Court of Common Pleas of Wayne County, Pennsylvania Service and Proof of Service Rules

CRITICAL

Applies to

Court orders and notices

Legal papers must be served under Pa.R.Crim.P. 576 on attorneys and parties without accounts, including the Sheriff, Adult Probation, Court Reporter, and Court Administration for orders and notices.

Service of legal papers on any attorney or party who has not established an account as provided in subsection (D) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specifically, the following offices must be served in accordance with Rule 576: Sheriff, Adult Probation, Court Reporter, and Court Administration. This applies to the service of court orders and notices.

CRITICAL

The defendant and surety must each be given a copy of the bail bond.

The defendant and surety shall be given a copy of the bail bond.

CRITICAL

Applies to

Transcript request

The requesting party must serve copies of the formal transcript request on the presiding judge, court recorder, district court administrator, and opposing counsel or, if unrepresented, the opposing party.

The requesting party shall also serve copies of the formal request to: - (1) the judge presiding over the matter; - (2) the court recorder; - (3) the district court administrator; and, - (4) opposing counsel, but if not represented the opposing party.

CRITICAL

Parties using PACFile must serve physical paper copies on every party who does not use PACFile.

Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACFile, pursuant to Pa.R.Crim.P. 576.

CRITICAL

Deadline

48 hours

For a motion, petition, or application on which opposing parties have a right to be heard, the moving party must give each opposing party at least 48 hours’ notice of the presentation time, unless an emergency makes that impracticable, in which case as much notice as reasonably possible must be given.

If the Motion, Petition or Application is of such nature that opposing parties have the right to be heard, the moving party shall give each opposing party at least forty-eight (48) hours notice of the time when the moving party will appear and present such motion, petition or application, unless the emergency nature of the matter presents such notice. In that situation, the moving party shall give as much notice as is reasonably possible.

CRITICAL

Service

Publication

Notices and special service that must be published in a county legal journal must appear in the LEGAL JOURNAL OF WAYNE COUNTY.

A. This Court hereby designates the LEGAL JOURNAL OF WAYNE COUNTY as the legal publication for Wayne County. All notices and special service required to be published in a legal journal of the County as required by Rule or Statute shall be published in the LEGAL JOURNAL OF WAYNE COUNTY.

CRITICAL

Service

Electronic service to all parties

Submitting an electronic filing satisfies service requirements for attorneys or parties with a PACFile account.

The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in subsection D.

CRITICAL

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of documents filed through PACFile.

Pursuant to Pennsylvania Rule of Criminal Procedure 576.1(D)(2), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile

CRITICAL

When filing a withdrawal or motion to withdraw, counsel must provide a copy to the client.

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

Service

Mail to all parties

Counsel certifies that a true and correct copy is served on all parties or their counsel by prepaid first-class mail.

I also certify that on behalf of the filing party, I am this day serving a true and correct copy of this document on all parties (including the party named above) and/or their counsel of record, by first class mail, postage prepaid.

CRITICAL

When court leave is required for withdrawal, counsel must provide the motion to withdraw and proposed show-cause rule to all parties.

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

Transcript cost waiver application

The transcript-cost waiver application must be served with the form requesting the transcript.

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

Service

Electronic service

Using PACFile constitutes the filer’s certification that the filer will accept electronic notices and service through PACFile.

Use of the PACFile system shall constitute as the filer's certification that the electronic notice and service of other documents through the PACFile system will be accepted by filer.

INFO

Pleadings and legal papers may be served on the self-represented party at the address listed, which need not be the party’s home address if court rules allow.

All pleadings and legal papers can be served on me at the address listed below, which may or may not be my home address as allowed by court rule: