinance violation, and provide the case number if proceedings are pending.
The specific factual and legal reasons for entry, inspection or search must be set forth in as much detail as possible, and any alleged statutory violation or ordinance violation must be identified. In the event a Code Enforcement violation or other legal proceedings are pending, the case number must be provided.
Document Type
Administrative Search Warrant Application
The Application must set forth reasonable cause with specificity, including a statement of any prior inspection with its date, and attach documentation of inspection results.
The affiant shall set forth with specificity the factual reasons which necessitate the entry, inspection or search, such as a violation of a city building, fire or other code with an adverse effect on the public health, safety or welfare. The affiant shall include a statement as to whether the property at issue was previously inspected and if so, the date of such inspection and shall attach any documentation or other description of the results of such inspection.
Document Type
Administrative Search Warrant Application
The Application for an Administrative Search Warrant must set forth the affiant's name, identification number, agency name, address, and telephone number.
The name of the Affiant, identification number, Agency name, address and telephone number shall be set forth in the Application.
Document Type
Administrative Search Warrant Application
Counsel may withdraw only with leave of court, by written request or orally in open court in the defendant's presence.
Counsel for a defendant may not withdraw his or her appearance except by leave of court. The request shall be in writing (see form which follows this Local Rule), or may be made orally in open court in the presence of the defendant.
Document Type
Withdrawal Request
Entries of appearance limited to a specific hearing will not be accepted.
An entry of appearance seeking to limit representation to a specific hearing shall not be accepted.
Document Type
Entry Of Appearance
Counsel must file an entry of appearance with the Attorney Filing Unit identifying the citations and including the attorney's office address, email, phone number, and Supreme Court attorney ID.
Counsel for defendant shall file with the Attorney Filing Unit an entry of appearance (see form which follows this Local Rule), identifying the citations for which counsel has been retained. The entry of appearance shall include the attorney's office address and electronic mail address, phone number, and the Supreme Court attorney identification number.
Document Type
Entry Of Appearance
A defendant's waiver of counsel must be executed on the court's Waiver of Counsel Form pursuant to Pa.R.Crim.P. 121, which must advise the defendant of the right to counsel and to free appointed counsel, possible license suspension and imprisonment, the binding rules of procedure, possible defenses, and rights that may be lost if not timely asserted; the form must include the defendant's knowing, voluntary, and intelligent waiver and a certification of that waiver.
The Waiver of Counsel Form executed by a defendant pursuant to Pa.R.Crim.P. 121 shall be as follows:
Document Type
Waiver Of Counsel Form
Judges and hearing officers must use the specified sentencing order form whenever incarceration is part of the sentence.
The Traffic Division judges and hearing officers shall use sentencing orders substantially in the form set forth below whenever a period of incarceration is entered as part of the sentence.
Document Type
Sentencing Order
Every defendant must receive a copy of the written sentencing order.
Every defendant shall be given a copy of the written order imposing sentence issued as required by Pa.R.Crim.P. 454(E).
Document Type
Sentencing Order
Parenting Coordinator applicants must submit an affidavit certifying qualifications, training, insurance, and fee acknowledgment.
I, _____________________________________, the undersigned applicant, hereby certify that I possess the minimum qualifications to serve as a Parenting Coordinator as established by Pa.R.C.P. 1915.11-1(b) and the 5 County Compact entered into by Philadelphia, Bucks, Montgomery, Delaware and Chester Counties, as follows:
Document Type
Affidavit
Praecipe to Transmit Record must be accompanied by specified documents including affidavits, proposed final decree, and other items.
Unless previously filed of record, the following documents shall be filed along with the Praecipe to Transmit Record after all economic claims of record have been resolved or withdrawn: (1) if the action is brought under Section 3301(c), the Affidavits required under Pa.R.C.P. 1920.42(a)(1); (2) if the action is brought under Section 3301(d), the Affidavit required under Pa. R.C.P. 1920.42(a)(2); (3) an Affidavit of Service as to the Complaint; (4) in the case of actions brought under Section 3301(d), an Affidavit of Service as to the Affidavit required under Pa.R.C.P. 1920.42(a)(2); (5) a proposed Final Decree in Divorce; (6) if the proposed Final Decree in Divorce purports to incorporate a written agreement between the parties, a true and correct copy of the fully executed agreement; (7) a stamped pre-addressed envelope addressed to the counsel of each represented party or, if unrepresented, to each unrepresented party; (8) if the Defendant has failed to appear or has not filed an Affidavit of Consent in the action, an Affidavit of Non-Military Service; (9) a copy of the Notice of Intent to File Praecipe that was earlier sent to the opposing party or to his or her counsel of record; and (10) current docket entries.
Document Type
Praecipe To Transmit Record
The hearing notice must state that failure to appear will result in dismissal of objections and entry of Final Decree.
The written notice of said hearing shall clearly state that failure of the non-moving party to appear at the scheduled time will result in the dismissal of all objections and claims raised in the Counter-affidavit and the entry of a Final Decree in Divorce without additional notice to that party.
Document Type
Hearing Notice
A Motion for Divorce Hearing on Fault Grounds or Annulment must be accompanied by a certification of service and a proposed Order of assignment.
When a party wishes to proceed under fault grounds for Divorce or an Annulment, said party shall file a “Motion for Divorce Hearing on Fault Grounds or for Annulment” accompanied by a certification of service and a proposed Order of assignment setting forth the issues to be referred by the Court to the Master.
Document Type
Motion
Parties must file a Certification for Hearing pursuant to Pa.R.C.P. 1920.51 to dispose of economic issues.
it shall be the responsibility of the parties to dispose of such issues through the filing of a Certification for Hearing pursuant to Pa.R.C.P. 1920.51.
Document Type
Certification For Hearing
Filing & Service rules
Electronic Filing Rules
Parties must electronically file all legal papers through the Civil Trial Division's Electronic Filing System commencing January 5, 2009.
(a) Commencing at 9:00 AM on January 5, 2009, parties shall electronically file all “legal papers,” as defined in Pa.R.C.P. No.205.4(a)(2), with the Office of Judicial Records through the Civil Trial Division’s Electronic Filing System as more specifically provided in Pennsylvania Rule of Civil Procedure No. 205.4 and Philadelphia Civil Rule *205.2.
Page 3 | Rule *205.4 (a)
All legal papers must be filed electronically through the Civil Trial Division's Electronic Filing System, accessible via the First Judicial District website.
(i) Website. All legal papers shall be filed electronically through the Civil Trial Division’s Electronic Filing System (“Electronic Filing System”) which shall be accessible through the website of the First Judicial District of Pennsylvania, http://courts.phila.gov, or at such other website as may be designated from time to time.
Page 4 | Rule *205.4 (c)(2)(i)
Beginning November 2, 2026, parties may e-file Divorce and Annulment legal papers through the Philadelphia Courts EFS.
Commencing at 8:00 A.M. on November 2, 2026, parties may electronically file all Divorce and Annulment “legal papers,” as defined by Pa.R.Civ.P. 205.4(a)(2), with the Clerk of Family Court through the Philadelphia Courts Electronic Filing System (“Electronic Filing System”), as more specifically provided in Pennsylvania Rule of Civil Procedure No. 205.4 and Philadelphia Civil Rule *205.4.1.
Page 6 | Rule *205.4.1
Legal papers filed with a Motion and Agreement to Seal the Record must be submitted in hard-copy and cannot be e-filed.
In the context of this rule, any legal paper filed contemporaneously with a Motion and Agreement to Seal the Record may not be filed electronically. All such legal papers must be submitted for filing to the Clerk of Court in hard-copy format.
Page 6 | Rule *205.4.1
Electronically filed legal papers must be filed through the court's Electronic Filing System, accessible via the First Judicial District of Pennsylvania website.
Legal papers filed electronically shall be filed through the Electronic Filing System, which shall be accessible through the website of the First Judicial System of Pennsylvania, https://www.courts.phila.gov, or at such other website as may be designated from time to time.
Page 7 | Rule 205.4(c)(2)(i)
Notices of Appeal and Motions/Petition for Discovery may not be filed electronically.
Notices of Appeal, as defined by Pennsylvania Rule of Appellate Procedure 102, and Motions/Petition for Discovery pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., may not be filed electronically.
