Philadelphia Court of Common Pleas Document Filing Requirements

CRITICALCivil cases

Applies to

Praecipe

Must include

certificate of service

A praecipe to terminate a supersedeas must be filed together with a certificate that a copy of the praecipe was mailed to each party who appeared in the action.

the supersedeas may be terminated by the Office of Judicial Records upon praecipe by the landlord or other party to the action, substantially in the form set forth below which is to be filed together with a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action.

CRITICALCivil cases

Applies to

Legal paper

Documents requiring multiple signatures must be scanned and attached to the electronic filing in PDF.

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.

CRITICALCivil cases

Applies to

Motion for summary judgment

A motion for summary judgment must be divided into consecutively numbered paragraphs, each containing one material allegation, with the supporting record referenced and attached as an exhibit.

The moving party shall provide the bases for the entry of summary judgment in a motion divided into consecutively numbered paragraphs. Each paragraph shall contain as far as practicable only one material allegation. The moving party must reference in each allegation the “record” (as that term is defined in Pa.R.C.P. No. 1035.1) which the moving party wants the Court to consider, and shall attach a copy of that record as an exhibit.

CRITICAL

Applies to

Administrative search warrant application

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.

CRITICAL

Applies to

Complaint

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 verifies the complaint is authorized by the plaintiff to do so.

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 verifies the complaint is authorized by the plaintiff to do so.

CRITICAL

Applies to

Authorization form

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

CRITICALCivil cases

Applies to

Tenant supersedeas affidavit

The Tenant's Supersedeas Affidavit requires the tenant to complete an In Forma Pauperis (IFP) petition to verify that household income does not exceed the income guidelines for a stay pending appeal.

My total household income does not exceed the income guidelines set forth in the supplemental instruction for obtaining a stay pending appeal and I have completed an In Forma Pauperis (IFP) petition to verify this.

CRITICALCivil cases

Applies to

Records subpoena notice

The notice must state a per-page price, and if total copy cost will exceed one hundred dollars, copies are sent only to counsel who approve the total cost.

The notice shall contain a per page price; if the total cost of a copy of the records will exceed $100, the records reproduction service shall inform all counsel of the total cost and send a copy only to those counsel who approve the cost

CRITICALCivil cases

Applies to

Petition for minor compromise

A minor who has turned 16 and is not incapacitated must provide written approval of the proposed settlement and distribution.

(d) If the minor is sixteen (16) years of age or older and not otherwise incapacitated, his or her written approval of the proposed settlement and distribution thereof;

CRITICALCivil cases

Applies to

Praecipe to transmit record

Must include

proposed order, certificate of service

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.

CRITICALCivil cases

Applies to

Petition to sell real property

Must include

proposed order

A proposed decree directing the public sale and electronic filing of the return of sale must be attached to the face of the petition.

(4) Decree. A proposed decree providing that the real property be offered for public sale and that a return of sale be electronically filed with the Court shall be attached to the face of the petition.

CRITICALCivil cases

Applies to

Legal papers

All legal papers must be accompanied by the Orphans’ Court Cover Sheet from the Appendix.

Legal papers shall be accompanied by an Orphans’ Court Cover Sheet as set forth in the Appendix to these Rules.

CRITICAL

Applies to

Claim fact sheet

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.

CRITICALCivil cases

Applies to

Stipulation regarding signature lines

Objector must meet with the Candidate to review challenged signature lines, and the parties must file a stipulation identifying signature-line totals and each objected line.

(5) If signature line challenges are at issue: (a) the Objector shall immediately arrange to meet with Candidate or Candidate's representative to review before the hearing each and every challenged signature line. Objector and Candidate shall file a stipulation of the parties that identifies: (i) the total number of completed signature lines submitted; (ii) the total number of uncontested signature lines submitted; (iii) the total number of signature lines challenged; (iv) each and every signature line to which there is an objection, identified by page number and line number.

CRITICALCivil cases

Applies to

Account of agent under power of attorney

The account of an agent under power of attorney must be accompanied by a certified copy of the power of attorney.

