Philadelphia Court of Common Pleas Service and Proof of Service Rules

WARNING

Applies to

Other filing

Other filings, excluding writs of execution, must be served promptly on every other party by leaving or mailing a copy to the address on the last filing or attorney's record, or the party's residence, place of business, or last service address.

D. Except as provided in Section E below, other filings, except writs of execution, shall be served promptly upon every other party by 1. leaving or mailing a copy to / to the address endorsed on the last filing of a party or the party’s attorney of record, but if there is no such address, then by leaving or mailing a copy to the party’s residence, place of business or the last service address.

WARNINGCivil cases

Service

Publication

Assignees for the benefit of creditors and receivers must notify every known creditor and party in interest and publish notice once a week for three successive weeks.

Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment to every creditor and party in interest of whom they have knowledge, and shall also publish notice thereof once a week for three successive weeks.

WARNINGCivil cases

In subrogation cases where the defendant does not appear, a plaintiff's sworn statement is admissible in lieu of live testimony only if it was forwarded to the defendant or defendant's counsel at least 20 days before the arbitration hearing.

The sworn statement shall be admitted into evidence only if it has been forwarded to the defendant or defendant’s counsel at least 20 days prior to the arbitration hearing.

WARNINGCivil cases

Court-appointed auditors, masters, and amici must give written notice of the appointment and first hearing to all persons who have appeared of record and to others as directed.

The Court appointed auditor, master, or amicus curiae shall give written notice of such appointment and of the time and place of such appointee's first hearing to all persons who have appeared of record, and to such other persons and in such manner as the Court may direct.

WARNINGCivil cases

Applies to

Notice

Service

Mail

The attorney must mail the notice to each named beneficiary and certify the mailing date on the notice.

I hereby certify that the within Notice has been mailed to the above named individual(s) on the date set forth above.

WARNINGCivil cases

Service

Publication to all parties

The Clerk must give notice of accounts and audit lists by newspaper advertising for two consecutive weeks and by posting copies of the audit lists in the Clerk's office.

The Clerk shall give notice of all accounts and of the time and place of the call of the audit list by: (1) advertising once a week for two (2) successive weeks in The Legal Intelligencer and in one (1) Philadelphia daily newspaper of general circulation; and (2) posting copies of the audit lists in the office of the Clerk.

WARNINGCivil cases

Applies to

Examination report

Copies of Physical or Mental Examination Reports of parties required to be made available to opposing parties under Pa.R.C.P. 4010(b) shall be served upon the examined party’s attorney within twenty (20) days, and immediately upon receipt thereof.

Copies of Physical or Mental Examination Reports of parties required to be made available to opposing parties under Pa.R.C.P. 4010(b) shall be served upon the examined party’s attorney within twenty (20) days, and immediately upon receipt thereof.

WARNINGCivil cases

Notice of a petition for allowance must be given to the guardian, all interested parties, and any other persons the Court directs.

Notice shall be given to the guardian, to all interested parties, and to such other persons as the Court may direct.

WARNINGCivil cases

Notice of a public-sale petition must be given to any interested party who has not joined in the petition or consented to the sale.

(3) Notice of Petition for Public Sale. Any interested party who does not join in the petition or consent to the sale shall receive notice of the filing of the petition in accordance with Pa. O.C. Rule 3.5.

WARNINGCriminal cases

Service

Electronic service

The Criminal Electronic Filing System automatically serves registered attorneys and authorized self-represented parties when a document is filed electronically.

Service of electronic filings on attorneys who have established an account and on parties without counsel who have been authorized will be made automatically by the Criminal Electronic Filing System.

WARNING

Until new counsel enters an appearance, R.C.P. 236 notices must be forwarded to the party's last address of record.

All further notices sent pursuant to Pa. R.C.P. No. 236 shall be forwarded to the party's last address of record until such time as a new attorney enters an appearance on behalf of that party.

WARNINGCivil cases

The motion and brief must be served on all other parties as required by Pa. O.C. Rule 4.3.

and a brief or memorandum of law, which shall be served on all other parties as required by Pa. O.C. Rule 4.3;

WARNINGCivil cases

Applies to

Petition for review

The party filing a Petition for Review must forthwith serve the petition and Notice of Hearing on the Mental Health Review Officer and all other interested parties, by hand-delivery or facsimile.

The party filing the Petition for Review must forthwith serve a copy of the Petition and Notice of Hearing on the Mental Health Review Officer and all other interested parties. Service may be effectuated by hand-delivery or via facsimile.

WARNING

Applies to

Petition

All Municipal Court petitions (except cases captioned “CE”) must be served like original process under Rule 111(A) and (C).

E. All petitions filed in the Philadelphia Municipal Court, except in cases captioned “CE,” shall be served in the same manner as service of an original process under subsections (A) and (C) of this rule.

WARNINGCivil cases

Service

Mail

Service by ordinary mail requires a court order upon good cause shown.