Page 10 | Rule *205.4.2
Transcript requests must be submitted through the electronic Transcript Ordering System; requestors unable to access TOS may email a standard Request for Transcript form to transcripts@courts.phila.gov.
Requests for transcripts must be submitted through the electronic Transcript Ordering System (“TOS”) accessible through the website of the First Judicial District of Pennsylvania at www.courts.phila.gov. A standard Request for Transcript form may be utilized by Requestors who cannot access the Transcript Ordering System. The Request for Transcript form is available on the Court’s website at www.courts.phila.gov/forms and must be emailed to transcripts@courts.phila.gov.
Page 7 | Rule *4007. Requests for Transcripts.
Defendant may not plead guilty by mail or electronically for certain violations requiring prison sentence.
If the defendant has been cited for violation of 75 Pa.C.S. § 1543 (B), and other violations which require the imposition of a prison sentence upon a guilty plea or adjudication, the defendant may not plead guilty by mail or electronically, and the summary trial will be held as scheduled, unless it is rescheduled by the Court.
Page 17 | Local Rule 1032
Defendant may plead not guilty in person, online, via IVR, or by mail.
The defendant may plead not guilty in person at the Traffic Division, on-line through the Court’s website, www.courts.phila.gov (click the “Municipal Court Traffic Division” link under the section entitled “Courts of the District”), through the Court’s IVR (Interactive Voice Response system), or by mail by following the instructions contained on the back of the citation.
Page 17 | Local Rule 1032
Notices of Appeal from impoundment orders must be filed with the Office of Judicial Records, Civil, either electronically through the FJD website or at Room 296 City Hall.
Notices of Appeal from orders issued upon Requests for Release of an Impounded Vehicle pursuant to 75 Pa.C.S. §§ 6309, 6309.1 and 6309.2 are to be filed with the Office of Judicial Records, Civil (formerly, the Prothonotary), electronically through the website of the First Judicial District at www.courts.phila.gov, or at the following address: Office of Judicial Records, Civil Room 296 City Hall Philadelphia, PA 19107
Page 29 | Local Rule 1037. Appeals From Traffic Division Orders
Notices of Appeal from Traffic Division proceedings must be filed with the Traffic Division Appeals Unit at 800 Spring Garden Street.
Notices of Appeal from Traffic Division proceedings are to be filed with the Philadelphia Municipal Court Traffic Division, which will accept them on behalf of the Office of Judicial Records, Criminal (formerly, the Clerk of Courts and Clerk of Quarter Sessions), at the following address: Philadelphia Municipal Court Traffic Division Appeals Unit 800 Spring Garden Street Philadelphia, PA 19123
Page 29 | Local Rule 1037. Appeals From Traffic Division Orders
Motions to Appeal Nunc Pro Tunc and Notices of Appeal Nunc Pro Tunc must also be filed with the Traffic Division.
Motions to Appeal Nunc Pro Tunc and Notices of Appeal Nunc Pro Tunc shall also be filed with the Philadelphia Municipal Court Traffic Division which will transmit the record to the Court of Common Pleas, Trial Division, Criminal.
Page 29 | Local Rule 1037. Appeals From Traffic Division Orders
All complaints, petitions, motions, mandatory filings, and other pleadings must be filed as an original plus four copies with the Clerk of Family Court.
the original and four copies of all complaints, petitions, motions, mandatory filings, and all other pleadings and documents in the nature of pleadings.
Page 21 | Rule 1930(a)(3)
Electronic filings in the Criminal Electronic Filing System may be submitted through www.philacourts.us in accordance with the filing instructions in the rule and posted on the site.
Electronic filings may be submitted through the website of the First Judicial District of Pennsylvania: www.philacourts.us in accordance with the filing instructions contained in this rule and as may be otherwise provided at that site.
Page 21 | (c)(1)
Electronic filing is authorized in Philadelphia County criminal cases for all legal papers, with express exclusions that must remain on paper until e-filing protocols are adopted.
The electronic filing of motions and other legal papers in the criminal courts of Philadelphia County is hereby authorized as specifically provided in this rule. The applicable general rules of court and court policies that implement the rules shall continue to apply to all filings regardless of the method of filing. ... The “legal papers” which may be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, but excluding: (i) applications for a search warrant; (ii) applications for an arrest warrant; (iii) grand jury materials; (iv) legal papers filed ex parte as authorized by law; and (v) legal papers filed or authorized to be filed under seal.
Page 24 | Rule *576. Electronic Filing and Service of Motions and Other Papers (a)
Both attorneys and self-represented parties must register with the Criminal Electronic Filing System by obtaining a username, password, PIN and email before they may e-file.
An attorney must establish an account, apply for a Username, Password and Personal Identification Number (“PIN”), and supply an email address in order to use the Criminal Electronic Filing System. An attorney is responsible for the actions of other individuals whom the attorney authorizes to use the attorney’s account. Parties who are proceeding without counsel must also establish an account, apply for a Username, Password and Personal Identification Number (“PIN”), supply an email address and be authorized to access their cases through the Criminal Electronic Filing System.
Page 24 | Rule *576. Electronic Filing and Service of Motions and Other Papers (b)(1)
The First Judicial District continues to operate its own Criminal Electronic Filing System under Rule 576 unless and until a local PACFile implementation plan is agreed upon.
Until such time, the First Judicial District’s Criminal Electronic Filing System implemented pursuant to Rule 576 shall continue.
Page 27 | Editor’s Note preceding Rule *588
Parties must electronically file all legal papers through the Civil Trial Division's Electronic Filing System.
Commencing at 9:00 AM on January 5, 2009, parties shall electronically file all "legal papers," as defined in Pa.R.C.P. No. 205.4(a)(2), with the Office of Judicial Records through the Civil Trial Division's Electronic Filing System as more specifically provided in Pennsylvania Rule of Civil Procedure No. 205.4 and Philadelphia Civil Rule *205.4.
Page 8 | Rule *205.4(a)
For minor settlement petitions filed before any civil action is initiated and no docket number exists, the petition must be electronically filed with the Clerk of the Orphans' Court Division.
(1) For cases in which a civil action has not been initiated in the Trial Division of the Supreme Court of the Commonwealth of Pennsylvania, and for which no civil docket number has been assigned, Petitions for Approval of Settlement shall be electronically filed with the Clerk of the Orphans' Court Division.
Page 56 | Rule *2039 Procedure to Compromise, Settle, Discontinue or Distribute Funds in involving Minors
For minor-settlement petitions in cases already initiated in the Trial Division, the petition must be filed electronically with the Office of Judicial Records, Civil (the former Prothonotary).
(1) For cases in which a civil action has been initiated in the Trial Division, Petitions for Approval of Settlements shall be electronically filed with the Office of Judicial Records, Civil (formerly the [[Prothonotary]]).
Page 56 | Rule #2039 Procedure to Compromise, Settle, Discontinue or Distribute the Counterparty Funds
Counsel must electronically file the Affidavit of Compliance with the court maintaining the docket, either with the Office of Judicial Records or the Clerk of the Orphans' Court Division.
Within sixty (60) days of the entry of a final Order of Distribution, counsel shall electronically file an Affidavit of Compliance with the Court maintaining the docket of the matter, either with the Office of Judicial Records or with the Clerk of the Orphans' Court Division.
Page 58
Other Motions for Allowance must be filed with the Office of Judicial Records, decided by the Motion Court Judge unless the original Judge retained jurisdiction, and are exempt from Motion Court filing requirements under Rule *208.3(b)(3).
All other Motions for Allowance, irrespective of which Judge approved the original settlement, shall be filed with the Office of Judicial Records. All such motions shall be decided by the Motion Court Judge, except where the original Judge has retained jurisdiction of the case. Said motions are not subject to any further filing requirements of the Motion Court under Philadelphia Civil Rule *208.3(b)(3).
Page 68 | Rule *2039.2 Motions for Allowance
Motions for Allowance in cases with an Orphans' Court-appointed guardian must be filed directly with the Orphans' Court Division.
Motions for Allowance in those cases where a guardian has been appointed by the Orphans’ Court Division shall be filed directly with such Division.
Page 68 | Rule *2039.2 Motions for Allowance
Petitions for Approval of Settlements in Trial Division civil cases must be electronically filed with the Office of Judicial Records.
