Court of Common Pleas of Potter County, Pennsylvania Document Filing Requirements

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Agreement

An agreement reached before or after mediation must be reduced to a stipulation that forms the basis of a consent order.

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.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must include reports of experts whose opinions will be offered at trial, including their findings and conclusions.

(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.

CRITICAL

Applies to

Transcript request

All transcript requests must use the standardized form provided by the Senior Court Reporter.

(A) All requests for transcripts shall be set forth on a standardized form provided by the Senior Court Reporter.

CRITICAL

Applies to

Jury instructions

After trial begins, points for charge or jury instructions are accepted only with leave of Court.

2. Once the trial commences, points for charge or jury instructions shall be accepted only by leave of Court as justice shall require.

CRITICAL

Applies to

Affidavit

Affidavits filed, placed on the record, or presented to the Court must contain a jurat.

All affidavits filed or on documents of Record or on documents presented to the Court for any reason will contain a jurat.

CRITICAL

Applies to

Initial pleading and first pleading after new counsel

Initial pleadings and the first pleading after new counsel begins representation must include a cover sheet identifying the parties and, if known, their counsel and contact information.

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:

CRITICAL

Applies to

Criminal scheduling form

At the preliminary hearing or its waiver, the Magisterial District Judge must give each defendant a written form stating mandatory dates and times for arraignment, two criminal conferences, and jury selection.

At the time of Preliminary Hearing or at the time of waiver of such Preliminary Hearing, the Magisterial District Judge having jurisdiction over the criminal case shall furnish each criminal defendant with a written form setting forth mandatory dates and times for the following: a. Criminal Court Arraignment b. Criminal Conferences (2) c. Jury Selection

CRITICAL

Applies to

Motion

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.

(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.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must include a proposed scheduling order and Court Administrator information estimating the total time needed for the hearing.

(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.

CRITICAL

Applies to

Praecipe to list for trial

A trial-listing attorney certifies that the case is trial ready, and the Praecipe must state whether all other parties concur in the listing.

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.

CRITICAL

Applies to

Notice to defend

The Notice to Defend must name the Office of the Prothonotary as the source of information.

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

CRITICAL

Applies to

Affidavit of value

A defendant or bail poster offering property for bail must promptly submit an affidavit of value from an acceptable reputable person stating ownership and the property’s net equity.

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. Said affidavit shall state that the persons offering said bail are the true and lawful owners and have a net equity in said property equal to a given dollar amount.

CRITICAL

Applies to

Waiver

A defendant must attend all scheduled proceedings unless appropriate waivers are executed and filed or attendance is excused because the case has been resolved.

Defendant shall appear as directed for all these proceedings, unless appropriate waivers are executed and filed or his attendance is excused due to a resolution of his case, by means such as a plea, ARD, or nolle prosse.

CRITICAL

Applies to

Fee waiver or reduction application

A fee-waiver or reduction application must be written and include 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.

CRITICAL

Applies to

Publication affidavit

Affidavits of publication must be filed in the Prothonotary’s office.

Affidavits of publication shall be filed in the Prothonotary’s office.

CRITICAL

Applies to

Motion

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.

(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.

CRITICAL

Applies to

Praecipe to withdraw

Should the Court grant leave to withdraw, counsel shall then file a Praecipe to withdraw with the Prothonotary.

Should the Court grant leave to withdraw, counsel shall then file a Praecipe to withdraw with the Prothonotary.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must identify anticipated unusual questions of law and provide supporting authority.

(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.

CRITICAL

Applies to

Pre trial statement

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.

(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.

CRITICAL

Applies to

Application for excusal

Attendance may be excused only with Court permission following a written application.

Attendance will be excused only with Court permission after written application.

CRITICAL

Applies to

Rule to show cause order

Orders to show cause must contain the information specified in Pa.R.Civ.P. 206.6(c)(1), (2), (3), and (6).

Rule to show cause orders shall contain the information required in Pa.R.Civ.P. 206.6 (c)(1),(2),(3) and (6).

