THE COURTS
YORK COUNTY
York County Local Rules of Civil Procedure; No. 2009-MI-000166-55
[39 Pa.B. 6729]
[Saturday, November 28, 2009]
Administrative Order And Now, this 9th day of November, 2009, it is hereby Ordered and Decreed that the attached York County Local Rules of Civil Procedure are hereby adopted to govern civil cases in the Court of Common Pleas of York County, Pennsylvania.
The adoption of York County Local Rules of Civil Procedure shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin pursuant to Pa.R.Civ.P. 239. The York County Local Rules of Civil Procedure governing motions practice, those being YCCiv. 205.2(a), 205.2(b), 208.2(c), 208.2(d), 208.2(e), 208.3(a), and 208.3(b), 1028(c), 1034(a), and 1035.2(a) shall become effective upon publication on the UJS Web Portal pursuant to Pa.R.Civ.P. 239.8.
All prior local rules of civil procedure are expressly repealed, and any part of an Administrative Order which is in conflict with any portion of these Rules is vacated and repealed.
It is Further Ordered that in accordance with Pa.R.C.P. 239, the District Court Administrator shall:
(a) File seven (7) certified copies thereof with the Administrative Office of Pennsylvania Courts;
(b) Distribute two (2) certified copies and a diskette hereof to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(c) File one (1) certified copy of York County Local Rules of Civil Procedure with the Civil Procedural Rules Committee for the Supreme Court of Pennsylvania and transmit one copy of the Rules by electronic mail to the Civil Procedural Rules Committee;
(d) File one (1) certified copy of the York County Local Rules of Civil Procedure with the Domestic Relations Rules Committee for the Supreme Court of Pennsylvania;
(e) Distribute one (1) certified copy of the York County Local Rules of Civil Procedure to the Prothonotary of York County, to be kept continuously available for public inspection and for copying. Upon request and payment of reasonable fees for reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
(f) Cause the York County Local Rules of Civil Procedure to be posted conspicuously on the web site of the County of York and cause copies to be made in digital format, for distribution, upon payment of reasonable costs of reproduction.
(g) Supervise the distribution thereof to all Judges and all members of the Bar of this Court.
By the Court
RICHARD K. RENN,
President Judge
York County Local Rules of Civil Procedure
(2009 Revision) Construction and Application of Rules
YCCiv. 51: Title and Citation of Rules:
YCCiv. 52: Effective Date. Application to Pending Ac tions:
YCCiv. 76: Definitions:
YCCiv. 126: Liberal Construction, Application of Rules:Business of Courts
YCCiv. 205.1: Filing Legal Papers:
YCCiv. 205.2(a): Form of Pleadings, Papers and Affida vits:
YCCiv. 205.2(b): Cover Sheet:
YCCiv. 206.1(a): Petitions—Matters Subject to Petition Practice:
YCCiv. 206.4(c): Petitions—Procedure for Rule to Show Cause:
YCCiv. 206.7: Procedure After Issuance of Rule to Show Cause:
YCCiv. 208.2(c): Motions—Statement of Authority:
YCCiv. 208.2(d): Motions—Certification of Concurrence:
YCCiv. 208.2(e): Motions—Discovery Conference Certifi cation:
YCCiv. 208.3(a): Motions—No Response Required: Pro cedure:
YCCiv. 208.3(b): Motions—Response Required: Proce dure:
YCCiv. 210: Form and Content of Briefs
YCCiv. 212.3: Pretrial Conferences
YCCiv. 213: Consolidation of Actions:
YCCiv. 214: Trial List. Continuances:
YCCiv. 223: Admission, Custody and Substitution of Tangible Exhibits:
YCCiv. 225: Arguments of Counsel:
YCCiv. 227.1: Post-Trial Relief:
YCCiv. 227.3: Transcription and filing of trial record:
YCCiv. 237.1: Affidavit as to Military Service:
YCCiv. 230.2: Termination of Inactive Civil Cases:
YCCiv. 230.3: Termination of Inactive Custody Cases:Service by Publication
YCCiv. 430: Manner of Publication:
Landlord Tenant Appeals
YCCiv. 1008: Appeal as Supersedeas In Landlord Ten ant Matters:
Civil Actions
YCCiv. 1012: Withdrawal of Appearance:
YCCiv. 1018.1: Form of Notice to Defend:
YCCiv. 1028(c): Preliminary Objections:
YCCiv. 1034(a): Motion for Judgment on the Pleadings:
YCCiv. 1035.2(a): Motion for Summary Judgment:Action in Ejectment
YCCiv. 1051: Praecipe for Writ:
Arbitration
YCCiv. 1301: Actions to which Arbitration Applies:
YCCiv. 1302: Arbitrators, Panels and Boards:
YCCiv. 1303: Procedure for Scheduling and Holding Arbitrations:
YCCiv. 1305: Pre-Hearing Procedures:
YCCiv. 1306: Report and Award:
YCCiv. 1308: Compensation of Arbitrators:
YCCiv. 1311.1(b): Admission of Documentary Evidence:Equitable Relief
YCCiv. 1531.1: Special Relief. Injunctions:
YCCiv. 1531.2: Injunctions—Hearings:
YCCiv. 1557: Partition of Real Property:Child Custody Actions
YCCiv. 1915.3(a): Commencement of Action:
YCCiv. 1915.3(b): Reference to Conciliator:
YCCiv. 1915.3(c): Entry of Court Order:
YCCiv. 1915.3(d): Scheduling of Trial:
YCCiv. 1915.5: Question of Jurisdiction or Venue:Practice Before Divorce Masters
YCCiv. 1920.31. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses.
YCCiv. 1920.33. Joinder of Related Claims. Distribution of Property. Enforcement.
YCCiv. 1920.51. Appointment of Master. Notice of Hear ing.
