Court of Common Pleas of Schuylkill County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request for a preliminary hearing must be submitted in writing on the specified form and signed by the defendant and counsel, if any; it may be faxed to the Magisterial District Judge.
- The Magisterial District Judge may grant each party one continuance upon cause shown.
- An initial continuance requested by either party may not exceed 21 days.
- +41 more
Request must include
- Continuance requests should be submitted to the Prothonotary at least twenty (20) days before such hearing and after written notice of such application has been provided to the opposing counsel. The application shall indicate the number of continuances previously requested, and whether or not the continuance is opposed.
- Counsel must promptly request a continuance when a conflict is or should be known, or within 24 hours after discovering emergency circumstances; emergencies must be explained in writing and scheduling-conflict requests must include the conflict attachment notice.
Communication
Phone
Fax
Clerk
Document Format Requirements23 rules
A continuance request for a Custody Conference or Hearing must use the Court’s Continuance Form, be filed with the Prothonotary, and be transmitted immediately to the Custody Conciliation Office.
Court's wording
(a.1) A request for a continuance of a Custody Conference or Hearing shall be on the Continuance Form established by the Court. The Continuance Form shall be filed in the Prothonotary’s Office and immediately transmitted to the Custody Conciliation Office. Continuance forms are available from the Prothonotary or Court Administrator’s Office.
For custody pleadings other than relocation pleadings, the moving party must file an original and one copy with the Prothonotary.
Court's wording
(a) Other than pleadings related to relocation, the moving party shall file in the office of the Prothonotary an original and one (1) copy of all pleadings involving custody issues, including complaints, petitions for modifications, special relief or contempt and preliminary objections.
All motions for continuance of trial made before jury selection shall be in writing, on forms approved by the Court and served on the opposing party.
A motion for dismissal of the charges and expungement of the arrest record shall be filed on a form approved by the court and available at the office of the Adult Probation Department.
The form of the report shall be substantially the same as the Clerk’s Form No. G - 02 and G - 03.
All papers, pleadings, and documents filed with the Prothonotary and Domestic Relations Section shall be on 8 ½ x 11 inch paper, and where signatures are required, such signatures shall be in black or blue-black ink.
- Paper size
- Letter
Filings under this provision must be submitted to the Prothonotary with an original, one copy, and a praecipe to transmit.
Court's wording
An original and one copy of all motions or filings pursuant to this provision, together with a praecipe to transmit as set forth in Sch.R.C.P. 205.2(b), shall be filed with the Prothonotary, which office shall transmit the pleadings to the Court Administrator for assignment to a Judge for disposition.
(c) All notices shall be in writing.
Applications for continuances of any scheduled arbitration hearing shall be on the Application for Continuance Form available from the Prothonotary or Court Administrator’s Office.
The arbitrators shall separately enumerate the delay damages as to each party on the appropriate form, and then add this amount to the principal sum awarded in order to reach a total amount of award.
Only the total amount shall be shown on the Report and Award
the computation form must be appended when the Award is filed.
Formatting
- •Append the computation form when filing the Award
The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.
The motion for continuance shall be made in writing to the President Judge on a form established by the Court.
The Master’s case papers must be enclosed in a strong paper backer and arranged in the prescribed order.
Court's wording
The Master shall enclose the papers in the case in a strong paper backer arranged in the following order: (1) Recommendation as to the form and content of the final decree as to the divorce or annulment and for the disposal of related claims; (2) In an uncontested case, the Master's report in the form required by Pa.R.C.P. 1920.53(c) and in a contested matter, in the form required by Pa.R.C.P. 1920.53(b); (3) Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time; (4) Exhibits, if any, which are not included with the transcript; (5) Docket entries; (6) Record papers in the case; and (7) A certificate of service of the Notice required by "Sch.R.C.P. 1920.55."
A non-documentary exhibit retained by its proponent must be photographed in color and submitted in a letter-sized document for the record before the proceeding ends.
- Paper size
- Letter
Court's wording
(c) Any non-documentary exhibit which is retained by the Proponent during or after the Court, Master, or Hearing Officer proceeding must be photographed in color by the Proponent and presented in a letter-sized form (8 1/2 by 11 inches) document for inclusion in the record prior to the end of the proceeding.
(e) Any digital exhibit that is not also presented via photograph, and any documentary exhibits of extraordinary size or bulk shall be entered into the record on a Universal Serial Bus (USB) flash drive. Multiple digital exhibits may be submitted by a party on one USB flash drive.
If you need to attach additional pages, sequentially number each alternate reference – i.e. SSN 3, SSN 4, etc.
Testimony given at an Auditor's or Master's hearing shall be stenographically recorded.
A motion seeking reconsideration of the report must be in writing.
- Reconsideration motions
Formatting
- •Motions for reconsideration must be written
Court's wording
the report of an Auditor or Master shall be transmitted to the Court for a Decree of Confirmation Nisi upon filing with the Clerk and shall become FINAL unless written motions for reconsideration thereto are filed within 20 days after the date of filing the report.
Either party may submit an equity case for disposition on Prothonotary Form 205.2(b), unless an order directs factual issues to a jury.
Court's wording
When any equity action is at issue, either party may submit the case to the Court for disposition on Prothonotary Form 205.2(b), unless the Court, on its own motion or on motion of a party, has entered an Order directing that all or some of the issues of fact be submitted to a jury in accordance with Pa.R.C.P. 1513.
They may be cited as "Sch.R.Crim.P. No. ____".
Formatting
- •The rules may be cited as "Sch.R.Crim.P. No. ".
Document Filing Requirements379 rules
The officer’s return to the Magisterial District Judge must state “NOT FOUND” when the warrant cannot be served under the stated conditions.
- Document
- Warrant return
Must include
- •NOT FOUND
Court's wording
(c) In any court case in which a warrant of arrest has been issued, either upon the filing of the complaint or after the defendant fails to respond to a summons, if the officer to whom the warrant was issued is unable to serve such warrant after good faith effort within thirty (30) days, the said officer shall make a return of "NOT FOUND" to the Magisterial District Judge.
This request for continuance form must be completed and signed by the defendant and his/her counsel if any.
The transcript must show the defendant's date of birth in brackets after the defendant's name and the specified identifying and contact information for witnesses.
Court's wording
In addition to the requirements under the Pa.R.Crim.P., the Magisterial District Judge shall also list the defendant's date of birth in brackets following his name on the transcript, and shall list the names, addresses, and telephone numbers of all witnesses who testified at the preliminary hearing or who the parties request to be listed on the transcript.
The copy of the transmittal letter and return receipt card shall be retained by the Magisterial District Judge.
A request to inspect or obtain accessible records must be made in writing to the Court Administrator, who serves as Records Manager.
Court's wording
(1) A request to inspect or obtain copies of accessible records in possession or control of the Schuylkill County Court of Common Pleas shall be made in writing to the Court Administrator of the Court of Common Pleas of Schuylkill County, designated by the President Judge as the Records Manager for the Court of Common Pleas of Schuylkill County.
The written request shall be made utilizing the form located on the home page of the Court's website at www.schuylkillcountypa.gov.
(2) The request shall identify or describe the records sought with sufficient specificity to enable the Records Manager to ascertain the records being requested.
A Confidential Document Form must accompany a filing when a confidential document is required by law, court order, or necessary to dispose of the matter.
Court's wording
Pursuant to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the Confidential Document Form shall accompany a filing where a confidential document is required by law, ordered by the court, or is otherwise necessary to effect the disposition of a matter.
Complete the entire form and check all that apply.
For each confidential document, list the paragraph, page, etc. where the document is referenced in the filing.
The listed financial, educational, medical, child-services, marital-property, income-and-expense, and party-agreement records must be filed with a court or custodian using the Confidential Document Form.
Court's wording
The following documents are confidential and shall be filed with a court or custodian with the “Confidential Document Form”: 1. Financial Source Documents as listed on the form 2. Minors’ educational records 3. Medical/Psychological records are defined as “records relating to the past, present, or future physical or mental health or condition of an individual” 4. Children and Youth Services’ records 5. Marital Property Inventory and Pre-Trial Statement as provided in Pa.R.C.P. No. 1920.33 6. Income and Expense Statement as provided in Pa.R.C.P. No. 1910.27(c) 7. Agreements between the parties as used in 23 Pa.C.S. § 3105
A Confidential Information Form must accompany a filing when confidential information is required by law, ordered by the court, or necessary to dispose of the matter.
Court's wording
Pursuant to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the Confidential Information Form shall accompany a filing where confidential information is required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.
If you need to refer to a piece of confidential information in a document, use the alternate references.
Minors’ names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355). “Minor” is a person under the age of eighteen.