For cases in which a civil action has been initiated in the Trial Division, Petitions for Approval of Settlements shall be electronically filed with the Office of Judicial Records,
Page 68 | Rule *2064. Procedure to Compromise, Settle, Discontinue or Distribute Funds in Matters Involving Incapacitated Persons
Petitions for approval of settlement in cases without an initiated civil action must be filed electronically with the Clerk of the Orphans' Court Division.
(2) For cases in which a civil action has not been initiated in the Trial Division, and no civil docket number has been assigned, Petitions for Approval of Settlement shall be electronically filed with the Clerk of the Orphans' Court Division.
Page 69 | Petitions for Approval of Settlement
The Affidavit of Compliance must be filed electronically, either with the Office of Judicial Records or the Clerk of the Orphans' Court Division.
counsel shall electronically file an Affidavit of Compliance with the Court maintaining the docket of the matter, either with the Office of Judicial Records or with the Clerk of the Orphans' Court Division.
Page 71 | Rule *2039
Filing Timing and Cure Windows
EFS access is available 24/7 except for maintenance, but reviews occur only during court hours, so parties should file in advance to allow correction and re-submission.
access to the Electronic Filing System shall be available at all times, except for required maintenance. However, legal papers can only be reviewed during normal court hours. Therefore, parties are cautioned to file required legal papers in advance of any filing deadline to enable timely correction and re-submission in the event a legal paper is not accepted or is refused for filing.
Page 5 | Rule *205.4
Accepted e-filings are deemed filed as of receipt; if filed without the required fee, they are deemed accepted when payment is received.
If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by the Electronic Filing System; provided, however, that if a legal paper is submitted without the requisite filing fee, the legal paper shall be deemed to have been accepted for filing as of the date payment was received.
Page 5 | Rule *205.4
A legal paper refused for filing is deemed not filed, subject to Rule 205.4(e)(1)(i).
Subject to the provisions of subsection Rule 205.4 (e)(1)(i), a legal paper refused for filing shall be deemed as not having been filed.
Page 6 | Rule *205.4
Accepted legal papers are deemed filed as of the date and time received by the Electronic Filing System; papers submitted without the requisite fee are deemed accepted as of the date payment is received.
If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by the Electronic Filing System; provided, however, that if a legal paper is submitted without the requisite fee, the legal paper shall be deemed to have been accepted for filing as of the date payment is received.
Page 9 | Rule 205.4
Accepted legal papers are deemed filed as of the date and time received by FSX.
(4) If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by FSX.
Page 12 | Rule *205.4
Refused legal papers are deemed not filed.
(5) If a legal paper is refused for filing, the DRS shall specify the reason. Subject to the provisions of Rule 205.4(e)(1), a legal paper refused for filing shall be deemed as not having been filed.
Page 12 | Rule *205.4
A mailed filing is considered filed only when the appropriate officer receives it, not when it is mailed.
A paper sent by mail shall not be deemed filed until received by the appropriate officer.
Page 5 | Rule 105
When a claimant furnishes a Notice of Defense form, a defendant intending to present a defense must provide written notice at least five days before trial.
A claimant may require defendants who intend to present a defense to notify claimant of the defense in writing at least five (5) days before trial by including with a notice of complaint a 'Notice of Defense' and an envelope bearing first class postage pre-addressed to the claimant or claimant's attorney.
Page 10 | Rule 114(a)
Counterclaims, cross claims, and additional claims must be filed at least ten days before trial.
Counterclaims, cross claims and additional claims shall be filed no less than ten (10) days prior to trial upon the complaint forms approved by the Municipal Court Administrator and provided by the Court, unless the counterclaim, a cross claim or the additional claim is in the amount of $2000 or ...
Page 10 | Rule 115
Appeals from residential lease possession judgments must be filed within 10 days of judgment entry.
A party aggrieved by a judgment for possession of real property arising out of a residential lease, may appeal therefrom within 10 days after the date of the entry of the judgment by filing with the prothonotary of the Court of Common Pleas a notice of appeal together with a copy of the Municipal Court disposition sheet. The prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than 10 days after the date of judgment without leave of the Court of Common Pleas and upon good cause shown.
Page 14 | Rule 124. Appeals.
Appeals from money judgments or nonresidential possession judgments must be filed within 30 days of judgment entry.
A party aggrieved by a judgment for money, or a judgment for possession of real property arising out of a nonresidential lease, may appeal therefrom within 30 days after the date of the entry of the judgment by filing with the prothonotary of the Court of Common Pleas a notice of appeal together with a copy of the Municipal Court disposition sheet. The prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than 30 days after the date of judgment without leave of the Court of Common Pleas and upon good cause shown.
Page 14 | Rule 124. Appeals.
A Petition For Return of Confiscated Property must be filed within 10 days of confiscation or the property summarily forfeits.
If no Petition For Return Of Confiscated Property is Filed within ten (10) days from the date of confiscation, the property shall summarily forfeit to the Philadelphia Municipal Court.
Page 21 | Rule 136
A claimant has 30 days from denial of the petition to file an appeal with the Court of Common Pleas, or the property summarily forfeits.
A claimant shall have thirty (30) days from the date of the denial of the Petition For Return Of Confiscated Property to file an appeal with the Court of Common Pleas. If the Municipal Court Prothonotary does not receive a Notice of Appeal within thirty (30) days of the denial of said petition, the property shall summarily forfeit to the Philadelphia Municipal Court.
Page 22 | Rule 136
Defendant may appeal the sentence for a de novo hearing by filing a Notice of Appeal within 30 days at the Traffic Division.
Defendant may file an Appeal of this sentence for a hearing de novo on the issue of Defendant's Contempt, financial ability to pay, and the propriety of the sentence imposed in the Court of Common Pleas by filing a Notice of Appeal within THIRTY (30) days, at the Philadelphia Municipal Court Traffic Division, 800 Spring Garden Street, Philadelphia, PA.
Page 10 | Order Imposing Sentence
Defendant must file a Notice of Appeal within 30 days to appeal the sentence for a de novo hearing.
Defendant may file an Appeal of this sentence for a hearing de novo in the Court of Common Pleas by filing a Notice of Appeal within THIRTY (30) days, at the Municipal Court Traffic Division, 800 Spring Garden Street, Philadelphia, PA.
Page 11 | Order Imposing Sentence (Mandatory Sentence – 1543(b)(1))
Failure to enter a plea within 10 days results in arrest warrant, license suspension, and late fee.
As required by Pa.R.Crim.P. 430, a warrant for the arrest of a defendant shall be issued if a defendant fails to enter a plea within ten days after the issuance of a citation. Moreover, the defendant’s operating privileges may be suspended pursuant to 75 Pa.C.S. § 1533, and a late fee will be assessed if the defendant fails to file a plea within ten days after issuance of the citation.
Page 17 | Local Rule 1032
Defendant must enter a plea within 10 days of citation issuance.
A defendant must enter a plea within ten days after issuance of the citation as required by Pa.R.Crim. P. 407 regardless of whether the citation issued to the defendant contains a summary trial hearing date.
Page 17 | Local Rule 1032
Defendant may appeal to the Superior Court within 30 days of the imposition of sentence.
Defendant has the right to appeal to the Superior Court within 30 days of the imposition of sentence.
Page 30 | Local Rule 1037. Appeals From Traffic Division Orders
Objections and Petition for Record Hearing must be filed within 5 days of service of Summary and Recommendations.
A party objecting to the Recommendations must file with the Clerk of Family Court an original and copy of their Objections and a Petition for a Record Hearing before the Court within five days of service of the Summary and Recommendations together with a Proof of Service upon all parties and the Parenting Coordinator.
Page 6
Parenting Coordinators must file Summary and Recommendations within 2 days after last communication with parties.
Parenting Coordinators shall file their Summary and Recommendations with the Clerk of Family Court within two (2) days after the last communication with the parties on the issues in accordance with Pa.R.C.P. No. 1915.11-1 (f)(2).
Page 6
Exceptions to the Master's Report must be filed within 20 days.
If no exceptions are filed to the Report or Proposed Order within twenty days, then the Report or Proposed Order shall forthwith be presented to a Judge for approval and entry of an Order dismissing the Counter-affidavit.
Page 16 | Rule 1920.42(e)(1)
Any party may file written exceptions to the Master's Report within 20 days of the report date.
Within twenty (20) days after the date of the Report by the Permanent Master, any party may file written exceptions thereto.
Page 17 | Rule 1920.51
A party may file an Answer to a Motion for Divorce Hearing on Fault Grounds or Annulment within 10 days of service.