YCCiv. 1920.55-1. Alternative Hearing Procedures for Matters Referred to a Master:
YCCiv. 1920.55-2. Master's Report. Notice. Exceptions. Final Decree:Family Law Mediation
YCCiv. 1970: Cases Eligible Family Law Mediation:
YCCiv. 1971: Selection of Mediators; Training:
YCCiv. 1972: Motion for Mediation:
YCCiv. 1973: Conduct of Mediation Conferences:
YCCiv. 1974: Duties and Compensation of Mediator:
YCCiv. 1975: Sanctions for Failing to Participate in Mediation:Minors' Settlements
YCCiv. 2039.1: Minor's Compromise, Settlement, Dis continuance and Distribution:
YCCiv. 2039.2: Order Scheduling Hearing, Final Order, and Affidavit of Deposit:Confession of Judgment
YCCiv. 2959: Striking or Opening Confession of Judg ment—Procedure:
Enforcement of Judgments
YCCiv. 3123.1: Claim for Exemption or Immunity of Property:
YCCiv. 3127: Right of Sheriff to Break and Enter:
YCCiv. 3129.1: Notice to Internal Revenue Service:
YCCiv. 3136(f): Exceptions to Sheriff's Sale:Depositions and Discovery
YCCiv. 4007.1: Procedure in Deposition by Oral Exami nation:
Matters Involving Governmental Action
YCCiv. 5010: Actions Involving Appeals from Depart ment of Transportation Determinations:
YCCiv. 5030: Proceedings to Forfeit Property:
YCCiv. 5050: Determinations Concerning Firearms:
YCCiv. 5070: Exceptions from Determinations of Gov ernmental Actions or Sales of Property:
YCCiv. 5090: Proceedings under Right to Know Law:
YCCiv. 5100: Appeals from Tax Assessments:
YCCiv. 5150: Appeals in Land Use Cases:
YCCiv. 5155: Appeals in Land Use Cases—Disposition:
YCCiv. 5170: Boards of View:
YCCiv. 5200: Appeals from Determinations of Other Governmental Actions:
YCCiv. 5210: Appeals from Determinations of Other Governmental Actions—Dispostition:Miscellaneous Matters
YCCiv. 5700: Security for Costs:
YCCiv. 5710: Service of Copies on Judge:
YCCiv. 5730: Proceedings to Change Name:
York County Local Rules of Civil Procedure
Construction and Application of Rules YCCiv. 51: Title and Citation of Rules:
These Rules shall be known as the York County Local Rules of Civil Procedure, and may be cited as ''YCCiv. _____ ''.
YCCiv. 52: Effective Date. Application to Pending Actions:
(a) These Rules, and any amendments to these Rules, shall become effective thirty (30) days after publication in the Pennsylvania Bulletin as provided in Pennsylvania Rule of Civil Procedure 239, or, with respect to rules relating to motions practice, upon publication to the UJS Web Portal pursuant to Pennsylvania Rule of Civil Procedure 239.8, unless a different effective date is set forth in the Order adopting the rules. Changes to any fees provided for in these Rules will become effective upon the publishing of an Administrative Order revising the fees.
(b) These Rules, and any amendments to these Rules, shall apply to all civil actions of any kind pending on the effective date, and to those filed thereafter.
(c) The enactment of these Rules repeals all prior York County local rules of civil procedure, and any part of an Administrative Order in conflict with these Rules.
YCCiv. 76: Definitions:
Unless otherwise expressly stated, as used in these Rules,
''Action'' means any action or proceeding of any nature pending before the Court of Common Pleas of York County;
''Application'' means, unless otherwise noted, any motion, petition, request, or other document requesting or requiring the signature of a judge or action by the court. The term does not include a complaint as set forth in Pa.R.Civ.P. 1017.
''Clerk of Courts'' means the Clerk of Courts of the Court of Common Pleas of York County, and the office of the Clerk of Courts and deputies and employees thereof.
''Counsel'' means an attorney at law, in good standing, admitted to practice to the bar of this Commonwealth, and may further refer to any party to an action pending before the Court who is unrepresented.
''County'' means York County;
''Court'' means the Court of Common Pleas of York County or a judge thereof;
''Court Administrator'' means the District Court Administrator for the Court of Common Pleas of York County, the Office of the District Court Administrator, and deputies and employees thereof.
''Motion'' means any application to the court for an order, except those otherwise designated by these local rules or by Pa.R.Civ.P. 208.1(b).
''Party'', whether used in the singular or plural, and whether used in these Rules or in any court order, means the party or parties appearing in the action pro se, or the attorney or attorneys of record for such party or parties, where appropriate, unless otherwise indicated;
''Prothonotary'' means the Prothonotary of the Court of Common Pleas of York County and the Office of the Prothonotary and deputies and employees thereof.
YCCiv. 126: Liberal Construction, Application of Rules:
(a) These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action, though the Court expects all parties to comply with these rules.
(b) The court at every stage of any action may disregard any error or defect of procedure which does not affect the substantial rights of the parties.
(c) The court may suspend the application of these Rules in individual cases by written order. When the court issues any order in a specific case which is not consistent with these rules, such order shall constitute a suspension of these rules for such case only and only to the extent that the order is inconsistent.
(d) The court may, in appropriate cases, impose actual costs or a multiple thereof on a party or an attorney of record for violation of these Rules or for violation of state rules of procedure, pursuant to 42 Pa.C.S. Sec. 1726(a).
(e) In the event of any conflict between the application of these rules and any rule of the Supreme Court, Pennsylvania Rules shall take precedence.
Business of Courts YCCiv. 205.1: Filing Legal Papers:
(a) Any party filing an application or other document which requires the signature of a judge or action by the court shall first file the original document with the Prothonotary or the Clerk of Courts, as the case may be.
(1) If the document does not involve a matter to be listed for one-judge disposition pursuant to YCCiv. 208.3(b), then the moving party shall cause a copy of the document requiring action to be delivered to the Court Administrator for assignment to a Judge.