In the specified family court actions, an abuse victim’s address and other contact information must be kept out of filings except for the victim’s name; if necessary, provide that information on the separate Abuse Victim Addendum.
Court's wording
Abuse victim’s address and other contact information, including employer’s name, address and work schedule, in family court actions as defined by Pa.R.C.P. No. 1931(a), except for victim's name. “Abuse Victim” is a person for whom a protection order has been granted by a court pursuant to Pa.R.C.P. No. 1901 et seq. and 23 Pa.C.S. § 6101 et seq. or Pa.R.C.P. No. 1951 et seq. and 42 Pa.C.S § 62A01 et seq. If necessary, this information must be provided on the separate Abuse Victim Addendum.
Do not include confidential information in any other document filed with the court under this docket.
The following information is confidential and shall not be included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document:
An Abuse Victim Addendum must accompany a family court filing when it provides an abuse victim’s confidential information in the stated circumstances.
Court's wording
The Abuse Victim Addendum shall accompany a filing where confidential information is being provided by an abuse victim, as defined in this policy, in family court actions (see Pa.R.C.P. No. 1931(a)), as required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.
A request for a reduced rate must include proof of authorization or the specified affidavit requesting a full or partial cost waiver.
Court's wording
Does this request qualify for a reduced rate pursuant to Pa.R.J.A. 4007(E)? Yes No If Yes, please provide proof of authorization for a reduced rate or an affidavit required by Pa.R.J.A. 4008(B)(4) requesting a waiver of all or a portion of the costs.
Pursuant to Pa.R.J.A. 4007(A), this form must be completed by any person requesting a transcript for any court proceeding.
Each covered custody complaint or modification petition must include the specified statements that the plaintiff and defendant have been advised about the Kids First program attendance requirements.
Court's wording
(a.2) In addition to the information required by Pa.R.C.P. 1915.15, every complaint for custody, partial custody or visitation, and every petition for modification of an existing custody order, shall contain the following language: (1) “Plaintiff has been advised of the requirements to attend the Kids First program.” (2) “Defendant has been advised of the requirements to attend the Kids First program.”
(a.3) A completed order shall be attached to the complaint or petition which includes a provision that all parties attend the Kids First Program and the Custody Conciliation Conference which shall be substantially in the form set forth in Sch.R.C.P. 1915.15. All parties named in the pleadings must register for and attend the Kids First program as ordered.
(supervised physical custody) of the child(ren) shall contain a statement that the opposing party or counsel of record for the opposing party has been served with the Parent Education brochure and registration form.
If the parties reach agreement, the stipulation must be signed by all parties and the Conciliation Officer, who then submits it with a proposed order to the Court.
Court's wording
If the parties are able to reach an agreement during the conciliation conference, the Conciliation Officer will prepare a stipulation and submit it to the parties for their signature. Upon execution of the stipulation by all parties, the Conciliation Officer will also sign indicating his or her review and shall transmit the stipulation and a proposed order to the Court for approval.
After filing a divorce asserting a custody claim, the moving party must provide the Civil Court Administrator two copies with the required order attached.
Court's wording
If a custody claim is asserted in a divorce complaint or counterclaim, the moving party shall, after filing the divorce with the Prothonotary, provide two (2) copies, with the appropriate order attached as per Sch.R.C.P. 1915.15, to the Civil Court Administrator for assignment and scheduling.
A party who completed the Parent Education program may avoid attending another program by filing an affidavit of completion with the certificate attached.
Court's wording
A party to a custody proceeding who has successfully completed the Parent Education program will be excused from attending another program if the party files of record an affidavit stating that the party has attended and successfully completed the Parent Education program designated by the Court with a copy of the certificate of completion attached as an exhibit.
All parties in covered custody matters must complete the Court’s custody conciliation questionnaire and attend the promptly scheduled conference.
Court's wording
All custody matters not specifically reserved to the Court shall be promptly scheduled for a conference before the Custody Conciliation Officer. All parties shall complete the Court’s custody conciliation questionnaire and attend such conference.
As part of that transfer, the custody Conciliation Officer shall prepare and file a report to the Court with copies to the parties. The report shall include such information about the case as shall be directed by the court, which may include a suggested interim order for consideration by the Court.
A party who files exceptions to the hearing officer’s report pursuant to Pa.R.C.P. 1915.4-2(b)(4) shall contemporaneously file a supporting brief
If the parties are able to reach an agreement after the conciliation conference, they may file a stipulation signed by the parties and counsel. The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.
If an order for psychological and/or home evaluations has been entered, then the proposed order shall include a provision to vacate the order for psychological and/or home evaluations.
If the parties are able to reach an agreement prior to the conciliation conference, they may file a petition requesting that a consent order be entered and include a proposed order. The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.
- Document
- Consent order petition
Must include
- •Proposed order
The petitioner shall complete a praecipe to transmit indicating that the matter is a contempt petition, shall list witnesses and time necessary for hearing and list the Judge who entered the Order to be enforced.
Each covered custody complaint or modification petition must have the specified order attached to its front.
Court's wording
(a) In addition to the information required by Pa.R.C.P. 1915.15(a) and (b), each complaint for custody, partial custody, or visitation, or a petition to modify an existing custody order, shall have attached to its front an order in substantially the following form:
You are further ORDERED to bring with you the fully completed conciliation questionnaire provided by the Court.
The required verification must address criminal-record or abuse history for the party and household members and be filed by the initial in-person contact, no later than 30 days after service.
Court's wording
You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.
The responding party’s report must estimate the time needed to present the respondent’s case and list the witnesses to be called.
Court's wording
Upon receipt of service of a petition for contempt and the praecipe for transmittal the responding party shall, within five (5) days, submit a written report to the Court Administrator estimating the time required for presentation of respondent's case and a list of witnesses to be called.
All such reports shall be submitted along with the necessary A.R.D. forms to the Criminal Court Administrator on the cutoff date for submission of paperwork for negotiated pleas as established by the published Court Calendar.
Every motion so filed shall include a certification from the Adult Probation Department that the defendant has satisfactorily completed the program and complied with all its conditions and shall further include a proposed order.
- Document
- Dismissal expungement motion
Must include
- •Proposed order
shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an Attorney for the Commonwealth prior to filing.
Any designation of the Schuylkill County Bail Release Program as the supervisory agency shall be listed on the bail bond as a condition of bond pursuant to Pa.R.Crim.P. 526.
The District Attorney shall provide the Court and the Public Defender with the defendants' names and docket numbers for the cases to be called for arraignment on a specific date.
The District Attorney shall, on the first business day of each month, provide the Criminal Court Administrator with a supplemental list including those cases which have become six months old since the previous list was provided and such other cases for which the District Attorney is requesting a pretrial conference.
The District Attorney must provide the Criminal Court Administrator with requested cases for a trial-readiness conference, including cases where six months have passed since the complaint was filed; the list may also include other open cases the District Attorney wants to list for trial.
Court's wording
Upon the effective date of this rule, the District Attorney shall provide the Criminal Court Administrator with a list of criminal cases in which a criminal information has been filed and for which the District Attorney is requesting the Court to conduct a conference to determine the readiness of said cases for trial. The list may include all open cases which the District Attorney wants to list for trial and shall include all cases in which an information has been filed and six months have expired since the filing of the complaint.
For murder charges, the District Attorney must contemporaneously forward a copy of the criminal information to the Criminal Court Administrator.
Court's wording
Whenever the District Attorney files a criminal information against a defendant alleging the commission of murder as defined in 18 Pa.C.S.A. §2502, the District Attorney shall contemporaneously forward a copy of the information to the Criminal Court Administrator.
If a defendant who is represented by counsel desires to waive appearance at arraignment, the defendant and the defendant's attorney shall execute and file a waiver of arraignment. The waiver of arraignment can be completed at the preliminary hearing by the defendant and the defendant's attorney executing the form provided for that purpose by the Magisterial District Judge, and said form shall be returned to Court with the transcript of the case.
The District Attorney shall file the written guilty plea with attachments in the office of the Clerk of Courts, who shall promptly forward the guilty plea and attachments to the Criminal Court Administrator.
Filing & Service rules
Filing Timing and Cure Windows
If the officer cannot serve the warrant despite a good-faith effort within thirty days, the officer must return it to the Magisterial District Judge as “NOT FOUND.”
(c) In any court case in which a warrant of arrest has been issued, either upon the filing of the complaint or after the defendant fails to respond to a summons, if the officer to whom the warrant was issued is unable to serve such warrant after good faith effort within thirty (30) days, the said officer shall make a return of "NOT FOUND" to the Magisterial District Judge.
Page 4 | RULE 517 — FUGITIVES - COURT CASES
When a defendant is released under this Rule, the complaint must be filed within five days of release.
