Philadelphia Court of Common Pleas Document Filing Requirements

WARNINGCivil cases

Applies to

Records subpoena

To obtain records, the service must use the letter form in Appendix C and the subpoena form in Appendix D.

To obtain records, the record reproduction service shall send to the Records Custodian a letter in the form of Appendix C and a record reproduction subpoena in the form of Appendix D.

WARNINGCriminal cases

Applies to

Disapproval of private criminal complaint

A disapproval of a private criminal complaint must include an Assistant District Attorney's signature and the reasons for disapproval.

A disapproval of a private criminal complaint shall require the signature of an Assistant District Attorney and shall set forth the reasons for the disapproval.

WARNINGCriminal cases

Applies to

Bail decision

When departing from the Bail Guidelines, magistrates must indicate the reasons in writing.

In a proper case, Arraignment Court Magistrates may depart from the Bail Guidelines and fix bail in an amount higher or lower than indicated in the Guideline Matrix; provided, however, that in such case the reason(s) shall be indicated in writing by the Magistrates.

WARNING

Applies to

Complaint

Complaints against a minor defendant must be accompanied by a Designation of Guardian Notice.

Where the defendant is designated a minor in the original caption of the action, also accompanying the service copy of the complaint will be a "Designation of Guardian Notice" in the form approved by the Municipal Court and provided by the Municipal Court Administrator. The "Designation of Guardian Notice" shall be filed with the Court and served upon every other party.

WARNINGCivil cases

Applies to

Pleading

Pleadings claiming sum-certain money damages must state the precise amount and any interest dates.

Whenever money damages in a sum certain are claimed, the pleading shall state the precise amount, and the date or dates from which any interest thereon is claimed.

WARNINGCivil cases

Applies to

Petition for allowance

A petition for an allowance from a minor's estate must set forth detailed information about the guardian, the minor, the estate, prior allowances, and financial needs.

A petition for an allowance from a minor's estate, for the maintenance, support or education of the minor, the minor's spouse or children, shall set forth: (a) the manner of the guardian's appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate; (b) the age and residence of the minor; whether the minor's parents are living; the name of the person with whom the minor resides; and, if married, the name and age of the minor's spouse and children; (c) the value of the minor's estate, real and personal, and the net annual income; (d) the circumstances of the minor, whether employed or attending school; if the minor's mother or father, or other person charged with the duty of supporting the minor, is living, the financial condition and income of such person and why such person is not discharging his or her duty to support the minor; and whether there is adequate provision for the support and education of the minor, or the minor's spouse and children; (e) the date and amount of any previous allowance by the Court, and the name of the Judge who granted it; (f) ) the financial requirements of the minor and the minor's family unit, in detail, and the circumstances making such allowance necessary; and (g) if the petition is presented by someone other than the guardian, that demand was made upon the guardian to act, and the reason, if any, given by the guardian for the guardian's failure to do so.

WARNINGCivil cases

Applies to

Stipulation

Judicial approval is required for stipulations relating to settlement as to less than all defendants, return of deposited money, transfer of action, late joinder of additional defendants, or waiver of local rule requirements.

Judicial approval of stipulations of counsel is not required except for stipulations relating to the following matters: (1) The settlement, discontinuance and ending of an action as to less than all defendants; (2) The return of money deposited with the Court; (3) The transfer of an action to another Court or jurisdiction; (4) Late joinder of additional defendants; and (5) Waiver of the requirements of a local rule.

WARNINGCivil cases

Applies to

Objections spreadsheet

Petitioner must provide a digital spreadsheet of the objections and a code key via email or portable storage device.

In addition, Petitioner must provide a digital version of the objections in spreadsheet format together with a key to the codes used in the spreadsheet, either by electronic mail or by on a digital media device (USB Flash drive or Memory stick).

WARNING

Applies to

Return of service

Writ servers must use forms approved by the Municipal Court when making returns of service.

a. Writ servers shall make returns of service on the forms approved by the Municipal Court.

WARNINGCivil cases

Applies to

Active status certificate

The Active Status Certificate must be substantially in the form attached to the Rule and must certify the case is active.

either party or counsel files an Active Status Certificate, substantially in the Form attached hereto, with the Arbitration Center certifying that the case is active.

WARNINGCivil cases

Applies to

Petition to transfer from major to arbitration

After six months from commencement, a transfer from a major case to compulsory arbitration requires filing a petition to Transfer from Major to Arbitration with the Office of Judicial Records and the Motion Court.

When a case is initially filed as a major case and, after the expiration of six months of the commencement date of the action, any party desires to transfer the case to compulsory arbitration, a petition must be filed with the Office of Judicial Records and the Motion Court to Transfer from Major to Arbitration.

