Court of Common Pleas of Potter County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Document Limits

Adjournments
- Mediation may be continued once by all parties’ agreement at least 10 days before the scheduled date; the requesting party must notify the mediator in writing, and a court must decide a continuance if the parties fail to agree more than 10 days beforehand.
- A continuance based on a litigant not being ready for trial will not be granted unless the Court receives notice of that unreadiness within 10 days after the case is listed.
- An application to continue the pre-trial conference must be made by motion addressed to the court.
- A continuance must be requested by written motion, with notice to opposing counsel or pro se parties and a statement of whether the parties and/or counsel agree; the motion may be summarily denied absent that information, and continuances are granted only for good cause.
- A party seeking to continue a covered inactive criminal proceeding must show good cause at the general call or the proceeding will be dismissed.
Request must include

Communication
Phone
Phone
Fax
Fax
Page & Word Limits1 rule
Except by prior permission of the Court, briefs (exclusive of pages containing the table of contents, table of citations and any addendum containing opinions, etc., or other similar supplementary matter) shall not exceed twenty-five (25) pages of double-spaced conventional typographical printing. This Rule shall not apply to briefs on post-trial motions. Non-conforming briefs will not be considered unless an exemption was granted by the Court prior to submission.
- Brief
- Up to 25 pages
- Format
- Double-spaced
Excluded from page count
- •Table of contents
Document Format Requirements10 rules
These non-documentary exhibits which are not retained must be photographed by the proponent, converted to a letter sized document (8 1/2 x 11), and appropriately marked and produced during the court proceeding for inclusion in the documentary record. Photographs must be in color unless otherwise directed by the Court.
- Paper size
- Letter
(f) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record on a Universal Serial Bus (USB) flash drive (or other format if expressly approved by the court). If one party has multiple digital exhibits, they may be submitted together on one USB flash drive.
Papers covered by Rule L205.2(a) must be prepared for flat filing on letter-sized paper and bound at the top, not the side.
- Paper size
- Letter
Court's wording
(a) All papers filed with the Prothonotary in an action at law or in equity and in other matters designated shall be prepared for flat filing and shall be on letter-sized paper, 8½” x 11”. (b) All papers described in (a) above shall be bound at the top, not the side, so that they may be assembled with other papers in the case in a top bound file cover.
(a) All notices shall be in writing.
The new portion of an amended pleading must be underlined.
Court's wording
Whenever an amended pleading is filed, such pleading shall be a complete pleading and not merely set forth the amendments to the former pleading. The amended pleading shall clearly indicate that it is an amended pleading, the paragraphs shall be renumbered, and the new portion shall be underlined.
(C) Requests for expedited or rough draft transcripts shall be filed in writing to the Senior Court Reporter at least 10 days prior to the proceeding. Copies of the written request shall be delivered as required by subsection (B). In the event of an emergency, a party may request by oral motion a daily, expedited or rough draft transcript.
The proponent (party that moved exhibit into evidence) shall assure that document evidence is in a format, including size and material, that is compatible with being filed and easily stored by the records office.
The Commonwealth shall structure the list of cases in order of priority with the most pressing cases listed first.
Within fifteen (15) calendar days after the meeting, the ADA Coordinator or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
Within fifteen (15) calendar days of the meeting, the ADA Coordinator or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio.
Document Filing Requirements80 rules
(A) All requests for transcripts shall be set forth on a standardized form provided by the Senior Court Reporter.
(C) Requests for expedited or rough draft transcripts shall be filed in writing to the Senior Court Reporter at least 10 days prior to the proceeding.
The proponent must submit photographs of non-documentary exhibits that are not retained for inclusion in the documentary record during the proceeding.
Court's wording
These non-documentary exhibits which are not retained must be photographed by the proponent, converted to a letter sized document (8 1/2 x 11), and appropriately marked and produced during the court proceeding for inclusion in the documentary record. Photographs must be in color unless otherwise directed by the Court.
A sole custodian must file submitted documentary exhibits and an index of exhibits, excluding non-documentary exhibits.
- Document
- Exhibit filing
Must include
- •Exhibit list
Court's wording
If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.
The custodian at the conclusion of a proceeding must file all submitted exhibits and their index.
- Document
- Exhibit filing
Must include
- •Exhibit list
Court's wording
The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.
When multiple custodians are involved, each custodian must pass the submitted exhibits and index to the next custodian.
- Document
- Exhibit transfer
Must include
- •Exhibit list
Court's wording
If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits.
(g) Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy § 8.0 shall include a Confidential Document Form or Confidential Information Form so that the document can be properly sealed by the record office.
(f) All motions, petitions, and rules shall contain a certificate of concurrence or non- concurrence from the opposing party counsel or an explanation of why the same cannot be obtained.
(e) Proposed Orders shall be filed with all motions, petitions, and rules as a matter of course.
- Document
- Motion petition rule
Must include
- •Proposed order
Every initial pleading and every first pleading after new counsel begins representation shall have a cover sheet which discloses the identity and addresses of the parties along with the name, address and phone number of counsel representing each party if known in substantially the following form:
Rule to show cause orders shall contain the information required in Pa.R.Civ.P. 206.6 (c)(1),(2),(3) and (6).
Motions other than continuance motions must include a statement of authority, which may be filed as a contemporaneous brief or memorandum or, for routine noncomplex motions, included in the motion.
Court's wording
All motions, except motions for continuances, shall be supported by a statement of authority citing a statute, rule of court or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the motion; or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.
A motion must include or attach a certification stating whether the movant conferred or attempted to confer with interested parties and indicating their positions.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
The movant or his/her counsel shall include in or attach to his/her motion a certification that the movant or his/her counsel has conferred, or attempted to confer, with all interested parties to ascertain their position on the motion (contested, uncontested or no position). The ascertained position shall be indicated in the certification.
If evidence is to be received in support of the filing, the proponent shall express the same and advise how much time should be allocated for the matter.
Every motion must include a proposed scheduling order and Court Administrator information estimating the total time needed for the hearing.
Court's wording
(e) All motions must contain a proposed scheduling order and information for the Court Administrator. The information for the Court Administrator must contain an estimate of the total amount of time needed to complete the hearing as stipulated in Local Rule L307.
Each party must submit a pre-trial statement to the court and opposing counsel at least seven days before the conference, including a narrative of the facts to be offered at trial and any anticipated unusual evidentiary questions.
- Document
- Pretrial statement
Must include
- •Statement of facts
Court's wording
(e) At least seven (7) days before the date set for the pre-trial conference, each party shall submit to the court and opposing counsel a pre-trial statement in accordance with Pa.R.Civ.P. 212.2, to include: (1) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence anticipated with respect to proof of such facts.
(5) The reports of any expert whose opinion will be offered in evidence at the time of trial. Such report shall include the findings and conclusions of the expert.
The pre-trial statement must identify anticipated unusual questions of law and provide supporting authority.
Court's wording
(2) A statement of any unusual questions of law anticipated with respect to the issues in the case. All such questions shall be presented with a statement of authority supporting the position taken with respect to such unusual questions of law.
(3) A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses. The listing of a witness by a party shall impose no liability on the party to call the witness or to procure his attendance at trial.
(8) A copy of any hypothetical questions to be used with regard to the subject except the physical or mental condition of the party, or the cause thereof, together with the name and address of the witness to whom it is to be propounded.
The pre-trial statement must list claimed special damages and include specified supporting details for loss-of-earnings claims, including information for self-employed parties.
Court's wording
(6) A list of all items of special damages which the party intends to prove, including medical bills, property damage bills (or estimates if there are not bills) and loss of earnings. Claims for loss of earnings shall set forth the names of employers, dates of absences and rates of pay. If the party is self-employed, information which forms the basis for the loss of income attributable to the injuries shall be supplied.
