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

CRITICAL

Applies to

Motion

Every motion must include counsel’s signed certification stating whether the motion is contested or uncontested.

All motions shall include a certification, signed by counsel for the moving party, stating whether or not said motion is contested or uncontested.

CRITICAL

Applies to

Transcript payment proof

Proof of final transcript payment must be provided to the district court administrator.

Proof of payment shall be provided to the district court administrator.

CRITICAL

When a non-documentary exhibit is offered into evidence, a photograph no larger than 8-1/2 by 11 inches must be entered into the record in its place.

(1) If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.

CRITICAL

Applies to

Distribution list

A distribution list for parties not automatically served through PACFile must be filed with the Clerk of Courts and include the names and addresses of everyone who must receive 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 list including the names and addresses of all parties required to be served with a paper copy.

CRITICAL

Applies to

Rule absolute

If no timely answer in opposition is filed, counsel must present a Rule Absolute granting the uncontested petition and allowing withdrawal.

In the absence of any timely-filed answer in opposition, counsel shall present a Rule Absolute granting the petition as being uncontested and entering the withdrawal.

CRITICAL

Applies to

Filing

All confidential information defined in Section A must be documented on a Confidential Information Form.

B. In order to comply with this Rule, all confidential information, as defined by Section A, shall be documented on a Confidential Information Form.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order.

All motions shall include a proposed Order.

CRITICAL

Applies to

Filing

Attorneys and self-represented parties must certify compliance with the applicable public-access rules in substantially the stated language, and the certification must accompany each filing.

D. Attorneys and self-represented parties shall be solely responsible for complying with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''

CRITICAL

Applies to

Transcript request

The form shall include the current rates charged for transcripts and may be found on the county website.

The form shall include the current rates charged for transcripts and may be found on the county website.

CRITICAL

Applies to

Entry of appearance of self represented party

A self-represented party must keep current contact information provided to the court, other self-represented parties, and attorneys of record.

I understand that I am under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

CRITICAL

Applies to

Certification

Pro bono counsel may withdraw before the matter concludes upon certifying completion of all representation duties and compliance with the Local Rule.

Every attorney who has agreed to represent an individual pro bono in a matter pending before this Court shall be permitted to withdraw his/her appearance in such matter before its conclusion upon certification that s/he has completed all duties and responsibilities incident to her/his representation and fully complied with the terms of this Local Rule.

CRITICAL

Applies to

Praecipe for entry of limited appearance

Counsel making a limited appearance must use the approved Exhibit A praecipe, which confirms free legal service, specifies the duties to be performed, and confirms counsel’s belief that the party cannot afford a lawyer.

To make a limited appearance pursuant to this Local Rule, counsel must enter her/his appearance on an approved Praecipe for Entry of Limited Appearance form, attached Exhibit A, which confirms that the attorney is providing free legal service to the party, sets forth with particularity those duties to be rendered for the party, and confirms counsel’s belief that the party is unable to pay the costs of a lawyer, as provided by Pa.R.C.P. 240(d)(1).

CRITICAL

Applies to

Withdrawal filing

The withdrawal filing must certify the address where the client may receive additional notices after counsel withdraws.

Upon filing my withdrawal or motion to withdraw as counsel, I shall provide a copy of the same to my client and shall certify the address at which my client may receive additional notices after my withdrawal.

CRITICAL

Applies to

Exhibit

When a photograph is offered into evidence, its original or a copy no larger than 8-1/2 by 11 inches must be entered into the record.

(1) If a proponent offers into evidence a photograph, the proponent shall ensure that the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 x 11 inches) is entered into the record.

CRITICAL

Applies to

Limited appearance praecipe

The limited-appearance praecipe must certify the pro bono representation and the party’s inability to pay costs, and specify the agreed terms for ending the representation.

Kindly enter my limited appearance on behalf of _______________ , Plaintiff/Defendant in the above matter. I hereby certify that I have accepted this representation as a pro bono volunteer attorney through the Wayne County Bar Association Pro Bono Program. Pursuant to Pa. R.Civ. P. 240(d)(1), I further certify that I believe the party is unable to pay the costs of this proceeding, including my fees. My representation will end, by agreement with my client, upon ____[specify terms].

CRITICAL

Applies to

Substitution of appearance

Must include

certificate of service

When the client will proceed self-represented after pro bono counsel withdraws, counsel must use the approved Exhibit B substitution form, include the paragraph 1 certifications, and certify service of the withdrawal notice on the client.