Within ten (10) days following service of a Motion for Divorce Hearing on Fault Grounds or for Annulment, a party may file an Answer thereto for purposes of objecting to the proposed assignment of the case to a Master.
Page 17 | Rule 1920.51(b)(2)
Attorneys of record and unrepresented parties must receive 30 days advance notice of the hearing.
Thirty (30) days advance notice of the hearing shall be given to the attorneys of record and any unrepresented parties.
Page 18 | Rule 1920.51(b)(4)
Payment of the certified payoff amount must be submitted within 15 days of withholding.
Payment must be submitted to Family Court within fifteen (15) days of withholding.
Page 30
The court's e-filing system is currently unavailable while the court works on relaunching the application.
The E-Filing System is Not available at this time We appreciate your patience as we continue to work on relaunching our electronic filing application.
Page 1 | Civil, Criminal & Orphans' E-Filing
Service and Proof of Service Rules
Accepted e-filings are electronically served pursuant to Pa.R.C.P. No. 205.4(g)(1)(ii) and served as provided in (g)(2)(ii).
If the pleading or legal paper is accepted for filing, it will be electronically served as authorized by Pa.R.C.P. No. 205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4(g)(2)(ii).
Page 5 | Rule *205.4
E-filed legal papers are automatically served on prior e-filers; the filing party must serve all others, and hard-copy filings must be served by the filing party.
If a legal paper is electronically filed, the Civil Electronic Filing System will automatically serve all persons who have previously submitted electronic filings in the same case, pursuant to Philadelphia Civil Rule *205.4 and Pa.R.C.P. No. 205.4(g), but the filing party must serve all others as required by rules of court. All legal papers filed in a hard-copy format must be served by the filing party as required by rules of court.
Page 6 | Rule *205.4
Accepted pleadings or legal papers not requiring original process are electronically served as authorized by Pa.R.Civ.P. 205.4(g)(1)(ii).
If the pleading or legal paper is accepted for filing and original process is not required, it will be electronically served as authorized by Pa.R.Civ.P. 205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.Civ.P. 205.4(g)(2)(ii).
Page 9 | Rule 205.4
No electronic service for e-filed documents; filing party must serve all parties.
(7) No pleading or legal paper accepted for filing through FSX will be electronically served. The filing party must serve all parties as required by rules of court.
Page 12 | Rule *205.4
If certified mail is refused or unclaimed, the plaintiff may serve by ordinary first-class mail; service by ordinary mail is complete if the mail is not returned within 15 days after mailing or by the trial date, whichever is later.
(2) If the certified mail is returned with notation by the postal authorities that it was refused or unclaimed, the plaintiff shall have the right of service by mailing a copy to the defendant at the same address by first class mail with the return address of sender appearing thereon. Service by ordinary mail is complete if the mail is not returned to sender within 15 days after mailing, or by the date of trial, whichever is later. Service by certified mail and first class mail may be made at the same time.
Page 9 | Rule 111(C)(2)
Complaints and writs of revival must be served like original process, by Municipal Court-authorized writ servers in Philadelphia or by those writ servers or Pennsylvania constables in other counties.
Except as provided below, complaints and writs of revival shall be served in the same manner as original process filed in the Court of Common Pleas and may be served in Philadelphia by writ servers appointed by the President Judge of the Municipal Court and in counties outside Philadelphia by said writ servers or by Pennsylvania constables.
Page 9 | Rule 111(A)
Nuisance complaints must be served by Writ Servers in Philadelphia or by Pennsylvania constables outside Philadelphia; the Court may continue the matter if a defendant has not received notice.
served in the same manner as provided in the Court of Common Pleas Rules of Civil Procedure for Equity Actions, except that service shall be made by Writ Servers in Philadelphia or by Pennsylvania constables on a county outside of Philadelphia. If the Court is not satisfied that a named defendant has received notice of the proceedings or order, the matter shall be continued by the Court for service.
Page 21 | Rule 135
If a defendant fails to appear for a summary trial scheduled by first class mail, the hearing is rescheduled and the defendant is served personally or by registered mail, return receipt requested.
If the defendant fails to appear for a summary trial scheduled by first class mail, the hearing will be rescheduled the defendant shall be served personally or by registered mail, return receipt requested.
Page 15 | LOCAL RULE 1031. INSTITUTION OF PROCEEDINGS IN SUMMARY TRAFFIC CASES.
When a citation lacks a hearing date or the hearing is scheduled for a non-court day, the court schedules or reschedules the summary trial and sends notice by first class mail.
If a law enforcement officer does not enter the date, time and location on a citation issued pursuant to subsection (a), or if the hearing is scheduled for a non-court day, the court shall schedule or reschedule the summary trial and send a notice of trial by first class mail.
Page 15 | LOCAL RULE 1031. INSTITUTION OF PROCEEDINGS IN SUMMARY TRAFFIC CASES.
Service of the citation is made by the issuing law enforcement officer handing a copy to the defendant.
As authorized by Pa.R.Crim.P. 451(A), service shall be made by the issuing law enforcement officer who shall hand a copy of the citation containing the Notice to appear to the defendant.
Page 15 | LOCAL RULE 1031. INSTITUTION OF PROCEEDINGS IN SUMMARY TRAFFIC CASES.
Written notice of suspension, warrant, or late fee must be sent to defendant by first class mail.
A written notice of suspension, issuance of arrest warrant, or imposition of late fee shall be sent to the defendant, by first class mail, at the defendant’s last known address.
Page 17 | Local Rule 1032
Notices rescheduling a summary trial must be mailed to defendant by first class mail.
Any notice which reschedules a summary trial shall be mailed to the defendant, by first class mail, at the Defendant’s last known address.
Page 17 | Local Rule 1032
The Master's Report must be served on counsel and any unrepresented parties.
Report shall be served on counsel and any unrepresented parties.
Page 17 | Rule 1920.51
Copies of the Master's Report must be mailed to counsel of record and any unrepresented parties.
Copies of the Master’s Report in Fault Grounds or Annulment cases shall be mailed to counsel of record and to any unrepresented parties.
Page 18 | Rule 1920.51(b)(8)
Plaintiff must serve the Certification Form, Case Management Order, and Notice with the Complaint per the Pennsylvania Rules of Civil Procedure and file an Affidavit of Service before the Conciliation Conference.
Along with the Complaint, the Plaintiff shall serve the Certification Form (Exhibit “A”), Case Management Order scheduling the Conciliation Conference, and Notice. The Notice shall be substantially in the form attached hereto as Exhibit “B.” Service must be made pursuant to the Pennsylvania Rules of Civil Procedure and Plaintiff must file an Affidavit of Service prior to the date of the Conciliation Conference.
Page 2 | Case Management Order
Counsel must serve the District Attorney with a bail modification notice at least 24 hours before the scheduled hearing unless the judge or District Attorney waives it.
The DistrictAttorney shall be served with notice of the application by counsel for the applicant at least twenty-four (24) hours before the scheduled hearing date before the scheduled hearing unless waived by the Motion Court Judge or the District Attorney.
Page 10 | Rule*529. Regulations Pertaining to Bail, Court of Common Pleas and Municipal court.
At preliminary arraignment the defendant must be given written notice of the next Court appearance (stating date, time, and place), and must be served with written notice of any subsequent Court action, though failure to receive notice does not excuse the duty to appear.
At preliminary arraignment each defendant shall be given written notice of his next Court appearance. This notice shall state the date, time and place of the required appearance. It shall be the responsibility of the defendant to appear for any scheduled Court action. The defendant shall be served with written notice of any subsequent Court action, but failure to receive notice will not relieve the defendant of the responsibility of appearing.
Page 15 | Rule *536. Procedures upon Violation of Conditions of Release: Forfeiture
The surety must produce the defendant for all required Court appearances under penalty of forfeiture of the bail bond, and no other notice to the surety is required.
THE SURETY IS UNDER OBLIGATION TO PRODUCE THE DEFENDANT FOR ALL REQUIRED COURT APPEARANCES UNDER PENALTY OF PRODUCE THE SURETY’S BAIL BOND. NO OTHER NOTICE TO THE SURETY SHALL BE REQUIRED.
Page 15 | Rule *536. Procedures upon Violation of Conditions of Release: Forfeiture
All bail motions on IGJ cases must be served on the designated Assistant District Attorney or paralegal by fax or email at least one business day before the hearing, and no ADA will appear unless prior notice is given.