(4) Medical reports of any doctor who treated, examined or was consulted in connection with the injuries complained of, and who may be called as a witness.
(10) An estimate of the length of time which will be required to present the party’s case in chief.
(9) A copy of any plan or plot proposed to be introduced into evidence.
(7) Each party’s pre-trial statement shall include an exhibit list and a copy of all exhibits, which shall be pre-marked, that the party may use at trial.
- Document
- Pretrial statement
Must include
- •Exhibit list
Any party seeking a continuance, must do so by written motion
A party seeking a continuance must also prepare and submit a proposed order
- Document
- Continuance motion
Must include
- •Proposed order
2. Once the trial commences, points for charge or jury instructions shall be accepted only by leave of Court as justice shall require.
All affidavits filed or on documents of Record or on documents presented to the Court for any reason will contain a jurat.
If argument on a post-trial or post-hearing motion or petition will refer to testimony, the moving party must include a request for a transcript of the desired testimony.
Court's wording
The moving party in all post-trial and post-hearing motions or petitions shall, if argument thereon is to be with reference to the testimony, include a request for a transcript of the testimony, or such part thereof as the moving party desires to have transcribed for the purposes of such motion in compliance with Local Rule R.J.A. 4001, et seq.
A trial-listing attorney certifies that the case is trial ready, and the Praecipe must state whether all other parties concur in the listing.
Court's wording
To place a case on the trial list, counsel for one or more of the parties in the case shall file a Praecipe to List for Trial. Listing a case for trial constitutes a certification by the listing attorney that the case is in fact trial ready. The Praecipe shall include a statement of concurrence or non-concurrence of the trial listing from all other parties.
In all contested matters, including those requiring hearings and arguments, counsel for the moving party shall give a written, good faith estimate as to the length of each such proceeding to the Court Administrator at the time of listing and shall indicate whether testimony is to be taken and/or whether argument shall be heard.
All civil cases to be tried by either Jury or Judge shall be listed by filing with the Prothonotary a Praecipe to List. The Praecipe shall contain the date on which it is submitted to the Prothonotary and whether Jury or Non-Jury Trial is requested.
A motion seeking authorization for publication service in the stated circumstances must include an affidavit with the required records searches and detailed good-faith efforts to locate the defendant or heirs.
Court's wording
(a) If a defendant is deceased or his identity or whereabouts are unknown and the plaintiff motions the Court for an order authorizing service of publication upon such a defendant, the plaintiff shall attach an affidavit to such motion setting forth the following averments: (1) The plaintiff has caused the records in the offices of the Register and Recorder to be examined to ascertain the date of death of the defendant, whether he died testate or intestate, the names and addresses of all the defendant’s heirs, legatees or devises, and whether or not there has been any adverse conveyance of the real estate that is subject of the suit. (2) The plaintiff has made a good faith effort to locate the whereabouts of the defendant, defendants, or defendant’s heirs, stating in detail the efforts made. An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, (3) examinations of local telephone directories, courthouse records, voter registration records, local tax records, and motor vehicle records, and (4) a reasonable internet search. Note to Pa.R.Civ.P. 430. (2) In the case of a corporation that has been dissolved, the plaintiff has caused the records in the offices of the Register and Recorder to be examined to ascertain whether or not there has been adverse conveyance or distribution of the real estate that is the subject of the suit.
Affidavits of publication shall be filed in the Prothonotary’s office.
A person offering real estate as bond must make an appropriate Prothonotary’s Office entry, pay the customary fees, provide proof of entry and the required valuation and ownership affidavits, and the entry creates a lien up to the bond’s face amount.
Court's wording
(c) If real estate is sought to be presented as bond, the person presenting the same therefore shall cause an appropriate entry to be made in the Prothonotary’s Office, for which he shall pay the Prothonotary customary fees, produce proof of such entry to the Prothonotary together with an affidavit from a good and reliable source to be approved by the Prothonotary setting forth the net value of said property (net value being market value less existing liens of Record) and an affidavit from the purported owners of the real interest owned by them in the subject property. Such an entry shall cause and create a lien on the subject property to the extent of the face amount of the bond.
(a) For all personal property posted as bond, an affidavit of some knowledgeable person acceptable to the Prothonotary shall be presented, duly executed, and setting for the net value of the item or items posted.
Listing a case for trial constitutes a certification by the listing attorney that the case is in fact trial ready.
Counsel shall note in the Motion whether the client and opposing counsel consent to the request.
The appeal shall be scheduled by the Court Administrators for a nonjury trial upon the filing of a Praecipe to List for Trial.
An assessment-appeal petition must attach a copy of the appealed-from order and a proposed preliminary decree containing the specified provisions.
Court's wording
In all cases where an appeal is taken from a real estate assessment fixed by the Board of Assessment Appeals, the petition for allowance of appeal shall have attached to it a photocopy of the appealed-from order of said board and shall have attached to it a proposed preliminary decree which shall provide: 1. that the appeal to court is permitted and said case is to proceed in conformity with the Pennsylvania Rules of Civil Procedure. 2. that within five (5) days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the board, upon the Board of County Commissioners, the governing body of the municipality and the Board of the School Directors of the school district in which the real estate is situate, and upon the property owner, if he/she is not the appellant. 3. that the taxing authorities aforesaid and the property owner, if he/she is not the appellant, be and are hereby entitled to intervene as parties appellee.
If more than one counsel enters their appearance for a party, one such counsel shall be designated as Chief Counsel.
The Praecipe shall include a statement of concurrence or non-concurrence of the trial listing from all other parties.
Except as herein set forth, when counsel ceases to be actively involved in a case, a motion to withdraw shall be filed with a proposed order.
- Document
- Motion to withdraw
Must include
- •Proposed order
The Notice to Defend must name the Office of the Prothonotary as the source of information.
Court's wording
The entity, to be named in the notice to defend, from whom information can be obtained, is: Office of the Prothonotary Potter County Courthouse One East 2nd Street, Room 23 Coudersport, PA 16915 Telephone: 814-274-9740
Should the Court grant leave to withdraw, counsel shall then file a Praecipe to withdraw with the Prothonotary.
An amended pleading must be complete, identify itself as amended, and have renumbered paragraphs.
Court's wording
Whenever an amended pleading is filed, such pleading shall be a complete pleading and not merely set forth the amendments to the former pleading. The amended pleading shall clearly indicate that it is an amended pleading, the paragraphs shall be renumbered, and the new portion shall be underlined.
A healthcare provider’s motion for court-ordered mediation must state the proposed mediation date or timeframe, mediator, location, and any consented-to or provider-proposed terms.
Court's wording
Any motion by a healthcare provider requesting a court ordered mediation shall set forth the following minimum information. 1. The date of the proposed mediation or the time frame during which the mediation will take place. 2. The identity of the proposed mediator 3. The location of the proposed mediation; and 4. Any other terms that have been consented to by the parties or which are being proposed by the moving health care provider.
If the motion has been consented to, such consent shall be noted in the motion and, where possible, written consents from the parties shall be attached.
Any order entered under Pa.R.Civ.P. 1066(b)(1) shall include a description of the property.
(e) Before entering upon their duties, the members of the Board of Arbitrators shall subscribe to an oath to perform their duties and decide the case submitted to them justly and equitably, and with due diligence, which oath shall be filed with their report.
The Report shall be signed by all or a majority of the members of the Board.
Exceptions to an arbitration decision may state only arbitrator misconduct or that corruption or other undue means procured the Board's action.