When a defendant is released pursuant to this Rule, a complaint shall be filed against the defendant within five (5) days of the defendant's release.
Page 4 | RULE 518 — ARREST WITHOUT A WARRANT IN CERTAIN CASES
If the District Attorney opposes the requested line-up, the District Attorney must notify the defendant at least 24 hours before the preliminary hearing.
In the event the District Attorney opposes defendant's request for a line-up prior to his preliminary hearing, the District Attorney shall advise defendant of such opposition at least twenty-four (24) hours in advance of the scheduled preliminary hearing.
Page 5 | Pre-Preliminary Hearing Line-Up
A defendant seeking a pre-preliminary hearing line-up must notify the District Attorney and Magisterial District Judge at least 48 hours before the scheduled preliminary hearing.
Defendants desiring a pre-preliminary hearing line-up shall make such request known to the District Attorney and the Magisterial District Judge at least forty-eight (48) hours in advance of the scheduled preliminary hearing.
Page 5 | Pre-Preliminary Hearing Line-Up
When the Pennsylvania Rules of Criminal Procedure require a hearing during that week, the Magisterial District Judge must cite this local rule as a reason to reschedule it for as soon thereafter as possible.
If a preliminary hearing is required to be held within that week by the Pa.R.Crim.P., this local Rule of Court shall be cited by the Magisterial District Judge as a reason for re-scheduling the case for as soon thereafter as possible.
Page 6 | Scheduling of Preliminary Hearings
Absent compelling reasons, a preliminary hearing may not be scheduled during the first two days of jury selection or the first week of criminal trials in Schuylkill County.
Unless there are compelling reasons, no preliminary hearing shall be scheduled for a court case by any Magisterial District Judge during the first two days of jury selection or the first week of criminal court trials in Schuylkill County.
Page 6 | Scheduling of Preliminary Hearings
If the Records Manager gives an expected availability date, it must not exceed 30 business days.
(iv) By notifying the requester in writing that the request has been received and the expected date that the information will be available, which shall not exceed 30 business days.
Page 3 | Procedure for Requesting Access
A denial of a written access request may be appealed in writing to the President Judge within 15 business days after the Records Manager mails the written response.
(5) Any denial of a written request for access may be appealed in writing within 15 business days of the mailing date of the written response by the Records Manager to the President Judge of the Court of Common Pleas.
Page 3 | Procedure for Requesting Access
The Records Manager must respond to a written access request within 10 business days of receiving it.
(4) The Records Manager shall respond to the request within 10 business days of receipt of the written request by one of the following manners:
Page 3 | Procedure for Requesting Access
When exceptions are filed, the Custody Office must immediately notify the stenographer, who must complete and file the transcript within 30 days.
When the exceptions are filed to a hearing officer’s report, the Custody Office shall immediately notify the stenographer, who shall complete and file the transcript of the proceedings before the hearing officer within thirty (30) days.
Civil cases
Page 4 | RULE 1915.4-2 PARTIAL CUSTODY. OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER
A party opposing exceptions must file an opposition brief within 20 days after service of the exceptions.
Any party opposing exceptions to the hearing officer’s report shall, within twenty (20) days after being served with exceptions, file a brief in opposition thereto and serve the opposing parties with a copy thereof.
Civil cases
Page 4 | RULE 1915.4-2 PARTIAL CUSTODY. OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER
Counterclaims, crossclaims, and answers must be filed before the conciliation conference, with a copy provided to the Custody Conciliation Officer.
Counterclaims, crossclaims or answers shall be filed with the Prothonotary prior to the conciliation conference, and a copy provided to the Custody Conciliation Officer.
Civil cases
Page 5 | RULE 1915.5 QUESTION OF JURISDICTION OR VENUE. NO RESPONSIVE PLEADING BY DEFENDANT REQUIRED. COUNTERCLAIM.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.
Civil cases
Page 6 | RULE 1915.15 FORM OF COMPLAINT.
Within five days after receiving service of the contempt petition and praecipe, the responding party must submit the required report to the Court Administrator.
Upon receipt of service of a petition for contempt and the praecipe for transmittal the responding party shall, within five (5) days, submit a written report to the Court Administrator estimating the time required for presentation of respondent's case and a list of witnesses to be called.
Civil cases
Page 6 | RULE 1915.12 CIVIL COMPLAINT.
Submit the reports and necessary A.R.D. forms by the negotiated-plea paperwork cutoff date established by the published Court Calendar.
All such reports shall be submitted along with the necessary A.R.D. forms to the Criminal Court Administrator on the cutoff date for submission of paperwork for negotiated pleas as established by the published Court Calendar.
Criminal cases
Page 6 | RULE 310 — MOTION FOR A.R.D. DISPOSITION
The District Attorney must file prepared informations with the Clerk of Courts on the second and last Mondays of each month.
The District Attorney shall file with the Clerk of Courts on the second and last Mondays of each month the informations he has prepared by said dates.
Criminal cases
Page 10 | RULE 560
A party seeking the attendance of an incarcerated witness must petition for transport no later than three weeks before the proceeding, or immediately upon receiving notice if the court gives less than three weeks’ notice.
Whenever the Commonwealth or the defendant require the attendance at a court proceeding of a witness who is known to be incarcerated, the party seeking to compel the witness’ appearance shall petition the court for an order directing the transport of that witness from his or her place of incarceration for the purpose of testifying at the court proceeding. The petition for transport shall be submitted to the court not later than three weeks prior to the date of the proceeding for which the witness’ appearance is required. If the court provides the parties with less than three weeks notice of the proceeding, the petition for transport shall be submitted to the court immediately upon receiving notice of the date and time when the proceeding will be conducted. Failure to file a timely petition may result in the unavailability of the witness.
Criminal cases
Page 10 | RULE 545
The District Attorney must file the Information within the ten days preceding arraignment.
The District Attorney shall file the Information within ten (10) days preceding the date of arraignment.
Criminal cases
Page 11 | RULE 571 — ARRAIGNMENT
Opposing counsel must file the required written report within 20 days after the moving party files the praecipe to transmit.
In matters requiring a non-jury trial or hearing, opposing counsel is required to file a report in WRITING with the Clerk within 20 days of the moving party’s filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case.
Page 11 | Rule 1.8A
The account Certificate must be filed before the date set for submission of accounts to the Court for adjudication and confirmation.
Prior to the date for submission of accounts to the Court for adjudication and confirmation, a Certificate shall be filed by counsel for the accountant
Page 14 | RULE 1.8C: ACCOUNT CERTIFICATE
Should the account filed fail to comply with the Uniform Fiduciary Accounting Standards, the Clerk shall notify the Accountant to immediately comply with the Standards prior to 30 days before Audit Submission Day. The corrected account shall be given to all interested parties. A failure to correct the account shall result in the account being stricken.
Should the account filed fail to comply with the Uniform Fiduciary Accounting Standards, the Clerk shall notify the Accountant to immediately comply with the Standards prior to 30 days before Audit Submission Day. The corrected account shall be given to all interested parties. A failure to correct the account shall result in the account being stricken.
Page 15 | RULE 2.1: FORM OF ACCOUNTS AND ADDITIONAL REQUIREMENTS
An objection must be filed with the Clerk before the Wednesday date specified in the notice.
If you desire to object, you must file that objection in writing with the Clerk prior to Wednesday, __________________, _______.
Page 16 | RULE 2.5: NOTICE AND ADVERTISEMENT
Anyone objecting to an estate transaction or matter must file written objections with the Clerk before the specified Wednesday.
If you have any objection to any transaction or matter involving the Estate, you must file written objections with the Clerk prior to Wednesday, ___________________, ______.
Page 17 | Orphans' Court Rules
New accounts must be submitted for audit on the first Wednesday of each month, as advertised under Sch. Co. O.C. Rule 2.5.
(a) New accounts shall be submitted for audit on the first Wednesday of each month, as advertised pursuant to Sch. Co. O.C. Rule 2.5.
Page 17 | RULE 2.6: FILING WITH THE CLERK
An account intended for a particular confirmation list must be filed by 4 P.M. on the fifth Wednesday immediately preceding the desired adjudication and confirmation Wednesday.
Accounts to appear on a particular confirmation list must be filed not later than 4 P.M. of the fifth Wednesday immediately preceding the Wednesday on which it is desired the account shall be submitted to the Court for adjudication and confirmation.
Page 17 | RULE 2.6: FILING WITH THE CLERK
The return of notice must be filed with the Clerk no later than the date set for the noticed event.
The return of notice shall be filed with the Clerk on or before the date set for the occurrence of the event of which notice has been given.
Page 20 | RULE 3.5: MODE OF PROCEEDING ON PETITION. CITATION PRACTICE.
