Court of Common Pleas of Tioga County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Preliminary Objections
Adjournments
- Continuance motions generally must be made in writing or on the record in open court and presented at least 10 days before the proceeding; later requests require previously unknown or not reasonably ascertainable substantial reasons, and the motion must identify prior continuances. A request based on another Court of Common Pleas proceeding generally requires an earlier-issued scheduling order, which must be attached.
Document Format Requirements8 rules
A proposed order, in the form prescribed by Pa. R.C.P. 206.6(c), shall be attached to the petition.
A Praecipe for Trial must substantially follow Rule TC-212.1, and the Pre-Trial Conference must be scheduled at least 30 days after the praecipe is filed.
Court's wording
Upon the filing of a Praecipe for Trial which shall be substantially in the form set forth in Rule TC-212.1, the Court Administrator shall schedule a date and time certain for a Pre-Trial Conference which date shall not be less than thirty (30) days after the filing date.
The form of notice shall substantially comply with the sample notice set forth in Appendix I including such cautionary clauses as are applicable. (See Appendix I).
The statement of Proposed Distribution shall be in compliance with the form set for in Appendix II.
Preliminary objections should not be filed in duplicate or by facsimile transmission.
A motion for judgment on the pleadings should not be filed in duplicate or by facsimile transmission.
A motion for summary judgment should not be filed in duplicate or by facsimile transmission.
Accountant’s legal copies of ledgers and print-outs may be used to state an account. If these contain abbreviations, code numbers and symbols shall be explained.
Document Filing Requirements63 rules
A petition seeking the issuance of a rule to show cause shall be filed in the Prothonotary’s Office. A proposed order, in the form prescribed by Pa. R.C.P. 206.6(c), shall be attached to the petition.
- Document
- Petition
Must include
- •Proposed order
All Motions shall be filed with the Prothonotary’s Office and shall include a proposed scheduling order.
The moving party in all post-trial or post-hearing motions shall, if the argument relates to the testimony presented, arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.
If the motion is based on conflict with a matter scheduled in another Court of Common Pleas, the scheduling order from the other Court of Common Pleas shall be attached to the motion.
A Pre-Trial Memorandum substantially in the form set forth in Rule TC-212.2 shall be prepared and submitted by all parties at the time of the conference with copies provided to all other parties.
Both parties’ pre-trial memoranda call for witness, exhibit, expert, legal-issue, trial-time, stipulation, and plan or plot information; in negligence cases, an accident drawing or plot must be submitted at the pre-trial conference.
- Document
- Pretrial memorandum
Must include
- •Exhibit list
Court's wording
(Both Plaintiff & Defendant) 4. The names and addresses of all witnesses to be called, including a designation as to whether the witness will testify to liability or damages. 5. A list of exhibits to be offered, including a brief description of each. 6. A summary of expected expert testimony if the expert will testify in person and a copy of expert’s report. 7. Legal issues or questions which will likely require ruling by the Court, together with any citations which will support rulings to be requested. 8. Estimated time for trial of the case. 9. Any legal or factual issues to which the parties will stipulate. 10. A copy of any plan or plot to be introduced into evidence. In negligence cases, there shall be drawing or plot of the accident submitted at the pre-trial conference.
The agency to be named in all Notices to Defend from whom legal help may be obtained shall be: North Penn Legal Services 1-800-326-7436
Preliminary objections must include a statement of authority citing a supporting statute, court rule, or case; it may be a contemporaneously filed brief or, for non-complex objections, appear in the objections themselves.
Court's wording
All preliminary objections shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the preliminary objections or, if the preliminary objections do not raise complex legal or factual issued, in the body of the preliminary objections.
All preliminary objections shall be filed with the Prothonotary and shall include a proposed scheduling order.
The court will take no action until the preliminary objections have been filed of record.
The court will take no action until the motion has been filed of record.
A motion for judgment on pleadings and a brief in support thereof shall be filed with the Prothonotary and shall include a proposed scheduling order.
A motion for summary judgment and a brief in support thereof shall be filed with the Prothonotary and shall include a proposed scheduling order.
Referral to arbitration shall be accomplished by the filing of a Praecipe for Arbitration substantially in the form set forth in Rule TC-1301.1, or by order when the Court determines that proper jurisdiction of a civil action lies before arbitrators.
(1) That the amount in controversy is within the limits set forth in 42 Pa. C.S. A. 7361 (2) That the matter does not involve title to real estate. (3) That the matter does not require equitable or declarator relief.