Court's wording
(n) Any party may file exceptions with the Court from the decision of the Board of Arbitration within twenty (20) days from the filing of the report for either or both of the following reasons and for no other: (1) That the arbitrators engaged in misconduct in the conduct of the case; (2) That the action of the Board was procured by corruption or other undue means.
A person seeking to be excused from in-person mediation must show extraordinary or otherwise unjustifiable hardship and file a motion at least 10 days before mediation.
Court's wording
(e)(4) A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must file a motion with the Court no fewer than 10 days prior to the date set for mediation and must further serve a copy of the motion on all parties and the mediator.
(f) Within 5 days following the conclusion of mediation, the mediator shall file a written report with the Court that includes the caption and case docket number, the date of the mediation, whether any follow-up mediation was scheduled, whether the case was settled in whole or in part and any stipulations reached by the parties.
If agreement is reached before or after mediation, the agreement shall be reduced to a stipulation which shall provide the basis of a Consent Order of Court.
A fee-waiver or reduction application must be written and include appropriate income and financial information.
Court's wording
Litigants who claim they are indigent may apply to the Court for a waiver or reduction of fees, with all such applications to be in writing and complete with appropriate income and financial information.
Attendance will be excused only with Court permission after written application.
Persons filing an adoption or termination of parental rights petition shall, at the time of hearing, submit proposed findings of fact and a proposed decree.
Filing & Service rules
Electronic Filing Rules
PACFile is the exclusive system for electronic filing.
The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web Portal.
Criminal cases
Page 1 | PACFile
The Clerk of Courts must accept and retain paper legal filings and convert them to PDF for the system, except for papers excluded from electronic filing.
Any legal paper submitted for filing to the Clerk of Courts in paper (or ‘hard-copy’) format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of the Court and record retention policies. The Clerk of Court shall convert such hard-copy legal paper to pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.p. 576.1(C) and this rule.
Criminal cases
Page 1 | Legal Papers
All filings must be filed at the Prothonotary’s office on the courthouse’s first floor.
All filings need to be filed at the Prothonotary’s office located on the first floor of the courthouse.
Page 1 | Filings
Facsimile filings are generally not accepted or effective unless followed by an original; rare emergency fax filings require pre-approval and the original must be filed as soon as possible.
(g) Pleadings filed with the Prothonotary by facsimile will generally not be accepted and shall not be effective unless followed by the filing of an original pleading. There may be rare instances where a fax is acceptable due to any emergency situation; however, even in those cases, the original is to be properly filed with the Prothonotary as soon as is possible. Filing by facsimile must be pre-approved by the Court, the Prothonotary/Clerk of Courts, or a Deputy of the Prothonotary/Clerk of Courts. If this emergency procedure is followed the date the facsimile is received shall be the effective filing date.
Page 4 | RULE L205.2(a) — FILING LEGAL PAPERS WITH THE PROTHONOTARY
PACFile is the exclusive system for electronic filing.
The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web Portal.
Page 27 | Rule CR576.1(B) PACFile
Establishing a PACFile account constitutes consent to participate in electronic filing.
Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.
Criminal cases
Page 1 | PACFile
Written motions, answers, notices, and other required or permitted filings may be filed electronically, except for the listed warrant, grand-jury, ex parte, and sealed submissions.
“Legal papers” which may be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, but excluding: (a) applications for search warrants; (b) applications for arrest warrants; (c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment; (d) submissions filed ex parte as authorized by law; and (e) submissions filed or authorized to be filed under seal.
Criminal cases
Page 1 | Legal Papers
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Page 27 | Rule CR576.1(B) PACFile
Eligible electronic legal papers include motions, answers, notices, and other required or permitted documents, but exclude the listed warrant applications, most grand jury materials, authorized ex parte submissions, and sealed submissions.
“Legal papers” which may be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, but excluding: (a) applications for search warrants; (b) applications for arrest warrants; (c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment; (d) submissions filed ex parte as authorized by law; and (e) submissions filed or authorized to be filed under seal.
Page 28 | Rule CR576.1(C) Legal Papers
The Clerk of Courts must accept and retain paper-filed legal papers, convert them to PDF, and add them to the system unless they are excluded from electronic filing.
Any legal paper submitted for filing to the Clerk of Courts in paper (or ‘hard-copy’) format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of the Court and record retention policies. The Clerk of Court shall convert such hard-copy legal paper to pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.p. 576.1(C) and this rule.
Page 28 | Rule CR576.1(C) Legal Papers
Parties who decline or are unable to use PACFile may file legal papers in paper format.
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Criminal cases
Page 1 | PACFile
Electronic filing through PACFile is permitted in Potter County.
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Potter County, the 55th Judicial District, as of April 6, 2017.
Criminal cases
Page 1 | General Scope and Purpose of the Rule
Electronic filing of legal papers through PACFile is permitted in Potter County as of April 6, 2017.
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Potter County, the 55th Judicial District, as of April 6, 2017.
Page 27 | Rule CR576.1(A) General Scope and Purpose of the Rule
Filing Timing and Cure Windows
Expedited or rough draft transcript requests are due at least 10 days before the proceeding.
(C) Requests for expedited or rough draft transcripts shall be filed in writing to the Senior Court Reporter at least 10 days prior to the proceeding.
Page 2 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
The custodian at the conclusion of a proceeding must file all submitted exhibits and their index within five business days after the proceeding concludes.
The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.
Page 2 | Rule 5102. General Provisions.
A sole custodian must file the specified exhibits and index within five business days after the proceeding concludes.
If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.
Page 2 | Rule 5102. General Provisions.
If the response does not satisfactorily resolve the issue, the complainant may appeal within 15 calendar days after receiving it.
If the response to the complaint does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after receipt of the response to Jennifer Saulter, ADA Coordinator.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
A complaint should be submitted as soon as possible and no later than 60 calendar days after the alleged violation.
The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
When the emergency fax procedure is followed, the fax’s receipt date is the effective filing date.
(g) Pleadings filed with the Prothonotary by facsimile will generally not be accepted and shall not be effective unless followed by the filing of an original pleading. There may be rare instances where a fax is acceptable due to any emergency situation; however, even in those cases, the original is to be properly filed with the Prothonotary as soon as is possible. Filing by facsimile must be pre-approved by the Court, the Prothonotary/Clerk of Courts, or a Deputy of the Prothonotary/Clerk of Courts. If this emergency procedure is followed the date the facsimile is received shall be the effective filing date.
Page 4 | RULE L205.2(a) — FILING LEGAL PAPERS WITH THE PROTHONOTARY
If no briefing schedule is in effect, an additional brief beyond the statement of authority is due four days before argument.
If a party reasons it needs to file a brief in addition to any statement of authority provided pursuant to Local Rule L208.2(c), and no briefing schedule is in effect, such a brief shall be due four (4) days before argument.
Page 6 | RULE L208.3(a) — MOTION PROCEDURES
The pre-trial statement must be submitted at least seven days before the date set for the pre-trial conference.
(e) At least seven (7) days before the date set for the pre-trial conference, each party shall submit to the court and opposing counsel a pre-trial statement in accordance with Pa.R.Civ.P. 212.2, to include:
Page 8 | Rule L212.3 — Pre-Trial Conference
Other counsel opposing the trial-listing certification must file their reasons opposing the listing within 10 days after service of the Praecipe.
The party placing a case on the trial list shall forthwith serve a copy of the Praecipe upon all other counsel of record, who, if for any reason oppose such certification, shall within ten (10) days thereafter file their reasons opposing listing.
Page 12 | RULE L309 — TRIAL SESSIONS and TRIAL LIST
Counsel opposing the trial-readiness certification must file their reasons within ten days thereafter.
who, if for any reason oppose such certification, shall within ten (10) days thereafter file their reasons opposing listing.
