Philadelphia Court of Common Pleas Document Filing Requirements

CRITICALCivil cases

Applies to

Settlement notice

Counsel must give written notice of any settlement to the Director of the Arbitration Center before the Arbitration Hearing date, and failure to do so may result in a judgment of non pros if the parties fail to appear at the hearing.

Counsel shall give written notification to the Director of the Arbitration Center of any settlement prior to the Arbitration Hearing date and an appropriate Order will be issued. Failure to provide written notice prior to the Arbitration Hearing date will result in the entry of a judgment of non pros if the parties fail to appear for the Call of the List and hearing.

CRITICALCivil cases

Applies to

Proposed order

The proposed order for a discovery motion must not reference the attorney proposing it.

which shall contain no reference to the attorney proposing same

CRITICALCivil cases

Applies to

Petition for adjudication of incapacity

The signed written consent of the proposed guardian must be attached to the petition for adjudication of incapacity.

(b) Consent of Proposed Guardian. The signed written consent of the proposed guardian to act as guardian, as set forth in the Appendix maintained pursuant to Phila. O.C. Rule 1.8(c), shall be attached to the petition.

CRITICALCivil cases

Applies to

Conditions of sale

The Sheriff's conditions of sale must add an Explanation section defining the BRT number and its use.

The Sheriff’s condition of sale shall add to the “Explanation” section the following: The “BRT #” refers to a unique number assigned by the Philadelphia Board of Revision of Taxes to each property in the City for the purpose of assessing it for taxes. This number can be used to obtain descriptive information about the property from the BRT Website.

CRITICALCivil cases

Applies to

Notice of appearance

Attorneys must file an entry of appearance on behalf of a party with the Clerk of Family Court using the prescribed form.

the entry of appearance by an attorney on behalf of a party, which shall be substantially in the following form:

CRITICALCriminal cases

Applies to

Criminal complaint or arrest warrant affidavit

Criminal complaints and arrest warrant affidavits charging a misdemeanor or felony 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. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging any misdemeanor or felony shall not be submitted to any judicial officer unless it has first been reviewed and approved by an attorney for the Commonwealth.

CRITICALCivil cases

Applies to

Handbill

For residential properties of four units or less, the handbill description requirement is satisfied by providing the street address with zip and ward, approximate size and BRT account number, and the words 'Residential Property'.

For the purpose of Pa.R.C.P. 3129.2(b)(1), which specifies the contents of the handbills required to be posted by the Sheriff, and for the purpose of Pa.R.C.P. 3129.2(d), which requires the publication in newspapers of the information contained in the handbill, the requirement of “a brief description of the property to be sold, its location any improvements” shall be satisfied, in the case of Residential Properties consisting of four (4) units or less, by providing the following information: (a) for “location”: the street address of the property with the zip code, extended zip code if available, and ward number; (b) for “a brief description of the property”: the approximate size of the property in square feet or acres and the Philadelphia Board of Revision of Taxes (BRT) account number—designated as follows: “BRT # XXXXXXXXX”; and (c) for “improvements”: the words “Residential Property.”

CRITICALCivil cases

Applies to

Petition for minor compromise

The petition must include a statement of the final lien amount from the Department of Human Services.

(h) Statement of the final lien amount from the Department of Human Services;

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All non-discovery motions must be accompanied, in order, by a completed Petition/Motion Cover Sheet, a proposed order containing no attorney reference, and a brief or memorandum of law.

All Motions shall be accompanied by the following items in the following order: (i) A completed Petition/Motion Cover Sheet as provided in Phila.Civ.R. *205.2(b)(2); (ii) A proposed order, which shall contain no reference to the attorney proposing same; (iii) A brief or memorandum of law as required by Phila.Civ.R. *210;

CRITICALCivil cases

Applies to

Petition

Small-estate petitions must state where, to whom, and when letters were granted, any bond amount, and a prayer for discharge and release of any bond.