(2) An original proposed order, with a brief title describing the nature of the proposed order (as examples: ''Order Scheduling Argument'' or ''Order Granting Motions for Sanctions'') shall accompany each document delivered to the Court Administrator for assignment, but shall not be fastened together. No proposed orders shall be filed with the Prothonotary with the original application.
(3) Sufficient copies of the proposed order for conforming, for return to the applying party and for service on all other parties shall accompany each document delivered to the Court Administrator for assignment to a judge.
(4) Where notice of the entry of any order is required under Pa.R.Civ.P. 236, the moving party shall include in the proposed order the names of the parties who are required to be notified, and shall provide sufficient copies of the proposed order, with stamped envelopes addressed to those parties bearing the return address of the Prothonotary, so notice can be made, unless notice will be made to a party by electronic means.
(5) Once a document is considered by a judge, the original of any resulting order will be filed by the judge with the Prothonotary and copies of the order will be available for return to the moving party, or for service pursuant to Pa.R.Civ.P. 236.
(6) For matters of which the Prothonotary is not required to give notice under Pa.R.Civ.P. 236, it shall be the responsibility of the moving party to forthwith serve copies of the resulting order, rule, or other action by the court on all parties to the matter and promptly file a certificate of service with the Prothonotary.
(b) Documents shall not be sent by facsimile to a judge or to the Court Administrator without leave of court.
(c) Parties should avoid attaching copies of pleadings or documents already filed of record.
(d) A filed document in a case shall not contain any of the personal data identifiers listed in this rule unless otherwise required by law or permitted by order of court, or unless redacted in conformity with this rule. The personal data identifiers covered by this rule and the required redactions are as follows:
(1) Social Security Numbers. If an individual's Social Security Number must be included in a document, only the last four digits of that number shall be used;
(2) Dates of Birth. If an individual's date of birth must be included, only the year shall be used;
(3) Financial Account Numbers. If financial account numbers must be included, only the last four digits shall be used.
(4) A party wishing to file a document containing the personal data identifiers listed above may file, under seal, a summary reference list indicating the redacted information and their corresponding complete personal data identifiers.
(5) The responsibility for redacting these personal identifiers rests solely with the parties. Documents will not be reviewed by the Prothonotary for compliance with this Rule.
YCCiv. 205.2(a): Form of Pleadings, Papers and Affidavits:
(1) All pleadings, applications, documents and affidavits which are not expressly regulated as to form by Act of Assembly or are forms or documents routinely used or prepared by the courts or court-related agencies, shall conform to the Pennsylvania Rules of Civil Procedure.
(i) The originals of all pleadings, applications, documents and affidavits, and any responses thereto, except forms preprinted by the Court, to be presented to and filed with the Court, shall be backed by and securely fastened to a plain sheet of colored paper or to a document backer, using binder clips. No original document shall be fastened with staples.
(ii) The use of plastic strips is prohibited.
(iii) The use of exhibit tabs is permitted but such tabs shall only be placed at the bottom of the page.
(iv) Filings already of record may be referenced in any subsequent document to be filed, but shall not be attached to the original document to be filed.
(v) Copies of any documents to be provided to the court and opposing parties shall have staples securely covered with no sharp or protruding edges of any kind.
(vi) The first page of any document to be presented to and filed with the Court shall have a three inch margin at the top of the first page pursuant to Pa.R.Civ.P. 204.1, and each subsequent page shall have at least a two inch margin at the top of the page.
(vii) Any application, and any answer thereto, which refers to a record of proceedings, shall specifically refer to the page number and if possible, the line numbers in the record which supports or contradicts the issue which is being addressed.
(viii) Any application being presented to the Court ex parte, whether presented during a motions court session or outside of such session, shall state the following in the body of the application:
1. the reason why such matter is being presented ex parte;
2. that the applicant notified or attempted to notify all other parties of the presentment of the application and the results of the contact; and
3. the steps taken by the applicant to resolve the matter being presented to the Court.
(2) Any document signed by a party for filing shall contain under the signature line the name, address and telephone number of the party, and the facsimile number, (if consent is being given to receive service by facsimile) e-mail address (if contact by e-mail is desired) and Pennsylvania or other state bar identification number, if applicable. When listing the bar identification number, the state's postal abbreviation shall be used as a prefix (that is, PA 12345; NY 24681).
(3) Attachments such as exhibits, documentary evidence, and other matters extraneous to the consideration of applications requiring action by the Court are discouraged.
YCCiv. 205.2(b): Cover Sheet:
All applications requiring action by the Court, and any responses thereto, shall be accompanied by a cover sheet as the first page of the application. The cover sheet shall be substantially in the form as set forth after this Rule. The cover sheet shall include the following information:
(1) Identification of the Court;
(2) The complete caption of the case;
(3) Identifying case number;
(4) If a matter in the case has been considered by a judge, the name of the judge shall appear immediately under the case number. If the case has been assigned to a judge, the judge's name shall appear under the case number and under the names of any judges who previously considered any matter in the case;
(5) The identifying case numbers of any related cases;
(6) The type of action;
(7) The names, addresses and telephone numbers of primary counsel for all represented parties with identification of the party represented by counsel and all pro se parties;
(8) The title of the pleading being submitted; and
(9) The name of the party submitting the pleading.
* * *
Form of Cover Sheet:
[Beginning 3 inches from top of page. See Pa.R.Civ.P. 204.1]
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
NAME OF PLAINTIFF(S) : [ CASE NUMBER ] : [ NAME OF PREVIOUS JUDGE ] vs. : [NAME OF ASSIGNED JUDGE] : [ NUMBERS OF RELATED CASES ] NAME OF DEFENDANT(S) : [ TYPE OF ACTION ] For Plaintiff(s): Name of Attorney
Address of Attorney
Telephone Number of Attorney
Facsimile Number of Attorney
E-mail address of AttorneyFor Defendant(s): Name of Attorney
Address of Attorney
Telephone Number of Attorney
Facsimile Number of Attorney
E-mail address of Attorney
TITLE OF DOCUMENT
Submitted by [Name of Party] * * *
YCCiv. 206.1(a): Petitions—Matters Subject to Petition Practice:
(1) In addition to the applications designated as ''petitions'' pursuant to Pa.R.Civ.P. 206.1(a), the following applications shall proceed as petitions:
Applications to impose sanctions. (The Rule accompanying this petition shall include provisions for the date, time and place for a hearing.)