Page 15 | RULE L512 — BOARD OF ASSESSMENT APPEALS
Briefs on preliminary objections are due at least four days before oral argument, in addition to the deadline under Local Rule L208.2(c).
Upon receipt of the Preliminary Objection the Court Administrator will schedule oral argument by Order. The Order will state the date and time set for argument, along with ordering briefs due at least four (4) days before argument. This briefing deadline is in addition to the requirement detailed in Local Rule L208.2(c).
Page 16 | RULE L1028(c) — PRELIMINARY OBJECTIONS
A party opposing a mediation motion must file objections within ten days after service of the motion.
Any party opposing a Motion for mediation shall file their objections within ten (10) days of service of the Motion.
Page 17 | RULE L1042.21 — PRE-TRIAL PROCEDURE IN MEDICAL PROFESSIONAL LIABILITY ACTIONS; SETTLEMENT CONFERENCE; MEDIATION
Affidavits and supporting documentation must be filed no later than the time of argument.
All affidavits and supporting documentation must be filed at or before the time of argument.
Page 17 | RULE L1035.2(a) — SUMMARY JUDGMENT
The Board must file its report with the Prothonotary within 20 days after the hearing, and the report must contain an award when appropriate.
(j) The Board of Arbitrators shall file a report with the Prothonotary, which shall contain an award in appropriate cases, within twenty (20) days after hearing.
Page 20
A party may file exceptions within 20 days after the report is filed, and may raise only arbitrator misconduct or corruption or other undue means in procuring the Board's action.
(n) Any party may file exceptions with the Court from the decision of the Board of Arbitration within twenty (20) days from the filing of the report for either or both of the following reasons and for no other: (1) That the arbitrators engaged in misconduct in the conduct of the case; (2) That the action of the Board was procured by corruption or other undue means.
Page 20
The mediator must file a written report with the Court within 5 days after mediation, including the case caption and docket number, mediation date, follow-up mediation status, settlement status, and any stipulations.
(f) Within 5 days following the conclusion of mediation, the mediator shall file a written report with the Court that includes the caption and case docket number, the date of the mediation, whether any follow-up mediation was scheduled, whether the case was settled in whole or in part and any stipulations reached by the parties.
Page 22
A motion seeking to excuse in-person mediation attendance must be filed no fewer than 10 days before the scheduled mediation.
(e)(4) A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must file a motion with the Court no fewer than 10 days prior to the date set for mediation and must further serve a copy of the motion on all parties and the mediator.
Page 22
The entry of appearance must be provided to the Magisterial District Judge or filed with the Clerk of Courts before the pending proceeding begins.
(a) An attorney representing a defendant at a preliminary hearing or in a court case shall sign an entry of appearance and provide the same to the Magisterial District Judge or file the same with the Clerk of Courts before the beginning of the pending proceeding.
Page 25 | RULE CR120 — APPEARANCES
The affidavit of value must be submitted forthwith when property is offered for bail.
Any criminal defendant or any person posting bail for said criminal defendant under a bail order set by a judicial officer, when offering up property for bail, shall submit forthwith an affidavit of value by some good and reputable person acceptable to the Magistrate, Judge or Clerk of Court receiving said bail.
Page 25 | RULE CR528 — BAIL
The Commonwealth must provide the Court Administrator with a list of trial-ready cases at least thirty days before jury selection.
The Commonwealth shall provide the Court Administrator with a list of cases which are trial ready at least thirty days prior to jury selection.
Page 28 | Rule CR625 Criminal Trial List
Expedited or rough-draft transcript requests must be filed at least 10 days before the proceeding.
(C) Requests for expedited or rough draft transcripts shall be filed in writing to the Senior Court Reporter at least 10 days prior to the proceeding.
Page 34 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
The ADA Coordinator or designee will meet with the complainant within 15 calendar days after receiving an appeal.
Within fifteen (15) calendar days after receipt of the appeal, the ADA Coordinator or her designee will meet with the complainant to discuss the complaint and possible resolutions.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
The ADA Coordinator or designee will provide a written final resolution within 15 calendar days after the appeal meeting and, where appropriate, in an accessible format.
Within fifteen (15) calendar days after the meeting, the ADA Coordinator or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
The ADA Coordinator or designee will respond in writing within 15 calendar days after the meeting and, where appropriate, use an accessible format.
Within fifteen (15) calendar days of the meeting, the ADA Coordinator or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
Within 15 calendar days after receiving a complaint, the ADA Coordinator or designee will investigate it and meet with the individual in person or by telephone to discuss possible resolutions.
Within fifteen (15) calendar days of receipt of the complaint, the ADA Coordinator or her designee will investigate the complaint, including, meeting with the individual seeking an accommodation, either in person or via telephone, to discuss the complaint and the possible resolutions.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
If a brief is not presented when ordered, the court may refuse to consider a late brief or hear oral argument.
If the brief is not presented to the court when ordered, the court, in its discretion, may refuse to consider a late brief or to hear oral argument.
Page 6 | RULE L208.3(a) — MOTION PROCEDURES
The Prothonotary must immediately date-endorse filed papers, promptly docket them, and promptly forward papers requiring scheduling or judicial response to the court administrator.
(a) The Prothonotary shall immediately endorse all papers filed with the date of such filing, and shall promptly enter into an appropriate docket all pleadings, rules, orders of court and other papers filed in every case. When scheduling or judicial response is necessary, the papers shall be promptly forwarded to the court administrator.
Page 31 | RULE R.J.A.308 — PROTHONOTARY
An application to waive or reduce transcript costs must be filed at the same time as the transcript request.
Any application for waiver or reduction of transcript costs shall be filed contemporaneously with the request for transcript
Page 36 | Rule R.J.A.4008, Transcript Costs
The court may, in its discretion, permit briefs to be submitted after a matter has been heard.
Briefs may also be submitted after a matter is heard in the court’s discretion.
Page 6 | RULE L208.3(a) — MOTION PROCEDURES
Service and Proof of Service Rules
A party requesting an ordinary transcript must serve copies of the formal request on the listed court personnel and the opposing counsel or unrepresented opposing party.
(B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the Potter County Prothonotary's Office for civil matters and the Potter County Clerk of Courts' Office from orphans' court or criminal court matters. The requesting party shall also serve copies of the formal request to: - (1) the judge presiding over the matter; - (2) the court reporter, court recorder, or transcriptionist; - (3) the Senior Court Reporter; - (4) the district court administrator or his or her designee (if not filed with the district court administrator); and - (5) opposing counsel, but if not represented, the opposing party.
Page 1 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
After any balance owed is paid, the transcript's original must be delivered to the specified office and copies to the parties.
(4) upon payment of any balance owed, the court reporter, court recorder or transcriptionist shall deliver the original transcript to the Potter County Prothonotary's Office or Clerk of Courts' Office and copies to the parties.
Page 2 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
Copies of a written request for an expedited or rough draft transcript must be delivered as required by subsection (B).
Copies of the written request shall be delivered - • as required by subsection (B).
Page 2 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Criminal cases
Page 1 | PACFile
Before a motion or petition requesting ex parte action is heard, opposing counsel of record must receive prior notice of its presentation, except in extreme emergencies and routine uncontested matters.
(d) Except for matters of extreme emergency and routine matters that are not contested, no motion or petition requesting ex parte action shall be heard by the court unless prior notice of its presentation has been given to opposing counsel of record.
Page 4 | RULE L205.2(a) — FILING LEGAL PAPERS WITH THE PROTHONOTARY
Each party must submit its pre-trial statement to opposing counsel as well as to the court.
