Court of Common Pleas of Potter County, Pennsylvania Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Order

The plaintiff is responsible for serving the order on the defendant.

PLAINTIFF IS RESPONSIBLE FOR SERVICE OF THIS ORDER ON DEFENDANT

CRITICAL

Applies to

Expedited transcript request

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Transcript

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Publication

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.

CRITICAL

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.

CRITICAL

Service

Publication

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.

CRITICAL

Applies to

Transcript request

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.

CRITICAL

Applies to

Pre trial statement

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:

CRITICALCriminal cases

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.

CRITICAL

Applies to

Transcript request

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.

CRITICAL

Applies to

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Transcript request

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).

CRITICAL

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.

WARNING

Applies to

Document filed on the PACFile system

Service

Electronic service

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.

WARNINGCriminal cases

Service

Electronic service

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.

WARNING

Applies to

Notice of entry

Service

Publication

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.

WARNING

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.

WARNING

Applies to

Signed order

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.

WARNING

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.

WARNING

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.