(a) Until further otherwise provided, all bail motions filed on IGJ cases must be served on the designated Assistant District Attorney or paralegal by fax or e-mail at least one business day prior. An Assistant District Attorney (ADA) will not be present to argue bail motions unless prior notice is given.
Page 17 | Rule *556.2 Philadelphia County Indicting Grand Jury Procedures and Protocols (4)(a)
If the grand jury does not indicted, the case is dismissed, the release order is sent to the custody record office, and defense counsel is notified by email, telephone, fax, or first class mail.
If a case is presented to the Indicting Grand Jury and the defendant is not indicted, the District Attorney's Office will immediately notify an IGJ Supervising Judge and the case will be dismissed. If the defendant is in custody on the matter, an order directing the defendant's release on that matter will be sent to the Philadelphia County Prison Record Room or the Pennsylvania Department of Corrections Record Room. If the defense attorney provided an e-mail address to the District Attorney's Office, a copy of the order will be e-mailed. Otherwise, the defense attorney will be notified by telephone, fax or first class mail.
Page 18 | Rule *556.2 Philadelphia County Indicting Grand Jury Procedures and Protocols (4)(d)
For attorneys or parties without an electronic-filing account, service of e-filed documents must be completed by the traditional methods required under Pa.R.Crim.P. 576.
Service of electronic filings on any attorney or party who has not established an account as provided in subsection (b)(1) of this rule shall be made by the traditional methods required under Pa.R.Crim.P. 576.
Page 22 | (g)(3)
The movant must serve the Commonwealth through the District Attorney's Office and file an Affidavit of Service, unless the Commonwealth agrees to be served by the Office of Judicial Records.
The filer shall serve the Commonwealth through the District Attorney’s Office, and shall file an Affidavit of Service. Provided, however, that the Commonwealth may agree to be served by the Office of Judicial Records upon its receipt of the Motion.
Page 27 | Rule *588(C)
Electronically filed papers are automatically served on parties who have filed in the case; the filing party must serve all others. Hard-copy filings must be served by the filing party.
If a legal paper is electronically filed, the Civil Electronic Filing System will automatically serve all persons who have previously submitted electronic filings in the same case, pursuant to Philadelphia Civil Rule *205.4 and Pa.R.C.P. No. 205.4(g), but the filing party must serve all others as required by rules of court. All legal papers filed in a hard-copy format must be served by the filing party as required by rules of court.
Page 10 | Rule *205.4
The moving party must immediately serve the discovery motion and proposed order with notice and certificate of service, with at least 10 days' notice unless emergency or waiver.
The moving party shall immediately serve a copy of the Discovery Motion and proposed order (which shall contain no reference to the attorney proposing same), together with a Notice of Presentation and Certificate of Service (substantially in the form attached hereto) on all counsel of record and unrepresented parties as required by Pa.R.C.P. 440. Except in cases of emergency or waiver by consent of all parties, at least ten (10) days’ prior written notice shall be required.
Page 12 | Rule *208.3(a)(4)(B)
If the court issues a decision immediately after argument, the presenting party must send a copy of the order to each attorney of record.
If the decision of the Court is issued immediately after the argument the party presenting the motion shall send a copy of the order to each attorney of record and
Page 12 | Rule *208.3(a)(4)(F)
For motions for reconsideration, the filing party must serve a copy of the motion as provided in subsection (b)(3)(C).
Motions for Reconsideration shall be forwarded to the appropriate judge immediately upon filing, and the filing party must serve a copy of the motion as provided in subsection (b)(3)(C).
Page 12 | Rule *208.3(a)(3)
Filing Fees and Waivers
The Office of Judicial Records may refuse filings submitted without the required payment.
The Office of Judicial Records is authorized to refuse for filing a legal paper submitted without the requisite payment.
Page 5 | Rule *205.4
The Office of Judicial Records may refuse filings without fees or, at its discretion, allow the filer to submit fees within a stated time period before refusal.
of Judicial Records may refuse for filing any legal paper submitted without the required filing fees as provided by 42 Pa.C.S. §1725(c)(2)(xix), or, at the Office of Judicial Records discretion, may authorize the ===== PAGE 6 ===== filer to submit the required filing fees within a stated time period after which the Office of Judicial Records may refuse the legal paper for filing if payment is not received.
Page 5 | Rule *205.4
No filing fee is required from a party granted a fee waiver or represented by a free legal service attorney who filed the required Praecipe.
The Office of Judicial Records shall not require the payment of a filing fee by any party who has been granted a waiver or is represented by an attorney who is providing free legal service to the party and has filed the Praecipe required by Pa.R.Civ.P. 240(d) and Pa.R.J.A. 1990.
Page 8 | Rule 205.4(d)(3)
The Clerk of Family Court is authorized to refuse for filing any legal paper submitted without the requisite payment.
The Clerk of Family Court is authorized to refuse for filing a legal paper submitted without the requisite payment.
Page 9 | Rule 205.4
No additional fees may be imposed in actions for child support, spousal support, and alimony pendente lite.
commence or modify an action and shall not impose additional fees of any kind in actions for child support, spousal support, and alimony pendente lite.
Page 11 | Rule *205.4
Before transcription begins, the requestor must make a non-refundable partial payment of 95% of the estimated transcript cost.
The court reporter, transcriptionist or other staff designated by the District Court Administrator shall provide an estimate of the cost of the transcript, and the requestor must make a non-refundable, partial payment of 95% of the estimated cost before the court reporter or transcriptionist will begin transcribing the proceeding.
Page 8 | Rule *4007. Requests for Transcripts.
Parties seeking pro bono appointment must file a Petition to Proceed In Forma Pauperis within 3 days of the appointment order, absent good cause.
Any party seeking a pro bono appointment under section (d) (3) below must file with the Clerk of Family Court a Petition to Proceed In Forma Pauperis for the appointment of a Parenting Coordinator within three (3) days of the appointment order absent good cause shown.
Page 5
A $20.00 business check must accompany the Request for Support Arrears Balance form for lien/judgment certification.
The envelope containing the Form shall be clearly marked: “Request for Support Arrears Balance (Lien/Judgment Certification),” and accompanied by a $20.00 business check,
Page 26 | ADMINISTRATIVE REGULATION #99-10
A $20 processing fee is required for the Request for Support Arrears Balance.
this request MUST be accompanied by $20 payment for the processing fee as required by Philadelphia Family Court Administrative Regulation 99-10
Page 30
A $20.00 fee is required for a family support judgment certification for a name change petition.
Effective thirty (30) days after publication in the Pennsylvania Bulletin, a $20.00 fee is established by the Domestic Relations Division of the Philadelphia Family Court, for providing written certification of the existence or non-existence of family support judgments for an individual, for use as supporting documentation of the individual’s Petition to Change Name.
Page 31 | ADMINISTRATIVE REGULATION #99-11
To be excused from filing fees in custody or support actions, a party must file a Petition to Proceed In Forma Pauperis.
EFFECTIVE IMMEDIATELY, in order to be excused from paying required filing fees for actions in custody or support, it is necessary that the person seeking such relief file a “Petition to Proceed In Forma Pauperis.”
Page 32 | ADMINISTRATIVE REGULATION #00-02
Applicable filing fees must be paid electronically at filing time, and the Office of Judicial Records accepts payment by card (American Express, Discover, MasterCard, Visa), by mail via certified or cashier's check and money order, or in person by cash or certified check.
Applicable filing fees shall be paid electronically through procedures established by the Office of Judicial Records, and at the same time and in the same amount as required by statute, court rule or order. The Office of Judicial Records shall accept payment as follows: (i) electronically, at the time the legal paper is electronically filed through the Criminal Electronic Filing System, with the following credit or debit cards: American Express, Discover, MasterCard, and Visa; (ii) by mail, with certified or cashier check and money order; and (iii) in person, in cash, certified checks and with the following credit or debit cards: American Express, Discover, MasterCard, and Visa.
Page 21 | (b)(3)
Filing fees may be paid by cash, check, or credit/debit cards (Amex, Discover, MasterCard, Visa).
The Office of Judicial Records will accept for payment of all filing fees cash, checks and the following credit and debit cards: American Express, Discover, MasterCard, and Visa.