Upon good cause shown, the Court may enter a special order directing service by ordinary mail directed to defendant's last known residence or other address.

WARNING

Service

Mail

The Municipal Court Administrator must promptly mail notice of judgment entry by regular mail to parties who failed to appear at trial.

Written notice of the entry of judgment shall be mailed promptly, by regular mail, by the Municipal Court Administrator to any person who failed to appear at the trial in person or by counsel, but the failure of any party to receive such notice shall not constitute ground for relief from judgment.

WARNING

Pleadings or legal papers that must be served by original process are not electronically served.

If service of the pleading or legal paper must be made by original process, the pleading or legal paper will not be electronically served, as provided by Pa.R.Civ.P. 205.4(g)(1)(ii).

WARNINGCivil cases

Auditors, masters, and amici must give 30 days' notice to parties or counsel before filing their report and provide a copy of the report with the notice.

Auditors, masters and amicus curiae with the powers of a master shall give thirty (30) days notice prior to the filing of the report to all interested parties or their counsel with the same information as required in the notice for filing an account, as provided in Pa. O.C. Rule 2.5. A copy of the report shall also be provided at the time notice is given.

WARNINGCivil cases

Applies to

Motion for summary judgment

The summary judgment motion, exhibits, and brief must be served on the adverse party per Pa. O.C. Rule 4.3.

The summary judgment motion, exhibits and brief or memorandum of law must be served on the party or parties against whom summary judgment is requested, as provided in Pa. O.C. Rule 4.3.

WARNING

Service

Mail

When service is made by mail, the return of service must be by affidavit under Pa.R.C.P. 405.

(3) A return of service by mail shall be by affidavit in accordance with Pa.R.C.P. 405.

WARNINGCivil cases

Service

Mail

Good cause for service by mail is established by filing an affidavit detailing unsuccessful service efforts or a good faith investigation.

The requirements of good cause shall be satisfied upon the filing of an affidavit by plaintiff setting forth the extent of unsuccessful efforts to make service if the address is known, or the nature and extent of a good faith investigation made to ascertain the present residence and whereabouts of a defendant whose whereabouts are unknown.

WARNINGCivil cases

Deadline

48 hours

The sheriff must give both parties at least 48 hours' notice of the time and place of an appraisement of exempt property, and the parties and their attorneys may be present.

It shall be the duty of the Sheriff to give to both parties at least forty-eight (48) hours' notice of the time and place when he will make an appraisement of property which the defendant claims the right to retain as the exemption allowed him by law, and the parties and their attorneys shall have the right to be present when the appraisement is made.

WARNINGCivil cases

Service

Publication to all parties

Notice of a public sale must identify the time, place, and property, and be given by legal publication at least 20 days before sale, by newspaper, by posting, and directly to interested parties at least 20 days before sale.

(5) Notice of Public Sale. Notice and advertisement of the public sale of real property shall specify the time and place of the proposed sale, clearly identify the property by street address or other adequate description, and be given: (a) by advertisement in the legal publication, if any, designated by Rule of Court of that county for publication of notices, the publication to be made not less than twenty (20) days before the date of sale; (b) as ordered by the Court, by advertisement in a newspaper of general circulation in each county wherein any portion of the real estate is located; (c) by posting a notice at a conspicuous place on the premises; and (d) at least twenty (20) days prior to sale, by notice to each interested party by service on the attorney appearing of record for such party, or if there is no such attorney, by personal service or, if the party's residence is known, by delivery at such residence or by mail.

WARNINGCivil cases

Applies to

Miscellaneous arbitration application

Before filing a Miscellaneous Arbitration Application, a copy must be mailed, delivered, or faxed to opposing counsel and unrepresented parties, who may respond prior to the filing date.

Before filing the Miscellaneous Arbitration Application with the Arbitration Center, a copy of the Application must be mailed/delivered/faxed to opposing counsel and unrepresented parties who may submit a Response to the Applicant prior to the date the Application may be filed.

WARNINGCivil cases

Notice of a request for allowance must be given to the Veterans' Administration or Commonwealth agency if any portion of the estate was received from it.

If any portion of the incapacitated person’s estate is received from the United States Veterans’ Administration or its successor, or any agency of the Commonwealth, notice of the request for allowance shall be given to such agency.

INFOCivil cases

Service

Electronic service to court

Once the Civil Electronic Filing System is implemented, notice of termination of the supersedeas will be served on the Philadelphia Municipal Court electronically.

upon implementation of the Civil Electronic Filing System as provided in Philadelphia Civil Rule *205.4, notice of the termination of the supersedeas will be served on the Philadelphia Municipal Court electronically by the Civil Electronic Filing System.

INFOCivil cases

The Legal Intelligencer is the designated legal periodical for publication of legal notices in Philadelphia County.

“Legal Periodical” - The Legal Intelligencer shall be the legal periodical for the publication of legal notices in Philadelphia County, whenever publication in a legal periodical is required by Act of Assembly, or by Rule or order of Court.