Applicatons for return of property pursuant to 42 Pa.C.S. Sec. 6802. (The Rule accompanying this petition shall include provisions for the date, time and place for a hearing.) The application shall indicate in the caption a cross reference to the defendant's name and criminal action number and the matter shall be assigned to the judge to whom the underlying criminal case has been assigned.
Petitions for relief from judgment by confession pursuant to Pa.R.Civ.P. 2959. (The Rule accompanying this petition shall be in the form as set forth in Pa.R.Civ.P. 206.5.)
(2) The following applications may proceed as a ''petition'' or may be presented to the court at a session of motions court pursuant to YCCiv. 208.3(a):
Applications to reassess damages. (The Rule accompanying this petition shall include provisions for a date by which a response shall be filed. If no response is filed by that date, a proposed rule absolute, setting forth the relief requested, may be submitted directly to the judge assigned to the matter.)
Applications to obtain ownership of or title to a motor vehicle. If proceeding as a petition, the Rule accompanying this petition must include provisions for a date by which a response shall be filed.
(i) The application and Rule or proposed court order must be served by certified mail, return receipt requested, on the previous owner of record, if any, and upon any other person with a colorable right of title to or possession of the motor vehicle, including all lienholders of record.
(ii) The application shall be verified, and contain a statement of how the applicant came to possess the vehicle, a certified copy of the results of a Department of Transportation records search to identify any previous owner of record, and shall contain a specific description of the vehicle, including year, make, model, and vehicle identification number.
Petitions to Withdraw as Counsel. See Pa.R.Civ.P. 1012(c) and YCCiv. 1012.
YCCiv. 206.4(c): Petitions—Procedure for Rule to Show Cause:
(1) The issuance of a rule to show cause shall be discretionary with the Court and shall be in accordance with Pa.R.Civ.P. 206.5.
(2) The petition seeking issuance of a rule shall be supported by a brief 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, but not bound with the petition; or, in routine petitions that do not raise complex legal or factual issues, in the body of the petition itself.
(3) The petition shall be filed as provided in YCCiv. 205.1. The proposed rule shall be in the form prescribed in Pa.R.Civ.P. 206.5(d), unless otherwise set forth by these Rules.
(4) Should a moving party wish to withdraw the petition from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the petition with the Prothonotary, and shall promptly provide notice to the judge to whom the matter was assigned.
(5) Should a moving party wish to reschedule the presentation of a petition to the Court during a session of motions court, a written notice of that intent shall be sent to the Court Administrator, with a copy to all other parties, specifying the new date on which the petition will be presented to the court. The new date shall be in accordance with the notice requirement set forth in YCCiv. 208.3(a)(2).
YCCiv. 206.7: Procedure After Issuance of Rule to Show Cause:
After the time has expired on a Rule to Show Cause, the relief requested shall be presented to the Court by the filing of a Motion for Rule Absolute.
YCCiv. 208.2(c): Motions—Statement of Authority:
All motions shall be supported by a brief 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, but not bound with the motion, or in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.
YCCiv. 208.2(d): Motions—Certification of Concurrence:
(1) A motion to the court shall contain a certification by the moving party that the party has sought concurrence in the motion from each party and that each party has either concurred in the motion or contests the motion.
(2) A motion that is represented to be uncontested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties, the full text of the motion and proposed order has been disclosed, and that the requested relief is uncontested. A motion which is uncontested and which contains this certification need not be presented in a session of motions court, but shall be presented to the court pursuant to YCCiv. 205.1.
YCCiv. 208.2(e): Motions—Discovery Conference Certification:
A motion relating to discovery shall contain a certification by the moving party that the party has conferred, or attempted to confer, with all interested parties in an attempt to resolve the matter without court action, and has been unable to reach a satisfactory resolution of the issues presented, and shall set forth the details of the efforts made to resolve the matter.
YCCiv. 208.3(a): Motions—No Response Required: Procedure:
(1) All applications to the court requiring action by a judge, except those hereafter excluded, shall be presented to the court at a session of motions court. The times and dates for motions court sessions shall be published by the Court Administrator in the Court Calendar from time to time. Motions shall be filed as set forth in YCCiv. 205.1. No written response shall be necessary.
(2) The moving party must give actual notice to all other parties in interest, and to the motions court judge, of the intention to present an application at a session of motions court at least five (5) days prior to the date of the specific motions court session at which it will be presented, by providing a copy of the application and proposed order to all other parties in interest, and to the District Court Administrator for delivery to the motions court judge, pursuant to YCCiv 205.1. For purposes of this rule only, timely service on a party by facsimile or other electronic transmission will constitute appropriate notice.
(3) All applications to the court shall include a certificate by the moving party that notice was given pursuant to subsection (a)(2) above.
(4) Should a party wish to file a response, an original of the response shall be filed with the Prothonotary and the party shall cause a copy to be delivered to the Court Administrator who will forward the copy to the assigned judge.
(5) Should a moving party wish to reschedule the presentation of an application to the Court, a written notice of that intent shall be sent to the Court Administrator, with a copy to all other parties, specifying the new date on which the motion will be presented to the court. The new date shall be in accordance with the notice requirement set forth in YCCiv. 208.3(a)(2).
(6) Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the Prothonotary, and shall promptly provide notice to the judge to whom the matter was assigned.
(7) The following applications need not be presented in a session of motions court, but shall be presented to the court pursuant to YCCiv. 205.1:
Petitions for preliminary or special injunctions (See YCCiv. 1531.1 et seq.)
Uncontested motions: Provided, however, that the motion includes a certification as set forth in YCCiv. 208.2(d)(2).
Stipulated orders;
Petitions for rules to show cause; (See YCCiv. 206.1(a) and 206.4.)