Rule 5.50A. Settlement of Small Estates by Petition (1) In addition to the requirements set forth under Pa.R.O.C.P. 5.50(b), a petition for the settlement of a small estate filed pursuant to 20 Pa.C.S. § 3102 shall also set forth: (a) If Letters of Administration or Letters Testamentary were granted, where, to whom, and when they were granted, and the amount of bond, if any, given by the personal representative; (b) A prayer for the discharge of the personal representative and the release of any bond or surety given.

CRITICAL

Applies to

Multi signature document

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.

CRITICALCivil cases

Applies to

Brief

All petitions and motions (except Motions for Extraordinary Relief) must be accompanied by a brief containing five titled sections in order: Matter before the Court, Statement of question(s) involved, Facts, Argument, and Relief.

Except for Motions for Extraordinary Relief, all Petitions and Motions shall be accompanied by a brief or memorandum of law. Briefs or memoranda of law shall be typewritten, printed or otherwise duplicated, and endorsed with the name of the case, the court term and number, and the name, address, and electronic mail address of the attorney or the party if not represented by an attorney. Briefs and memoranda of law shall contain concise and summary statements, separately and distinctly titled, of the following items in the order listed: 1. Matter before the Court: State the particular pleading (motion, petition, objection, exception, application, etc.) before the court for disposition, and the particular relief requested therein. 2. Statement of question(s) involved: State the issue(s) in question form containing factual context sufficient to present the precise matter to be decided by the Court, each susceptible of a yes or no answer, each followed by the answer desired or advocated. 3. Facts: State the operative facts. 4. Argument: State the reason(s) why the court should answer the questions involved as proposed, including citation of the authorities relied on. An authority shall not be cited for general reference but in all cases shall be immediately preceded or followed by its relevant holding or particular proposition for which it stands. 5. Relief: State the specific action(s) requested of the court.

CRITICALCivil cases

Applies to

Petition for allowance

Must include

proposed order

When the petitioner is not a guardian, a preliminary decree setting the time and place for hearing must also be attached to the face of the petition.

When the petitioner is not a guardian, a preliminary decree containing a provision for the time and place for hearing to be fixed by the Court shall also be attached to the face of the petition.

CRITICAL

Applies to

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.

CRITICALCivil cases

Applies to

Petition for title determination

A petition to determine title to a decedent's real property must include specified content: petitioner identity and relationship, factual basis, testacy and letters details, property description with recording and account identifiers, all known creditors/interested parties (including the Attorney General if heirs unknown), and a prayer for citation.

(1) Contents of Petition. A petition under 20 Pa.C.S. § 3546 for the determination of title shall set forth: (a) the name of the petitioner and petitioner's relationship to the decedent; (b) the facts on which the claim of the petitioner is based; (c) whether the decedent died testate or intestate, and where, when, and to whom letters were granted; (d) a description of real property located within the Commonwealth, and the place, book, and page of recording the last deed thereto; and the Office of Property Assessment Account number assigned to the real property; (e) the names and addresses of all known creditors and interested parties which shall include the Attorney General, if heirs to the decedent are unknown; (f) ) the facts material to a determination of the title; and (g) a prayer for a Citation, directed to all interested parties and known creditors to show cause why title to the decedent’s interest in the real property should not be in Petitioner’s name;

CRITICALCivil cases

Applies to

Petition for minor compromise

Must include

proposed order

The petition must include a proposed Order for Distribution substantially in the form set forth in the rule.

(l) A proposed Order for Distribution, etc., substantially in the form set forth in (K) below.

CRITICALCivil cases

Applies to

Petition for minor compromise

If a guardian ad litem was appointed, the petition must include the GAL's professional opinion on the allocation with specific reasons for approval or disapproval.

(g) If a guardian ad litem has been appointed, a statement of the professional opinion of the guardian ad litem as to the reasonableness of the proposed allocation, and the basis for such opinion. The guardian ad litem shall give specific reasons for his or her approval or disapproval of any proposed allocation of the proceeds;

CRITICAL

Applies to

Entry of appearance

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.

CRITICALCivil cases

Applies to

Wrongful death notice

Must include

case number

The notice in a wrongful-death action must identify the decedent, the court and case numbering, and inform the person that they may petition to remove or substitute the plaintiff.