Appraisers must file the appraisal with the Clerk within 30 days of appointment.
(1) The appraisers shall, within 30 days after their appointment, file with the Clerk an appraisal of the property claimed, and written notice of such filing shall be given to the personal representative and to the next of kin, or, if there be neither personal representative nor next of kin, to the Attorney General.
Page 22 | RULE 5.2: FAMILY EXEMPTION, APPRAISAL AND ALLOWANCE PRIOR TO AUDIT
Counsel must create the restricted account and file the affidavit of deposit with the Clerk within 30 days.
Counsel for petitioners is ORDERED to cause the restricted account to be created and to file an affidavit of deposit of minor’s funds within thirty (30) days with the Clerk.
Page 27 | Orphans' Court Rules
Service and Proof of Service Rules
The defendant must notify the District Attorney and Magisterial District Judge that the petition was filed.
Defendant shall give notice of such filing to the District Attorney and the Magisterial District Judge.
Page 5 | Pre-Preliminary Hearing Line-Up
For appeals from summary convictions, the Magisterial District Judge must send the transcript and required documents to the Clerk of Courts by certified mail, return receipt requested, with a transmittal letter.
In appeals from summary convictions, the Magisterial District Judge shall return the transcript filed with the Office of the Clerk of Courts together with the documents required by Pa.R.Crim.P. No. 460 by certified mail, return receipt requested, together with a letter of transmittal.
Page 6 | RULE 547 — TRANSCRIPT OF MAGISTERIAL DISTRICT JUDGE
The Magisterial District Judge must prepare the transcript and return it with the required documents to the Clerk of Courts by first-class mail or hand delivery.
The Magisterial District Judge shall prepare a transcript of the proceedings before him and return the same together with the documents required by Pa.R.Crim.P. No. 547 to the Office of the Clerk of Courts by first class mail or by hand delivery.
Page 6 | RULE 547 — TRANSCRIPT OF MAGISTERIAL DISTRICT JUDGE
Serve the form and any additional pages on all unrepresented parties and counsel of record.
This form and any additional pages must be served on all unrepresented parties and counsel of record.
Page 1 | Confidential Document Form
Serve the form and any additional pages on all unrepresented parties and counsel of record.
This form, and any additional pages, must be served on all unrepresented parties and counsel of record.
Page 2 | Instructions for Completing the Confidential Document Form
The Confidential Information Form and any additional pages must be served on all unrepresented parties and counsel of record.
This form, and any additional pages, must be served on all unrepresented parties and counsel of record.
Page 1 | CONFIDENTIAL INFORMATION FORM
Copies of the transcript request must be served as required by Pa.R.J.A. 4007(B).
Copies of this request must be served in accordance with Pa.R.J.A. 4007(B).
Page 1 | Request for Transcript or Copy
The moving party must serve the pleading, scheduling order, and conciliation questionnaire on all other parties and file compliant proof of service.
The moving party shall be responsible for service of a copy of the pleading, scheduling order and conciliation questionnaire upon all other parties pursuant to Pa.R.C.P. 402, and shall file a proof of service that complies with Pa.R.C.P. 1930.4(h).
Civil cases
Page 1 | RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
The party filing exceptions and a supporting brief must serve copies of both on all other parties.
A party who files exceptions to the hearing officer’s report pursuant to Pa.R.C.P. 1915.4-2(b)(4) shall contemporaneously file a supporting brief and serve a copy of the exceptions and brief on all other parties.
Civil cases
Page 4 | RULE 1915.4-2 PARTIAL CUSTODY. OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER
A party filing an opposition brief must serve a copy on the opposing parties.
Any party opposing exceptions to the hearing officer’s report shall, within twenty (20) days after being served with exceptions, file a brief in opposition thereto and serve the opposing parties with a copy thereof.
Civil cases
Page 4 | RULE 1915.4-2 PARTIAL CUSTODY. OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER
The moving party must immediately serve all interested parties with the original pleading, order, program brochure, and custody questionnaire, and file an affidavit verifying service.
The moving party shall immediately serve on all interested parties a copy of the original pleading, this order, the designated Parent Education Program Brochure which includes registration and information, and a custody conciliation questionnaire; and shall further file an affidavit verifying service.
Civil cases
Page 7 | III. GENERAL PROVISIONS
A motion to continue trial made before jury selection must be served on the opposing party.
All motions for continuance of trial made before jury selection shall be in writing, on forms approved by the Court and served on the opposing party.
Criminal cases
Page 4 | RULE 106 — CONTINUANCES
The District Attorney must serve the defendant with a copy of the Information in accordance with Pa.R.Crim.P. 576(B).
At the same time, the District Attorney shall serve a copy of the Information on the defendant in accordance with Pa.R.Crim.P. 576(B).
Criminal cases
Page 11 | RULE 571 — ARRAIGNMENT
An attorney whose name remains of record must be served with required notices and pleadings, and an attorney who properly enters an appearance receives notice of hearings, conferences, and orders.
As long as the name of the attorney remains in the record, he shall be considered as the attorney for the party for whom his appearance is entered and shall be served with all required notices and pleadings. Any attorney whose client has an interest in the proceeding may, by praecipe, enter an appearance as of record. Any attorney who has properly entered an appearance will receive notice of all hearings, conferences, and orders.
Page 10 | RULE 1.7: ATTORNEYS
Notices required to be published in a legal periodical must be published in the Schuylkill Legal Record.
The Schuylkill Legal Record shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, by Rule, or by Order of Court.
Page 10 | RULE 1.5C: SCHUYLKILL LEGAL RECORD
The Certificate must include a return of service for notice to all claimants and interested parties, and the notice must comply with Pa. O.C. Rule 2.5(a)–(g).
(3) A return of service of notice to all claimants and interested parties which notice shall comply with the requirements of Pa. O.C. Rule 2.5(a)–(g) with respect to an account.
Page 14 | RULE 1.8C: ACCOUNT CERTIFICATE
A corrected account must be provided to all interested parties.
The corrected account shall be given to all interested parties.
Page 15 | RULE 2.1: FORM OF ACCOUNTS AND ADDITIONAL REQUIREMENTS
The Clerk must publish notice of filed accounts and their submission date once weekly for two consecutive weeks immediately before presentation, and post the confirmation list in the Clerk's office.
The Clerk shall give notice of all accounts filed and of the date of submission to the Court for adjudication and confirmation. The notice shall be published once a week during two consecutive weeks immediately before the day on which the Accounts shall be presented for adjudication and confirmation in the legal publication designated by these rules and in one daily newspaper of general circulation published within Schuylkill County. The Clerk shall also post copies of the confirmation list in his office.
Page 16 | RULE 2.5: NOTICE AND ADVERTISEMENT
Receipts or disbursements received or made after filing the Account and Petition for Adjudication/Statement of Proposed Distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant(s) and filed with the Clerk with notice in the same manner as required by Pa. O.C. Rule 2.5 (a)–(g) with respect to an account.
Receipts or disbursements received or made after filing the Account and Petition for Adjudication/Statement of Proposed Distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant(s) and filed with the Clerk with notice in the same manner as required by Pa. O.C. Rule 2.5 (a)–(g) with respect to an account.
Page 16 | RULE 2.4. PETITIONS FOR ADJUDICATION AND STATEMENTS OF PROPOSED DISTRIBUTION; SUPPLEMENTS AND ADDITIONS
Proof of service of a citation by registered or certified mail must be an affidavit stating that true and correct copies of the specified papers were mailed to the respondent postage prepaid with return receipt requested; the available text cuts off while stating what else the affidavit must include.
Proof of service of a citation by registered or certified mail shall be by affidavit of the person making service, which shall set forth that true and correct copies of the citation, petition, and preliminary order awarding the citation were mailed to the respondent postage prepaid, return receipt requested, the date of
Page 20 | RULE 3.5: MODE OF PROCEEDING ON PETITION. CITATION PRACTICE.
The return must state the mailing address and include the signed return-receipt card that accompanied the letter.
mailing, the address to which notice was mailed and that attached to the return is the signed return receipt card which accompanied the letter.
Page 21 | Orphans' Court Rules
Proof of service by publication must include publication proofs and publisher affidavits stating the publication dates and newspaper or local periodicals.
(c) Proof of service of a citation by publication shall consist of proofs of publication together with affidavits by the publisher. It shall also set forth the date(s) and newspaper and/or local periodicals of publication
Page 21 | Orphans' Court Rules
Written notice that the appraisal was filed must be given to the personal representative and next of kin, or to the Attorney General if neither exists.
(1) The appraisers shall, within 30 days after their appointment, file with the Clerk an appraisal of the property claimed, and written notice of such filing shall be given to the personal representative and to the next of kin, or, if there be neither personal representative nor next of kin, to the Attorney General.