CRITICAL

Applies to

Exhibit

An exhibit containing confidential information or information covered by Pa. Access Policy § 8.0 must include a Confidential Document Form or Confidential Information Form for sealing by the records office.

(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.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must list potential witnesses’ names and addresses and classify them as liability and/or damage witnesses, but listing a witness does not require the party to call or procure that witness.

(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.

CRITICAL

Applies to

Photographs of non documentary exhibits

The proponent must submit photographs of non-documentary exhibits that are not retained for inclusion in the documentary record during the proceeding.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion must include or attach a certification stating whether the movant conferred or attempted to confer with interested parties and indicating their positions.

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.

CRITICAL

Applies to

Transcript request

Transcript requests must use the standardized form provided by the Senior Court Reporter.

(A) All requests for transcripts shall be set forth on a standardized form provided by the Senior Court Reporter.

CRITICAL

Applies to

Amended pleading

An amended pleading must be complete, identify itself as amended, and have renumbered paragraphs.

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.

CRITICAL

Applies to

Pre trial statement

(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.

(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.

CRITICAL

Applies to

Exhibit filing

A sole custodian must file submitted documentary exhibits and an index of exhibits, excluding non-documentary exhibits.

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.

CRITICAL

Applies to

Adoption or termination of parental rights case

At the hearing, persons who filed an adoption or termination-of-parental-rights petition must submit proposed findings of fact and a proposed decree.

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.

CRITICAL

Applies to

Contested matter estimate

At the time of listing a contested matter, the moving party’s counsel must give the Court Administrator a written good-faith estimate of each proceeding’s length and state whether testimony or argument is expected.

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.

CRITICAL

Applies to

Report of intention to adopt

A person filing a Report of Intention to Adopt must also file either a request for a court-ordered investigation or the specified statement about the placing agency’s investigation and Report of Intermediary.

Any person, party or attorney, who will hereafter file a Report of Intention to Adopt pursuant to 23 Pa.C.S.A. § 2531 shall also file a request for Court-Ordered investigation or submit a statement that an investigation was made by the agency which placed the child and that the appropriate information is contained or will promptly thereafter be contained in a Report of Intermediary filed under 23 Pa.C.S.A. § 2533.

CRITICAL

Applies to

Exhibit filing

The custodian at the conclusion of a proceeding must file all submitted exhibits and their index.

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.

CRITICAL

Applies to

Motion petition rule

Every motion, petition, and rule must contain a certificate of concurrence or non-concurrence from opposing counsel, or explain why it cannot be obtained.

(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.

CRITICAL

Applies to

Property bail record

The Clerk of Court must cross-index the property-bail record under the owners’ and defendant’s names and include the specified property, bail, and encumbrance information.

The Clerk of Court shall cross-index a Record of such offer of property for bail in the General Index of the Prothonotary’s Office under the names of record property owners and the defendant. Such Record shall, additionally, include the following information: (a) a brief reference to the property, the acreage, township or borough, and Deed Book reference; (b) the amount of bail to be posted as against the property; and (c) all encumbrances relating to the property such as liens, judgments, mortgages, and delinquent taxes.

CRITICAL

Applies to

Praecipe to list for trial

By listing a case for trial, the listing attorney certifies that the case is trial ready.

Listing a case for trial constitutes a certification by the listing attorney that the case is in fact trial ready.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must state whether the client and opposing counsel consent.

Counsel shall note in the Motion whether the client and opposing counsel consent to the request.

CRITICAL

Applies to

Post trial or post hearing motion or petition

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.

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.

CRITICAL

Applies to

Praecipe to list for trial

An assessment appeal is scheduled for nonjury trial upon filing a Praecipe to List for Trial.

The appeal shall be scheduled by the Court Administrators for a nonjury trial upon the filing of a Praecipe to List for Trial.

CRITICAL

Applies to

Arbitration report

The arbitration report must be signed by all or a majority of the Board members.