WARNINGCivil cases

Applies to

Petition to set aside nomination petition

I, , hereby verify that the facts contained in the within Petition are true and correct to the best of my knowledge or information and belief. I understand that the statements made herein are made subject to the provisions of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

I, , hereby verify that the facts contained in the within Petition are true and correct to the best of my knowledge or information and belief. I understand that the statements made herein are made subject to the provisions of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

WARNINGCivil cases

Applies to

Affidavit of service

The Affidavit of Service must be in the format attached below.

The Affidavit of Service shall be in the format attached below;

WARNINGCivil cases

Applies to

Affidavit

Attorneys may not take or attest affidavits of parties they represent; affidavits taken in violation are treated as null.

Attorneys holding commissions as notaries public, or who are otherwise authorized to administer oaths, shall not take or attest the affidavit of any party represented by them, and all affidavits taken in violation of this rule will be treated as null.

WARNING

Applies to

Counterclaim

Counterclaims, cross claims, and additional claims must be filed on the complaint forms approved by the Municipal Court Administrator and provided by the Court, with an exception for claims in the amount of $2000 or [text truncated].

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, cross claim or additional claim is in the amount of $2000 or

WARNINGCivil cases

Applies to

Petition

Petitions involving an incapacitated person must be appropriately modified per Pa.R.C.P. No. 2051 et seq. and Phila.Civ.R. 2064.

In the event the Petition involves an Incapacitated Person, appropriate changes are to be made. See Pa.R.C.P. No. 2051, et seq. and Phila, Civ. R. 2064.

WARNINGCivil cases

Applies to

Petition

Must include

proposed order

A petition for a special service order must be filed, and the proposed order must specify the address for service by regular mail.

A petition seeking such relief shall be filed with the Court requesting entry of a special order for service. The proposed order accompanying such Petition shall set forth the specific address at which counsel or unrepresented party will serve process on the defendant by regular mail.

WARNINGCivil cases

Applies to

Praecipe to change address

To change a defendant's docket address, plaintiff's counsel must file a praecipe with the Office of Judicial Records stating where service was effectuated, how the new address was discovered, and the amended address, signed with counsel's name, address, and ID.

Service on the Defendant having been effectuated at _____________________, in ________________________, Pennsylvania, and Plaintiff’s counsel having established this to be the current address of Defendant by ____________(how new address discovered), ___________________________________________________amend defendant’s address on the docket as follows:___________________________________________________,

WARNINGCivil cases

Applies to

Response

may attach any document, pleading or item not attached by the moving party, and shall include a brief or memorandum of law;

may attach any document, pleading or item not attached by the moving party, and shall include a brief or memorandum of law;

WARNINGCivil cases

Applies to

Notice of filing schedule court

The notice of the filing of a schedule of distribution must state the filing date, how to obtain a copy of the schedule, and that objections must be electronically filed within 20 days or the Court may approve the schedule as unopposed.

The notice shall state the date of filing, that a copy of the schedule of distribution accompanies the notice or will be sent upon request, and that any party who objects to the schedule of distribution must electronically file objections within twenty (20) days of the filing of the schedule of distribution under penalty that the Court may otherwise assume that there is no objection and may approve the schedule of distribution as filed.

WARNINGCivil cases

Applies to

Petition

The Petition must clearly and separately state any challenges beyond signature lines, such as challenges to circulator or candidate affidavits.

Any other challenges, e.g., to circulator affidavits, candidate affidavits, etc., must be clearly and separately stated in the Petition.

WARNING

Applies to

Court business agreement

Agreements of adverse parties and attorneys about court business must be in writing or recorded before a judge.

Agreements of adverse parties and attorneys relating to the business of the court shall be in writing unless recorded before a judge of the Court.

WARNINGCivil cases

Applies to

Petition for allowance of counsel fee

A petition for allowance of counsel fee must state the guardian's views on fee reasonableness and attach a detailed statement of counsel's services.

A petition for the allowance of counsel fee shall set forth the views of the guardian with respect to the reasonableness of the fee and contain sufficient facts to enable the Court to pass judgment on the matter. The following exhibits shall be attached to the petition: (a) a statement of counsel setting forth in detail the nature and extent of the services performed;

WARNINGCivil cases

Applies to

Short form joinder complaint

A Short Form Joinder Complaint must identify each additional defendant and the capacity in which each is being joined.

(2) Joinder of additional defendants shall be by means of a Short Form Joinder Complaint which shall consist of the following information: (a) Identification of each additional defendant, including the capacity in which each additional defendant is being joined.

WARNINGCivil cases

Applies to

Tenant supersedeas affidavit non section 8

The Non-Section 8 Tenant's Supersedeas Affidavit must include a verification statement subject to penalties under 18 Pa.C.S. §4904.

I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.