(e) At least seven (7) days before the date set for the pre-trial conference, each party shall submit to the court and opposing counsel a pre-trial statement in accordance with Pa.R.Civ.P. 212.2, to include:
Page 8 | Rule L212.3 — Pre-Trial Conference
The party offering an exhibit to be made part of the record must provide a copy to the Court and opposing counsel.
(g) For each exhibit which shall be made part of the record the party offering the exhibit shall provide a copy of the exhibit to the Court and opposing counsel.
Page 9
At trial, provide the Court with a copy of the pre-marked exhibits and provide the exhibit list to the Court, court reporter, and opposing counsel.
At the time of trial, a copy of the pre-marked exhibits must be provided to the Court and a copy of the exhibits list must be provided to the Court, court reporter, and opposing counsel.
Page 9
A continuance motion must be accompanied by notice to opposing counsel or pro se parties and state whether the parties and/or counsel agree.
Any party seeking a continuance, must do so by written motion and notify opposing counsel or pro se parties and state in the Motion whether the parties and/or counsel agree to the continuance.
Page 10 | CONTINUANCES
The signed continuance order must be appropriately circulated.
A party seeking a continuance must also prepare and submit a proposed order and appropriately circulate the signed order.
Page 10 | CONTINUANCES
Unless an Act, rule, or special court order provides otherwise, process, papers, and notices must be served under Pa.R.Civ.P. 440; service by publication follows Local Rule L440.
(b) Except as otherwise provided by Act of Assembly, rule or special order of court, whenever any process, paper or notice is required to be served upon a party, such service shall be made in accordance with the procedure set forth in Pa.R.Civ.P. 440, unless service is to be made by publication, in which event service shall be made as provided by Local Rule L440.
Page 11 | RULE L306 — NOTICE
The listing party must promptly serve the Praecipe on all other counsel of record.
The party placing a case on the trial list shall forthwith serve a copy of the Praecipe upon all other counsel of record, who, if for any reason oppose such certification, shall within ten (10) days thereafter file their reasons opposing listing.
Page 12 | RULE L309 — TRIAL SESSIONS and TRIAL LIST
Unless the court, law, or a court rule directs otherwise, publication service must run for one week in a newspaper of general circulation in the county.
(b) Unless otherwise directed by the court or required by law or rule of court, service by publication shall be made for one (1) week in a newspaper of general circulation in the county.
Page 13 | RULE L410 — SERVICE – REAL PROPERTY ACTIONS
When publication service is authorized and its manner is not otherwise specified, publish the required notice once in a newspaper of general circulation in Potter County, unless law or court rule requires otherwise.
Whenever service by publication is authorized by law or rule of court and the manner of publication is not otherwise specified, such service shall be made by publishing the required notice one time in a newspaper of general circulation in Potter County, unless otherwise required by law or Rule of Court.
Page 13 | RULE L430 — SERVICE, PETITION, RULES ORDERS AND NOTICES
Counsel must serve court-executed proposed orders on all interested parties and file proof of service with the Court.
Proposed orders submitted by counsel which are executed by the Court shall be returned to counsel for service on all interested parties and proof of service shall be field with the Court.
Page 14 | RULE L430 — SERVICE, PETITION, RULES ORDERS AND NOTICES
Except for initiating process or where an Act or court rule provides otherwise, the filing party must promptly serve each filed paper on all other parties or their attorneys in accordance with Pa.R.Civ.P. 440, and file proof, acceptance, or a certificate of service before the court will consider the matter.
Unless otherwise provided by an Act of Assembly or rule of the court, a copy of each paper filed in any case, other than the writ, complaint, or other process by which an action is commenced, shall be served by the party filing it promptly upon all other parties to the litigation or their attorneys of record. The manner of service shall be in conformity with Pa.R.Civ.P. 440. No matter shall be considered by the court unless there has been filed either a proof of service, acceptance of service or certificate of service.
Page 14 | RULE L430 — SERVICE, PETITION, RULES ORDERS AND NOTICES
The moving party is responsible for serving all scheduling orders on opposing counsel and self-represented litigants.
It is the responsibility of the moving party to serve all scheduling orders upon opposing counsel and pro se litigants.
Page 14 | RULE L430 — SERVICE, PETITION, RULES ORDERS AND NOTICES
The appellant must serve the petition and preliminary decree on the listed taxing authorities and, if applicable, the property owner within five days of the preliminary decree.
that within five (5) days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the board, upon the Board of County Commissioners, the governing body of the municipality and the Board of the School Directors of the school district in which the real estate is situate, and upon the property owner, if he/she is not the appellant.
Page 15 | RULE L512 — BOARD OF ASSESSMENT APPEALS
The client and opposing counsel must receive notice of the motion's filing and the order scheduling a hearing or argument, and the motion must include a certificate of service.
Notice of the filing of the Motion and Order scheduling hearing or argument on same, shall be provided to the client and opposing counsel and an appropriate certificate of service shall be attached to the Motion.
Page 15 | RULE L1012 — APPEARANCES - CIVIL
The arbitration chair must notify counsel, unrepresented parties, and the panel of the trial’s time, date, and place at least 30 days in advance, unless a shorter period is stipulated.
The chairman so appointed shall forthwith establish the time, date, and place of trial and notify all counsel of record, unrepresented parties, and members of the arbitration panel thereof at least thirty (30) days in advance unless a shorter time is stipulated to.
Page 18 | RULE L1301(b) — ARBITRATION
A copy of a motion seeking to excuse in-person mediation attendance must be served on all parties and the mediator.
(e)(4) A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must file a motion with the Court no fewer than 10 days prior to the date set for mediation and must further serve a copy of the motion on all parties and the mediator.
Page 22
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Any party who declines to participate in the electronic filing system, or who is unable to electronically file or accept service of legal papers, which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Page 27 | Rule CR576.1(B) PACFile
The requesting party must serve copies of an ordinary transcript request on the presiding judge, transcript preparer, Senior Court Reporter, District Court Administrator, and opposing counsel or the opposing party if unrepresented.
(B) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the appropriate filing office - the Potter County Prothonotary’s Office for civil matters and the Potter County Clerk of Courts’ Office from orphans court or criminal court matters. The requesting party shall also serve copies of the formal request to: (1) the judge presiding over the matter; (2) the court reporter, court recorder or transcriptionist; (3) the Senior Court Reporter; (4) the District Court Administrator; and (5) opposing counsel, but if not represented, the opposing party.
Page 33 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
Copies of an expedited or rough-draft transcript request must be delivered as required by subsection (B).
(C) Requests for expedited or rough draft transcripts shall be filed in writing to the Senior Court Reporter at least 10 days prior to the proceeding. Copies of the written request shall be delivered as required by subsection (B).
Page 34 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
The plaintiff is responsible for serving the order on the defendant.
PLAINTIFF IS RESPONSIBLE FOR SERVICE OF THIS ORDER ON DEFENDANT
Page 1 | ORDER
Establishing a PACFile account constitutes consent to accept electronic service of documents filed on PACFile in districts permitting electronic filing.
Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.
Criminal cases
Page 1 | PACFile
Unless otherwise noted, the party seeking relief is responsible for serving signed orders it submits.
(f) Unless otherwise noted, it is the sole responsibility of the party seeking relief to serve signed orders submitted by the party seeking relief.
Page 7 | Motions
A party who first learns after the pre-trial conference, despite reasonable diligence, of the need or desirability to use specified evidence must forthwith provide the required information to the court and other counsel; the court may refuse its use if the information is not provided.
(h) If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, they shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit hypothetical question, plot or plan as is required on the pre-trial statement set forth in (e) above. Failure to provide such information shall not be in compliance with this subsection, and may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plan or plot at trial.
