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

CRITICALCivil cases

Applies to

Praecipe for arbitration

Referral to arbitration requires filing a Praecipe for Arbitration substantially in the prescribed form, unless the Court orders referral after determining that the civil action lies within the arbitrators’ jurisdiction.

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.

CRITICALCivil cases

Applies to

Motion for judgment on pleadings

The court will take no action on the motion for judgment on the pleadings until it is filed of record.

The court will take no action until the motion has been filed of record.

CRITICALCivil cases

Applies to

Notice to defend

All Notices to Defend must name North Penn Legal Services and provide its phone number as the agency from which legal help may be obtained.

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

CRITICALCivil cases

Applies to

Statement of proposed distribution

A personal representative must attach the proposed distribution statement to the account and file it with the Register of Wills or Clerk of the Court.

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.

CRITICALCivil cases

Applies to

Appearance slip

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.

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

CRITICALCivil cases

Applies to

Preliminary objections

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.

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.

CRITICALCivil cases

Applies to

Statement of proposed distribution

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.

(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).

CRITICALCivil cases

Applies to

Family exemption petition

A petition and court order are required only when an appraisal of personal property or real estate is necessary.

A petition and order of Court will only be required when an appraisal of personal property or real estate is necessary.

CRITICALCivil cases

The statement must identify beneficiaries and their interests, and, in partial intestacy cases, identify the heirs and next of kin and their relevant relationships.

(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).

CRITICALCivil cases

Applies to

Personal representative petition to sell real property at public sale

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.

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.

CRITICALCivil cases

Applies to

Appeal

An appeal from a Register proceeding must be addressed to the Orphans’ Court Division of the Court of Common Pleas of Tioga County, filed with the Register, and state its grounds, interested parties, and jurisdictional facts.

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.

CRITICALCivil cases

Applies to

Custody agreement

A custody, partial-custody, or visitation agreement reached at the conference must be written, signed by all parties, and submitted to the Court for approval and an order.

If an agreement is reached, it shall be reduced to writing, signed by all parties and submitted to the Court for approval and order.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections must be filed with the Prothonotary and include a proposed scheduling order.

All preliminary objections shall be filed with the Prothonotary and shall include a proposed scheduling order.

CRITICALCivil cases

Applies to

Post trial motion

For a post-trial or post-hearing motion whose argument relates to testimony, the moving party must arrange transcription of the testimony needed to resolve the issues.

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.

CRITICALCivil cases

Applies to

Account

An account must have an attached affidavit of notice listing the names and addresses of every party notified by the accountant.

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.

CRITICALCivil cases

Applies to

Petition

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.

(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.

CRITICALCivil cases

Applies to

Proposed distribution statement

A fiduciary filing an account must file a proposed-distribution statement identifying each distributee, the amount or share awarded, and a brief explanation of the nature and reasons for each proposed award.

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.

CRITICALCivil cases

Applies to

Petition

Proceedings concerning an incompetent's estate must be initiated by petition with attached citations served on the incompetent, stating the hearing's date, time, and place, and the hearing must be at least 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.

CRITICALCivil cases

Applies to

Trustee petition to sell real property at public sale

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.

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;

CRITICALCivil cases

Applies to

Pre trial memorandum

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.

(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.

CRITICALCivil cases

Applies to

Petition

A petition to extend the surviving spouse’s time to elect against the Will must include the requirements for a Rule 12.3 petition.

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.

CRITICALCivil cases

Applies to

Preliminary objections

The court will take no action on preliminary objections until they are filed of record.

The court will take no action until the preliminary objections have been filed of record.

CRITICALCivil cases

Applies to

Motion for judgment on pleadings

Must include

proposed order

A motion for judgment on the pleadings and its supporting brief must be filed with the Prothonotary and include a proposed scheduling order.

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.

CRITICALCivil cases

Applies to

Adoption findings of fact form

At the conclusion of the adoption hearing, petitioners’ counsel must deliver to the Judge a form substantially following the findings-of-fact form shown.

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:

CRITICALCivil cases

Applies to

Objection

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.

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.

CRITICALCivil cases

The statement must disclose any assigned or attached beneficiary share, or state “none” if there are none.

11. No share of any beneficiary has been assigned or attached, except: (If none, so state “none”).

CRITICALCivil cases

Applies to

Statement of proposed distribution

The specified fiduciaries must attach the proposed distribution statement to the account and file it with the Clerk of the Orphans’ Court Division.

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.

CRITICALCivil cases

If the decedent was a fiduciary in another unterminated estate, the statement must provide its current status and any court, term, and number.

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).

CRITICALCivil cases

Applies to

Return

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.

(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.

CRITICALCivil cases

Applies to

Praecipe for arbitration

A Praecipe for Arbitration substantially in the prescribed form states that the amount in controversy is within the statutory limits, the matter does not involve title to real estate, and it does not require equitable or declaratory relief.

