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

CRITICAL

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings under Pa.R.C.P. No. 1034 must be accompanied by a brief.

A motion for judgment on the pleadings filed pursuant to Pa.R.C.P. No. 1034 shall be accompanied by a brief.

CRITICAL

Applies to

Motion

A motion must include a certification that concurrence was sought from each party and either given or denied; no motion may be filed without a concurrence or nonconcurrence certification.

shall contain a certification by counsel for the movant, or by the movant if not represented by counsel, that he or she has sought concurrence in the motion from each party, and that it has been either given or denied. No motion shall be filed without a certification of concurrence or nonconcurrence.

CRITICAL

Applies to

Agreement of reference

An agreement of reference for a matter not in litigation must be signed by counsel for all sides, filed with the Prothonotary, define the issue, and include factual stipulations when agreeable.

Matters not in litigation may be referred to a board of arbitrators by an agreement of reference, signed by counsel for all sides in the case. Such agreement shall be filed with the Prothonotary, who will forward a copy to the court administrator. Said agreement shall define the issue involved for determination by the board and, when agreeable, shall also contain stipulations with respect of facts.

CRITICAL

Applies to

Motion for continuance

A motion for continuance averring facts not of record must be verified.

All motions averring facts not of records shall be verified.

CRITICAL

Applies to

Emergency petition for custody

The Emergency Petition for Custody must be filed as a separate document from the Custody Complaint.

The Emergency Petition for Custody must be a separate document apart from the Custody Complaint.

CRITICAL

Applies to

Exhibit list

The custodian must submit a numbered exhibit list with a description or identification of each exhibit and its admission or rejection status.

The custodian shall submit to the Court a numbered list of exhibits offered into evidence that includes the following: (i) a textual description or identification of each exhibit; and (ii) whether the exhibit was admitted into or rejected from evidence by the Court.

CRITICAL

Applies to

Discovery motion

A discovery motion must include a signed certification that the moving party conferred or attempted to confer with all interested parties and could not resolve the matter without court action.

All motions relating to discovery shall include a certification signed by counsel for the moving party or by a pro se moving party that they have conferred or attempted to confer with all interested parties in order to resolve the matter without court action and that counsel or the pro se party has been unsuccessful in resolving the matter without court action.

CRITICAL

Applies to

Divorce complaint or custody petition

Divorce complaints and petitions concerning custody, partial custody, or visitation must include the court-provided form order referring the matter to mediation.

All counts in a divorce complaint and all petitions relating to custody, partial custody, or visitation of minor children shall include a form order referring the matter to mediation. The form shall be provided by the Court Administrator, under the Court section of each county’s website. Visit: www.snydercounty.org or www.unioncountypa.org.

CRITICAL

Applies to

De novo appeal

A de novo appeal is allowed as a matter of course only after the affidavit of appeal and recognizance are filed and the arbitrators’ fees are repaid.

A de novo appeal shall be allowed as a matter of course upon the filing of the affidavit of appeal and recognizance, and upon the aforesaid repayment of the arbitrators’ fees.

CRITICAL

Applies to

Electronic legal paper

Electronic filing using an authorized username and password constitutes the filing party’s signature and, for an attorney, certification of authorization to file.

(1) The electronic filing of legal papers using an authorized User Names and Password shall constitute the filing party’s signature on electronic documents as provided by Pa.R.C.P 1023.1. and, if the filing party is an attorney, shall constitute a certification of authorization to file it as provided in Pa.R.C.P. 202.5.1.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must include a form of order granting the requested relief if all parties concur, or a form of order with the specified alternative provisions if they do not all concur.

Every motion which has been concurred with by all parties shall be accompanied by a form of order which, if approved by the Court, would grant the relief sought in the motion. Every motion that is not concurred with by all parties shall be accompanied by a form of order which includes alternative provisions for either a rule returnable for answer only or to schedule a date for hearing and argument before the court.

CRITICAL

Applies to

Request for oral argument or hearing

A request for oral argument or a hearing must include the parties’ available dates, which must be 20 to 60 days after filing the request, or the court will decline to consider it.

A request for oral argument or a hearing shall be accompanied by a list of dates when counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party or parties, and any pro se opposing party are available for argument and/or hearing. The list shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of the request. Failure to provide the said list shall cause the court to decline to consider the request.

CRITICAL

Applies to

Motion for summary judgment

A party filing a summary judgment motion must file a supporting brief at the same time.

A party filing a motion for summary judgment, shall, at the time of the filing of the said motion, file a brief in support thereof.

CRITICAL

Applies to

Recommended interim order

A recommended Interim Order must be submitted to the Court for approval before it has the effect of an Interim Order.