Page 9
The Prothonotary will generally send court-originated orders and opinions to counsel and self-represented parties, but the moving party must serve an opposing party whose address the court and Prothonotary do not have.
Unless otherwise directed, Orders and Opinions originating from the Court, will generally be sent to all counsel of record and pro se parties by the Prothonotary with a notation that the Order has been circulated by that office. If the Court or Prothonotary does not have the address of the opposing party the moving party shall be responsible for service upon the opposing party.
Page 14 | RULE L430 — SERVICE, PETITION, RULES ORDERS AND NOTICES
Notice of entry given by publication must follow Local Rule L410.
If notice of the entry of such an order is given by publication, it shall be given as provided by Local Rule L410.
Page 18 | RULE L1066 — FORM OF JUDGMENT OR ORDER
Establishing a PACFile account constitutes consent to electronic filing and electronic service of PACFile documents in any judicial district that permits electronic filing.
Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.
Page 27 | Rule CR576.1(B) PACFile
A copy of each transcript-cost waiver or reduction application must be served contemporaneously with the transcript request on the presiding judge, transcript preparer, Senior Court Reporter, and opposing counsel or unrepresented opposing party.
Any application for waiver or reduction of transcript costs shall be filed contemporaneously with the request for transcript and a copy served to: (1) the judge presiding over the matter; (2) the court reporter, court recorder or transcriptionist; (3) the Senior Court Reporter; and (4) opposing counsel, but if not represented, the opposing party.
Page 36 | Rule R.J.A.4008, Transcript Costs
Filing Fees and Waivers
A party unable to pay may have a transcript request approved if an ordinary transcript is under appeal or necessary to advance the litigation and the party has obtained a waiver under Pa.R.J.A. 1990.
(E) If a party requests a transcript but cannot pay for the transcript because of alleged inability to pay, the court shall approve the request if: (1) the request is for an ordinary transcript and the matter is under appeal, or a transcript is necessary to advance the litigation; and (2) the party has obtained a waiver pursuant to Pa.R.J.A. 1990.
Page 2 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
A litigant ordering a transcript must make a nonrefundable partial payment of 50% of its anticipated cost using an accepted payment method and deliver it to the specified filing office.
(1) the litigant ordering a transcript shall make a non-refundable partial payment in the amount of 50% of the total anticipated cost of the transcript, as established by the court reporter, court recorder or transcriptionist. The payment shall be by cash, money order, certified check, or law firm check made payable to the appropriate filing office - the Potter County Prothonotary's Office, Clerk of Courts' Office, or Clerk of Orphans' Court Office - and shall be delivered to the Potter County Prothonotary/Clerk of Courts' Office.
Page 2 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
Checks for a transcript's final balance must be payable to the appropriate filing office and delivered to the Potter County Prothonotary/Clerk of Courts' Office.
Checks for the final balance are to be made payable to the appropriate filing office - the Potter County Prothonotary's Office, Clerk of Courts' Office, or Clerk of Orphans' Court Office - and shall be delivered to the Potter County Prothonotary/Clerk of Courts' Office.
Page 2 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
A transcript prepared in bound paper format carries a $0.25-per-page surcharge in addition to the applicable electronic-format cost.
(3) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraphs (1) and (2) relating to electronic format plus a surcharge of $0.25 per page.
Page 4 | RULE R.J.A.4008 — TRANSCRIPT COSTS
The Commonwealth or one of its subdivisions must pay $1.25 per page for an electronic transcript.
(2) When the requesting party is the Commonwealth or a subdivision thereof, the cost for a transcript in an electronic format shall be $1.25 per page.
Page 4 | RULE R.J.A.4008 — TRANSCRIPT COSTS
A requesting party other than the Commonwealth or its subdivisions must pay $2.25 per page for an ordinary electronic transcript.
(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall be: - (a) for an ordinary transcript, $2.25 per page; - (b) for an expedited transcript*, $3.00 per page; - (c) for a daily transcript*, $4.00 per page; and - (d) for same day delivery*, $6.00 per page.1
Page 4 | RULE R.J.A.4008 — TRANSCRIPT COSTS
Transcript costs must be waived when a transcript request is approved under Pa.R.J.A. 4007(E).
(2) Transcript costs shall be waived if a transcript request is approved pursuant to Pa.R.J.A. 4007(E).
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
When multiple parties receive or must file an original transcript, its cost must be divided equitably, accounting for any free transcripts.
(2) Allocation of costs. When more than one party is to receive the transcript or is required by general rule to file the transcript, the cost of the original transcript shall be divided equitably among the parties, taking into account any free transcripts.
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
The party requesting an original transcript, or required by general rule to file it, is responsible for its cost.
(l) Assignment of costs. The requesting party or the party required by general rule to file a transcript shall be responsible for the cost of the original transcript.
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
No party may be charged for a transcript prepared at the court's initiation.
Costs shall not be assessed against any party for transcripts prepared at the initiation of the court.
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
Requests for copies of a previously filed transcript must go to the appropriate filing office, at its standard rate capped at $0.75 per page.
A request for copies of a transcript previously ordered, transcribed, and filed of record shall be made to the appropriate filing office and the cost shall be at that Office's standard rate, not to exceed $0.75 per page.
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
Applicable filing fees must be paid through established procedures, at the time and in the amount required by statute, court rule or order, or the published fee schedule.
Applicable filing fees shall be paid through procedures established by the Administrative Office of Pennsylvania Courts and the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.
Criminal cases
Page 2 | Filing Fees
All filing fees for a continuance must be paid before the Court considers the motion.
All filing fees for a continuance must be paid before the Court will consider the motion.
Page 10 | CONTINUANCES
A person making the required entry for real estate presented as bond must pay the Prothonotary’s customary fees.
for which he shall pay the Prothonotary customary fees
Page 14 | RULE L506 — BONDS - CIVIL
(d) Once Arbiters have been appointed hereunder, the Prothonotary shall not mark the case discontinued, settled or ended or terminate the case in any other way until the Chairman of the Board of Arbitration has received the sum of seventy-five dollars ($75.00) settlement costs and the other two members of the Board the sum of fifty dollars ($50.00) each as Arbitrator’s settlement costs, the above sum to be paid through the office of the Prothonotary of Potter County. The party initially requesting that a Board of Arbitration be appointed shall remain liable for settlement fees above indicated. Settlement fees shall be due and payable any time after appointment of the Board and before the settlement of any case prior to trial or hearing, but in no event more than forty-five (45) days after the date of the appointment, unless said time is extended by the Chairman of the Board.
(d) Once Arbiters have been appointed hereunder, the Prothonotary shall not mark the case discontinued, settled or ended or terminate the case in any other way until the Chairman of the Board of Arbitration has received the sum of seventy-five dollars ($75.00) settlement costs and the other two members of the Board the sum of fifty dollars ($50.00) each as Arbitrator’s settlement costs, the above sum to be paid through the office of the Prothonotary of Potter County. The party initially requesting that a Board of Arbitration be appointed shall remain liable for settlement fees above indicated. Settlement fees shall be due and payable any time after appointment of the Board and before the settlement of any case prior to trial or hearing, but in no event more than forty-five (45) days after the date of the appointment, unless said time is extended by the Chairman of the Board.
Page 19
The parties must pay mediation costs as ordered; remediation is barred until payment to Potter County, and the costs are enforceable through the court.
The parties will be responsible for the costs of mediation in accordance with an appropriate order. Remediation will not be permitted until payment is made to Potter County. Payment of mediation costs is enforceable through the court.