Page 22 | RULE 5.2: FAMILY EXEMPTION, APPRAISAL AND ALLOWANCE PRIOR TO AUDIT
After filing the petition, the petitioner must give the specified parties 20 days' written notice of the intention to request the exemption on a stated citation returnable date.
(1) The petitioner shall file a petition and thereupon shall give 20 days written notice of intention to request the exemption on a stated citation returnable date to the personal representative, if any, and to all persons adversely affected thereby who do not join in the prayer of the petition.
Page 22 | RULE 5.2: FAMILY EXEMPTION, APPRAISAL AND ALLOWANCE PRIOR TO AUDIT
If a next of kin's address or whereabouts is unknown, notice must be given as the Court directs.
If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court may direct.
Page 22 | RULE 5.2: FAMILY EXEMPTION, APPRAISAL AND ALLOWANCE PRIOR TO AUDIT
Where all interested parties adversely affected have joined in the prayer of the petition and 20 days prior notice of the filing of the petition has been given to the personal representative, if any, the petitioner may present the petition to the Court on a citation returnable date, whereupon, in the absence of objections and on presentation of a verified return of notice upon the personal representative, an appropriate decree may be entered.
Where all interested parties adversely affected have joined in the prayer of the petition and 20 days prior notice of the filing of the petition has been given to the personal representative, if any, the petitioner may present the petition to the Court on a citation returnable date, whereupon, in the absence of objections and on presentation of a verified return of notice upon the personal representative, an appropriate decree may be entered.
Page 23 | Orphans' Court Rules
The personal representative must serve the certified decree on all interested parties by certified or registered mail at least 20 days before the return day, and file return receipts on the return day.
(b) A copy of the interlocutory decree, duly certified, shall be served by certified or registered mail, by the personal representative, upon all interested parties, not less than 20 days before the return day fixed in the decree; proof of service of notice, in the form of return receipts, to be filed upon the return day.
Page 28 | RULE 5.9: PARTITION
Filing Fees and Waivers
Charges payable by the requestor may not exceed the rates prescribed in Pa.R.J.A. 4008(A)(1) and (D)(1).
Costs payable by requestor shall not exceed the rates prescribed in Pa.R.J.A. 4008(A)(1) and (D)(1).
Page 2 | IV. Transcript Delivery and Cost
The first requestor must pay for the original transcript and, if a personal copy is desired, the copy rate, subject to cost sharing with additional parties.
Note: The first requestor of a transcript is obligated to pay for the original transcript, which is filed with the court, plus the copy rate if the requestor desires a personal copy (subject to any cost sharing with additional parties).
Page 2 | IV. Transcript Delivery and Cost
Custody pleadings must be accompanied by payment of the designated filing and administrative fees.
The filing shall be accompanied by the payment of the designated filing and administrative fees.
Civil cases
Page 1 | RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
Interested parties must deposit the Court-fixed amount for fees and costs with the Clerk; failure to do so may result in dismissal of the issues or sanctions.
All interested parties shall deposit into the Clerk a payment on account of fees and costs in an amount to be fixed by the Court. Failure to deposit said funds as ordered may result in a dismissal of the issues or imposition of appropriate sanctions.
Page 43 | RULE 9.8: COMPENSATION AND SECURITY
In contested involuntary termination proceedings, each party must deposit a court-fixed payment for transcript and minor’s counsel fees, and the Court may assess additional fees and allocate costs.
(b) In every contested involuntary termination proceeding, Petitioner and Respondent shall each deposit into the Clerk’s office a payment on account for the transcript fees and for fees and costs of counsel for the minor in an amount to be fixed by the Court. Additional fees may be assessed, and said fees may be taxed as costs and may be ultimately charged against the interested parties as the Court deems appropriate.
Page 51 | Orphans' Court Rules
An applicant seeking a civil bench warrant must pay the filing fee and the Schuylkill County Sheriff’s fee.
Upon an Applicant’s filing in the Office of the Prothontary a Motion with a Proposed order in compliance with the Pa. Rules of Civil Procedure, seeking a Civil Bench Warrant, the Applicant shall pay the filing fee and the Schuylkill County Sheriff's fee.
Civil cases
Page 44 | RULE 234.1 CIVIL BENCH WARRANTS
The continuance application must be filed with the Prothonotary, and the continuance fee must be paid when it is filed.
The Application for Continuance must be filed with the Prothonotary and the Continuance Fee must be paid upon filing.
Civil cases
Page 60 | Rules of Civil Procedure
An appellant must pay the Prothonotary compensation for the arbitrators when filing an appeal.
In filing an appeal, the appellant shall make payment to the Prothonotary for compensation of the arbitrators.
Civil cases
Page 61 | RULE 1308 APPEAL COMPENSATION
Custody pleadings covered by this rule must be accompanied by the designated filing and administrative fees.
The filing shall be accompanied by the payment of the designated filing and administrative fees.
Civil cases
Page 72 | RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
A $15.00 fee is charged for filing the Alimony Pendente Lite complaint with the Domestic Relations Section.
A fee of $15.00 shall be charged for this filing.
Civil cases
Page 84 | Rule 1920.13 Pleading More Than One Cause of Action. Alternative Pleading
Before presenting a motion to appoint a Master, the moving party must deposit the applicable fees with the Prothonotary in the amount set by court order.
(g)(1) Before presenting a motion for appointment of a Master, the moving party shall deposit with the Prothonotary the applicable Master's fees for the issues raised in the amount as set by Order of Court.
Civil cases
Page 87 | RULE 1920.51 APPOINTMENT OF MASTER
If both parties file exceptions, they must share the transcript cost equally.
If both parties file exceptions to the Master’s report, they shall equally bear the cost of the transcript.
Civil cases
Page 91 | Sch.R.C.P. 1920.53(g)(3)(i)
The party who first moves for appointment of a Master must pay the court reporter’s appearance fee in a contested case.
In a contested case the testimony given at a Master's hearing shall be taken by an official court reporter who shall be paid an appearance fee by the party first moving for the appointment of the Master.
Civil cases
Page 91 | Sch.R.C.P. 1920.53(g)(1)
The party raising exceptions must deposit the transcript cost with the court reporter when requesting the transcript.
Within five (5) days after the filing of exceptions to the Master’s report, the party raising exceptions shall request a transcript of all the testimony pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of the transcript pursuant to Pa.R.J.A. 5000.6.
Civil cases
Page 91 | Sch.R.C.P. 1920.53(g)(3)
The ordering litigant must pay a 50% deposit by check payable to the County of Schuylkill and deliver it to the Chief Court Reporter.
the litigant ordering a transcript shall make partial payment in an amount of 50% of the estimated total cost of the transcripts. Deposit checks are to be made payable to the County of Schuylkill and shall be delivered to the Chief Court Reporter.
Page 11 | Transcripts
A check for the final transcript balance must be payable to the County of Schuylkill and delivered to the Chief Court Reporter.
Checks for the final balance are to be made payable to the County of Schuylkill and delivered to the Chief Court Reporter.
Page 11 | Transcripts
When an appeal notice or post-trial motion is filed and a transcript is required, the moving party must pay half the estimated cost to the Court Stenographer unless the State or County Government is liable.
(a) In all cases where a notice of appeal or post trial motion is filed, and a transcript is required, the moving party, except where the State or County Government is liable for the cost, shall be required to pay one-half of the estimated cost for the transcript to the Court Stenographer.
Page 13 | RULE 5000.6 TRANSCRIPT FEES - DEPOSIT
Reasonable costs of providing public access to records may be sought from the requester, including costs for postage, copying, electronic transmission, and duplication.
(1) Reasonable costs which may sought from the requester are those incurred in providing public access to records including, but not limited to, postage, photocopying, copying onto electronic media, transmission by facsimile or other electronic means, and other means of duplication.
Page 3 | Fees
Before granting access, the Records Manager may require prepayment of an estimated fee when the expected fees exceed $100.
Prior to granting any request for access, the Records Manager may require a requester to prepay an estimate of the fees associated with the request if the fees are expected to exceed $100.
Page 4 | Fees
A deposit may be required as determined by local rule.
A deposit determined by local rule may be required.
Page 1 | Request for Transcript or Copy
Reduced transcript rates are available to requestors who qualify when the cost would cause economic hardship.
If the cost of the transcript presents an economic hardship, there are reduced rates available to those who qualify.
Page 1 | Request for Transcript or Copy
Expedited, daily, and same-day transcript requests are available only where the judicial district or court reporter offers them.
Note: Expedited, Daily, and Same Day Requests are only available where provided by the judicial district or court reporter.