WARNINGCivil cases

(9) If appropriate, the date of death, the authority of the named plaintiff to bring the suit and the persons entitled to recover under the relevant statutes; and (10) If appropriate, any unusual allegations or jurisdictional statements specific to the particular case, which are not included in the Master Long Form Complaint.

(9) If appropriate, the date of death, the authority of the named plaintiff to bring the suit and the persons entitled to recover under the relevant statutes; and (10) If appropriate, any unusual allegations or jurisdictional statements specific to the particular case, which are not included in the Master Long Form Complaint.

WARNINGCivil cases

Applies to

Writ of summons or complaint

A plaintiff may request deferred arbitration status by inserting the request and code number on the Civil Cover Sheet and first page of the Writ or Complaint, which prevents assignment of a hearing date.

If the plaintiff requests that the case be placed on a “Deferred” status, the request and code number, if any, shall be inserted by plaintiff on the Civil Cover Sheet and on the first page of the Writ of Summons or Complaint. The Office of Judicial Records shall not assign an Arbitration Hearing date and the case shall be placed on Deferred Status.

WARNING

Applies to

Affidavit

For a written factual statement to qualify as an affidavit, it must be signed by the declarant and either be sworn to before an authorized officer or contain an unsworn statement made subject to the penalties of 18 Pa.C.S. §4904.

Affidavit—A statement in writing of a fact or facts, signed by the person making it, that either (1) is sworn to or affirmed before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer certified to in the case of an officer under his seal of office, (2) is unsworn and contains a statement that it is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.

WARNINGCivil cases

Applies to

Short form joinder complaint

A copy of the plaintiff's complaint or Short Form Complaint must be attached to each Short Form Joinder Complaint.

(3) A copy of the plaintiff's complaint or Short Form Complaint shall be attached to the Short Form Joinder Complaint.

WARNINGCivil cases

Applies to

Affidavit

The affidavit must attach a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

WARNINGCivil cases

Applies to

E filed legal paper

A signed and, when required, verified hard copy must exist before e-filing, and the filing party must retain it.

A hard copy of the legal paper shall be signed and, as required, verified prior to the electronic filing of the legal paper, and the filing party shall retain such hard copy as required by Pa. O.C. Rule 4.7(c).

WARNINGCivil cases

Applies to

Order approving settlement

Each minor plaintiff's share of settlement proceeds must be distributed separately.

The share of each minor Plaintiff shall be separately distributed.

WARNING

Applies to

Affidavit of service

The Affidavit of Service must set forth the client's current address.

he/she shall set forth in the Affidavit of Service the client's current address.

WARNINGCivil cases

Applies to

Notice to defend

Notice to Defend must designate the named Philadelphia Bar Association legal referral agency and be provided in Spanish.

(A) The agency to be contacted for legal help as provided in Pa.R.C.P. 1018.1(b) is: Philadelphia Bar Association Lawyer Referral and Information Service One Reading Center Philadelphia, Pennsylvania 19107 Telephone (215) 238-1701 (B) The notice required shall also be given in Spanish. The Spanish version is as follows: See www.courts.phila.gov/forms for the current version of the Notice to Defend.

WARNING

Applies to

Petition for return of confiscated property

A Petition For Return of Confiscated Property must contain eight specified elements including property description, confiscation details, ownership, cost, reasons for possession, licensing documentation, and claimant signature and verification.

A claimant of property shall file a Petition For Return of Confiscated Property containing the following: 1. A description of the property confiscated. 2. A statement of the time and place where confiscated. 3. The owner, if known. 4. The person or persons in possession at the time of confiscation, if known. 5. The cost of the property. 6. The reason(s) why the property was carried or possessed within a building where Municipal Court courtrooms are situated. 7. Documentation, if any, that the person(s) in possession of the property at the time of confiscation was licensed or otherwise permitted to carry or possess such property within a building where Municipal courtrooms are situated. 8. Signature and verification of the claimant.

WARNING

Applies to

Petition for waiver of transcript costs

In matters not under appeal where the transcript is not necessary to advance litigation, a party must file a Petition for Waiver of Transcript Costs and demonstrate reasonable need to obtain a waiver or reduction.

In matters not under appeal, where the transcript is not necessary to advance the litigation: the requesting party must file a Petition for Waiver of Transcript Costs and must demonstrate reasonable need before the court shall waive or reduce the cost of obtaining the transcript.

WARNINGCivil cases

Applies to

Bill of costs

Bill of costs must itemize claimed costs.

A bill of costs shall itemize those costs claimed to be due.

WARNINGCivil cases

Applies to

Petition by trustee

(b) A petition by a trustee shall set forth the following information: (i) ) how title was acquired; (ii) a recital of the relevant provisions of the will, trust agreement, deed or other relevant instrument pertaining to the real property to be sold; (iii) estimated value of all assets currently held in trust; and (iv) ame information required under paragraph (a)(iv) through (x) in a petition by a personal representative.