(7) Accounts of Agents under Power of Attorney. In addition to the papers required by Rule 2.4B(1), at the time of filing an account of an agent under power of attorney, counsel shall electronically file a copy of the power of attorney, certified by the accountant or counsel to be true and correct.

CRITICAL

Applies to

Rule to show cause

Must include

proposed order

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.

CRITICALCivil cases

Applies to

Conditions of sale

The Sheriff's conditions of sale must include a bold paragraph directing prospective purchasers to BRT and Department of Records resources and stating that purchasers are responsible for determining property details.

The Sheriff’s conditions for sale shall provide the following paragraph in bold: “Prospective purchasers are directed to the Philadelphia Board of Revision of Taxes (BRT) Website (http://brtweb.phila.gov) for a fuller description of the properties listed. Properties can be looked up by the BRT number, which should be cross-checked with the address. Prospective purchasers are also directed to the Philadelphia Department of Records, at Room 154 City Hall, Philadelphia, PA 215-686- 1483 and to its Website at http://philadox.phila.gov, where they can view the deed to each individual property and find the boundaries of the property. PROSPECTIVE PURCHASERS ARE RESPONSIBLE FOR DETERMINING THE NATURE, LOCATION, CONDITION AND BOUNDARIES OF THE PROPERTIES THEY SEEK TO PURCHASE.”

CRITICALCriminal cases

Applies to

Written request for revocation

Before a Gagnon II probation/parole revocation hearing is held, a written request for revocation must be filed as required by Pa.R.Crim.P. 708(A).

a. a written request for revocation shall be filed as required by Pa.R.Crim.P. 708(A);

CRITICALCivil cases

Applies to

Arbitration figures sheet

The defendant's highest offer and plaintiff's lowest demand figures must be submitted on a single piece of paper signed by all parties.

These figures shall be submitted on one piece of paper signed by all parties.

CRITICALCivil cases

Applies to

Summary judgment brief

The summary judgment motion must include a brief limited to legal bases for the allegations in the motion; facts not raised in the motion will not be considered.

The moving party shall include with the motion a brief or memorandum of law. The brief or memorandum of law shall provide the Court with the legal bases for summary judgment in light of the allegations made in the motion, and shall not reference any fact or pleading not raised in the motion. Any fact or allegation mentioned in the brief or memorandum of law which is not listed in the summary judgment motion will not be considered by the Court.

CRITICAL

Applies to

Legal paper

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.

CRITICAL

Applies to

Nuisance complaint

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.

CRITICAL

Applies to

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.

CRITICALCivil cases

Applies to

Petition for approval of settlement

The petition must state the incapacitated person's birth date and address, identify all guardians and the appointing court, and recite the factual basis of the cause of action.

(1) Set forth the date of birth and the address of the incapacitated person, the names and addresses of all guardians of the person, the estate and/or ad litem of the incapacitated person, and the appointing court, and a factual recitation of the salient facts which form the basis of the cause of action;

CRITICALCivil cases

Applies to

Verified petition

Must include

proposed order

To use impounded Family Court records as evidence, a verified petition stating specific reasons must be filed with the Administrative Judge, accompanied by an appropriate Order.

In the event these records are required as evidence in a civil, criminal, administrative or disciplinary proceeding, a verified petition setting forth specific reasons why the record is needed must be filed with the Administrative Judge of Family Court Division or his judicial designee. An appropriate Order must accompany the petition.

CRITICALCivil cases

Applies to

Uncontested proceeding

In uncontested proceedings, the moving party must present specific affidavits and certifications to the Master at the hearing.

In uncontested proceedings, the moving party shall be prepared to present the following to the Master on the day of the hearing: (i) an Affidavit setting forth jurisdictional facts; (ii) a separate narrative Affidavit setting forth the specific facts relied upon as the basis for the fault allegations in the case, or where an Annulment is requested, the facts establishing grounds for such relief under Sections 3304 or 3305; (iii) in cases where no appearance of record has been entered for the defendant, an Affidavit of Non-Military Service as required by the Soldiers' and Sailors' Civil Relief Act; and (iv) in actions for Indignities under Section 3301(a)(6), a Certification of Counseling Notice.