Any recommended Interim Order of the Custody Conference Officer shall be submitted to the Court for approval and upon court approval shall have the effect of an Interim Order.

CRITICAL

Applies to

Exhibit list

The custodian must submit a numbered list identifying each exhibit offered into evidence and stating whether the Court admitted or rejected it.

The custodian shall submit to the Court a numbered list of exhibits offered into evidence that includes the following: (i) a textual description or identification of each exhibit; and (ii) whether the exhibit was admitted into or rejected from evidence by the Court.

CRITICAL

Applies to

Motion

A motion must include a brief statement of the authority empowering the court to grant the requested relief.

Any party filing a motion shall include a brief statement of the applicable authority empowering the court to grant the relief requested.

CRITICAL

Applies to

Scheduling order

Argument on the said Motion and any response thereto shall be limited to a total of fifteen (15) minutes, unless, at the time of the filing of the proposed scheduling order the party requesting argument certifies that additional time is necessary. If additional time is necessary the party submitting the proposed scheduling order shall make a good faith estimate as to the total amount of time needed for argument by all parties.

Argument on the said Motion and any response thereto shall be limited to a total of fifteen (15) minutes, unless, at the time of the filing of the proposed scheduling order the party requesting argument certifies that additional time is necessary. If additional time is necessary the party submitting the proposed scheduling order shall make a good faith estimate as to the total amount of time needed for argument by all parties.

CRITICAL

Applies to

Motion

All motions filed with the Court must be written.

All motions filed with the Court must be written,

CRITICAL

Applies to

Pre trial statement

Both parties must submit a pre-trial statement at the scheduled conference in the Court-prescribed form or as governed by the cited rule and Court Order.

At the time set for the pre-trial conference, both parties shall submit a pre-trial statement in the form prescribed by the Court. O R s t r i c t l y c o m p l i e d w i t h t h e p r o v i s i o n s o f P a . R . C . P . N o . 2 1 2 . 2 ( a ) i n d i c a t e d i n C o u r t O r d e r .

CRITICAL

Applies to

Scheduling order

A party seeking oral argument must file an original and sufficient copies of a scheduling order with its motion or response, substantially in the referenced form.

Any party seeking oral argument shall, at the time of the filing of their motion or response, file an original and a sufficient number of copies of a scheduling order substantially in the form provided for in 17CV1028(c)(4).

CRITICAL

Applies to

Brief

All briefs must be filed in duplicate.

All briefs shall be filed in duplicate.

CRITICAL

Applies to

Preliminary objections

Each filing of preliminary objections must be accompanied by a supporting brief.

All preliminary objections shall be accompanied by a brief in support of the preliminary objections.

CRITICAL

Applies to

Motion

A motion that is not uncontested must be submitted with an order substantially in the form provided by Pa.R.C.P. 208.4(b)(2).

In the event that a party files a motion that is not uncontested the motion shall be submitted accompanied by an order substantially in the form provided for in Pa.R.C.P. No. 208.4(b)(2).

CRITICAL

Applies to

Petition for emergency special relief

A Petition for Emergency Special Relief must be filed as a separate document bearing the specified title.

The Petition for E m e r g e n c y Special Relief must be presented as a separate document titled "Petition for Emergency Special Relief."

CRITICAL

Applies to

Praecipe

The Prothonotary may not mark or certify a case as settled or discontinued until the plaintiff’s attorney presents a praecipe in proper form.

The Prothonotary shall not mark or certify a case settled or discontinued until the attorney for the plaintiff has presented his or her praecipe in proper form.

CRITICAL

Applies to

Motion for judgment on the pleadings

Must include

certificate of service

The party filing the motion must file a certificate of service within five days after serving the motion and brief on the other parties.

Within five (5) days after service of the motion and brief upon the other parties the party filing the motion shall file a certificate of service.

CRITICAL

Applies to

Motion

An objection motion must identify the matters requiring preliminary resolution and propose a timetable for completing them.

The objection shall specifically indicate the matters that must be preliminarily resolved and shall propose a timetable for their completion.

CRITICAL

Applies to

Misconduct report

Immediately before giving the inmate a copy, the serving staff member must record the date and time of service on the report.

The staff member who serves the Misconduct Report shall record the date and time of service on the Misconduct Report immediately prior to giving the inmate a copy of the Misconduct Report.

CRITICAL

Applies to

Emergency petition for special relief

The Emergency Petition for Special Relief must be a separate document from the Petition for Modification or Petition for Contempt.

The Emergency Petition for Special Relief must be a separate document apart from the Petition for Modification or Petition for Contempt.