(b) A petition by a trustee shall set forth the following information: (i) ) how title was acquired; (ii) a recital of the relevant provisions of the will, trust agreement, deed or other relevant instrument pertaining to the real property to be sold; (iii) estimated value of all assets currently held in trust; and (iv) ame information required under paragraph (a)(iv) through (x) in a petition by a personal representative.

WARNINGCivil cases

Applies to

Petition to convey or mortgage minors real property

A petition to convey or mortgage a minor's real property must conform to the rules governing sale or mortgage of real property by a guardian.

The petition shall conform to the requirements of the Rules governing the sale or mortgage of real property by a guardian.

WARNINGCivil cases

Applies to

Response

(2) the non-moving parties shall file a response within twenty (20) days of the service of the motion, may attach any document, pleading or item not attached by the moving party, and shall include a brief or memorandum of law as provided in Phila.Civ.R. *210,

(2) the non-moving parties shall file a response within twenty (20) days of the service of the motion, may attach any document, pleading or item not attached by the moving party, and shall include a brief or memorandum of law as provided in Phila.Civ.R. *210,

WARNINGCivil cases

Applies to

Notice statement for corp petition

The filing must include a statement of the method and date of notice given to all interested parties, or an averment with certification submitted at the audit, and the notice itself and list of names/addresses must be appended when notice has been given or submitted at audit when notice is pending.

(g) ) a statement of the method and date of giving notice to all interested parties of the filing of the account and the Petition for Adjudication/Statement of Proposed Distribution and of the time of the audit, or alternatively, an averment that such notice shall be given and a certification thereof shall be submitted at the audit as hereinafter set forth. In those instances where notice has been given, a copy of said notice, as well as the names and addresses of the parties notified, shall be appended to the Petition for Adjudication/Statement of Proposed Distribution. In those instances where notice is yet to be given, a copy of said notice, as well as the names and addresses of the parties notified, shall be submitted to the Court at audit, together with a statement executed by the accountant or the accountant's counsel certifying that notice has been given.

WARNINGCivil cases

Applies to

Order approving settlement

The Order Approving Settlement must allocate settlement proceeds to minor plaintiffs (identified by name, DOB, and SS#) and adult plaintiffs, and must order distribution of the proceeds.

IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as follows: 1. To: Minor Plaintiff(s) ... 2. To: Adult Plaintiff(s) ... IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed as follows: 1. Minor Plaintiff ...

WARNINGCivil cases

Applies to

Letter of no objection

A Letter of No Objection from counsel for the Pennsylvania Department of Human Services must be filed with special-needs trust accounts.

(b) Letter of No Objection from counsel for the Pennsylvania Department of Human Services;

WARNING

Applies to

Affidavit of service

Affidavits of service must state the time, place, and manner of service in enough detail for the court to decide whether service was proper.

c. Affidavits of service shall state the time, place and manner of service with sufficient particularity to enable the court to determine whether or not proper service has been made.

WARNING

Applies to

Entry of appearance

Upon reinstatement, the formerly admitted attorney must file a new entry of appearance in every case where he/she will serve as attorney of record.

In the event the said formerly admitted attorney is reinstated, a new entry of appearance shall be filed in every case in which he/she will be the attorney of record.

WARNINGCivil cases

Applies to

Consent of guardian

The Consent of Guardian form must include the guardian's affirmation, under penalty of law, that they have not been convicted of or pleaded guilty or no contest to any crime involving fraud, deceit, or financial misconduct.

Further, subject to penalty of law under 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities, I affirm that I have not been convicted of or pleaded guilty or no contest to any crime involving fraud, deceit, and/or financial misconduct.

WARNINGCivil cases

Applies to

Order to show cause

The Order to Show Cause must be in the format attached below the Order.

The Order to Show Cause shall be in the format attached below.

WARNINGCivil cases

Applies to

Testamentary writings

Certified copies of all testamentary writings must be submitted to the Hearing Judge within 30 days of the guardian's appointment or within 30 days of discovery.

(4) Testamentary Writings. A copy of all testamentary writings of the incapacitated person found by the guardian, or in the possession of any other person, certified to be true and correct, shall be submitted by the guardian or such other person to the Hearing Judge for inspection within thirty (30) days of such guardian’s appointment, or within thirty (30) days when such testamentary writing(s) is subsequently discovered.

WARNINGCivil cases

Applies to

Petition

Must include

caption

If the petition is filed in the Orphans' Court Division, the caption must comply with Pa.O.C. 3.2.

In the event the Petition is filed in the Orphans' Court Division, the caption must comply with Pa.O.C. 3.2.

WARNINGCivil cases

Applies to

Information request form

A separate form and separate payment are required for each individual for whom information is requested.

A separate Form accompanied by a separate payment shall be used for each individual for whom information is requested.