The Report shall be signed by all or a majority of the members of the Board.

CRITICAL

Applies to

Entry of appearance

An attorney representing a defendant must sign an entry of appearance and provide it to the Magisterial District Judge or file it with the Clerk of Courts.

(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.

CRITICAL

Applies to

Arbitrator oath

Before performing their duties, arbitrators must subscribe to an oath to act justly, equitably, and diligently, and the oath must be filed with their report.

(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.

CRITICAL

Applies to

Petition for allowance of appeal

An assessment-appeal petition must attach a copy of the appealed-from order and a proposed preliminary decree containing the specified provisions.

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.

CRITICAL

Applies to

Transcript request

For an ordinary transcript, the original request must be filed with the office specified for the type of matter.

(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.

CRITICAL

Applies to

Pre trial statement

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.

(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.

CRITICAL

Applies to

Order

An order entered under Pa.R.Civ.P. 1066(b)(1) must describe the property.

Any order entered under Pa.R.Civ.P. 1066(b)(1) shall include a description of the property.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must include medical reports from qualifying doctors who may be called as witnesses.

(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.

CRITICAL

Applies to

Praecipe to list

To list a civil case for jury or non-jury trial, a party must file a Praecipe to List with the Prothonotary stating its submission date and the requested trial type.

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.

CRITICAL

Applies to

Proof of property bail entry

A defendant may not be released on property bail unless proof that the required property-bail entry was made is submitted to the appropriate authority.

No criminal defendant shall be released on property bail unless proof of making such entry as herein described is submitted to the appropriate authority.

CRITICAL

Applies to

Appearance

When more than one counsel appears for a party, one counsel must be designated Chief Counsel.

If more than one counsel enters their appearance for a party, one such counsel shall be designated as Chief Counsel.

CRITICAL

Applies to

Affidavit

An applicant for Potter County Bar membership must submit an affidavit stating that they are licensed to practice in Pennsylvania, are a Pennsylvania Bar member in good standing, and provide their Potter County office address.

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.

CRITICAL

Applies to

Continuance motion

A continuance must be sought by written motion.

Any party seeking a continuance, must do so by written motion

CRITICAL

Applies to

Praecipe to list for trial

The Praecipe to List for Trial must include all other parties' concurrence or non-concurrence with the trial listing.

The Praecipe shall include a statement of concurrence or non-concurrence of the trial listing from all other parties.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must estimate how long the party’s case in chief will take to present.

(10) An estimate of the length of time which will be required to present the party’s case in chief.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must include a copy of any plan or plot proposed for introduction into evidence.

(9) A copy of any plan or plot proposed to be introduced into evidence.

CRITICAL

Applies to

Entry of appearance

Counsel must file an appropriate Entry of Appearance before representing the Defendant at the proceedings described in the rule.

Counsel shall not be permitted to represent the Defendant at the proceedings described in this Rule without first filing an appropriate Entry of Appearance as provided in Local Rule CR120.

CRITICAL

Applies to

Mediation report

The mediator’s written report must include the caption and docket number, mediation date, whether follow-up mediation was scheduled, whether the case settled in whole or in part, and any stipulations reached.

(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.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

When counsel ceases to be actively involved in a case, counsel must file a motion to withdraw with a proposed order, subject to the stated alternative.

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.

CRITICAL

Applies to

Exceptions

Exceptions to an arbitration decision may state only arbitrator misconduct or that corruption or other undue means procured 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.

CRITICAL

Applies to

Pre trial statement

Each party’s pre-trial statement must include an exhibit list and copies of all exhibits the party may use at trial, pre-marked.

(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.

CRITICAL

Applies to

Motion requesting court ordered mediation

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.

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.

CRITICAL

Applies to

Transcript request

Requests for expedited or rough draft transcripts must be filed in writing with the Senior Court Reporter 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.

CRITICAL

Applies to

Document containing confidential information

Anyone filing a document containing confidential information as defined by the Policy must use and file a Confidential Information Form.