CRITICAL

Applies to

Electronic legal paper

Required verifications and other documents executed by clients or third parties must be scanned and attached to the electronic filing as a PDF when the legal paper is submitted.

(2) Verification of pleadings, as required by Pa.R.C.P. 206, and 1024, as well as any other documents executed by the client or third parties, such as Affidavits or Certifications of Service, shall be scanned and attached to the electronic filing in a PDF at the time the legal paper is submitted for electronic filing.

CRITICAL

Applies to

Notice to defend

A Notice to Defend must name the designated county Office of the Court Administrator where legal help may be obtained, using the applicable county’s listed contact information.

As provided by Pa.R.C.P. No. 1018.1(c) the following offices are designated as the office to be named in the Notice to Defend where legal help may be obtained: For cases filed in Snyder County: Office of the Court Administrator Snyder County Courthouse P.O. Box 217 Middleburg, PA 17842 (570) 837-4359 For cases filed in Union County: Office of the Court Administrator Union County Courthouse 103 S. Second Street Lewisburg, PA 17837 (570) 524-8736

CRITICAL

Applies to

Pleading

A pleading seeking both a proceeding date and a temporary custody order pending mediation or the initial conference must state specifically the facts supporting the temporary order.

Any pleading which requests the scheduling of a proceeding and also requests entry of a temporary order to maintain de facto custody provisions pending m e d i a t i o n o r the initial conference shall set forth with specificity those facts supporting the request for the temporary custody order pending mediation or the initial conference.

CRITICAL

Applies to

Pleadings and other legal papers

Must include

caption

Pleadings and other legal papers to be filed must be accompanied by a cover sheet containing the specified party, attorney, caption, and document information.

(2) All pleadings and other legal papers to be filed shall be accompanied by a cover sheet which shall include: (i) in the upper left-hand corner the name of the filing party, the name, address, and telephone number of the attorney representing the filing party, or if the party is not represented by counsel, the address and telephone number of the filing party; (ii) the full caption of the litigation; (iii) the title of the pleading or other legal paper; and the name and address of the attorney of record for any party, including the name of the attorney’s firm, or a designation that a party without an attorney is pro se, and the pro se party’s address.

CRITICAL

Applies to

Misconduct report

Every misconduct must be reported on a Misconduct Report.

Every misconduct is to be reported on a Misconduct Report.

CRITICAL

Applies to

Misconduct report

The Misconduct Report must be written by a person with personal knowledge or by staff acting at that person’s direction.

The Misconduct Report shall be written by either the charging staff member or contract personnel who has personal knowledge of the misconduct or by a staff member at the direction of a person who has personal knowledge of the misconduct.

CRITICAL

Applies to

Response under Pa.R.C.P. 1035.3(a)

A party filing a response under Pa.R.C.P. No. 1035.3(a) must file its supporting brief at the same time as the response.

A party filing a response pursuant to Pa.R.C.P. No. 1035.3(a) shall file a brief in support of their response contemporaneously with the filing of that response.

CRITICAL

Applies to

Settlement agreement

A custody case may be removed from the conference or trial schedule only after the settlement agreement is filed and a Court Order is entered.

A custody case will be removed from the initial conference or pre-trial schedule and/ or the custody trial list only upon the filing of the settlement agreement and Court Order.

CRITICAL

Applies to

Continuance request

Continuance requests must use forms provided by the Court Administrator, available in the Court section of the county websites listed.

All requests for continuances shall be on forms provided by the Court Administrator, under the Court section of each county’s website. Visit: www.snydercounty.org or www.unioncountypa.org.

CRITICAL

Applies to

Arbitration award

The arbitrators’ report or award must be signed by at least a majority of the arbitrators.

After the case has been heard, the arbitrators shall make their report/award, which shall be signed by at least a majority of them.

CRITICAL

Applies to

Petition for emergency special relief

A Petition for Emergency Special Relief is to be filed when a child faces an immediate threat to health, safety, or welfare.

2. Petition for Emergency Special Relief shall be filed when there is an immediate threat to the health, safety, or welfare of the child.

CRITICAL

Applies to

Petition for special relief or emergency petition for custody

A Petition for Special Relief or Emergency Petition for Custody must be filed with the Prothonotary.

The Petition for Special Relief or Emergency Petition for Custody shall be filed with the Prothonotary.

CRITICAL

Applies to

Opposition

A party opposing relief in a motion not certified as uncontested must file a response and a short statement citing the matter specified in the continuation of the rule.

When a motion is filed that has not been certified as uncontested any party opposing the relief requested in the said motion shall file a response to the motion and a short statement citing

CRITICAL

Applies to

Scheduling order

A party seeking an evidentiary hearing or oral argument must submit a scheduling order substantially in the prescribed form when filing preliminary objections, an answer, or a responsive brief.

If a party wishes to have an evidentiary hearing or oral argument that party, at the time of the filing of their preliminary objections or their answer or responsive brief, shall submit a scheduling order substantially in the following form:

CRITICAL

Applies to

Distribution ledger

For court orders or notices not automatically served through PACFile, the distribution must be filed with the Clerk of Courts with a complete ledger of the names and addresses of everyone requiring a paper copy.

Distribution to those parties not automatically served via PACFile with a court order or notice must be filed with the Clerk of Courts office with a complete distribution ledger listing the names and addresses of all parties required to be served with a paper copy.

CRITICAL

Applies to

Index of exhibits

When the custodian retains the specified evidence, a photograph no larger than 8 ½ by 11 inches must be offered as an exhibit and included in the exhibit index.

In such cases, the custodian shall ensure that a photograph (no larger than 8 ½ by 11 inches) of such evidence is offered as an exhibit and included in the index of exhibits.

CRITICAL

Applies to

Cover sheet

The cover sheet must substantially follow the form shown in the rule.

(3) The cover sheet shall be substantially in the following form:

CRITICAL

Applies to

Civil legal paper

Personal identifiers in civil matters must comply with Pennsylvania’s Case Records Public Access Policy safeguards, and the Confidential Information Form is required.

(3) Personal Identifiers in civil matters, such as Social Security numbers, dates of birth, financial account numbers and names of minor children, must comply with the safeguards of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. The Confidential Information Form is required.

CRITICAL

Applies to

Proposed order

A party requesting a hearing must complete the proposed order with a good-faith estimate of the time needed for the hearing and argument.

Any party requesting a hearing shall be responsible for completing the proposed order with a good faith estimate as to the amount of time that party believes will be necessary for a complete hearing and argument on the pending preliminary objections;

CRITICAL

Applies to

Petition for rule to show cause

A post-initial-conference request for evaluations that was not made at the pre-trial conference or stipulated to must be made by Petition for Rule to Show Cause alleging specific facts and reasons.

Any request by the parties for evaluations made after the initial conference and not made at the pre-trial conference or entered into by stipulation must be made by Petition for Rule to Show Cause alleging specific facts and reasons for the request.

WARNING

Applies to

Motion

If appropriate, a motion must include a signed certification that its requested relief is uncontested; without it, the court will consider the motion contested.

A motion shall, if appropriate, include a certification signed by counsel for the moving party or by a pro se moving party that the relief requested in the motion is uncontested. Absent such certification the Court will consider a motion to be contested by one or more of the parties to the litigation

WARNING

Applies to

Request for oral argument

A party waives oral argument by failing to request it in accordance with the rule.

Failure to request oral argument in accordance with this rule shall constitute a waiver of oral argument.

WARNING

Applies to

Proposed scheduling order

A party seeking more than one-half hour for oral argument must certify the need and provide a good-faith estimate in its proposed scheduling order.

Oral argument shall be limited to a total of one-half (1/2) hour unless a party at the time of the filing of their proposed scheduling order certifies that additional time will be necessary. That party will be responsible for making a good faith estimate as to the total amount of time the parties will need for argument.

WARNING

Applies to

Proposed preliminary objection or responsive brief

Argument is limited to 15 minutes total unless the requesting party certifies when filing the proposed preliminary objection or responsive brief that more time is necessary.

Argument by the objecting and any answering parties shall be limited to a total of fifteen (15) minutes unless, at the time of the filing of the proposed preliminary objection or responsive brief, the party requesting argument certifies to the court that additional time is necessary.

WARNING

Applies to

Petition for special relief

If the stated change in circumstances and lack of agreement occur, either party may file a Petition for Special Relief that sets out all pertinent supporting facts or is verified by the filing party.

Should a significant change in circumstances arise after entry of an Interim Order and before the pre-trial conference necessitating a modification of the Interim Order, which modification cannot be amicably agreed upon pending the pretrial conference, either party may file a Petition for S p e c i a l R e l i e f of the Interim Order, setting forth all pertinent facts in support thereof or verified by the filing party.

WARNING

Applies to

Petition for special relief

A Petition for Special Relief is to be filed for a specific circumstance that requires neither modification of nor alleges violation of an existing Custody Order.

1. Petitions for Special Relief shall be filed to address a specific circumstance that does not necessitate the modification of an existing Custody Order and does not involve the violation of the existing Custody Order.

WARNING

Applies to

Exceptions to interim order

Exceptions may not be filed to an Interim Order in a custody action.

A. No exceptions may be filed to an Interim Order entered in a custody action.