If an agreement is reached, it shall be reduced to writing, signed by all parties and submitted to the Court for approval and order.
There shall be attached to the account, the affidavit of notice which shall contain the names and addresses of all parties to whom the accountant gives notice.
Every fiduciary filing an account shall file a statement of proposed distribution containing the names of the distributee, the amount or share awarded to each and a brief statement of the nature of, and the reasons for, the proposed awards in such distribution.
When no schedule of proposed distribution has been filed with the account, the accountant’s notice to interested parties must substantially follow the prescribed form.
Court's wording
The form of notice to be given by the accountant to all interested parties shall be substantially as follows: (CAPTION) You are hereby notified that the Accountant filed an account and requested the appointment of an auditor to determine the distribution to be made of the funds in the hands of the accountants, and to decide any questions of law or fact. You will be notified of the date, time and place of any hearings. ____________________________________ (Accountant or his counsel) ____________________________________ (Address) ____________________________________ (Telephone Number)
The statement of proposed distribution of a personal representative shall be attached to the account and shall be filed in the office of the Register of Wills or the Clerk of the Court.
Objections must be written, filed between the account’s filing and confirmation dates, and copied to the listed persons or their attorneys and the Court Administrator.
Court's wording
All objections shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court, as the case may be, between the date of the filing of the account and the date of its confirmation, and with a copy to each person listed on the affidavit of notice or his attorney and a copy to the Court Administrator.
The specified fiduciaries must attach the proposed distribution statement to the account and file it with the Clerk of the Orphans’ Court Division.
Court's wording
The statement of proposed distribution of a trustee, guardianship of a minor, guardian of an incompetent, or custodian under the Uniform Gift to Minors Act, shall be attached to the account and filed with the Clerk of the Orphans’ Court Division of the Court of Common Pleas.
In lieu of filing a statement of proposed distribution, a fiduciary shall file at the same time he files his account a written request, by motion, that distribution be determined by the Court or an auditor.
All exceptions shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court between the date of the filing of the account and the date of its confirmation and with a copy to each person listed on the affidavit of notice or his attorney, the Register of Wills and the Court Administrator.
A petition and order of Court will only be required when an appraisal of personal property or real estate is necessary.
Appeals taken from the judicial actors or proceedings of the Register shall be addressed to the Orphans’ Court Division Common Pleas of Tioga County, but filed with the register; shall specify the points upon which based; and shall set forth the names of all interested parties and the necessary jurisdictional facts.
The notice must state that, absent exceptions or objections, the report will be confirmed 20 days after it is filed.
Court's wording
At the time of filing the report, an auditor or master shall give notice of the filing of his report to all parties in interest and shall state that in the absence of exceptions or objections his report will be confirmed twenty (20) days after the date on which the auditor or master shall have filed his report.
Extension of Time. A petition for the extension of time in which the surviving spouse may file an election to take against the Will shall include the requirements for a petition under Rule 12.3.
A personal representative’s petition for public sale of real property must state the listed facts in separate paragraphs, in addition to Rule 12.9’s requirements.
Court's wording
When it is required that a personal representative petition the Court to sell real property at public sale, the petition (in addition to requirements of Rule 12.9) shall set forth also in separate paragraphs. (1) the name, residence and date of death of the decedent, whether he died testate or intestate; and the date of the grant of letters; (2) that the personal representative is not otherwise authorized to sell by the Act; or is not authorized or is denied the power to do so by the Will, or that it is desirable that the sale have the effect of a judicial sale, state and reasons; (3) whether an inventory and appraisement has been filed; the total value of the property to be sold was included therein; (4) if the personal representative entered bond with the Register, the name of the surety and the amount of such bond; (5) the names and relationships of all parties in interest, a brief description of their respective interests; whether any of them are minors, incompetents or deceased, and if so, the names of their fiduciaries, if any; (6) the improvements on the property, by who it is occupied, its rental value and current tax assessment; and (7) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
A trustee’s petition for public sale of real property must state the listed facts in separate paragraphs, in addition to Rule 12.9’s requirements.
Court's wording
When it is required that a trustee petition the Court to sell real property at public sale, the petition (in addition to requirements of Rule 12.9) shall also set forth in separate paragraphs: (1) how title was acquired, stating the date and place of probate of the will or recording of the deed, or a reference to the Trust instrument. (2) a recital of the relevant provisions of the Will, Trust, instrument of deed pertaining to the real property to be sold and of the history of the trust; (3) the names and relationships of all parties in interest; a brief description of their respective interests; whether any of them are minors, incompetents or deceased, and if so, the names of their fiduciaries, if any;
A guardian's petition for public sale of a minor's real property must state the specified information in separate paragraphs and, when there are no known eligible next of kin, include proof of public notice as an exhibit.