INFOCivil cases

The Philadelphia Police Department must assist in serving the petition and emergency order on the defendant.

The Philadelphia Police Department shall assist the plaintiff or any other competent adult in serving the petition and emergency order on the defendant.

INFOCivil cases

Applies to

Notice

Notice to an absentee or presumed decedent must be served in the manner an Act of Assembly provides, or otherwise as the Court specially orders.

Whenever notice is to be given to an absentee or a presumed decedent, it shall be given in the manner provided by Act of Assembly, or, in the absence thereof, in such manner as the Court by special order shall direct.

INFOCivil cases

Applies to

Order

Service

Court service to all parties

The Order shall be docketed and served on all interested parties by the Office of Judicial Records.

The Order shall be docketed and served on all interested parties by the Office of Judicial Records.

INFOCivil cases

A shorter service period may be permitted for petitions to appoint an emergency guardian.

A shorter time period for service may be permitted in connection with petitions for the appointment of an emergency guardian.

INFOCivil cases

The Guardianship Tracking System is designated by the Court to provide the required notices to the Guardian.

(2) The Guardianship Tracking System is designated by the Court to provide the notices to the Guardian required by Pa. O.C. Rule 14.8(f).

INFOCivil cases

Applies to

Order

Service

Court service to all parties

Final disposition orders in non-initiated civil matters must be docketed and served on all interested parties by the Clerk of the Orphans' Court Division.

The Order shall be docketed and served on all interested parties by the Clerk of the Orphans' Court Division.

CRITICALCivil cases

A copy of the petition must be served on the intestate heirs of the plaintiff decedent as provided in 20 Pa.C.S. §2101 et seq., per Phila. Civ. R. 2206(E).

Pursuant to Phila. Civ. R. 2206(E) Petitioner has served a copy of this Petition on the intestate heirs of plaintiff decedent (as provided in 20 Pa. C.S. §2101 et seq.) who are as follows:

CRITICALCivil cases

Deadline

72 hours

Service

Other

Eminent-domain preliminary objections must be filed with the Office of Records and served on all adverse parties within 72 hours of filing.

Preliminary objections to a declaration under to Section 406 of the State Code, or to a petition for appointment of viewers alleging a de facto taking or other compensable injury pursuant to Section 502(e) of the same Governing Code, shall be filed jointly with the Office of Judicial Records and, within 72 hours of filing, shall be served upon all adverse parties.

CRITICALCivil cases

Notice of the institution of the action must be given to the identified individuals as required by Pa.R.C.P. 2205 and Phila. Civ. R. 2206(E).

Notice of the institution of the action as required by Pa. R.C.P. 2205 and Philadelphia Civ. R. 2206(E) was given on _______________________ to the following individuals:

CRITICALCivil cases

Deadline

48 hours

On transferring a case to arbitration within six months, plaintiff must serve notice of the arbitration hearing date on all counsel and unrepresented parties within 48 hours of receiving the scheduling order and file an Affidavit of Service with the Office of Judicial Records.

Plaintiff must serve notice of the arbitration hearing date upon all counsel of record and any unrepresented parties within 48 hours after receipt of the order from the court of law and in the case of a seizure, and shall file a Certificate of Service with the Office of Judicial Records.

WARNINGCivil cases

If all interested parties do not voluntarily appear as petitioners or respondents, a citation will be granted that will be directed to all parties who have not yet appeared, under 20 Pa.C.S. § 8304.

Whereas the party does not want ... IF all parties having an interest do not voluntarily appear as petitioners or respondents, a citation will be granted, directed to all parties who have not appeared, as enforced by 20 Pa.C.S. § 8304.

WARNINGCriminal cases

Deadline

10 business days

Criminal defendants must maintain a current service address and update any change within 10 business days via the Office of Court Compliance.

Beginning at the preliminary arraignment and continuing until final disposition of the case, the defendant shall provide a current address which service of all notices may be made. Defendant shall update any change of address within ten (10) business days of the defendant's move by contacting the Office of Court Compliance, Room 370 City Hall, Philadelphia, PA 19107 or by email at OCC@courts.phila.gov.

WARNING

A written venue objection must be properly served on all parties at least 10 days before the first trial listing, with verification of service filed, and the objecting party may omit trial that.

Provided that objection to venue is properly served on all parties at least 10 days prior to execution and appropriate verification of service, the filing is with the trial, the motion and the party are Nevertheless, the filing was filed with the court.

WARNINGCriminal cases

Subpoenas directed to the First Judicial District or its employees must be served on the designated agent, the Deputy Court Administrator for Legal Services.

All subpoenas directed to the First Judicial District or any of its employees shall be served on the Deputy Court Administrator for Legal Services, Room 370 City Hall, Philadelphia, PA who has been designated as the agent for acceptance of service of process and subpoenas directed to the First Judicial District or any of its employees.