Page 9 | Rule *205.4
An electronic filing fee is collected for each legal paper or exhibit filed.
As authorized by Act 81 of 2006, the Office of Judicial Records shall collect an electronic filing fee for each legal paper or exhibit filed as established by the Office of Judicial Records with the approval of the President Judge of the Court of Common Pleas.
Page 9 | Rule *205.4
A filing fee is required for a discovery argument request, payable by check or credit card.
The requisite filing fee in the form of a check made payable to the Office of Judicial Records or credit card information must be included.
Page 12 | Rule *208.3(a)(4)(A)
All non-discovery motions must be filed with the Office of Judicial Records with the requisite fee paid, then immediately submitted to the Motion Clerk.
All motions other than discovery motions shall be filed with the Office of Judicial Records and the requisite fee paid, and shall thereafter be immediately submitted to the Motion Clerk.
Page 13 | Rule *208.3(b)(2)(A)
Plaintiff must pay a non-jury listing fee upon commencement, or a jury listing fee if a jury trial is initially demanded.
Upon commencement of an action, the plaintiff shall pay the non jury listing fee, or if a jury trial is initially demanded, the jury listing fee.
Page 15 | Rule *215 Assignment of Cases in the Trial Division
For transfers from arbitration to the major case program, the deadlines for demanding a jury and paying the jury listing fee match those for arbitration appeals.
With respect to transfers from arbitration to the major case program, the deadlines for demanding a jury and paying the jury listing fee shall be the same as for appeals from arbitration.
Page 27 | Rule *1007.1(3)
For non-residential lease possession appeals, supersedeas requires depositing the lesser of three months' rent or rent in arrears at filing, plus monthly rent deposits while the appeal is pending.
When the appeal is from a judgment for possession of real property pursuant to a non-residential lease, receipt by the Municipal Court of a copy of the Notice of Appeal shall operate as a supersedeas only if the appellant/tenant, at the time of the filing of the Notice of Appeal, deposits with the Office of Judicial Records a sum of money (or a bond, with surety approved by the Office of Judicial Records) equal to the lesser of three months' rent or the rent actually in arrears on the date of the filing of the Notice of Appeal, based on the Municipal Court judgment, and thereafter deposits each month with the Office of Judicial Records an amount equal to the monthly rent which becomes due while the appeal is pending in the Court of Common Pleas.
Page 27 | Rule *1008(b)
On appeal from an arbitration award, the jury listing fee must be paid at the time of the jury demand.
When an appeal is filed from an arbitration award rendered pursuant to Philadelphia Civil Rule *1301, the procedure for demanding a jury shall be as set forth in Pa.R.C.P. 1007.1(b). The jury listing fee shall be paid at the time of the demand.
Page 27 | Rule *1007.1(2)
For residential lease possession appeals by non-indigent tenants, supersedeas requires depositing the lesser of three months' rent or rent in arrears at filing, plus monthly rent deposits while the appeal is pending.
When the appeal is from a judgment for possession of real property pursuant to a residential lease, and there is no allegation that the appellant/tenant is indigent, receipt by the Municipal Court of a copy of the Notice of Appeal shall operate as a supersedeas only if the appellant/tenant, at the time of the filing of the Notice of Appeal, deposits with the Office of Judicial Records a sum of money (or a bond, with surety approved by the Office of Judicial Records) equal to the lesser of three months' rent or the rent actually in arrears on the date of the filing of the Notice of Appeal, based on the Municipal Court judgment, and thereafter deposits each month with the Office of Judicial Records an amount equal to the monthly rent which becomes due while the appeal is pending in the Court of Common Pleas.
Page 27 | Rule *1008(c)
A party must pay the jury listing fee at the time of the jury demand to perfect its right to a jury trial.
In order to perfect its right to a jury trial and have the case assigned to the Jury list, a party must pay the Jury listing fee at the time of the jury demand.
Page 27 | Rule *1007.1
If rent was not paid at filing, the indigent tenant must pay 1/3 of monthly rent at filing, 2/3 within 20 days, then full monthly rent every 30 days.
If the rent has not been paid at the time of filing the Notice of Appeal, the tenant shall pay: (i) at the time of filing the Notice of Appeal, a sum of money equal to one third (1/3) of the monthly rent; (ii) an additional deposit of two thirds (2/3) of the monthly rent within twenty (20) days of filing the Notice of Appeal; and (iii) additional deposits of one month's rent in full each thirty (30) days after filing the Notice of Appeal.
Page 28 | Rule *1008(d)(2)(b)
If rent for the filing month was already paid, the indigent tenant must pay monthly rent into an escrow account as it becomes due for months after the Notice of Appeal.
If the rent has already been paid to the landlord in the month in which the Notice of Appeal is filed, the tenant shall pay into an escrow account with the Office of Judicial Records the monthly rent as it becomes due under the lease for the months subsequent to the filing of the Notice of Appeal;
Page 28 | Rule *1008(d)(2)(a)
No filing fee is required for indigent parties represented by appointed counsel, granted in forma pauperis status, or receiving free legal service with the required praecipe.
The clerk of court shall not require the payment of a filing fee by any party found by the court to be indigent and is represented by an attorney appointed pursuant to Pa.R.Crim.P. 122 or Pa.R.Crim.P. 904, or who has been granted in forma pauperis status, or is represented by an attorney who is providing free legal service to the party and has filed the praecipe required by Pa.R.C.P. No. 240 (d).
Page 10 | Rule 576 Pilot Program: Electronic Filing and Service of Motions and Other Legal Papers
Filing fees may be paid electronically by credit/debit card, by mail with certified or cashier check and money order, or in person with cash, certified checks, or credit/debit cards.
The clerk of courts shall accept payment as follows: (i) electronically, at the time the legal paper is electronically filed through the Criminal Electronic Filing System, with the following credit or debit cards: American Express, Discover, MasterCard, and Visa; (ii) by mail, with certified or cashier check and money order; and (iii) in person, in cash, certified checks and with the following credit or debit cards: American Express, Discover, MasterCard, and Visa.
Page 10 | Rule 576 Pilot Program: Electronic Filing and Service of Motions and Other Legal Papers
Sealing & Redaction Procedures
Legal papers submitted with a Motion and Stipulation to Seal the Record must be filed in paper format until protocols permitting their electronic filing are adopted.
Until such time as necessary protocols are adopted to permit the electronic filing of these excluded legal papers, legal papers submitted contemporaneously with a Motion and Stipulation to Seal the Record must be filed in paper format so as to limit potential harm to any party and to protect the confidentiality of information as provided by law.
Page 7 | Rule 205.4 (Explanatory Note)
Family Court records are impounded and may not be inspected or disclosed except by a party, counsel of record, or order of the Administrative Judge of Family Court.
Family Court records, including, but not limited to Domestic Relations' matters, Juvenile records, Protection from Abuse records, Adoption records, and Divorce records, are impounded and are not subject to inspection except by a party to the action or counsel or record for the party whose records are to be inspected. These records may not be disclosed, unless otherwise provided by statute, or removed or inspected except by order of Administrative Judge of Family Court.
Page 24 | Disclosure of Family Court Records
The parties' highest offer and lowest demand must be filed in a sealed envelope with the Deputy Court Administrator, which is not opened or transmitted to the arbitration judge until after the arbitration decision is reached.
The parties shall submit to the Deputy Court Administrator for Civil Listings, at the time the stipulation is submitted in a sealed envelope, the defendant’s(s’) highest offer and the plaintiff’s(s’) lowest demand. These figures shall be submitted on one piece of paper signed by all parties. The sealed envelope shall be retained by the Deputy Court Administrator for Civil Listings, not transmitted to the Arbitration Judge, until after the arbitration is completed and the Arbitration Judge has reached his decision.
Page 45 | Rule 1300 - Voluntary High-Low Common Pleas Court Arbitration
Filings containing Section 7 confidential information must include both redacted and unredacted versions.
(a) When a filing (including exhibits) contains any of the confidential information listed in Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts ("UJS Case Records Policy"), the filer shall file a Redacted Version and an Unredacted Version of the filing as provided in Phila.R.J.A. No. *401.
Page 19 | CHAPTER IV. 4.7; 4(a)
Confidential documents covered by UJS Case Records Policy Section 8.0 A must be filed with a Confidential Document Form.
(b) The confidential documents listed in Section 8.0 A of the use of U.C. Case Records Policy, shall be filed with a Confidential Document Form as provided in Rules.*401.