Court's wording
(C) Guardian of a Minor. When it is required that a guardian petition the Court to sell real property at public sale, the petition (in addition to requirements of Rule 12.9) shall also set forth in separate paragraphs: (1) the age of the minor; (2) the names of his next of kin and the notice given to them of the presentation of the petition. When there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with Rule 12.1 (A) (3) (b) (ii) must be given and proofs thereof must be attached to the petition as an exhibit; (3) how title was acquired, stating the date and place of probate of the will or recording of the deed; (4) a recital of the provisions of the will, deed or trust instrument relating to the real property to be sold; (5) the nature and extent of the interest of the minor, and of other persons in the real property; (6) the improvements on the property, by whom it is occupied, its rental value and current tax assessment; and (7) sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the minor.
A petition by a personal representative, trustee, or guardian to sell real property at public sale must attach the listed instruments, consents or joinders and notices, and any required mortgagee consent.
Court's wording
(D) Public Sale. Exhibits. The following exhibits shall be attached to be a petition by a personal representative, trustee or guardian to sell real property at public sale; (1) a copy of the will, deed, trust instrument or decree by which the fiduciary was appointed; and (2) any consents or joinders of parties in interest and the names and copy of the notice which has been given to these parties who do not consent or join; and (3) consent by any mortgage whose lien would otherwise not be discharged by the sale.
The practice shall be by petition with citations attached to be served upon the incompetent which shall state the date, time and place of hearing, which hearing shall be not less than ten (10) days hence.
A return of a public sale of real property for court approval or confirmation must be an affidavit stating the Rule 5.1 information, the advertisement, the price, and the purchaser's name, address, and status as highest bidder.
Court's wording
(2) Return. Returns of public sale of real property for the purpose of approval or confirmation by the Court shall be in the form of an affidavit, which shall set forth: (a) the information required by Rule 5.1 and the advertisement made; (b) the price obtained; and (c) the name and address of the purchaser and that he was highest bidder.
The fiduciary or his counsel shall file with his account and statement of proposed distribution, a statement setting forth all of the efforts that have been made to locate the distributee.
A proposed decree shall be prepared and presented to the Court in substantially the form set forth below:
At the conclusion of the hearing for adoption, the attorney for the petitioners shall deliver to the Judge a form substantially in the manner indicated as follow:
The statement must specify the notice method, date, and any exceptions; include copies of notices and recipient details, and, for notice not yet given, file those materials with counsel’s certificate at the audit.
Court's wording
(State method, date and exceptions, if any. In those instances, where notice has been given, a copy of said notice as well as the names and addresses of the parties notified, shall be appended to the statement of proposed distribution. In those instances where notice is yet to be given, a copy of said notice, as well as the names and addresses of the parties notified, shall be filed with the Court at the time and place of audit together with a certificate of notice executed by counsel).
The statement must identify beneficiaries and their interests, and, in partial intestacy cases, identify the heirs and next of kin and their relevant relationships.
Court's wording
(b) The names and residences of all beneficiaries, their relationship to the decedent, and the amount and nature, and character of their interest (noting such devises and bequests as have been revoked, adeemed, lapsed, assigned or disclaimed) and the supporting information relative thereto are as follows: (In cases of partial intestacy, state the names and residences of the heirs and next of kin, their relationship to the decedent, and, where applicable, the names of their parents, thereby disclosing the relationships and interests derived therefrom).
The statement must identify exceptions to the representation that parties in interest are adults and sui juris, provide the specified disability or deceased-beneficiary details, or state “none” if there are no exceptions.
Court's wording
4. All of said parties in interest are living of full age, and sui juris except: (State exceptions, if any, as to those parties in interest who are under legal disability, specifying the reason therefore, and the names and residence of their guardians or committees and how appointed (specifying the Court, term and number, where applicable); the date of the deaths of any of the beneficiaries who are deceased, the names and residences of their personal representatives, and the date and places of the grant of their letter, or the names and residences of their issue, when material. If there no exceptions, insert the work “none”).
11. No share of any beneficiary has been assigned or attached, except: (If none, so state “none”).
If the decedent was a fiduciary in another unterminated estate, the statement must provide its current status and any court, term, and number.
Court's wording
10. The decedent was ____________, at the time of death, a fiduciary in another estate which has not been terminated by a final adjudication or in writing by receipt and release, agreement or other form of written release. (If so, state the present status thereof and the Court, term and number thereof, if any).