Page 23 | RULE L1940.1
Applicable filing fees must be paid through the procedures established by the Administrative Office of Pennsylvania Courts and the Clerk of Courts, at the time and in the amount required by law, court authority, or the published fee schedule.
Applicable filing fees shall be paid through procedures established by the Administrative Office of Pennsylvania Courts and the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.
Page 28 | Rule CR576.1(D) Filing Fees
Admission to the Potter County Bar requires submitting a $50 fee to the Prothonotary.
Upon submission of the sum of Fifty ($50.00) Dollars to the Prothonotary of Potter County, which shall be transferred to the Treasurer of the Potter County Bar, and an affidavit containing a statement that he or she is a duly licensed lawyer to practice in the Commonwealth of Pennsylvania and is a member of the Pennsylvania Bar “in good standing”, as well as the address of his or her Potter County Office, the lawyer shall become a member of the Potter County Bar.
Page 31 | RULE R.J.A.303 — ADMISSION TO POTTER COUNTY BAR
Any final transcript balance paid by check must be payable to the appropriate filing office and delivered to the Potter County Prothonotary/Clerk of Courts’ Office.
Checks for the final balance are to be made payable to the appropriate filing office - the Potter County Prothonotary’s Office, Clerk of Courts’ Office, or Clerk of Orphans’ Court Office - and shall be delivered to the Potter County Prothonotary/Clerk of Courts’ Office.
Page 34 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
A transcript requester must make a nonrefundable payment of 50% of the anticipated transcript cost using an authorized payment method and deliver it to the designated office.
(1) the litigant ordering a transcript shall make a non-refundable partial payment in the amount of 50% of the total anticipated cost of the transcript, as established by the court reporter, court recorder or transcriptionist. The payment shall be by cash, money order, certified check, or law firm check made payable to the appropriate filing office - the Potter County Prothonotary’s Office, Clerk of Courts’ Office, or Clerk of Orphans’ Court Office - and shall be delivered to the Potter County Prothonotary/Clerk of Courts’ Office.
Page 34 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
A trial judge may impose a reasonable surcharge in unusually complex cases requiring court reporters to significantly expand their dictionaries.
A trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary. Such surcharges are at the discretion of the trial judge.
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
The parties share the expense of custody mediation, which is to be conducted promptly under the applicable court procedures.
Custody mediation shall be promptly conducted in accordance with procedures established by the court from time to time at the shared expense of the parties, and in accordance with Pa.R.Civ.P. 1940.1, et seq.
Page 23 | RULE L1940.1
Indigent litigants may seek a fee waiver or reduction by submitting a written application with appropriate income and financial information.
Litigants who claim they are indigent may apply to the Court for a waiver or reduction of fees, with all such applications to be in writing and complete with appropriate income and financial information.
Page 23
Persons filing an adoption or termination-of-parental-rights petition must pay for transcripts required by law or court rule.
Persons filing an adoption or termination of parental rights petition shall be responsible for the cost of any transcripts thereof required by law or rule of Court.
Page 24 | Orphan’s Court Rules — RULE O15
Fees for the property-bail procedure are governed by the Clerk of Courts/Prothonotary fee schedule.
Fees will be in accordance with the Clerk of Courts/Prothonotary fee schedule.
Page 25 | RULE CR528 — BAIL
The Court may waive or adjust transcript costs for economic hardship when the matter is under appeal or the transcript is needed to advance litigation; otherwise, the requester must demonstrate reasonable need.
(E) When a litigant requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the Court shall determine economic hardship pursuant to the procedure set forth in Local Rule R.J.A.4008(B). In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the Court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the Court shall waive or adjust the cost of obtaining the transcript.
Page 34 | RULE R.J.A.4007 — REQUEST FOR TRANSCRIPTS
Ordinary transcript costs must be reduced by 50 percent for a litigant earning less than 200 percent of the current HHS poverty line when the matter is under appeal or the transcript is necessary to advance litigation.
Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by 50 percent for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.
Page 35 | Rule R.J.A.4008, Transcript Costs
A transcript for which the court or county is responsible must be prepared without requiring a deposit.
When a transcript is requested for which the court or county is responsible for the cost, the court reporter, court recorder or transcriptionist shall prepare the transcript without the necessity of a deposit.
Page 35 | Transcript Costs
The court may waive costs for specified transcripts at its discretion upon good cause for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2).
Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, rough draft or same day transcripts may be waived at the court’s discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown
Page 35 | Rule R.J.A.4008, Transcript Costs
Electronic transcripts requested by the Commonwealth or a subdivision thereof cost $1.25 per page.
When the requesting party is the Commonwealth or a subdivision thereof, the cost for a transcript in an electronic format shall be $1.25 per page.
Page 35 | Rule R.J.A.4008, Transcript Costs
Bound paper transcripts incur the applicable electronic-format cost plus a $0.25-per-page surcharge.
When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraphs (1) and (2) relating to electronic format plus a surcharge of $0.25 per page.
Page 35 | Rule R.J.A.4008, Transcript Costs
Electronic transcripts requested by parties other than the Commonwealth or its subdivisions cost $2.25 per page for ordinary transcripts, $3.00 for expedited, $4.00 for daily, and $6.00 for same-day delivery.
The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall be: (a) for an ordinary transcript, $2.25 per page; (b) for an expedited transcript*, $3.00 per page; (c) for a daily transcript*, $4.00 per page; and (d) for same day delivery*, $6.00 per page.
Page 35 | Rule R.J.A.4008, Transcript Costs
Ordinary transcript costs must be waived in an appeal or when necessary to advance litigation for a litigant proceeding in forma pauperis or earning less than 125 percent of the current HHS poverty line.
Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.
Page 35 | Rule R.J.A.4008, Transcript Costs
The requesting party or party required to file a transcript is responsible for its cost, except that no party is assessed costs for a transcript prepared at the Court’s initiation.
The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the Court.
Page 36 | Rule R.J.A.4008, Transcript Costs
Requests for copies of a previously ordered, transcribed, and filed transcript must be made to the appropriate filing office, and the charge may not exceed $0.75 per page.
A request for copies of a transcript previously ordered, transcribed, and filed of record shall be made to the appropriate filing office and the cost shall be at that Office’s standard rate, not to exceed $0.75 per page.
Page 36 | Rule R.J.A.4008, Transcript Costs
When multiple parties request or are required to file a transcript, its cost must be divided equally among them.
When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.
Page 36 | Rule R.J.A.4008, Transcript Costs
Approved legal aid clients need not prove economic hardship and may obtain ordinary transcripts at no cost if legal aid provides and files the specified certification letter with the Transcript Request Form.
Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid clients shall be entitled to obtain ordinary transcripts for no cost. Legal aid services must provide a letter of certification verifying that the client meets financial eligibility for legal aid services and that the matter is under appeal or that the transcript being requested is necessary to advance the litigation and the letter must be filed with the Transcript Request Form.
Page 36 | Rule R.J.A.4008, Transcript Costs
The court may waive specified transcript costs for parties who qualify for a fee-and-cost waiver and show good cause.
(1) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, or same-day transcripts may be waived at the court's discretion for parties who qualify for a waiver of fees and costs pursuant to Pennsylvania Rule of Judicial Administration 1990 under subdivision (B) and upon good cause shown.
Page 5 | RULE R.J.A.4008 — TRANSCRIPT COSTS
The Prothonotary may charge a reasonable fee to store or detain personal property posted as bond.
(b) The Prothonotary may charge a reasonable storage fee for the storage and or detention of personal property as posted.
Page 14 | RULE L506 — BONDS - CIVIL
Sealing & Redaction Procedures
Counsel and unrepresented parties must follow the applicable public-access policy and must not include confidential information in legal papers filed electronically or on paper.