Motions to make rules absolute;
Requests for continuances of scheduled hearings:(i) In all matters in which a hearing has been scheduled by a judge and in which a continuance is sought, the moving party shall first contact all other parties in interest to determine whether there is an objection to the continuance.
(ii) If there is no objection, the motion shall so state and an order representing the agreement of the parties shall be filed seeking a rescheduled hearing.
(iii) In the event of an objection by any party, the reasons for the objection shall be stated in the motion.
(iv) Agreement to a continuance by all parties does not assure that a continuance will be granted by the court. The parties are expected to use pre-printed forms developed by the court for such purpose. When such forms are used, the motion shall not be filed with the Prothonotary first, but shall be delivered to Court Administration for assignment to the hearing judge.
Applications for leave of court to withdraw entry of appearance; Provided, however, that counsel seeking to withdraw has given at least twenty (20) days written notice of intent to withdraw to the client and all parties in interest and no objection has been made. The application and proposed order shall contain the last known address and telephone number of the client. See YCCiv. 1012 and Pa.R.Civ.P. 1012.
Motions for alternative service. (Such motions shall have a copy of the Sheriff's return of service attached to the motion, in addition to the other matters required by law or rule of court. See Pa.R.Civ.P. 430.);
Applications for reassessment of damages. (See YCCiv. 206.1(a).)
Motions for reconsideration; These motions shall be assigned to the judge for whose order reconsideration is being requested.
Motions relating to matters covered by an order resulting from a pre-trial conference. These motions shall be assigned to the judge who conducted the pre-trial conference.
Motions relating directly to matters pending before divorce master. These motions shall be filed with the master assigned to the case pursuant to YCCiv. 1920.55-1.
Motions for judgment by default in quiet title actions;
Petitions for approval of minor settlements, wrongful death settlements transfer of structured settlements, and settlements involving an incompetent;
Applications to intervene pursuant to Pa.R.Civ.P. 2326 et seq.
Petitions for a name change;
Appointment of constables, private police officers, and municipal officers;
Appointment of persons to Board of View; provided, however, that no motion shall be filed until such time as the pleadings have closed.
Detective licenses; and
Termination of inactive civil cases under YCCiv. 230.2.
YCCiv. 208.3(b): Motions—Response Required: Procedure:
(1) The following pleadings or motions shall require a written response, by way of an answer or a brief in response, or both, as the case may be.
(i) If a motion requires an answer, the answer shall be filed upon all parties within twenty (20) days of service of the motion.
(ii) After all matters necessary to rule on the motion have concluded, the motion shall be presented to the court by the filing of a praecipe with the Prothonotary to list the matter for disposition by one judge, or the court en banc, as the case may be.
(iii) Copies of the praecipe shall be sent to all counsel and unrepresented parties of record. A certificate of service identifying all counsel of record, who they represent, and all unrepresented parties, with addresses and telephone numbers shall be attached to the praecipe.
(2) Matters for disposition by one judge: Matters to be disposed of by one judge shall include:
Petitions and rules to show cause, which shall proceed pursuant to Pa.R.Civ.P. 206.5 and 206.7.
Preliminary objections (see YCCiv. 1028(c));
Motions for judgment on the pleadings (see YCCiv. 1034(a));
Motions for summary judgment (see YCCiv. 1035.2(a));
Exceptions to the report of a master in divorce (see YCCiv 1920.55-2), to reports of boards of view, (see YCCiv. 5170), or to proposed schedule of distribution from Sheriff's sale, (see YCCiv. 3136).
Appeals from decisions of a zoning hearing board, a board of school directors or other local government agency. (See YCCiv. 5150 and 5200.)
(3) Procedure in one-judge disposition matters: Unless otherwise noted in these local rules or by order of court:
(i) All applications which are filed requiring disposition by one judge shall be supported by a brief filed within ten (10) days of the date of filing of the application.
(ii) One original brief in opposition shall be filed by all parties opposing the application within thirty (30) days after the date of filing of the application of the moving party.
(iii) Any brief in reply shall be filed within five (5) days after service of the brief in opposition to the motion.
(iv) Copies of briefs shall be promptly served on all parties and a certificate of service shall be filed with the Prothonotary.
(v) Upon timely filing and service of briefs, any party may list the matter for disposition by one judge by filing a praecipe with the Prothonotary. The praecipe shall include the name of any judge (other than motions court judge) to whom the case was previously assigned. The praecipe shall be in substantially the form as set forth in this Rule.
(4) Matters for disposition by a court en banc. Matters to be disposed of by a court en banc shall include matters specifically required to be heard en banc pursuant to statute, rule or appellate decision, and matters specifically ordered to be heard en banc by a judge of this court, either pursuant to Pa.R.C.P. 227.2 or otherwise.
(5) Procedure for disposition of matters en banc: Matters to be disposed of by the court en banc shall proceed the same as matters to be disposed of by one judge.
(6) Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the Prothonotary, and shall promptly provide notice to the judge to whom the matter was assigned.
(7) The praecipe to list a matter for disposition before the court shall be in substantially the following form:
Form of Praecipe to List Matter for Disposition:
[Beginning 3 inches from top of page. See Pa.R.Civ.P. 204.1]
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
NAME OF PLAINTIFF(S) : [ CASE NUMBER ] : [ NAME OF PREVIOUS JUDGE ] vs. : [NAME OF ASSIGNED JUDGE] : [ NUMBERS OF RELATED CASES ] NAME OF DEFENDANT(S) : [ TYPE OF ACTION ]
PRAECIPE TO LIST FOR [ONE JUDGE / EN BANC] DISPOSITION TO THE PROTHONOTARY:
List this matter for [one judge / en banc] disposition:
Document to be ruled upon: __________
Brief in support filed on: __________
Brief in opposition filed on: __________
Oral Argument Requested? _____ Yes _____ No
Date: _________________ __________
Submitted by [Name of Party]
Name of Attorney
Address of Attorney
Telephone Number of Attorney
Facsimile Number of Attorney
E-mail address of Attorney[Attach Certificate of Service with information required by YCCiv. 208.3(b)(1)(iii), above.]
YCCiv. 210: Form and Content of Briefs:
(a) All briefs shall be typewritten on 8 1/2" by 11" paper and shall contain complete and accurate citations of all authorities. The front page of a brief shall have a three (3) inch margin at the top for court stampings and notations, and each subsequent page shall have at least a two (2) inch margin at the top. Briefs shall contain a procedural history of the case, a statement of facts, a statement of questions involved and argument. All briefs more than ten (10) pages in length shall contain a table of contents.
(b) Parties shall file one original of a brief with the Prothonotary. The original shall be backed by and securely fastened in a document cover using binder clips. A party may cause a courtesy copy of the brief to be delivered to the chambers of the judge assigned to the case.
(c) A copy of any brief filed shall be promptly served on all other parties and the original brief shall have attached thereto a certificate of service as to all other parties.
YCCiv. 212.3: Pretrial Conferences:
(a) When an action is ready for trial, any party who desires to proceed to trial shall list the action for a pretrial conference by filing a praecipe with the Prothonotary, and delivering a copy of the praecipe to the Court Administrator for assignment to a judge.
(1) The praecipe shall request a pretrial conference and indicate whether the proposed trial is a jury or a nonjury trial.
(2) Copies of the praecipe shall be sent to all counsel and unrepresented parties of record. A certificate of service identifying all counsel of record, who they represent, and all unrepresented parties, with addresses and telephone numbers shall be attached to the praecipe.
(3) The praecipe shall be in substantially the same form as that which follows.
(b) No party shall list an action for pre-trial conference until after:
(1) A Case Management Plan has been executed by all parties and filed with the Prothonotary, and all dates contained therein have passed; and
(2) A certificate of readiness has been executed by all parties and filed with the Prothonotary; or
(3) The listing is consistent with the provisions of a scheduling order filed in the action.
(c) All actions listed for a pre-trial conference shall be assigned to a judge by the Court Administrator.
(d) One original of each party's pre-trial memorandum in such form and containing such information as is directed in an order scheduling a pre-trial conference shall be filed with the Prothonotary at least one week prior to the date of the pre-trial conference. Pre-trial memoranda shall not contain copies of proposed exhibits, copies of matters previously filed of record, or copies of discovery materials.
(e) In the event that the parties are unable to agree on a case management plan, or upon other cause shown, a party may move the court to schedule a case management conference or issue a case scheduling order.
(f) Motions implicating matters set forth in any order resulting from the pre-trial conference, including requests for discovery, sanctions, and motions in limine shall be assigned to the Judge who conducted the pre-trial conference.
YCCiv. 213: Consolidation of Actions:
(a) An order consolidating actions shall contain the captions of all cases consolidated, shall include a reference to the caption and case number to which the cases are consolidated and to which all future filings shall be made.
(b) An original order consolidating actions shall filed in all case files affected by the consolidation.
YCCiv. 214: Trial List. Continuances:
(a) The civil trial terms shall be published annually in the Court Calendar which shall be made available to the public in printed and electronic formats.
(b) A case shall be placed on the trial list for a particular term of trials by the Court Administrator pursuant to a scheduling order issued by a judge. A case may also be placed on a trial list by the filing of a praecipe by a party with the Prothonotary after a case has been certified by a judge as ready for trial. The praecipe shall be in substantially the form as set forth below.
(c) A call of all cases listed for trial shall be made on the second Monday preceding the start of a trial term. In the event that a court holiday falls on that Monday, the call of the list will be held on the Tuesday immediately following.
(d) If a case is not answered at the call, it shall remain on the list of cases and shall be scheduled for trial.
(e) A case continued from or not tried in a scheduled trial term will be listed for trial by the Court Administrator in the next available trial term.
(f) Absent exceptional circumstances, a case shall not be continued after it has been called for trial at the call of the trial list.
(g) Should a case which has been placed on a trial list settle prior to being called for trial, Plaintiff shall notify, by correspondence, the Court Administrator and the judge who conducted the pre-trial conference, of the fact of settlement. The Court Administrator, upon receipt of such notice, shall remove the case from the trial list.
* * *
Form of Praecipes for Pre-Trial Conference and for Trial
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
Plaintiff's Name : Case Number: : vs. : Type of Action Defendant's Name: :
PRAECIPE TO LIST CASE FOR [ PRE-TRIAL CONFERENCE / TRIAL ] TO THE PROTHONORARY:
Please list this case for [ Pre-trial Conference / Trial ]. A copy of this praecipe was sent to all parties on ______ .
Name of Judge previously assigned other than for motions court matters:
__________Date Case Management Plan filed: ___________________________ .
Last Date for matters to be accomplished: ___________________________ .
All matters listed in Case Management Plan have been completed.
Type of trial requested: [ ] Jury [ ] Non-jury
If this matter is to be listed for trial, the date of the pre-trial conference was _________________ before Judge _________________ .
Estimated length of time for trial: ___________________________ .
Date: _________________ Submitted by __________
Name of Attorney
Address of Attorney
Telephone Number of Attorney
Facsimile Number of Attorney
E-mail address of Attorney
[Attach Certificate of Service with the information required by YCCiv. 212.3(a)(2).]
* * *
YCCiv. 223: Admission, Custody and Substitution of Tangible Exhibits:
(a) Counsel for the respective parties shall retain possession, and shall be responsible for the care and custody, of all tangible exhibits used at trial, whether or not the same have been presented, marked, identified and used, until such time as they have been formally offered into evidence and the court has made a specific order directing their admission into evidence.
(b) From and after the making of such formal court order of admission, the Prothonotary shall take possession, and shall be responsible for the care and custody, of all such tangible exhibits during the remainder of the trial and thereafter until further order of the court.