The statement must report after-born or adopted children and, where applicable, include their names and birth or adoption dates and the names and residences of the spouse and children.
Court's wording
6. The decedent did not marry after the execution of the will and codicils (if any) and there were _________ children born to or adopted by the decedent thereafter. (Insert the names of any after-born or adopted children and dates of birth or adoption. In either case, state the names and residences of the spouse and children).
The statement must report the specified inheritance and estate tax, appraisal, deductions, taxable-estate, tax-rate, and payment information.
Court's wording
8. Pennsylvania Transfer Inheritance and Estate Tax are paid in full. Notice of the filing of Appraisement by the Pennsylvania Department of Revenue was filed in the Office of the Register of Wills of Tioga County, Pennsylvania on ____________, 20___, appraising the estate at $__________. The Register of Wills allowed debts and deductions of $___________________, making a taxable estate for __________ Inheritance Tax purposes of $_______________. Inheritance Tax at the rate of ___________ ( %) per cent, amounted to $_________________. The dates and amounts of payments thereon, are as follows: Date of Payment Payment + Credit Total Payment and Credit
The statement must identify known unpaid creditors and claimants and their relevant claim information; attach a list if needed for space, or state “none” if there are no claims.
Court's wording
9. The names and addresses of unpaid creditors from whom the accountant has received written notice, the amount of their claims, and whether or not such claims are admitted to be correct, as well as the names of any other unpaid claimants of whom the accountant has notice or knowledge, are as follows: (If too many for the space annex a list thereof; if no such claim, insert the word “none”).
12. The estate is/is not subject to Federal Estate Tax. A Federal Estate Tax Closing Letter has/has not been received dated ______________.
When the required written notice is given, the notice must be identified on the Accountant’s attorney’s appearance slip and copies must be submitted with that slip.
Court's wording
in which event the same shall be set forth on the appearance slip of the attorney for the accountant, and further, in such event, copies of the aforesaid written notice shall be submitted with the appearance slip of the attorney for the accountant, and further, in such event, copies of the aforesaid written notice shall be submitted with the appearance slip for the attorney for the accountant
being duly sworn according to law, dispose and says that he is the ____________________ of the above names ____________________ and that the facts set forth in the foregoing petition which are within the personal knowledge of the deponent are true, and as to facts based on the information of others, the deponent, after diligent inquiry, believes them to be true.
The individual petitioner(s) must provide a sworn verification that personally known facts are true and, after diligent inquiry, believe facts based on others’ information to be true.
Court's wording
the within names petitioner(s) being duly sworn, depose(s) and say(s) that the facts set forth in the foregoing petition which are within the affirmed/personal knowledge of the petitioner(s) are true, and as to facts based on the information of other, the petitioner(s), after diligent inquiry, believe(s) them to be true.
A praecipe for trial form calls for the complaint filing date, confirmation that pleadings and discovery are complete, and the parties’ positions on trial readiness, including any objections.
Court's wording
(1) That a complaint was filed on _____ day of _______, 20____. (2) That all pleadings are closed and all discovery has been completed, including depositions. (3) That all attorneys of record or unrepresented parties (agree/disagree) that the matter is ready for trial. (If all parties do not agree, identify those parties and note their objections).
A plaintiff or counterclaimant’s pre-trial memorandum form calls for a factual statement or pleading reference, an itemized list of specials, and a settlement demand broken down by category.
Court's wording
(Representing Plaintiff/Counterclaimant) 1. A Brief statement of the factual situation or a reference to the pleadings. 2. An itemized list of all specials, including loss of wages. 3. The amount being demanded, payment of which would result in settlement. This demand to be broken down to reflect the specific amounts being demanded for specials, pain and suffering, permanent injury, loss or consortium, etc.
A defendant’s or additional defendant’s pre-trial memorandum form calls for admitted complaint paragraphs, the defense, and a settlement offer.
Court's wording
(Representing Defendant/Plaintiff as Additional Defendant) 1. Paragraphs in plaintiff’s complaint which will be admitted at trial without requirement of proof. 2. The defense to be presented to plaintiff’s claim. 3. The offer being made which, if accepted, would result in settlement.
Preliminary objections should not be filed with the Court Administrator.
A motion for summary judgment should not be filed with the Court Administrator.
A motion for judgment on the pleadings should not be filed with the Court Administrator.
Where real estate is distributed, the real estate in the statement of proposed distribution shall be described by metes and bounds, when such description is available.