Page 19 | CHAPTER IV. 4.7; 4(b)
All hearing evidence in the guardianship matter is sealed and unavailable except upon further court decree.
All evidence received at the hearing concerning the present matter, including but not limited to medical depositions, expert reports, testimony and exhibits, shall be SEALED and not made available except upon further Decree of this Court.
Page 63 | Decree
Confidential information must be filed on a Confidential Information Form, not in legal papers.
(f) Confidential information. Ex parte filing of legal papers. Filing legal papers under seal. (1) Counsel and unrepresented parties must refrain from including confidential information in legal papers filed with the clerk of courts or the court regardless of whether the legal paper is filed electronically or in a paper format. Counsel and unrepresented parties must include confidential information relevant to the case on a court-approved Confidential Information Form. The Confidential Information Form shall be served on and made available to the parties to the case, the court and appropriate court staff, as provided by law.
Page 11
Ex parte and sealed filings continue to be filed in paper format.
(2) Legal papers which, according to law, may be filed ex parte or under seal shall continue to be filed in a paper format as provided in subsection (a)(2).
Page 12
IGJ materials disclosed to the defense may be redacted to remove witness personal identifying information such as address, telephone, SSN, work details, or relatives of a witness.
Once such materials have been disclosed to the defense, the grand jury materials may be redacted to not include the address, telephone number, social security number, work information or closest relative information of any witnesses identified in the materials.
Page 20 | Appendix A – Disclosure Order
The attorney may review grand jury material with the defendant before trial, but the defendant is not permitted to retain a copy.
Your attorney will also review the grand jury material with you prior to trial but you will not be permitted to retain a copy of the grand jury material.
Page 22 | Appendix C - Defendants In Of Custody
Records of Mental Health Procedures Act proceedings must be made, impounded by the Court, and kept by the Office of Judicial Records for at least one year.
Record of the proceedings (which need not be in a stenographic format) held pursuant to the Mental Health Procedures Act shall be made, impounded by the Court as provided in the Act, and kept by the Office of Judicial Records for at least one year.
Page 122 | (j)
Clerk is not required to redact filings but may reject papers violating confidentiality rules.
(h)(1) Except as otherwise specifically provided by law, the clerk of courts shall not be required to redact any pleading filed electronically or in a hard-copy format. However, if the legal paper is submitted for filing in violation of subsection (f) of this rule, the clerk of courts may reject it or refuse to accept it for filing.
Page 12
Pre-Motion Conference Requirements
Defendants in the Consumer Credit Card Diversion Program must attend the mandatory Conciliation Conference as scheduled by Court Order.
Defendants MUST attend the mandatory Conciliation Conference as scheduled by Court Order.
Page 5 | NOTICE TO DEFENDANTS IN THE CREDIT Card DIVERSION PROGRAM
Bail motions and motions for early disclosure of Indicting Grand Jury material must be filed before an Indicting Grand Jury Supervising Judge.
Bail motions and any motions for disclosure of Indicting Grand Jury discovery (pursuant to Pa.R.Crim.P. 556.10(B)(5)) prior to the standard disclosure date of sixty (60) days before trial shall be filed before an Indicting Grand Jury Supervising Judge.
Page 21 | Appendix B - Notice of Rights
Leave to take depositions or obtain discovery or document production requires a petition showing cause, unless all counsel agree.
Except upon agreement of counsel, leave to take depositions, or obtain discovery or the production of documents, may be granted only on petition upon cause shown.
Page 38 | CHAPTER VII. RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE
Any party may request oral argument on a summary judgment motion, but the Court may require it or decide without it.
Any interested party may request oral argument. The Court may require oral argument, but the Court may decide the matter without it.
Page 47 | Rule 7.3A
Adjournment & Extension Requirements
Continuances require good cause, must be requested at least 10 days before the scheduled hearing, and must be served on all parties.
Continuances may be granted only for good cause shown and only by the Court at the scheduled hearing listing of the case. Continuance requests must be submitted to the Court at least 10 days before the scheduled hearing and served upon all parties. The request must show good cause for the continuance.
Page 21 | Rule 135
Same-day continuance requests must be in writing on the court-approved form and presented to the presiding judge or hearing officer; they are denied unless the cause did not previously exist, the defendant was unaware, or the interests of justice require it.
All requests for continuances on the day of the summary trial or hearing shall be in writing, on the court-approved form, and shall be presented to the presiding judge or Traffic Division hearing officer. All such requests shall be denied unless the defendant or the defendant’s attorney of record establishes that the cause for the continuance request did not previously exist, or that the defendant was not aware of the grounds for the request, or the interests of justice require it. The presiding judge or Traffic Division hearing officer shall rule on the request, in writing, and shall state the reasons for the grant or denial of the continuance.
Page 3 | Local Rule 106. Continuance Policy
Continuance requests must be received at least 48 hours before the trial or hearing; later requests are granted only if the cause did not previously exist, the defendant was unaware, or the interests of justice require it.
All requests for continuance must be received by the Philadelphia Municipal Court Traffic Division at least 48 hours before the date set for the trial or hearing. A later request shall only be granted if the defendant or defendant’s attorney of record establishes that the cause for the continuance request did not previously exist, or that the defendant was not aware of the grounds for the request, or the interests of justice require it.
Page 3 | Local Rule 106. Continuance Policy
Continuance requests must be in writing on a court-approved form, include the citation number and hearing date/time/courtroom, state the reasons, and be supported by documentation.
All continuance requests shall: (1) be in writing, on a court-approved form substantially in the format set forth below; (2) include the citation number and the date, time, and, if applicable, the courtroom it is listed for; and (3) specifically state the reasons for the request. Documentation substantiating the request for the continuance (i.e. proof of necessary hospitalization, pre-paid vacation, military service, etc.) must be submitted.
Page 3 | Local Rule 106. Continuance Policy
Continuances are granted only for good cause; party agreements alone are insufficient.
Continuances shall be granted only for good cause shown, and agreements to continue the matter by the parties or counsel are not sufficient to stay the provisions of this Administrative Regulation.
Page 34 | ADMINISTRATIVE REGULATION #02-02
Continuance requests must be submitted to the presiding judge for courtroom proceedings, or to the supervisor of the quasi-judicial officer otherwise.
If the scheduled event is a courtroom proceeding the request must be submitted to the presiding judge; if the scheduled event is not a courtroom proceeding, the request must be submitted to the supervisor of the presiding quasi-judicial officer.
Page 34 | ADMINISTRATIVE REGULATION #02-02
Emergency continuance requests must be submitted within 24 hours of awareness and at least 24 hours before the proceeding; failure to retain counsel timely is not an emergency.
If a continuance request is based on an emergency and/or other unanticipated situation, the request must be submitted in writing to the presiding judge or the supervisor of the presiding quasi-judicial officer within twenty-four (24) hours from the time that the party or attorney becomes aware of, or should have become aware of the situation, and at least twenty-four (24) hours prior to the proceeding, if possible. of a party to retain counsel in a timely fashion shall not constitute an emergency and/or unanticipated situation.
Page 34 | ADMINISTRATIVE REGULATION #02-02
Continuance requests must include case caption, party and officer names, matter pending, event date/time/place, opposing position, and a copy of the scheduling notice if a time conflict is alleged.
the request must include the caption of the case, the names of the parties and presiding officer, the matter pending, the date, time and place of the scheduled event, the position of the opposing parties or counsel with regard to the continuance request, and a copy scheduling notice if a time conflict is alleged.
Page 34 | ADMINISTRATIVE REGULATION #02-02
Continuance requests must state the reason, include documentation where possible, and copy all opposing parties or counsel.
All continuance requests must specify the reason therefor and include documentation, to the extent possible, and all opposing parties and/or counsel must be copied with said request.
Page 34 | ADMINISTRATIVE REGULATION #02-02
All continuance requests must be in writing and filed within 10 calendar days of service of the proceeding notices.
all requests for continuance must be submitted in writing and within ten (10) calendar days from the date that the notices for the proceeding were served.
Page 34 | ADMINISTRATIVE REGULATION #02-02
An attorney must have filed a formal entry of appearance before requesting a continuance.
A continuance request by an attorney for a case will only be considered if the attorney has already filed a formal entry of appearance in the case.