CRITICALCivil cases

Applies to

Affidavit of compliance

The Affidavit of Compliance must certify compliance, attach a copy of the order, submit proof of deposit, and be substantially in the form set forth in Appendix (K).

The Affidavit of Compliance shall certify compliance with the Order, attach a copy of the said Order and shall submit proof of deposit in the restricted account, annuity, structured settlement or trust. The Affidavit of Compliance shall be substantially in the form set forth in (K) below.

CRITICAL

Applies to

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.

CRITICALCivil cases

Applies to

Continuance request

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.

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.

CRITICALCivil cases

Applies to

Certification of mailing

The certification of mailing must list each noticed party's name and address and include a copy of the notice.

Counsel to petitioner shall electronically file with the Clerk, prior to the return date of the citation, a certification of mailing which shall list the names and addresses of all parties to whom notice was so given, including a copy of the notice given.

CRITICALCivil cases

Applies to

Stipulation

The stipulation must clearly state that the arbitration judge's decision is final and binding and that the award may be entered as a judgment of record without any right of appeal.

shall clearly indicate that the decision of the Arbitration Judge shall be final and binding and the award may be entered as a judgment of record without right of appeal

CRITICALCivil cases

Applies to

Schedule of distribution

The attorney for the accountant must certify that the schedule of distribution is correct and conforms to the adjudication.

(2) Certification. The attorney for the accountant shall certify that the schedule of distribution is correct and in conformity with the adjudication. See below (3)(a), (3)(b)(ii) and (6)(b) for additional statements to be included in the certification where appropriate.

CRITICALCivil cases

Applies to

Proposed order of distribution

Must include

proposed order

The proposed Order of Distribution must include an award of counsel fees.

The proposed Order of Distribution shall include an award of counsel fees.

CRITICALCivil cases

Applies to

Petition for approval of settlement

Settlements involving incapacitated persons require a Petition for Approval; Wrongful Death or Survival Actions must also comply with Pa.R.C.P. No. 2206.

No action in which an incapacitated person is a party shall be compromised, settled, or discontinued except after the filing of a Petition for Approval of the Compromise, Settlement, Discontinuance or Distribution. In addition to the requirements set forth in this Rule, Petitions for Approval of dispositions of Wrongful Death or Survival Actions involving incapacitated persons must also comply with Pa.R.C.P. No. 2206.

CRITICAL

Applies to

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.

CRITICAL

Applies to

Nuisance complaint

Must include

proposed order

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.

CRITICALCriminal cases

Applies to

Warrant

Search and seizure and arrest warrants require a probable cause affidavit reviewed and approved by the Attorney for the Commonwealth before issuance.

No Arraignment Court Magistrate shall issue any Search and Seizure Warrant or Arrest Warrant wherein the probable cause Affidavit has not been reviewed and approved by the Attorney for the Commonwealth.

CRITICALCivil cases

Applies to

Motion for allowance

Must include

proposed order

Motions for Allowance must be accompanied by a proposed order, the original compromise motion and distribution order, prior allowance requests and orders, substantiating documentation, and the movant's consent.

All motions shall be accompanied by: (1) A proposed Order; (2) A copy of the Original Motion for Compromise and the Order of Distribution; (3) Copies of all prior requests for allowances and the Orders with respect to same; (4) Substantiating documentation to support the proposed request; and (5) A consent filed by the movant.

CRITICALCivil cases

Applies to

Summary judgment brief

A summary judgment motion must be accompanied by a brief limited to the legal bases raised in the motion; any unlisted fact or allegation in the brief will be disregarded.

The moving party shall include with the motion a brief or memorandum of law, as provided in Phila.Civ.R. *210. The brief or memorandum of law shall provide the court with the legal bases for summary judgment in light of the allegations made in the motion, and shall not reference any fact or pleading not raised in the motion. Any fact or allegation mentioned in the brief or memorandum of law which is not listed in the summary judgment motion will not be considered by the court.