Unless otherwise directed by the Court, no appraisal shall be required if the exemption is claimed; (a) in money; (b) from personal property and the gross value of the decedent’s estate does not exceed the amount of the Family Exemption; or (c) in real or personal property at valuations agreed upon by all parties in interest.
For your further information, the said Account shows a balance for distribution of $_________, which , if claim is admitted or proved at the audit, will (not) be sufficient to pay same in full. _____________________________ Counsel for the Accountant (Executor or Administrator) DATE: __________________, 20___. NOTE: In addition to the general information set forth in the foregoing NOTICE, the Accountant should set forth in his notice to heirs, legatees or other parties interested, including persons with arguable interest in final distribution of decedent’s estate, the following: 1. His interpretation or any dispute of fairly disputable question known to him or reasonable ascertainable by him; 2. A true and correct copy of the instrument forming the basis of the dispute, or of the material parts thereof containing the disputed provisions; and 3. A statement that if the person notified does not agree with the accountant’s interpretation, he must appear at the audit, in person or by counsel, to present his contention, under penalty for failure to appear that the Court may assume that he agrees with the accountant’s interpretation. 4. A warning that if the person fails to appear, the Court may proceed to determine said issues without him, without further notice, and that he may lose property, money or other rights important to him.
The Statement of Proposed Distribution should state whether a spouse survived and provide the specified spouse, election, and children information when material.
Court's wording
(State whether a husband or wife survived, and if so, his or her name and residence; whether he or she has elected to take under or against the will, and, if so, whether the election has been duly recorded and filed, and furnish a copy; and whether or not the decedent left issue or adopted children, and their names and residences, when material).
15. An itemization of additional charges and/or credits sought to be included in the adjudication for receipts or disbursements not set forth in the account is as follows: (If none, insert the word “none”.
Issues for court adjudication should be framed as questions, followed by the Accountant’s interpretation; if there are no such issues, that should be stated.
Court's wording
14. The following are questions which require adjudication by the Court: (Frame issues such as in a pleading in the form of questions which the Court must answer in order to determine the proper distribution of the assets. Also indicate after each question the Accountant’s interpretation of any dispute or fairly disputable question. If there are no questions which require adjudication by the Court, so state).
16. A reserve is/is not requested, (Strike out the inapplicable word or words. If a reserve is requested, state the amount and purpose thereof).
Filing & Service rules
Filing Timing and Cure Windows
The opposing party must file an answer and reply brief within 30 days after service of the summary-judgment motion, unless a court order modifies the response deadline.
The opposing party shall file an answer and reply brief to the motion within thirty (30) days after service of the motion, unless the time for filing the response is modified by court order.
Civil cases
Page 6 | Rule TC - 1035.2(a). Motion for Summary Judgment.
The opposing party must file an answer and reply brief within 30 days after service of the motion, unless a court order modifies the response deadline.
The opposing party shall file an answer and reply brief to the motion within thirty (30) days after service of the motion, unless the time for filing the response is modified by the court order.
Civil cases
Page 6 | Rule TC - 1034(a). Motion for Judgment on Pleadings.
File every account at least 25 days before the date of confirmation.
All accounts shall be filed at least twenty five (25) days prior to the date of confirmation.
Civil cases
Page 10 | TC - 6.4
Objections must be filed after the account is filed and no later than its confirmation.
All objections shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court, as the case may be, between the date of the filing of the account and the date of its confirmation, and with a copy to each person listed on the affidavit of notice or his attorney and a copy to the Court Administrator.
Civil cases
Page 11 | 6.10
Exceptions must be filed after the account is filed and no later than its confirmation.
All exceptions shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court between the date of the filing of the account and the date of its confirmation and with a copy to each person listed on the affidavit of notice or his attorney, the Register of Wills and the Court Administrator.
Civil cases
Page 11 | TC - 7.1. Exceptions.
The written motion requesting a determination of distribution must be filed at the same time as the account.
In lieu of filing a statement of proposed distribution, a fiduciary shall file at the same time he files his account a written request, by motion, that distribution be determined by the Court or an auditor.
Civil cases
Page 11
The hearing in an incompetent-estate proceeding must be scheduled not less than ten days hence.
The practice shall be by petition with citations attached to be served upon the incompetent which shall state the date, time and place of hearing, which hearing shall be not less than ten (10) days hence.
Civil cases
Page 16 | TC - 14.1. Incompetents’ Estate.
The Investigating Agency must complete its investigation and prepare and file its report within six months after notice of intention to adopt.