The notice prescribed in Pa.R.C.P. 2205 shall name the decedent, and state the Court, term and number of the action, and that if the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such person may petition the Court to remove the plaintiff and to substitute as a new plaintiff either any person entitled by law to recover damages in the action or a personal representative of the decedent.

CRITICALCivil cases

Applies to

Petition for approval of settlement

The petition must describe the full terms of the settlement, including any annuity provisions, annuity credit rating and cost, and the schedule and amounts of payments.

(2) State the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity assuming responsibility for future payments, the present cost of the annuity, as well as the schedule and amount of periodic and lump sum payments;

CRITICALCivil cases

Applies to

Settlement order

No payment may be made to a minor's guardian until the guardian posts additional security required by the Orphans' Court Division under 20 Pa.C.S. §5121.

provided, however, that no payment shall be made to the guardian until the guardian has posted additional security as required by the Orphans' Court Division of ____________ County pursuant to 20 Pa. C.S. §5121, et seq.

CRITICALCivil cases

Applies to

Hearing notice

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.

CRITICALCivil cases

Applies to

Notice of appeal

Appeals are commenced by filing a Notice of Appeal with the Office of Judicial Records in the prescribed form.

An appeal may be commenced by filing a Notice of Appeal with the Office of Judicial Records. The Notice of Appeal shall be in substantially the following form:

CRITICALCivil cases

Applies to

Affidavit

Counsel must file an Affidavit certifying compliance with the final order with the office of Civil Administration within 60 days, attaching a copy of the Certificate of Deposit and/or restricted bank account.

Within sixty (60) days of the entry of this final Order, counsel shall file with the office of Civil Administration an Affidavit from counsel certifying compliance with this Order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

CRITICALCivil cases

Applies to

Petition for allowance

A petition for allowance must include specified information about the guardianship, interested parties, prior distributions, creditor claims, the requested distribution, and a prayer for relief.

The petition shall include: (i) the information listed in Pa. O.C. Rule 14.2(a)(1) through (5); (ii) the name(s) of the guardian(s), the date of his or her or appointment, the nature of the guardianship of the estate or person (limited or plenary) and the name of the Hearing Judge; (iii) the names and addresses of all interested parties; (iv) if the petitioner is not a guardian, his or her relationship to the incapacitated person, and, if not related, the nature of his or her interest; (v) a statement of all previous distributions allowed by the Court since the date of the last Court approved accounting, if any; (vi) an itemized statement of all claims of the incapacitated person’s creditors known to petitioner; (vii) a statement of the requested distribution and the reasons therefor; and (viii) a prayer for the distribution requested.

CRITICAL

Applies to

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.

CRITICALCivil cases

Applies to

Legal paper

Electronically filed legal papers must include a signature block with the filer's name preceded by '/s/'.

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.

CRITICALCivil cases

Applies to

Motion

A Petition/Motion Cover Sheet, in a form provided by the Court as approved and modified from time to time by the Administrative Judge or his/her designee, must be attached to all Petitions, Motions, Answers and Responses, except for Discovery Motions and Motions for Extraordinary Relief, and Responses thereto.

A Petition/Motion Cover Sheet, in a form provided by the Court as approved and modified from time to time by the Administrative Judge or his/her designee, must be attached to all Petitions, Motions, Answers and Responses, except for Discovery Motions and Motions for Extraordinary Relief, and Responses thereto.

CRITICALCriminal cases

Applies to

Bail modification order

Must include

case number

After a bail modification hearing, the judge must issue a written order on the clerk's certificate, and certificate copies must include the CPCMS number.

At the conclusion of the hearing, whether stenographically recorded or not, the Judge shall issue a written order as to the amount and form of bail on a certificate provided by the clerk. Copies of the certificate which shall include the CPCMS number, shall be issued forthwith by the Court and a copy provided to counsel.

CRITICALCivil cases

Applies to

Legal paper

Verifications and signature pages of documents executed by non-filing parties must be scanned and attached to the electronic filing in PDF.

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.

CRITICALCivil cases

Applies to

Petition for adjudication of incapacity

The petition's description and steps taken to find less restrictive alternatives must include sufficient information to satisfy 20 Pa.C.S. § 5518.