(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.

CRITICALCivil cases

Applies to

Statement

The fiduciary or counsel must file a statement of all efforts to locate the distributee with the account and proposed distribution statement.

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.

CRITICALCivil cases

Applies to

Continuance motion

A continuance motion based on a conflict with a matter scheduled in another Court of Common Pleas must attach that court’s scheduling order.

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.

CRITICALCivil cases

Applies to

Notice

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.

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)

CRITICALCivil cases

Applies to

Proposed decree

A proposed decree must be prepared and presented to the Court in substantially the form set forth below.

A proposed decree shall be prepared and presented to the Court in substantially the form set forth below:

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition seeking a rule to show cause must be filed with the Prothonotary and have attached a proposed order in the form prescribed by Pa. R.C.P. 206.6(c).

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.

CRITICALCivil cases

Applies to

Petition

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.

(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.

CRITICALCivil cases

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.

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).

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions must be filed with the Prothonotary and include a proposed scheduling order.

All Motions shall be filed with the Prothonotary’s Office and shall include a proposed scheduling order.

CRITICALCivil cases

The statement must report the specified inheritance and estate tax, appraisal, deductions, taxable-estate, tax-rate, and payment information.

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

CRITICALCivil cases

Applies to

Notice of report filing

The notice must state that, absent exceptions or objections, 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.

CRITICALCivil cases

Applies to

Petition

The corporate petitioner’s officer must provide a sworn verification identifying their office and stating that personally known facts are true and, after diligent inquiry, believes facts based on others’ information to be true.

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.

CRITICALCivil cases

Applies to

Pre trial memorandum

All parties must prepare and submit a Pre-Trial Memorandum substantially in the form set forth in Rule TC-212.2 at 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.

CRITICALCivil cases

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.

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”).

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICALCivil cases

Applies to

Summary judgment motion

Must include

proposed order

A motion for summary judgment and its supporting brief must be filed with the Prothonotary and 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.

CRITICALCivil cases

Applies to

Written motion

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.

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.

CRITICALCivil cases

Applies to

Exception

Exceptions must be written and filed between the account’s filing and confirmation dates, with copies to the listed persons or their attorneys, 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.

CRITICALCivil cases

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.

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”).

CRITICALCivil cases

The statement must report whether the estate is subject to Federal Estate Tax and whether a closing letter was received, including its date.

12. The estate is/is not subject to Federal Estate Tax. A Federal Estate Tax Closing Letter has/has not been received dated ______________.

WARNINGCivil cases

Applies to

Notice

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.

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.

WARNINGCivil cases

Applies to

Praecipe for trial

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.

(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).

WARNINGCivil cases

Applies to

Proposed distribution statement

If real estate is distributed, describe it by metes and bounds in the proposed-distribution statement when that description is available.

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.

WARNINGCivil cases

Applies to

Appraisal

Unless the Court directs otherwise, no appraisal is required for an exemption claimed in money, qualifying personal property when the estate’s gross value does not exceed the Family Exemption, or property valued by agreement of all interested parties.

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.

WARNINGCivil cases

The filing should itemize additional charges or credits sought for receipts or disbursements omitted from the account, or insert “none” if there are none.

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”.

WARNINGCivil cases

Applies to

Pre trial memorandum

A defendant’s or additional defendant’s pre-trial memorandum form calls for admitted complaint paragraphs, the defense, and a settlement offer.

(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.

WARNINGCivil cases

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.

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).

WARNINGCivil cases

Applies to

Statement of proposed distribution

The Statement of Proposed Distribution should state whether a spouse survived and provide the specified spouse, election, and children information when material.

(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).

WARNINGCivil cases

Applies to

Summary judgment motion

A motion for summary judgment should not be filed with the Court Administrator.

A motion for summary judgment should not be filed with the Court Administrator.

WARNINGCivil cases

Applies to

Pre trial memorandum

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.

(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.

WARNINGCivil cases

The inapplicable reserve option should be struck out; if a reserve is requested, its amount and purpose should be stated.

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).

WARNINGCivil cases

Applies to

Preliminary objections

Preliminary objections should not be filed with the Court Administrator.

Preliminary objections should not be filed with the Court Administrator.

WARNINGCivil cases

Applies to

Motion for judgment on pleadings

A motion for judgment on the pleadings should not be filed with the Court Administrator.

A motion for judgment on the pleadings should not be filed with the Court Administrator.

WARNINGCivil cases

13. State of Facts relating to proposed distribution: (The Accountant should recite the material facts and material parts of the will (or Intestate Laws) which govern the distribution of the assets of the Fiduciary).

13. State of Facts relating to proposed distribution: (The Accountant should recite the material facts and material parts of the will (or Intestate Laws) which govern the distribution of the assets of the Fiduciary).