The Court shall issue an Order to the Investigating Agency that it must conclude its investigation and prepare and file its report not later than six (6) months after notice of intention to adopt as provided in Section 335 of the Adoption Act.
Civil cases
Page 17 | TC - 15.5 - 15.8. Adoptions.
When notice has not yet been given, the notice, recipient names and addresses, and counsel-executed certificate of notice must be filed with the Court at the audit.
In those instances where notice is yet to be given, a copy of said notice, as well as the names and addresses of the parties notified, shall be filed with the Court at the time and place of audit together with a certificate of notice executed by counsel).
Civil cases
Page 23
The Pre-Trial Conference date must be at least 30 days after the Praecipe for Trial is filed.
Upon the filing of a Praecipe for Trial which shall be substantially in the form set forth in Rule TC-212.1, the Court Administrator shall schedule a date and time certain for a Pre-Trial Conference which date shall not be less than thirty (30) days after the filing date.
Civil cases
Page 2 | BUSINESS OF COURT — Rule TC - 212. Pre-Trial Conference.
If no exceptions or objections are made, the report will be confirmed 20 days after it is filed.
At the time of filing the report, an auditor or master shall give notice of the filing of his report to all parties in interest and shall state that in the absence of exceptions or objections his report will be confirmed twenty (20) days after the date on which the auditor or master shall have filed his report.
Civil cases
Page 12 | TC - 8.1 - 8.6. Auditors and Masters.
Service and Proof of Service Rules
Legal papers requiring court signature or action must be filed in an original with the Prothonotary, one copy with the Court Administrator, and copies to all counsel of record or unrepresented parties.
Any legal paper which requires the signature of or action by the Court, including but not limited to, motions, petitions, objections, exceptions and rules to show cause shall be filed as follows: (1) original with the Prothonotary’s Office, (2) one copy with the Court Administrator, (3) copies to all counsel of record or unrepresented parties.
Civil cases
Page 1 | BUSINESS OF COURT — Rule TC - 205.1. Filing Legal Papers.
The moving party must notify opposing counsel and unrepresented parties of the scheduled argument’s date, time, and place.
Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument.
Civil cases
Page 1 | BUSINESS OF COURT — Rule TC - 208.3(a). Motion Procedure.
When requesting waiver of the certificate-of-service requirement for an emergency motion, the moving party must make every effort to notify opposing parties of the motion’s substance and its filing and presentation times.
If the moving party is requesting a waiver of the certificate of service requirement, the party shall make every effort to notify opposing parties of the substance of the motion and the time of filing and presentation to the Court.
Civil cases
Page 2 | BUSINESS OF COURT — Rule TC - 208.3(a). Motion Procedure.
Each party must provide copies of its Pre-Trial Memorandum to all other parties at the time of the conference.
A Pre-Trial Memorandum substantially in the form set forth in Rule TC-212.2 shall be prepared and submitted by all parties at the time of the conference with copies provided to all other parties.
Civil cases
Page 2 | BUSINESS OF COURT — Rule TC - 212. Pre-Trial Conference.
After the Praecipe is filed and arbitrators are appointed, the Court Administrator must give written notice of the arbitration date and time to counsel or unrepresented parties and the arbitrators.
Subsequent to the filing of a Praecipe for Arbitration and the appointment of arbitrators, the Court Administrator shall provide written notice of the date and time for arbitration to all counsel of record or unrepresented parties and to the arbitrators.
Civil cases
Page 8 | Rule TC - 1303. Hearing. Notice.
Give the specified claimants and interested persons notice of the account filing 25 days before confirmation; notice of a statement or proposed distribution is also required unless an audit has been requested.
Notice of the filing of an account and, unless an audit has been requested, of the filing of a statement or proposed distribution shall be given twenty-five (25) days prior to the date of confirmation to every unpaid claimant who has given written notice of this claim to the accountant, and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir or next of kin. This shall include a notice to any person who has an arguable interest in the estate.
Civil cases
Page 10 | TC - 6.3
The Register of Wills or Clerk must publish notice in two county newspapers once weekly for three successive weeks immediately before confirmation.
Notice of the filing of the statement of proposed distribution which accompanies the account shall be given by the Register of Wills or the Clerk of the Court, as the case may be, by publication in two (2) newspapers of general circulation within the county, once a week for three (3) successive weeks immediately prior to the date of confirmation.
Civil cases
Page 11
Unless a Supreme Court rule or Act of Assembly provides otherwise, notice must be served on the person’s attorney, or through specified alternatives depending on whether the person has an attorney and whether the residence is known; the Court may direct another method.