The description and the steps taken to find less restrictive alternatives must include sufficient information to satisfy the requirements of 20 Pa.C.S. § 5518.

CRITICALCriminal cases

Applies to

Order of destruction

A destruction order must state a compliance deadline and require destruction in the presence of four witnesses designated by the named agencies.

An order of destruction of any drug which appears in the Schedules of Controlled Substances of the Uniform Controlled Substance, Drug, Device and Cosmetic Act issued by the Court pursuant to this Rule shall state the time within which the provisions of such orders are to be complied with. It shall direct the person having custody of the drug to make provision for the destruction thereof in the presence of four witnesses one of whom shall be designated by each of the following: the Police Commissioner, the Sheriff, the District Attorney and the Office of Judicial Records.

CRITICALCivil cases

Applies to

Affidavit of compliance

If the Court's compliance order is not fully satisfied, counsel must file an Affidavit describing compliance and reasons for any delay within 60 days, with a further Affidavit when complete.

(i)(2) In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon complete satisfaction of the terms of the Order.

CRITICAL

Applies to

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.

CRITICALCriminal cases

Applies to

Motion for return of property

Must include

case number

A motion for return of property must be filed using the underlying case's CPCMS number if charges were filed; otherwise, a Miscellaneous Docket number is assigned through CPCMS.

In the event criminal charges have been filed against the owner of the property or the person in possession of the property, the motion shall be filed utilizing the CPCMS number assigned to the underlying case. If criminal charges have not been filed against the owner or person in possession of the property, a Miscellaneous Docket number shall be assigned through CPCMS.

CRITICALCivil cases

Applies to

Petition for leave to sell real property public sale

A guardian of a minor's estate must include circumstances of appointment, the minor's name/age/residence/parent status, title acquisition, inventory values, current property value, relevant instrument provisions, sale authority/reasons for judicial-sale effect, interests of the minor and third persons, and information showing the sale is in the minor's best interest.

A petition by a guardian of a minor's estate shall set forth the following information: (i) ) the circumstances of the petitioner's appointment; (ii) the name, age and residence of the minor; the names of the minor's parents and whether either of them is deceased; (iii) ow title was acquired; (iv) if an inventory was filed, the total value of the property set forth therein and the date it was filed, and the value at which the real property to be sold was included therein; (v) the total approximate current value of property held by the petitioner; (vi) of the provisions of the will, deed, trust agreement or other relevant instrument relating to the real property to be sold; (vii) that the petitioner is not authorized to sell the real property; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (viii) nature and extent of the interest of the minor, of the petitioner and of third persons in the real property; (ix) ficient information to enable the Court to find that the proposed sale is in the best interest of the minor; and (x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.

CRITICAL

Applies to

Verification

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.

CRITICALCivil cases

Applies to

Electing spouse petition

An electing spouse's petition must contain the enumerated items covering the decedent, the petitioner, the marriage, the estate, the value of assets subject to election, the election filing and notice details, and the parties against whom relief is sought.

(1) Contents of Petition. The petition by an electing spouse shall set forth the following: (a) the name, date of death and residence of the decedent; (b) the name and address of the petitioner, and the petitioner's residence on the date of the decedent's death; (c) an averment that the petitioner is the surviving spouse of the decedent; the date and place of the ceremonial marriage, and the name and the official capacity of the person who performed the ceremony; or, in case of a common-law marriage, all averments necessary to establish the validity of such a marriage; (d) whether the decedent died intestate or is testamentary; if letters were granted, where, to whom and when they were granted; (e) the approximate value of all assets which may be subject to the spouse's election, to the extent known by petitioner; (f) the date of the filing of the election, and the date and method of notice to the decedent's personal representative of the filing; (g) a description of the party or parties against whom relief is sought, including whether each party is a fiduciary, custodian or obligor.

CRITICALCivil cases

Applies to

Petition for minor compromise

The petition must include any statements from medical care providers in which they agree to compromised amounts.

(j) Statement from medical care providers agreeing to compromised amount(s), if any;

CRITICALCivil cases

Applies to

Discovery motion

On the argument date, the filing party must hand the Discovery Judge the original motion, proposed order, Notice of Presentation, and Attorney Certification of Good Faith.