Page 2 | IV. Transcript Delivery and Cost
A requestor's transcript copy costs $0.50 per page for ordinary, $0.75 for expedited, $1.00 for daily, and $1.25 for same-day delivery.
Copy for Requestor: Yes No +$0.50 +$0.75 +$1.00 +$1.25 (cost per page)
Page 2 | IV. Transcript Delivery and Cost
Choosing hard-copy delivery adds $0.25 per page to the applicable page rate.
Manner of Delivery: Electronic (PDF) Format Hard copy (add $0.25 per page to page rates)
Page 2 | IV. Transcript Delivery and Cost
Original transcript costs per page are $2.50 for ordinary, $3.50 for expedited, $4.50 for daily, and $6.50 for same-day delivery.
Original Transcript: +$2.50 +$3.50 +$4.50 +$6.50 (cost per page)
Page 2 | IV. Transcript Delivery and Cost
Complex litigation and real-time feed services may incur extra charges if offered.
Other (if offered, extra charges may apply): Complex Litigation Real Time Feed
Page 2 | IV. Transcript Delivery and Cost
A hard copy of the transcript costs $0.25 per page.
+Hard Copy $0.25 X pages =$
Page 3 | For Court Use Only
Sealing & Redaction Procedures
The form is public, but attached documents are not publicly accessible unless the court orders otherwise.
This form shall be accessible to the public, however the documents attached shall not be publicly accessible, except as ordered by a court.
Page 1 | Confidential Document Form
This form, and any additional pages, shall remain confidential, except that it shall be available to the parties, counsel of record, the court, and the custodian.
This form, and any additional pages, shall remain confidential, except that it shall be available to the parties, counsel of record, the court, and the custodian.
Page 1 | CONFIDENTIAL INFORMATION FORM
The Abuse Victim Addendum and any additional pages may be provided only to the court and must remain confidential.
This addendum, and any additional pages, shall only be provided to the court and shall remain confidential.
Page 5 | Abuse Victim Addendum
The Prothonotary must seal the Conciliation Officer’s report from everyone except the Court and the parties.
A report by the Conciliation Officer will be filed with the Prothonotary, who shall seal the report to all except the Court and the parties.
Civil cases
Page 4 | RULE 1915.4(a) PROMPT DISPOSITION OF CUSTODY CASES – CONCILIATION
The Prothonotary must seal the Conciliation Officer’s report from everyone except the Court and the parties.
A report by the Conciliation Officer will be filed with the Prothonotary, who shall seal the report to all except the Court and the parties.
Civil cases
Page 75 | Rules of Civil Procedure
Exhibits sealed by the Court during a proceeding must not be accessible to the public.
(b) Exhibits sealed by the Court during the Court proceeding shall not be accessible by the public.
Page 16 | RULE 5105. CONFIDENTIALITY. EXHIBITS UNDER SEAL.
A confidential exhibit accompanied by the required Policy-compliant form may be sealed by the Records Office.
(a) The Proponent of an exhibit containing confidential information or confidential documents, as defined in the Case Records Access Policy of the Unified Judicial System of Pennsylvania (Policy), shall include a confidential document form, prepared in compliance with the Policy, so the exhibit may be sealed by the Records Office.
Page 16 | RULE 5105. CONFIDENTIALITY. EXHIBITS UNDER SEAL.
If a filed document does not comply with the policy, a court of record may order it sealed on motion or on its own initiative, with or without a hearing; a magisterial district court may do so on request or on its own initiative.
If a filed document fails to comply with the above referenced policy, a court of record may, upon motion or its own initiative, with or without a hearing, order the filed document sealed; a magisterial district court may do so upon request or its own initiative.
Page 2 | Instructions for Completing the Confidential Document Form
For a noncompliant filing, a court may order sealing, redaction, or amendment and may impose sanctions; a magisterial district court may redact or amend the filing.
If a filed document fails to comply with the requirements of the above referenced policy, a court of record may, upon motion or its own initiative, with or without a hearing, order the filed document sealed, redacted, amended or any combination thereof; a magisterial district court may, upon request or its own initiative, redact, amend or both. A court of record may impose sanctions, including costs necessary to prepare a compliant document for filing in accordance with applicable authority.
Page 4 | Instructions for Completing the Confidential Information Form
Confidential information should be provided to the court only when required by law, ordered by the court, or necessary to resolve the matter.
The best way to protect confidential information is not to provide it to the court. Therefore, only provide confidential information to the court when it is required by law, ordered by the court or is otherwise necessary to effect the disposition of a matter.
Page 5 | Abuse Victim Addendum
Filing Bundling Requirements
A party filing exceptions must file its supporting brief at the same time and serve both the exceptions and brief on all other parties.
A party who files exceptions to the hearing officer’s report pursuant to Pa.R.C.P. 1915.4-2(b)(4) shall contemporaneously file a supporting brief and serve a copy of the exceptions and brief on all other parties.
Civil cases
Page 76 | RULE 1915.4-2
In a contested matter, the court reporter’s transcript may be separate from the other papers if it is filed at the same time.
Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time;
Civil cases
Page 92 | Sch.R.C.P. 1920.53(j)(3)
Pre-Motion Conference Requirements
Defense counsel seeking pretrial discovery and inspection must arrange and hold an informal conference with the District Attorney’s Office within 14 days after arraignment.
Defense counsel desiring pre-trial discovery and inspection under Pa.R.Crim.P. No. 573 shall make an appointment and hold an informal conference with the District Attorney's Office within fourteen (14) days after arraignment for that purpose.
Criminal cases
Page 12 | RULE 573 — PRE-TRIAL DISCOVERY AND INSPECTION
Before seeking pre-trial disclosure or discovery, the requested material must have been discussed at an informal conference that proved unsuccessful.
All motions for pre-trial disclosure or discovery shall set forth the fact that an informal conference to discuss the requested material has taken place and proved unsuccessful.
Criminal cases
Page 13 | RULE 578 CONTENTS OF OMNIBUS PRE-TRIAL MOTIONS
The respondent must file a memorandum opposing preliminary objections within 20 days after service of the moving party's brief.
Respondent's memorandum of law contra the preliminary objections shall be filed within twenty (20) days after service of the brief of the moving party, and shall contain a certification of service upon the moving party.
Civil cases
Page 53 | RULE 1028(c) PRELIMINARY OBJECTIONS.
An opposing party must file its answer and brief within 20 days after service of the original motion for judgment on the pleadings.
The answer and brief of any opposing party shall be filed within twenty (20) days from the date of service of the original motion.
Civil cases
Page 54 | RULE 1034(a) MOTION FOR JUDGMENT ON THE PLEADINGS.
A party or attorney may request oral argument in a controversial proceeding, and the Court may require it; otherwise, the Court decides the issues on briefs under its briefing schedule.
Any party or his attorney may request oral argument upon a motion or issue involved in any controversial proceeding and the Court shall have the right to require oral argument. Unless oral argument is requested or specifically directed, the Court will decide the issues on briefs as submitted, per the briefing schedule set by the Court.
Page 19 | RULE 3.1: PETITIONS GENERALLY.
After receiving a post-trial-relief motion, the Trial Judge may schedule a conference to resolve disputes over the trial record; if the parties cannot agree, the Judge must designate the portions to be transcribed, assign transcription costs, and establish a briefing schedule.
(c) Upon receipt of a Motion for Post-trial Relief, the Trial Judge may promptly schedule a conference of counsel to resolve any dispute between the parties as to the portion of the trial record required for the disposition of the motion. If parties cannot agree, the Trial Judge shall enter an order designating the portions to be transcribed and assigning the costs of transcription. The Judge shall also at that time establish a briefing schedule.
Civil cases
Page 43 | RULE 227.1 POST-TRIAL MOTIONS
In domestic relations and paternity cases, preliminary objections do not delay Domestic Relations Office hearings or interviews and are determined when a hearing before a judge or jury is required.
Preliminary objections filed in domestic relations and paternity cases shall not be cause for delay in hearings or interviews scheduled by the Domestic Relations Office. Such objections will be determined by the Court when and if hearings before a Judge and/or a jury are required for adjudication of the issues involved in the petition or complaint.
Civil cases
Page 54 | RULE 1028(c) PRELIMINARY OBJECTIONS.
A party unable to coordinate depositions or other discovery despite reasonable, good-faith efforts may file a motion for a scheduling conference.
A party may, with respect to discovery-related issues, file a motion for scheduling conference with the Court when the party is unable to coordinate the scheduling of depositions or other discovery despite reasonable and good faith efforts to do so.
Civil cases
Page 35 | RULE 208.2(e) MOTION. DISCOVERY-RELATED ISSUES.
The Court may require or allow further briefing when appropriate.