8.1 Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly, whenever notice is to be given a person, it shall be given: (a) by service upon the attorney appearing of record for such person; or (b) if there is no such attorney, by personal service, delivery at the residence of such person or by mail, if his residence is known; or (c) if his residence is not known, by publication once a week during three (3) successive calendar weeks in a newspaper of general circulation published at or near his last known residence within the county; or (d) in such other manner as the Court shall direct.
Civil cases
Page 11 | TC - 8.1 - 8.6. Auditors and Masters.
Copies of exceptions must be provided to each person listed on the affidavit of notice or that person’s attorney, the Register of Wills, and the Court Administrator.
All exceptions shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court between the date of the filing of the account and the date of its confirmation and with a copy to each person listed on the affidavit of notice or his attorney, the Register of Wills and the Court Administrator.
Civil cases
Page 11 | TC - 7.1. Exceptions.
A copy of each objection must be provided to each person listed on the affidavit of notice or that person’s attorney, and to the Court Administrator.
All objections shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court, as the case may be, between the date of the filing of the account and the date of its confirmation, and with a copy to each person listed on the affidavit of notice or his attorney and a copy to the Court Administrator.
Civil cases
Page 11 | 6.10
A copy of the appeal must be sent to the Court Administrator.
A copy shall be sent to the Court Administrator.
Civil cases
Page 12 | TC - 10.1. Appeal Form – Register of Wills.
When filing a report, an auditor or master must notify all parties in interest and state that the report will be confirmed 20 days after filing if no exceptions or objections are made.
At the time of filing the report, an auditor or master shall give notice of the filing of his report to all parties in interest and shall state that in the absence of exceptions or objections his report will be confirmed twenty (20) days after the date on which the auditor or master shall have filed his report.
Civil cases
Page 12 | TC - 8.1 - 8.6. Auditors and Masters.
When the claim for exemption proceeds without a petition, notice need be given only to the personal representative.
When the procedure is without petition, no notice other than that to the personal representative need to be given of the claim for exemption.
Civil cases
Page 13 | TC - 12.1(A)(3)(a)
If the Court must appoint appraisers, notice must be given after the appraisal has been made and filed.
When it is necessary for the Court to Appoint appraisers, the notice shall be given after the appraisement has been made and filed.
Civil cases
Page 13 | TC - 12.1(A)(3)(c)
When a petition is filed, actual notice must be given to the personal representative, if any, and adversely affected persons other than creditors who did not join the petition.
actual notice to the personal representative, if any, and to all person, other than creditors, adversely affected by allowance of the exemption who do not join in the prayer of the petition
Civil cases
Page 13 | TC - 12.1(A)(3)(b)(i)
When a petition is filed, notice must be advertised weekly for three successive weeks in two newspapers of general circulation.
advertisement once a week for three (3) successive weeks in two newspapers of general circulation.
Civil cases
Page 13 | TC - 12.1(A)(3)(b)(ii)
After a public-sale petition is allowed, public notice of the proposed sale must be given under Rule 12.1, and, as far as possible, parties in interest must receive notice of the sale's time and place at least ten days beforehand by personal service or certified mail.
(1) Notice. After the allowance of a petition for public sale, public notice of the proposed sale shall be given as provided by Rule 12.1(A) (3) (b) (ii), and as far as possible, at least ten (10) days prior to notice of the time and place of the proposed sale shall be given to all parties in interest, by personal service or certified mail.
Civil cases
Page 16 | Public Sale of Real Property. Notice. Return.
Citations attached to an incompetent-estate petition must be served upon the incompetent.
The practice shall be by petition with citations attached to be served upon the incompetent which shall state the date, time and place of hearing, which hearing shall be not less than ten (10) days hence.
Civil cases
Page 16 | TC - 14.1. Incompetents’ Estate.
Notice of the account filing, proposed distribution statement, and audit time and place must be given as required by the Rule of Court.
(b) Shall be given notice of the filing of the account, the statement of proposed distribution and of the time and place of audit as required by the Rule of Court.
Civil cases
Page 23
Where charitable bequests are involved, proof of service pursuant to Supreme Court O.C.R. is called for.
7. Charitable bequests are/are not involved: (Proof of service pursuant to Supreme Court O.C.R.).
Civil cases
Page 24
Except for filing fees and minor credits, omitted credits will not be considered or approved unless written notice is given to all interested parties at least ten days before the audit.