In matters where the client will represent her/himself following pro bono counsel’s withdrawal, counsel must use an approved Substitution of Appearance form, attached Exhibit B, to withdraw her/his appearance, which shall include the certifications required by paragraph 1 of this Order and a certificate of service that Notice of Withdrawal of Appearance has been delivered to the client.

CRITICAL

Applies to

Transcript cost waiver application

An application to waive ordinary transcript costs must include a substantially Rule 240(h)-form affidavit and be served with the transcript request form.

The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure and shall be served with the form requesting a transcript.

CRITICAL

Applies to

Motion to withdraw

In matters where the Rules of Civil Procedure require leave of Court to be obtained before withdrawal may occur, counsel shall provide a Motion to Withdraw along with a proposed Rule upon all parties to show cause why said withdrawal should not be permitted.

In matters where the Rules of Civil Procedure require leave of Court to be obtained before withdrawal may occur, counsel shall provide a Motion to Withdraw along with a proposed Rule upon all parties to show cause why said withdrawal should not be permitted.

CRITICAL

Applies to

Withdrawal of counsel

Counsel’s withdrawal form certifies completion of all duties agreed to in the pro bono engagement and limited entry of appearance.

Kindly WITHDRAW my appearance for the filing party. I hereby certify that I have completed all duties I agreed to perform in my Pro Bono engagement for this client, and in the Limited Entry of Appearance I filed in this case.

CRITICAL

Applies to

Transcript payment proof

Proof of the transcript deposit must be provided to the district court administrator.

proof of deposit shall be provided to the district court administrator.

CRITICAL

Applies to

Withdrawal motion

Must include

proposed order

After completing the agreed duties, counsel may withdraw using the specified withdrawal form or, if court approval is required, by motion stating the reasons and attaching a proposed order.

Upon completion of the above duties and consistent with the agreement, I may withdraw my appearance by filing the Entry of Appearance of Withdrawal of Appearance form with the Prothonotary or, if Court approval is required, by filing a Motion to Withdraw stating the reasons for withdrawal and attaching a proposed Order.

CRITICAL

Applies to

Entry of appearance

A self-represented party’s entry of appearance must provide the formerly represented client’s current address and telephone number unless that information is confidential.

Except in such cases where said information has been deemed confidential, any entry of appearance by a self-represented party shall set forth the current address and telephone number of the formerly represented client.

CRITICAL

Applies to

Praecipe

When the Rules of Civil Procedure do not require court leave, withdrawal becomes effective upon filing the Praecipe.

In matters in which leave of Court is not required by the Rules of Civil Procedure, withdrawal shall be effective upon the filing of the Praecipe.

CRITICAL

Applies to

Motion

Motions must be in writing unless made orally during a trial or hearing.

Except for motions made orally during a trial or hearing, all motions shall be written,

CRITICAL

Applies to

Motion

Must include

caption, case number

A motion’s caption must identify the court, action number, proceeding, parties, and counsel or, if there is no counsel of record, the moving party.

shall contain a caption setting forth the name of the court, the number of the action, nature of the proceeding, names of the parties, and the name of counsel, or if no counsel of record, the name of the party making the motion.

CRITICAL

Applies to

Filing

Parties and their attorneys must certify compliance with the applicable public-access rules in substantially the stated language, and the certification must accompany each filing.

D. Attorneys and self-represented parties shall be solely responsible for complying with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''

CRITICAL

Applies to

Confidential document

The listed confidential documents must be filed with the appropriate filing office under a cover sheet designated “Confidential Document Form.”

A. Pursuant to Section 8 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, the following documents are confidential and shall be filed with the appropriate filing office under a cover sheet designated “Confidential Document Form”: 1. Financial Source Documents; 2. Minors' educational records; 3. Medical/Psychological records; 4. Children and Youth Services' records; 5. Marital Property Inventory and Pre-Trial Statement as provided in Pa.R.C.P. 1920.33; 6. Income and Expense Statements as provided in Pa.R.C.P. 1910.27(c); and 7. Agreements between parties as used in 23 Pa.C.S. § 3105.

CRITICAL

Applies to

Exhibit

When an offered exhibit contains confidential information or documents, the proponent must give a completed Confidential Document Form to the staff member maintaining the exhibit index when the evidence is introduced.

If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the proponent shall include a properly completed Confidential Document Form. These forms shall be given by the proponent to the court staff member maintaining the index of exhibits at the time evidence is introduced.

INFO

Applies to

Entry and withdrawal forms

When private counsel replaces pro bono counsel, counsel should use standard entry and withdrawal forms.

In instances where pro bono counsel is being replaced by private counsel (pro bono or otherwise), counsel should use standard entry and withdrawal forms.