(c) Immediately upon the termination of the trial, the Prothonotary shall assemble and identify all such exhibits to the particular case and shall be responsible for their secure care, custody and maintenance, and no such exhibits shall thereafter be removed or destroyed except upon order of the court.
(d) At any time after final disposition of the case, the Prothonotary may, after ten days written notice to counsel for all parties, apply to the court for an order authorizing the removal and disposition by destruction or otherwise of any tangible exhibit of a size or weight precluding its enclosure in a regular case file.
(e) A party who introduces an exhibit which is not readily stored in a standard letter-sized folder shall cause the exhibit to be reduced in size, photographed, or otherwise reproduced so that the exhibit may be readily stored in such folder without impairment of its visual quality.
(f) A party who introduces an exhibit which is not readily stored in a standard letter-sized folder or easily reduced to such size shall take sufficient photographs of the exhibit, or otherwise reproduce it, to accurately capture its likeness, using either film or digital medium and may be expected to substitute the photographs or other reproduction for the actual exhibit in the trial record.
(g) Parties are expected to reduce large quantities of paper records or exhibits to commonly used electronic formats, stored on compact disk (CD) or digital video disks (DVD), for use at trial and for inclusion in the trial record.
(h) In the event that an exhibit is substituted by one of the means set forth in this Rule, the offering party shall maintain the original exhibit in safe keeping until the conclusion of the case in which the exhibit was admitted into evidence or made a part of the record.
(i) In the event special software is needed to view electronically stored exhibits, the party offering the exhibits may be required to provide such software to the Court for use during trial.
(j) A document or other instrument incorporated into a pleading or an exhibit to a pleading may be offered in evidence without producing or accounting for the absence of the original if the adverse party in a responsive pleading has not demanded the production of the original at the trial.
YCCiv. 225: Arguments of Counsel:
(a) One attorney for each plaintiff or each group of plaintiffs asserting the same cause of action may make an opening address to the jury. One attorney for each defendant or each group of defendants against whom the same cause of action is asserted may make an opening address. The proof offered by any party shall not be restricted to matters referred to in such addresses if otherwise admissible.
(b) After the close of the evidence, one party may first address the jury for each party or group of parties against whom the same cause of action is asserted. The party or parties under a burden of proof shall speak after those addresses.
YCCiv. 227.1: Post-Trial Relief:
(a) Motions for post-trial relief shall be in such form and shall contain the information required by Pa.R.Civ.P. 227.1, 227.3 (relating to transcripts) and YCCiv. 205.2. A citation to the page in the trial transcript or to the case record where an alleged error was raised and addressed by the parties and the court shall be included either in the motion for post-trial relief or in the brief in support of the motion.
(b) A party filing a motion for post-trial relief shall file one original motion with the Prothonotary. A copy shall be promptly served on all other parties, and the moving party shall cause a copy to be delivered to the Court Administrator for delivery to the trial judge within the time periods set forth in Pa.R.Civ.P. 227.1(c).
(c) Briefs in support of or in opposition to motions for post-trial relief shall be in such form and shall contain the information set forth in YCCiv. 210.
(1) One original brief in support of a motion for post-trial relief shall be filed with the Prothonotary within fifteen (15) days after the date of filing of the motion for post-trial relief.
(2) Where a request or an order for the transcription of the record or any part thereof was entered, a brief in support of a post-trial motion for relief shall be filed within fifteen (15) days after the filing of the transcript.
(3) Within twenty (20) days after service of the brief in support of a post-trial motion, all parties desiring to oppose such motion shall file a brief in opposition.
(d) The moving party or parties shall notify the trial judge in writing that the above matters have been completed, or not completed as the case may be, and that the case is ripe for disposition on post-trial relief.
(e) Any party may request oral argument on post-trial motions.
YCCiv. 227.3: Transcription and filing of trial record:
(a) Copies of a formal request for a transcript of all or part of a proceeding shall be delivered as provided in the applicable state rules.
(b) The trial judge, upon receiving a request for a transcript of all or a part of a proceeding in a post-trial motion, shall enter an order designating the record or a portion thereof to be transcribed.
(c) Upon completion and filing of the transcript so ordered, the court reporter shall file and serve on all parties and the trial judge a statement that the transcript so ordered has been filed and shall state the date of filing.
YCCiv. 237.1: Affidavit as to Military Service:
(a) No judgment by default shall be filed unless the moving party shall have first filed the affidavit required by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. § 521, stating whether the adverse party is in military service as therein defined.
(b) If the moving party is unable to ascertain whether the adverse party is in military service, the moving party shall so state in the affidavit.
YCCiv. 230.2: Termination of Inactive Civil Cases:
(a) All civil cases filed in this court, except as provided in (a)(1), (2) and (3), which shall not have been reduced to judgment or final order, and in which there has been no activity of record for a continuous period of two (2) years or more shall be terminated as herein provided, in accordance with Pa.R.Civ.P. 230.2.
(1) Condemnation proceedings shall not be terminated.
(2) In all divorce proceedings, the cases shall not be terminated for a period of five (5) years, commencing from the date of last docket activity;
(3) In all support and custody proceedings, the cases shall not be terminated for a period of three (3) years, commencing from the date of last docket activity. For special provisions concerning custody cases, see YCCiv. 230.3
(b) On or before the last Friday in each of the months of January and June of each calendar year, the Prothonotary shall cause notice containing the information required by Pa.R.Civ.P. 230.2(e) to be sent to counsel of record and to unrepresented parties, that a case shall be terminated, pursuant to the time limits set forth in Pa.R.Civ.P. 230.2(b), which
(1) have become inactive cases as herein defined as of the close of the preceding calendar year; and
(2) previously became inactive cases as herein defined but have not yet been terminated.
(c) Notice shall be served by the Prothonotary in the manner required by Pa.R.Civ.P. 230.2(b)(2), except that if the mailed notice is returned, the notice shall be served by the Prothonotary by advertising one time in the York Legal Record. Publication shall take place at least sixty (60) days prior to the scheduled date of termination.