With the exception of filing fees and credits of a minor nature, credits not set forth herein shall not be considered or approved by the Court, including, but not limited to commissions, and/or fees of fiduciaries or their counsel, unless written notice thereof has been given to all parties in interest, at least ten (10) days prior to the date of audit
Civil cases
Page 25
An appellant may use the stated stamped-envelope procedure instead of personal or certified or registered mail service or proof of service; the Prothonotary then mails copies by first-class mail and records service and any return on the docket.
In lieu of service or proof of service by personal service or certified or registered mail, an appellant may file with the notice of appeal a stamped envelope self-addressed to the appellee at the address listed on the complaint form filed in the office of the district justice, or the attorney of record if there is one, AND a stamped envelope pre-addressed to the district justice in whose office the judgment was rendered. Copies of the notice of appeal and rule, if applicable, shall thereupon be mailed by the Prothonotary by first class mail, with such service and any return being noted on the docket.
Civil cases
Page 5 | RULES GOVERNING DISTRICT JUSTICES
Courtesy Copy Requirements
Courtesy copies of preliminary objections are not required.
Courtesy copies for the court are not required.
Civil cases
Page 5 | Rule TC - 1028(c). Preliminary Objections.
Pre-Motion Conference Requirements
A response to preliminary objections is not required unless the Pennsylvania Rules of Civil Procedure or the Court's scheduling order requires one.
No response is required to any preliminary objection unless required by Pa.R.C.P. or unless required by the Court in the scheduling order.
Civil cases
Page 5 | Rule TC - 1028(c). Preliminary Objections.
Adjournment & Extension Requirements
Continuance motions generally must be made in writing or on the record in open court and presented at least 10 days before the proceeding; later requests require previously unknown or not reasonably ascertainable substantial reasons, and the motion must identify prior continuances. A request based on another Court of Common Pleas proceeding generally requires an earlier-issued scheduling order, which must be attached.
Motions for continuance must be made in writing or of record in open court unless excused by the Court for cause. Absent exceptional circumstances, motions for continuance shall be presented no later than ten (10) days before the date of the proceedings for which the continuance is requested. Thereafter, no motions for continuance will be granted except for substantial reasons, which were not previously known or reasonably ascertainable. The motion shall state whether or not the proceedings previously have been continued and, if so, the number of prior continuances with identification of the party upon whose motion each continuance was granted. Absent extraordinary circumstances, a request for continuance based on proceedings scheduled in another Court of Common Pleas will be granted only if the other Court’s scheduling order was issued before the order scheduling and proceedings for which the continuance is requested. If the motion is based on conflict with a matter scheduled in another Court of Common Pleas, the scheduling order from the other Court of Common Pleas shall be attached to the motion.
Civil cases
Page 2 | BUSINESS OF COURT — Rule TC - 208.3(a). Motion Procedure.
Requests to continue a court-scheduled hearing must be filed in writing unless the Court waives that requirement.
All requests for the continuance or any hearing scheduled by the Court shall be filed in writing unless waived by the Court.
Civil cases
Page 4 | Rule TC - 216. Continuances.
To avoid dismissal at a general call, good cause for continuing the proceeding must be shown at or before the call.
If no good cause for continuing a proceeding is shown at or before the general call, an order for dismissal shall be entered forthwith by the Court.
Civil cases
Page 8 | Rule TC - 1901. Termination of Inactive Cases.
Chambers Communication Rules
After filing an emergency motion, the moving party must notify the Court Administrator of the emergency and may request immediate consideration by the Court.
Emergency motions shall be governed by the above procedure, except that after filing, the moving party shall notify the Court Administrator of the emergency situation and may request that the Court immediately consider the motion.
Civil cases
Page 2 | BUSINESS OF COURT — Rule TC - 208.3(a). Motion Procedure.
Counsel may promptly request in writing to the Court Administrator to participate in argument by telephone or videoconference; the Court decides whether to allow it, and the requesting party bears the cost unless the Court provides otherwise.
The Court, in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the Court provides otherwise.
Civil cases
Page 1 | BUSINESS OF COURT — Rule TC - 208.3(a). Motion Procedure.
electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
Civil cases
Page 7
The court may allow argument by telephone or videoconference if counsel promptly requests electronic participation in writing from the Court Administrator; the requesting party bears the cost unless the court provides otherwise.
The court in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.
Civil cases
Page 6 | Rule TC - 1034(a). Motion for Judgment on Pleadings.
The court, in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate
The court, in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate
Civil cases
Page 6 | Rule TC - 1035.2(a). Motion for Summary Judgment.