The Court may require or permit further briefing, if appropriate.
Civil cases
Page 36 | RULE 208.3(b) MOTION PROCEDURE. RESPONSE REQUIRED.
A party may request oral argument on preliminary objections, which the assigned judge may schedule; the judge may instead decide the objections on the briefs.
The Judge to whom the preliminary objections are assigned may, if requested, set the matter for oral argument, or may dispose of the objections on the briefs submitted.
Civil cases
Page 54 | RULE 1028(c) PRELIMINARY OBJECTIONS.
Adjournment & Extension Requirements
A continuance request for a preliminary hearing must be submitted in writing on the specified form and signed by the defendant and counsel, if any; it may be faxed to the Magisterial District Judge.
(a) Every request for continuance of a preliminary hearing shall be submitted in writing on a form obtained from the Magisterial District Judge or Criminal Court Administrator and shall be signed by the defendant and his/her counsel if any. The form may be submitted to the Magisterial District Judge by fax
Page 4 | RULE 543 — CONTINUANCES OF PRELIMINARY HEARINGS
The Magisterial District Judge may grant each party one continuance upon cause shown.
Each party may be granted one continuance by the Magisterial District Judge upon cause shown.
Page 5 | RULE 543 — CONTINUANCES OF PRELIMINARY HEARINGS
An initial continuance requested by either party may not exceed 21 days.
Any such initial continuance, made at the request of either party, shall not be for more than twenty-one (21) days.
Page 5 | RULE 543 — CONTINUANCES OF PRELIMINARY HEARINGS
A continuance requested by the other party, if granted, may not exceed 14 days.
A continuance request submitted by the party not requesting the initial continuance, if granted by the Magisterial District Judge, shall not be for more than fourteen (14) days.
Page 5 | RULE 543 — CONTINUANCES OF PRELIMINARY HEARINGS
The Magisterial District Judge may not grant more than one continuance to each party.
The Magisterial District Judge is prohibited from granting more than one continuance to each party.
Page 5 | RULE 543 — CONTINUANCES OF PRELIMINARY HEARINGS
A subsequent continuance may be granted only by the President Judge or designee, after the approved continuance form is completed and just cause is shown on it.
Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.
Page 5 | RULE 543 — CONTINUANCES OF PRELIMINARY HEARINGS
After receiving notice that the line-up petition was filed, the Magisterial District Judge must continue the case for at least two weeks so the petition can be decided.
When a Magisterial District Judge has been notified of the filing of such petition, he shall continue the case for at least two (2) weeks to allow for the disposition of the petition.
Page 5 | Pre-Preliminary Hearing Line-Up
Counsel must promptly seek a continuance when a scheduling conflict or emergency is known or should be known, or within 24 hours after discovering an emergency; emergency circumstances must be explained in writing and scheduling-conflict requests must include the attachment notice.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
Civil cases
Page 1 | RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
A continuance request must state its reasons, whether it is opposed, the number of prior continuances, and counsel’s certification that the client was informed.
The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, the number of times the case has been previously continued and a certification by counsel that his/her client has been informed about the request for continuance.
Civil cases
Page 1 | RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
Counsel and self-represented litigants must check their schedules immediately and promptly request a continuance when a prior attachment or emergency creates a conflict.
Counsel and pro se litigants without counsel are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation.
Civil cases
Page 7 | III. GENERAL PROVISIONS
Continuance requests for a Custody Conciliation Conference must use the court's application form and be filed with the Prothonotary; a continuance is granted only for good cause.
All requests for a continuance of a Custody Conciliation Conference must be made on the APPLICATION FOR CONTINUANCE form available from the offices of the Court Administrator, Custody Conciliator or Prothonotary in the Schuylkill County Courthouse. The application must be filed in the Prothonotary Office. A continuance will be granted only upon good cause shown.
Civil cases
Page 7 | III. GENERAL PROVISIONS
A continuance request for a Custody Conference or Hearing must use the court-established form, be filed with the Prothonotary, and be immediately transmitted to the Custody Conciliation Office.
A request for a continuance of a Custody Conference or Hearing shall be on the Continuance Form established by the Court. The Continuance Form shall be filed in the Prothonotary’s Office and immediately transmitted to the Custody Conciliation Office. Continuance forms are available from the Prothonotary or Court Administrator’s Office.
Civil cases
Page 8 | RULE 1915.17 CUSTODY CONFERENCE CONTINUANCE
Before jury selection, a motion to continue trial must be made in writing on a Court-approved form.
All motions for continuance of trial made before jury selection shall be in writing, on forms approved by the Court and served on the opposing party.
Criminal cases
Page 4 | RULE 106 — CONTINUANCES
The hearing may be extended only upon application to the Court showing good cause.
The hearing shall be held at a time and place indicated and not later than 45 days after the Auditor's or Master's appointment and shall be extended only upon application to the Court for good cause shown.
Page 41 | RULE 9.1: NOTICE OF HEARINGS.
A continuance may be granted only by the assigned judge and only upon a showing of good cause.
Continuances shall be granted only by the assigned judge and only for good cause shown.
Civil cases
Page 40 | RULE 212.3 CASES CERTIFIED FOR TRIAL
Counsel must promptly seek a continuance when a known or discoverable conflict or emergency requires one; emergency circumstances must be explained in writing, and a scheduling-conflict request must include the conflict attachment notice.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
Civil cases
Page 41 | Rules of Civil Procedure
A continuance request must state whether it is opposed, how many prior continuances there have been, and the reason for the request.
The movant shall comply with Pa.R.C.P. 216, state whether the request is opposed, indicate the number of times the case has been previously continued and specify the reason for the request.
Civil cases
Page 41 | Rules of Civil Procedure
A continuance requested within 20 days of an arbitration hearing may be granted only with the President Judge’s or designee’s approval and upon exigent circumstances.
Continuances within 20 days of an arbitration hearing shall not be granted without approval of the President Judge or his designees and only upon exigent circumstances.
Civil cases
Page 60 | Rules of Civil Procedure
Continuance requests should be submitted to the Prothonotary at least twenty (20) days before such hearing and after written notice of such application has been provided to the opposing counsel. The application shall indicate the number of continuances previously requested, and whether or not the continuance is opposed.
Continuance requests should be submitted to the Prothonotary at least twenty (20) days before such hearing and after written notice of such application has been provided to the opposing counsel. The application shall indicate the number of continuances previously requested, and whether or not the continuance is opposed.
Civil cases
Page 60 | Rules of Civil Procedure
A support-conference continuance request must be submitted in writing to the Domestic Relations Director on the Court's form and state its reasons, whether it is opposed, the number of prior continuances, and counsel's certification that the client was informed.
A request for continuance of a support conference shall be made in writing to the Domestic Relations Director on a form established by the Court. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, the number of times the case has been previously continued, and a certification by counsel that his/her client has been informed about the request for continuance.
Civil cases
Page 67 | RULE 1910.11 OFFICE CONFERENCE. REQUEST FOR CONTINUANCE.
A support-hearing continuance request must be submitted in writing to the Hearing Officer on the Court's form and state its reasons, whether the other party is opposed, and the number of prior continuances.
A request for continuance of a support hearing shall be made in writing to the Hearing Officer on a form established by the Court. The request shall include a statement of the reasons for the request, whether the other party is opposed or unopposed, and the number of times the case has been previously continued.
Civil cases
Page 68 | RULE 1910.12 OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER.
A continuance request must state its reasons, whether it is opposed, the number of prior continuances, and counsel’s certification that the client was informed.
The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, the number of times the case has been previously continued and a certification by counsel that his/her client has been informed about the request for continuance.
Civil cases
Page 72 | RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
Counsel must promptly request a continuance when a conflict is or should be known, or within 24 hours after discovering emergency circumstances; emergencies must be explained in writing and scheduling-conflict requests must include the conflict attachment notice.
necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
Civil cases
Page 73 | Rules of Civil Procedure
Counsel and unrepresented parties must promptly seek a continuance when a scheduling conflict makes one necessary, using the specified form filed with the Prothonotary; a continuance is granted only for good cause.
Counsel and pro se litigants without counsel are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. All requests for a continuance of a Custody Conciliation Conference must be made on the APPLICATION FOR CONTINUANCE form available from the offices of the Court Administrator, Custody Conciliator or Prothonotary in the Schuylkill County Courthouse. The application must be filed in the Prothonotary Office. A continuance will be granted only upon good cause shown.
Civil cases
Page 79 | III. GENERAL PROVISIONS
A continuance request for a Custody Conference or Hearing must use the Court’s form, be filed with the Prothonotary and immediately transmitted to the Custody Conciliation Office; it must state the reasons, whether it is opposed, and the number of prior requests.
A request for a continuance of a Custody Conference or Hearing shall be on the Continuance Form established by the Court. The Continuance Form shall be filed in the Prothonotary’s Office and immediately transmitted to the Custody Conciliation Office. Continuance forms are available from the Prothonotary or Court Administrator’s Office. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, the number of times the case has been previously
Civil cases
Page 80 | RULE 1915.17 CUSTODY CONFERENCE CONTINUANCE.
A continuance request must be made when a conflict is or should be known, or within 24 hours after emergency circumstances are discovered.
Continuance requests shall be made as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances.
Civil cases
Page 81 | Rules of Civil Procedure
When a prior attachment or emergency makes a continuance necessary, counsel must request it promptly; failure to do so may result in contempt.
In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court.
Civil cases
Page 81 | Rules of Civil Procedure
Chambers Communication Rules
An incarcerated party who elects telephone participation must arrange it through prison personnel, provide the Custody Conciliation Office a telephone number and contact person, and notify the office with contact information at least 48 hours before the conference.
YOU ARE RESPONSIBLE FOR ARRANGING THE TELEPHONE CONFERENCE THROUGH THE APPROPRIATE PRISON PERSONNEL ONCE YOU ARE NOTIFIED OF THE DAY AND TIME OF THE CONFERENCE. YOU MUST PROVIDE THE CUSTODY CONCILIATION OFFICE WITH A TELEPHONE NUMBER AND A CONTACT PERSON SO THAT THE CUSTODY CONCILIATION OFFICE CAN CONTACT THE PERSON AT THE SCHEDULED TIME FOR THE CUSTODY CONFERENCE. IN THE EVENT THAT YOU ELECT TO PARTICIPATE IN THE CONFERENCE VIA TELEPHONE CONFERENCE YOU MUST NOTIFY OUR OFFICE WITH THE APPROPRIATE CONTACT INFORMATION AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED CONFERENCE.
Civil cases
Page 8 | IV. INMATE PROVISIONS
Trial counsel must notify opposing counsel at the same time they make the required trial designations.
Trial counsel shall contemporaneously also notify opposing counsel.
Civil cases
Page 40 | RULE 212.3 CASES CERTIFIED FOR TRIAL
Plaintiff’s counsel must promptly notify the assigned judge of a settlement or discontinuance, and continuances may be granted only by that judge for good cause.
(c) There shall be no call of the civil jury trial list. In the event of a settlement or discontinuance, counsel for plaintiff shall promptly notify the assigned judge. Continuances shall be granted only by the assigned judge and only for good cause shown.
Civil cases
Page 40 | RULE 212.3 CASES CERTIFIED FOR TRIAL
At the pre-trial conference, counsel must advise the Court of any pending case arising from the same facts or circumstances as a case on the trial list.
It shall be the duty of counsel at the pre-trial conference to advise the Court of any pending case that arises out of the same facts or circumstances as the case on the trial list.
Civil cases
Page 40 | RULE 213 CONSOLIDATION AND SEVERANCE OF ACTIONS AND ISSUES
If counsel learns after trial is listed that counsel will be engaged elsewhere, counsel must promptly notify opposing counsel and the Court.
When it is known subsequent to the listing of the trial, that counsel will be engaged, counsel shall forthwith notify opposing counsel and the Court of such engagement.
Civil cases
Page 41 | RULE 216.2 CONFLICT OF COUNSEL
Counsel must immediately notify the Court Administrator when a class action complaint is filed and forward a copy for assignment to a judge.
(a) Counsel for the plaintiff(s) shall immediately notify the Court Administrator that a class action complaint has been filed and shall forward a copy of the Complaint to the Court Administrator for assignment of the action to a judge.
Civil cases
Page 65 | RULE 1703 COMMENCEMENT OF CLASS ACTION. ASSIGNMENT OF JUDGE.
An incarcerated party electing telephone participation must notify the office with contact information at least 48 hours before the scheduled conference.
IN THE EVENT THAT YOU ELECT TO PARTICIPATE IN THE CONFERENCE VIA TELEPHONE CONFERENCE YOU MUST NOTIFY OUR OFFICE WITH THE APPROPRIATE CONTACT INFORMATION AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED CONFERENCE.
Civil cases
Page 80 | IV. INMATE PROVISIONS
An incarcerated party who participates by telephone must arrange the conference through prison personnel and provide the Custody Conciliation Office with a telephone number and contact person.
THE SCHUYLKILL COUNTY CUSTODY CONCILIATION OFFICE WILL AFFORD YOU THE OPPORTUNITY TO HAVE INPUT VIA TELEPHONE AT THE CONFERENCE WITH THE CUSTODY CONCILIATOR. YOU ARE RESPONSIBLE FOR ARRANGING THE TELEPHONE CONFERENCE THROUGH THE APPROPRIATE PRISON PERSONNEL ONCE YOU ARE NOTIFIED OF THE DAY AND TIME OF THE CONFERENCE. YOU MUST PROVIDE THE CUSTODY CONCILIATION OFFICE WITH A TELEPHONE NUMBER AND A CONTACT PERSON SO THAT THE CUSTODY CONCILIATION OFFICE CAN CONTACT THE PERSON AT THE SCHEDULED TIME FOR THE CUSTODY CONFERENCE.
Civil cases
Page 80 | IV. INMATE PROVISIONS
People seeking information about accessibility or reasonable accommodations should contact the court office, and all arrangements must be made at least 72 hours before a hearing or other court business.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
Civil cases
Page 7 | III. GENERAL PROVISIONS
The responsible party must advise the Custody Conciliation Officer of the appeal and the President Judge’s decision.
responsibility to advise the Custody Conciliation Officer of the appeal and of the President Judge’s decision.
Civil cases
Page 9
Arrangements for taking and transcribing stenographic notes must be made exclusively through the Court Reporters Office.
Arrangements for the taking and transcription of stenographic notes shall be made exclusively through the Court Reporters Office of the Schuylkill County Court of Common Pleas.
Civil cases
Page 46 | RULE 301(d)(3) STENOGRAPHIC NOTES
A complaint may be submitted by mail or fax to the Criminal Court Administrator at the stated courthouse address.
The complaint may be submitted by mail or fax to: Criminal Court Administrator Schuylkill County Courthouse 401 North Second Street Pottsville PA 17901 Phone: 570-628-1334 Fax: 570-628-1108
Page 8 | E. Filing a Complaint
Requests for copies of filed transcripts must be directed to the Chief Court Reporter, and the Court Reporters’ Office produces the copies.
All requests for copies of filed transcripts shall be directed to the Chief Court Reporter and produced by the Court Reporters’ Office.
Page 13 | Copies of transcript
Written records-access requests may be submitted in person, by mail, email, or fax using the applicable contact information provided.
The written request may be submitted in person, by mail, e-mail, or facsimile using the following address, email, or facsimile number, as may be applicable: Court Administrator Schuylkill County Courthouse 401 North Second Street Pottsville, PA 17901 CourtRule509@schuylkillcountypa.gov (570) 628-1108 (fax)
Page 2 | Procedure for Requesting Access
Magisterial District Court Offices are open for regular business weekdays, excluding holidays, from 8:30 a.m. to 4:30 p.m., but the President Judge may approve different hours to meet public and Court needs.
Each Magisterial District Court Office shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m. The times may be modified upon approval of the President Judge to meet the needs of the public and the Court.
Criminal cases
Page 4 | RULE 117 — MAGISTERIAL DISTRICT COURT COVERAGE
Either party may request that a trial date be set at any time.
Either party may at any time request that a trial date be set.
Criminal cases
Page 11 | Rules of Criminal Procedure
Parties who live outside Schuylkill County and cannot attend the scheduled program may contact the presenter about alternative programs or scheduling.
(3) Parties residing outside of Schuylkill County may contact the presenter for possible alternative programs or alternative scheduling if they are unable to attend the scheduled program.
Civil cases
Page 74 | Rules of Civil Procedure
Written requests for access may be submitted using the listed contact information and available methods.
The written request may be submitted in person, by mail, e-mail, or facsimile using the following address, email, or facsimile number, as may be applicable: Court Administrator Schuylkill County Courthouse 401 North Second Street Pottsville, PA 17901 CourtRule509@schuylkillcountypa.gov (570) 628-1108 (fax)
Page 3 | RULE 509 PUBLIC ACCESS POLICY TO FINANCIAL RECORDS
A complaint may be submitted by fax or mail to the Criminal Court Administrator at the stated address or fax number.
The Complaint may be faxed or mailed to the following: Criminal Court Administrator Schuylkill County Courthouse 401 North Second Street Pottsville PA 17901 Fax: 570-628-1108
Page 10 | H. Form of Complaint