On the argument date, the filing party shall hand to the Discovery Judge the following items: the original Discovery Motion and proposed order (which shall contain no reference to the attorney proposing same), Notice of Presentation, and the Attorney Certification of Good Faith required by Phila.Civ.R. *208.2(e).

CRITICALCivil cases

Applies to

Certification request

Requests for certification must include the individual's name, social security number, date of birth, and address.

In order to facilitate the search, the person or entity requesting the certification must submit sufficient information to identify the individual for whom the search is to be conducted, including that individual’s name, social security number, date of birth, and address.

CRITICALCivil cases

Applies to

Arbitration scheduling order or notice

When an arbitration hearing is scheduled after commencement, the scheduling Order or Notice must contain the required board-of-arbitrators statement if the initial pleadings lack it.

In the event a case is scheduled for an Arbitration hearing after the commencement of the action, and the initial pleadings do not contain the statement authorized by Pa.R.C.P. No. 1303(a)(2), the case will nonetheless be subject thereto provided the Order or Notice scheduling such Arbitration hearing contains the following statement: "This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

CRITICALCivil cases

Applies to

Petition for adjudication of incapacity

Petitions for adjudication of incapacity must have the Preliminary Decree and Final Decree attached to the face of the petition.

(a) A Preliminary Decree and a Final Decree, as set forth in the Appendix maintained pursuant to Phila. O.C. Rule 1.8(c), shall be attached to the face of a petition for adjudication of incapacity.

CRITICALCivil cases

Applies to

Petition for minor compromise

The petition must include verified statements by the parents and any appointed guardian certifying the minor's condition, plus a copy of the appointing decree.

(b) A verified statement by the parent(s) of the minor and the guardian of the person or guardian ad litem, if appointed, certifying the present physical and mental condition of the minor; and a copy of the decree appointing the guardian of the person or guardian ad litem;

CRITICALCivil cases

Applies to

Order of distribution

The proposed Order of Distribution must include an award of counsel fees, with reasonableness governed by Rule 1.5, and counsel should maintain time records.

(F) Counsel Fees. The proposed Order of Distribution shall include an award of counsel fees. The standard for the award of counsel fees in the representation of minors is that such fees must be reasonable in accordance with the guidelines set forth in Rule 1.5 of the Rules of Professional Conduct, Counsel are advised to maintain time records.

CRITICALCivil cases

Applies to

Corporate fiduciary petition

A corporate fiduciary's approval petition must attach the original or photocopy of the regulatory certificate evidencing authority to conduct fiduciary activities and must certify in the petition that the certificate is valid as of the petition date.

(1) In General. Financial institutions having fiduciary powers and authorized to do business in this Commonwealth, upon petition and pursuant to approval by the Court, may act as fiduciaries in matters pending in the Court, provided that a copy (either the original or photocopy) of the certificate evidencing the approval to conduct fiduciary activities issued by the appropriate state or federal banking regulator is attached to the petition. The institution shall certify in the petition that the certificate has been issued by the appropriate regulator and is valid as of the date of the petition.

CRITICALCivil cases

Applies to

Writ of execution

A plaintiff preparing a Writ of Execution must include a property description conforming to Rule *3129.2(b)(1).

Plaintiff, when preparing a Writ of Execution for transmission to the Sheriff, shall include therein a description which conforms to the requirements of this Rule.

CRITICALCivil cases

Applies to

Affidavit of notice

Must include

certificate of service

An affidavit reciting the manner of giving notice of the hearing and identifying the persons notified must be submitted on the hearing date.

(b) an affidavit reciting the manner of giving notice of the hearing and identifying those persons to whom such notice was given as required in Pa. O.C. Rule 14.2(f)(2).

CRITICALCivil cases

Applies to

Notice of appearance

Self-represented parties must file an entry of appearance pursuant to Pa.R.C.P.1930.8 with the Clerk of Family Court using the prescribed form.

the entry of an appearance by a self-represented party pursuant to Pa.R.C.P.1930.8; which shall be substantially in the following form:

CRITICAL

Applies to

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.