Pursuant to Section 7 of the Public Access Policy of the Unified Justice System of Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form in order to comply with the Policy.

CRITICAL

Applies to

Motion requesting court ordered mediation

If the mediation motion is consented to, the motion must note the consent and, where possible, include the parties’ written consents.

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.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance motion must include a proposed order.

A party seeking a continuance must also prepare and submit a proposed order

CRITICAL

Applies to

Real estate bond

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.

(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.

CRITICAL

Applies to

Motion petition rule

Must include

proposed order

A proposed order must be filed with every motion, petition, and rule.

(e) Proposed Orders shall be filed with all motions, petitions, and rules as a matter of course.

CRITICAL

Applies to

Bond

A bond secured by personal property must be accompanied by a duly executed affidavit from a knowledgeable person acceptable to the Prothonotary stating the property’s net value.

(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.

CRITICAL

Applies to

Entry of appearance

If the entry of appearance is provided to the Magisterial District Judge, the judge must transmit it with the docket transcript for filing of record with the Clerk of Courts.

(b) If provided to the Magisterial District Judge, they will not file the entry of appearance, but shall transmit the same with the docket transcript and the same shall be filed of record with the docket transcript with the Clerk of Courts.

CRITICAL

Applies to

Filing

A party offering evidence in support of a filing must identify that evidence and advise how much time should be allocated.

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.

CRITICAL

Applies to

Exhibit transfer

When multiple custodians are involved, each custodian must pass the submitted exhibits and index to the next custodian.

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.

WARNING

Applies to

Emergency motion

Emergency motions are scheduled either by proposed order or by notice.

(c) Emergency Motions will be scheduled either by a proposed order or by notice.

WARNING

Applies to

Transcript request form

Legal aid must provide a certification letter verifying financial eligibility and the qualifying appeal or litigation-advancement purpose, and the letter must be filed with the Transcript Request Form.

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.

WARNING

Applies to

Reasonable accommodation request form

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (Appendix A) and return it to:

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (Appendix A) and return it to:

WARNING

Applies to

Appearance

Counsel may withdraw without leave of court if new counsel files an appearance and the change does not delay the litigation.

In the alternative, counsel may withdraw without leave of court if new counsel files an appearance and the change of counsel does not delay the litigation.

WARNING

Applies to

Complaint form

To file a complaint under the Grievance Procedure please take the following steps: 1. Complete the complaint form and return to Jennifer Saulter, ADA Coordinator. Alternative means of filing complaints will be made available for persons with disabilities upon request.

To file a complaint under the Grievance Procedure please take the following steps: 1. Complete the complaint form and return to Jennifer Saulter, ADA Coordinator. Alternative means of filing complaints will be made available for persons with disabilities upon request.

WARNING

Applies to

Transcript cost waiver petition

A petition to waive or reduce costs for an ordinary transcript must include an affidavit substantially in the form required by Pennsylvania Rule of Civil Procedure 240(h).

The Petition to Waive All or a Portion of the Transcript Costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

WARNING

Applies to

Transcript cost waiver application

An application to waive transcript costs must be a Petition to Waive All or a Portion of the Transcript Costs, filed in the appropriate listed office and delivered to the Potter County Prothonotary/Clerk of Courts’ Office.

The application to waive all or a portion of the costs for a transcript shall be in the form of a Petition to Waive All or a Portion of the Transcript Costs and shall be filed in 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.

INFO

Applies to

Proposed jury instructions

Attorneys trying the case and unrepresented parties may submit proposed jury instructions in writing by the beginning of opening statements, and the Court may direct their submission at any time before charging the jury.

1. In all trials the attorneys of record trying the case and any unrepresented parties, if they deem advisable, may submit in writing to the Court proposed points for charge or jury instructions, if any, not later than the beginning of opening statements. The Court may also direct the submission of proposed points for charge at any time prior to charging the jury.