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and Potter County Court and refrain from including any confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in paper format.
Criminal cases
Page 2 | Confidential Information
Exhibits containing confidential information or information covered by Pa. Access Policy § 8.0 must be handled with the required form so the records office can seal them.
(g) Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy § 8.0 shall include a Confidential Document Form or Confidential Information Form so that the document can be properly sealed by the record office.
Page 3 | Rule 5103. Custody of Exhibits. Special Provisions.
Counsel and unrepresented parties must follow the applicable public access policy and must not include confidential information in legal papers filed electronically or on paper.
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and Potter County Court and refrain from including any confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in paper format.
Page 28 | Rule CR576.1(F) Confidential Information
Pre-Motion Conference Requirements
Before submitting a motion or petition, the movant or counsel must confer with all counsel of record and unrepresented parties to determine their positions.
Prior to submitting any motion/petition, the movant or his/her counsel shall confer with all counsel of record and any unrepresented parties to determine their position with respect to the motion.
Page 6 | Rule L208.2(d) — CERTIFICATION OF POSITION: MOTIONS/PETITIONS
Briefs are required in support of all preliminary objections; an additional brief is due four days before argument if the party believes it is needed and no briefing schedule is in effect.
(d) Briefs shall be required as a matter of course in support of all Preliminary Objections as outlined in Local Rule L208.2(c). If a party reasons it needs to file a brief in addition to any statement of authority provided pursuant to Local Rule L208.2(c), and no briefing schedule is in effect, such a brief shall be due four (4) days before argument. This Rule in no way abrogates the requirements of Local Rule L208.2(c).
Page 7 | Motions
For a motion, petition, exception, or similar filing requiring legal argument, the court will schedule the matter by order and establish an advance briefing schedule.
Upon the filing of any motion, petition, exceptions, or the like, requiring legal argument, the matter will be scheduled by the court in an order which will also establish the advance briefing schedule.
Page 6 | RULE L208.3(a) — MOTION PROCEDURES
The court may approve telephone oral argument subject to audibility or stipulation requirements; it may limit the argument, may allow recording on request, and counsel must schedule the call at a mutually agreeable time.
The court may with prior approval allow oral argument on any motion by speaker telephone conference provided that the conversations of all parties are audible to all persons present, or upon stipulation of all parties, by regular telephone conference call. The Court reserves the right to limit the length of telephone argument or testimony. Upon request of any party, such oral argument may be recorded by a court reporter or otherwise under such conditions as the court shall deem practicable. Counsel shall schedule such telephone calls at a time mutually agreeable to all parties and the court.
Page 6 | RULE L208.3(b) — MOTION PROCEDURES
Adjournment & Extension Requirements
An application to continue the pre-trial conference must be made by motion addressed to the court.
(c) Any application for continuance of the conference shall be by motion addressed to the court.
Page 8 | Rule L212.3 — Pre-Trial Conference
A continuance must be requested by written motion, with notice to opposing counsel or pro se parties and a statement of whether the parties and/or counsel agree; the motion may be summarily denied absent that information, and continuances are granted only for good cause.
Any party seeking a continuance, must do so by written motion and notify opposing counsel or pro se parties and state in the Motion whether the parties and/or counsel agree to the continuance. In the absence of the same, the motion will be summarily denied. A party seeking a continuance must also prepare and submit a proposed order and appropriately circulate the signed order. No continuances of hearings or trials scheduled will be granted except for good cause shown. All filing fees for a continuance must be paid before the Court will consider the motion.
Page 10 | CONTINUANCES
A continuance based on a litigant not being ready for trial will not be granted unless the Court receives notice of that unreadiness within 10 days after the case is listed.
(e) No continuance will be granted because of any litigant being “not ready for trial” unless notice that the litigant is not ready is presented to the Court within ten (10) days from the date of said listing.
Page 12 | RULE L309 — TRIAL SESSIONS and TRIAL LIST
Mediation may be continued once by all parties’ agreement at least 10 days before the scheduled date; the requesting party must notify the mediator in writing, and a court must decide a continuance if the parties fail to agree more than 10 days beforehand.
(d) At least 10 days before the date of mediation, the mediation may be continued one time by agreement of all parties. The party requesting the continuance shall give written notice of the continuance to the mediator. The mediator shall reschedule mediation within 60 days from the date the mediation was to originally occur with notice provided to all parties. In the event that the parties fail to agree to a continuance more than 10 days prior to the date of the scheduled mediation, a continuance shall be filed with and decided by the Court. If the case is continued by the Court, the mediator shall reschedule the mediation in accordance with the Court’s order granting the continuance.
Page 21
A party seeking to continue a covered inactive criminal proceeding must show good cause at the general call or the proceeding will be dismissed.
If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.
Page 33 | RULE R.J.A.1901 — PROMPT DISPOSITION OF MATTERS; TERMINATION OF INACTIVE CASES - CRIMINAL
Chambers Communication Rules
Counsel must request a status conference if counsel reasonably believes a matter during or after discovery has or will prejudice the case or cause noncompliance with the rule.
(c) If matters arise at any time during the discovery period or thereafter which counsel reasonably believes has or will prejudice their case or has or will cause counsel to fall out of compliance with this rule, counsel shall request a status conference.
Page 7 | Rule L212.1 — Time for Completing Discovery - Civil
A party may praecipe for a status conference to establish an alternative discovery timetable when extensive discovery is apparent or pleadings have not closed within 80 days after the complaint is filed.
(b) In those cases where it is apparent that extensive discovery will be required or when the pleadings have not closed within 80 days from the filing of the complaint, the court -upon Praecipe of any party - will hold a status conference to establish an alternative discovery timetable.
Page 7 | Rule L212.1 — Time for Completing Discovery - Civil
Accommodation requests are recommended as soon as possible or at least three business days before participation and may be submitted using the listed form and ADA Coordinator contact information.
If you require an accommodation under the ADA, it is recommended that you make your request as soon as possible or at least three (3) business days before your scheduled participation in any court proceeding or UJS program or activity. To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (Appendix A) and return it to: Jennifer Saulter, ADA Coordinator, 1East Second Street, Room 30, Coudersport, PA 16915, phone: (814) 274-9720, fax: 814-274-3363, e-mail: jsaulter@pottercountypa.net
Page 1 | AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
ADA Title II complaints may be filed under the UJS Grievance Procedure with the ADA Coordinator using the listed contact information.
Complaints alleging violations of Title II under the ADA may be filed pursuant to the UJS Grievance Procedure with Jennifer Saulter, ADA Coordinator, 1 East Second Street, Room 30, Coudersport PA 16915, phone (814) 274 9720, fax: (814)274-9720 or email at jsaulter@pottercountypa.net.
Page 2 | AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
People needing help completing the accommodation form should contact the ADA Coordinator.
If you need assistance completing this form, contact, Jennifer Saulter, the ADA Coordinator.
Page 2 | AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
Contact ADA Coordinator Jennifer Saulter by phone for an accommodation to complete the form or to request it in an alternate format.
If you require a reasonable accommodation to complete this form, or need this form in an alternate format, please contact, Jennifer Saulter, ADA Coordinator at 814-274-9720.
Page 4 | Americans with Disabilities (Title II) Act Grievance Procedure
The Office of the Prothonotary is identified as a source of information and is listed with its telephone number.
The entity, to be named in the notice to defend, from whom information can be obtained, is: Office of the Prothonotary Potter County Courthouse One East 2nd Street, Room 23 Coudersport, PA 16915 Telephone: 814-274-9740
Page 16 | RULE L1018.1 — NOTICE TO DEFEND