CRITICALCivil cases

Applies to

Petition for minor compromise

Counsel's professional opinion on the reasonableness of the proposed settlement, with the basis, must accompany the petition.

(e) A statement of the professional opinion of the plaintiff as to the reasonableness of the proposed settlement and the basis for such opinion;

CRITICALCivil cases

Applies to

Petition for approval of settlement

The petition must state the amount of counsel fees and itemize all expenses to be paid from settlement proceeds.

(3) State the amount of counsel fees and provide an itemization of the expenses to be paid out of settlement proceeds;

CRITICALCivil cases

Applies to

Petition private sale real property

A private-sale petition must include the Rule 5.10A public-sale information plus the purchaser's name/address, sale terms, and the estimated net proceeds.

(1) Contents of Petition. A petition under this Rule shall set forth, as nearly as may be practicable, the same information as is required under Rule 5.10A with regard to a petition to sell real property at public sale and, in addition, it shall set forth the following information: (a) the name and address of the purchaser and a brief recital of the terms of sale; and (b) the estimated net proceeds which the petitioner will receive at the time of settlement.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order, certificate of service

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.

CRITICALCivil cases

Applies to

Affidavit of service

An affidavit of service must be presented at the start of the hearing.

An affidavit of service containing specific averments as to the above requirements in the two preceding paragraphs shall be presented at the beginning of the court hearing.

CRITICALCivil cases

Applies to

Petition to sell real property private sale trustee

A trustee's private-sale petition must separately state the Rule 5.13A(1) information, the purchaser's name/address, price, terms, the fact the price exceeds public-sale value, and for undivided interests, that other interested parties want the sale and will join the deed.

A petition by a trustee to sell real property at private sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) ) the information required under Rule 5.13A(1); (ii) the name and address of the proposed purchaser, the price to be paid; the terms of the proposed sale; and that the price offered is better than can be obtained at a public sale; and (iii) when the proposed sale is of an undivided interest, that the other interested parties desire the sale to be made and are willing to join in the deed.

CRITICAL

Applies to

Legal paper

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.

CRITICALCriminal cases

Applies to

Search warrant application

Search warrant applications must be reviewed and approved by a Commonwealth attorney before submission to any judicial officer.

The District Attorney of Philadelphia County having filed a certification pursuant to Pa.R.Crim.P. 202, no search warrants shall be submitted to any judicial officer unless it has first been reviewed and approved by an attorney for the Commonwealth.

CRITICALCivil cases

Applies to

Petition for approval compromise settlement minor

A settlement, compromise, or discontinuation of a minor's case requires filing a Petition for Approval, and Wrongful Death or Survival actions involving minors are also subject to Pa.R.C.P. No. 2206.

(A) When Petition Required. No action in which a minor is a party shall be compromised, settled, or discontinued except after the filing of a Petition for Approval of the Compromise, Settlement, Discontinuance, or Distribution. In addition to the requirements set forth in this Rule, Petitions for Approval of dispositions of Wrongful Death or Survival Actions involving minors must also comply with Pa.R.C.P. No. 2206.

CRITICALCriminal cases

Applies to

Electronic filing

The Criminal Electronic Filing System will attribute the filing of an electronic legal paper to the party whose Username, Password and PIN is used to log on and file the legal paper. The following additional provisions govern the signature and verification of legal papers: (i) The signature of the filer on electronic filings shall be in the following form: /s/ Chris L. Smith.

The Criminal Electronic Filing System will attribute the filing of an electronic legal paper to the party whose Username, Password and PIN is used to log on and file the legal paper. The following additional provisions govern the signature and verification of legal papers: (i) The signature of the filer on electronic filings shall be in the following form: /s/ Chris L. Smith.

CRITICALCivil cases

Applies to

Request for support arrears balance

The envelope for the Request for Support Arrears Balance form must be clearly marked with the specified text.

The envelope containing the Form shall be clearly marked: “Request for Support Arrears Balance (Lien/Judgment Certification),”