Page 34 | ADMINISTRATIVE REGULATION #02-02
If a continuance is not approved, the event proceeds; failure to appear may result in disposition of the underlying pleading.
Unless the party or attorney requesting the continuance receives approval of the continuance by the court or appropriate supervisor, the event shall proceed as scheduled. If either party fails to appear for the scheduled event, and a continuance request has not been approved, the underlying petition, complaint, motion, or other pleading may be disposed by the court or presiding officer under applicable law.
Page 34 | ADMINISTRATIVE REGULATION #02-02
An attorney of record in a support case who is scheduled for a proceeding on a date previously filed as unavailable must request a continuance within 10 calendar days of service of the notice.
Therefore, any attorney of record in a support case who receives a notice for a proceeding on a date that the attorney had previously filed as unavailable, must submit a request for continuance in accordance with this Administrative Regulation within ten (10) calendar days from the date that the notice for the proceeding was served, and include a copy of the letter of unavailability that had been filed with the Clerk of Family Court.
Page 35
No continuances of the Conciliation Conference will be granted absent exigent circumstances.
Absent exigent circumstances, no continuances will be granted.
Page 2 | Conciliation Conference
Emergency continuances will not be granted.
(4) There are no main applications. Applications shall be granted by GRN request.
Page 49 | Rule *1301 – Continuances – General
Arbitration hearing continuances are granted only for reasons in Pa.R.C.P. 216 if sufficient and consistent with the orderly determination of cases.
(1) General Rule. A request for continuance of an Arbitration hearing will be granted only for reasons set forth in Pa.R.C.P. 216 and are provided herein. A continuance may be granted provided a sufficient reason exists, and further provided that the continuance is consistent with the orderly and expeditious determination of Compulsory Arbitration cases.
Page 49 | Rule *1301 – Continuances
The Arbitration Center Director rules on continuance applications without a hearing or oral argument, where it not reviewable at a party's request.
Prior to receipt of an Application, the Director of the Arbitration Center, or his/her designee, shall rule on this request, and, in appropriate cases, may consult with the Administrative Judge of the Trial Division or his/her designee. There shall be no hearing or oral argument on the request for continuance or a ruling on this request, and the ruling is not subject to judicial review at the request of any party.
Page 49 | Rule *1301 – Continuances – Procedure for Obtaining Continuance
To reschedule an Arbitration Hearing by agreement, parties must file the required application no later than noon at least two business days before the original hearing, all counsel and unrepresented parties must sign it, the agreed date must be within two weeks of the original date, and the stay may be made only once per case.
If all parties agree to reschedule an Arbitration Hearing and they file an arbitration with the Arbitration Center an application in the application form attached hereto, the Arbitration Hearing will be rescheduled provided that the application is filed no later than noon, at least two business days prior to the originally scheduled hearing, and further provided that all parties agree on a specific rescheduled date which must be within two weeks of the originally scheduled hearing date. All other counsel and unrepresented parties must sign the application and the case shall be deemed rescheduled only upon the execution of the order by the manager of the Arbitration Center. Requests for rescheduling pursuant to this order may only be one time per case.
Page 51 | Compulsory Arbitration (Rule *1301)
Continuances of Arbitration Hearings may be granted only for enumerated reasons, including a defendant's vacation conflict (limited to one continuance and only if the defendant received less than 90 days' notice of the hearing) or any other appropriate reason consistent with the efficient handling of arbitration cases.
(vi) Due to the vacation schedule of defendant or defendant’s counsel provided that defendant was not given at least 90 days’ notice of the Arbitration Hearing date. Only one continuance will be granted for this reason. (vii) For any other appropriate reason not inconsistent with the orderly and expeditious determination of compulsory arbitration cases.
Page 51 | Compulsory Arbitration (Rule *1301)
If a defendant fails to submit the Notice of Defense and appears to defend, the Court may grant a continuance requiring the defendant to return to court on a different day.
If you fail to do so, and you choose to appear to defend the above matter, the Court may grant a continuance and require you to return to court another day.
Page 10 | Rule 114(b) form language
A defense motion to continue trial in an IGJ case may be granted only with approval of a designated IGJ Supervising Judge.
Defense motions to continue the trial for any IGJ defendant may not be granted without the approval of the Summoning Supervising Judge.
Page 19 | Standing Order
Continuances for physical witnesses require advance notice to the physician and a 24-hour continuance if a subpoenaed physician fails to appear.
Rule *216.1 Continuances—Physical Witnesses. (A) The lawyer has an obligation to notify a physician as far in advance of trial as is reasonable and attempt to secure times when the physician will be available to testify. (B) The lawyer has an obligation to keep the physician apprised of any change in trial date or times, or of settlement of the case. (C) A minimum of 48 hours notice of the appearance of the physician shall be given to the physician, if possible. (D) After a physician has been subpoenaed in accordance with the statute and the physician fails to appear, the Trial Judge shall intervene upon application by counsel by calling and apprising the physician of the requirement to appear. If the physician refuses or fails to appear, a bench warrant shall be issued and the Court shall grant a continuance of 24 hours, when required, for the attendance of the physician witness.
Page 16 | Rule *216.1 Continuances—Physical Witnesses
An attorney entering an appearance is deemed ready for trial, and the hearing or trial date will not be rescheduled due to the entry of appearance.
In order to prevent delay of the litigation, an attorney who enters an appearance for a party shall be deemed to be available and ready to try the case on the assigned hearing or trial date. The hearing or trial date will not be rescheduled due to the entry of appearance of counsel of any party.
Page 36 | Rule 1012(A)
A party may advance an Arbitration Hearing date by filing a Continuance & Deferral Application with the Director of the Arbitration Program alleging that all parties agree to the earlier specific date.
A hearing date may be advanced by filing a Continuance & Deferral Application with the Director of the Arbitration Program which shall allege that all parties agree to the advancement to a specific date.
Page 51 | Compulsory Arbitration (Rule *1301)
Civil cases in which the removed attorney represented a party are deferred for 60 days to allow the party to retain new counsel, after which the case proceeds.
IT IS FURTHER ORDERED and DECREED that any civil cases in which the said formerly admitted attorney represented a party shall be deferred for a period of sixty (60) days to permit the said party to retain new counsel. Thereafter, the case shall proceed as heretofore.
Page 4 | ORDER
Chambers Communication Rules
Petitioner must notify the court in writing at least 7 days before the hearing if the alleged incapacitated person has no counsel, including information about whether counsel should be appointed.
Petitioner and/or counsel for the petitioner shall notify the court, in writing, at least seven (7) days prior to the court hearing if counsel has not been retained by or on behalf of the alleged incapacitated person in accordance with the provisions of 20 Pa.C.S. §5511(a). This notice shall also contain all pertinent information which would indicate to the court whether or not counsel should be appointed to represent the interests of the alleged incapacitated person.
Page 72 | Preliminary Decree
Parties or witnesses with disabilities may request reasonable accommodations by telephone, letter, or in person at least 3 business days before a proceeding or within 3 business days after service of the complaint, whichever is later.
At least three business days prior to a court proceeding, or within three business days after service of the complaint, whichever is later, parties or witnesses with disabilities may request reasonable accommodations by telephone, by letter or in person.
Page 22 | Rule 137
Counsel must contact the Arbitration Center phone/writing only for status inquiries or to request reconsideration of a denied continuance.
Explanatory Note: Counsel are cautioned not to call or write the Arbitration Center for status of the Application, or to request “reconsideration” in the event that Continuance Application is denied.
Page 49 | Rule *1301 – Continuations – Explanatory Note
Emergency matters are handled by an on-call Emergency Judge reachable through the City Hall switchboard at 686-1776.
(C) The Court Administrator shall make available the name and telephone number of the particular Emergency Judge to the City Hall switchboard (686-1776), which will redirect all emergency calls to the appropriate number.
Page 55 | Rule *1531 Emergency Judge Procedures
An Emergency Judge is designated for criminal and civil emergencies, with contact information listed in the weekly court schedule and available through the City Hall switchboard.
The President Judge of the Municipal Court shall designate an Emergency Judge who shall be available for all criminal and civil emergency matters, including appeals from bail set by a Arraignment Court Magistrate. The name and phone numbers of the Emergency Judge shall be listed in the weekly court schedule and available through the City Hall switchboard (215-686-1776).
Page 3 | Rule 21 Municipal Court Emergency Judge Procedures