(d) If an action has been terminated, an aggrieved party may file a motion with the court, pursuant to YCCiv. 208.3(a), to reinstate the action.
YCCiv. 230.3: Termination of Inactive Custody Cases:
(a) All custody cases filed in this Court in which there has been no activity of record for a continuous period of three (3) years or more preceding the end of each calendar year, shall be placed on inactive status as herein provided.
(b) On or before the last Friday of April of each calendar year, the Prothonotary shall cause notice containing the information required by Pa.R.Civ.P. 230.2(e) to be sent to counsel of record and to unrepresented parties, that a case shall be terminated, pursuant to the time limits set forth in Pa.R.Civ.P. 230.2(b), which
(1) have become inactive cases as herein defined as of the close of the preceding calendar year; and
(2) previously became inactive cases as herein defined but have not yet been terminated.
(c) Notice shall be served by the Prothonotary in the manner required by Pa.R.Civ.P. 230.2(b)(2), except that if the mailed notice is returned, the notice shall be served by the Prothonotary by advertising one time in the York Legal Record. Publication shall take place at least sixty (60) days prior to the scheduled date of termination.
(d) Any case placed on the inactive list may be reactivated by the filing of a praecipe to reactivate and the payment of the filing fee then prevailing.
Service by Publication YCCiv. 430: Manner of Publication:
(a) Whenever an Act of Assembly or a rule of court specifies that notice shall be given or service shall be made by publication but does not specify the manner of publication or expressly states that publication shall be made in such manner as the Court of Common Pleas shall direct, publication shall be made one (1) time in each of the York Legal Record and in one (1) daily newspaper of general circulation in the county.
(b) Service by publication shall be made in such a manner that the person so served shall have at least twenty (20) days after publication to act on the matter served by publication.
(c) Service shall be complete upon the appearance of the last complete publication. Proofs of publication shall be filed before judgment or any other action is taken by the party serving by publication.
(d) When publication of notice of suit is ordered, the notice shall contain, in addition to the information set forth in Pa.R.Civ.P. 430(b)(1), sufficient information to identify all parties to the action, the nature of the subject matter of the suit, and if the suit involves any claim to or about real property, a description of the real property sufficient to identify its location.
Landlord Tenant Appeals YCCiv. 1008: Appeal as Supersedeas In Landlord Tenant Matters:
(a) Appeals to the Court of Common Pleas in landlord tenant matters shall act as a supersedeas to the extent of and pursuant to the procedure set forth in Pa.R.C.P.M.D.J. 1008.
(b) Motions for relief under Pa.R.C.P.M.D.J. 1008, including motions for release of escrow, shall be presented to the Court pursuant to YCCiv. 208.3(a).
Civil Actions YCCiv. 1012: Withdrawal of Appearance:
(a) An attorney wishing to withdraw from a case by leave of court shall file a petition in such form and containing the information set forth in YCCiv. 205.2 and shall otherwise comply with the requirements of Pa.R.Civ.P. 1012. The petition shall be filed pursuant to YCCiv. 205.1 and YCCiv. 208.3(a). An attorney who has given at least twenty (20) days notice to the client and all other parties of intent to file a motion to withdraw, and who has received no opposition to such motion, may file the petition pursuant to YCCiv. 208.3(a)(7).
(1) A petition requesting leave to withdraw an appearance shall state that prior notice of intent to withdraw has been given to the client and all parties, and the date on which such notice was given.
(2) A petition requesting leave to withdraw an appearance shall state whether any proceeding is pending, the nature of the pending proceeding, and the next date of any court proceeding.
(3) A petition requesting leave to withdraw an appearance shall state that the attorney has sent to the client all court orders which require any action to be taken by the client.
(b) An attorney who has been given permission to withdraw from a case, or who has withdrawn from a case, pursuant to Pa.R.Civ.P. 1012, shall include in the proposed order permitting withdrawal the last known address and telephone number of the attorney's client, or shall, within five days of being granted permission to withdraw, file with the Prothonotary and serve on all other parties a praecipe setting forth that information.
(c) An attorney who has been given permission to withdraw from a case, or who has withdrawn from a case, pursuant to Pa.R.Civ.P. 1012, shall send to the client a copy of any previous court order which may require the client to file documents, attend proceedings, or take any other action in a pending matter after the attorney has withdrawn, and shall file a certificate evidencing such service, if not previously set forth in the petition to withdraw.
YCCiv. 1018.1: Form of Notice to Defend:
(a) Every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall begin with a notice to defend in both English and Spanish, containing the information and in substantially the same form as that set forth in Pa.R.Civ.P. 1018.1(b).
(b) The organization from whom information may be obtained about legal services to eligible persons at a reduced fee or no fee is:
Lawyer Referral Service of
The York County Bar Association
(Attorney Connections)
York County Bar Center
137 East Market Street
York, Pennsylvania 17401
Telephone No. (717) 854-8755(c) Spanish translations of the notice to defend for divorce and custody complaints and petitions for protection from abuse shall be available in the office of the Prothonotary.
YCCiv. 1028(c): Preliminary Objections:
(1) One original of the preliminary objections shall be filed with the Prothonotary. They shall be in such form and shall include the information as set forth in YCCiv. 205.2(a) and YCCiv. 205.2(b).
(2) Preliminary objections filed by a party shall be resolved by one judge pursuant to YCCiv. 208.3(b).
YCCiv. 1034(a): Motion for Judgment on the Pleadings:
(1) One original of the motion for judgment on the pleadings shall be filed with the Prothonotary. It shall be in such form and shall include the information as set forth in YCCiv. 205.2(a) and YCCiv. 205.2(b).
(2) A motion for judgment on the pleadings filed by a party shall be resolved by one judge pursuant to YCCiv. 208.3(b)
YCCiv. 1035.2(a): Motion for Summary Judgment:
(a) An original of the motion for summary judgment shall be filed with the Prothonotary. It shall be in such form and shall include the information as set forth in YCCiv. 205.2(a) and YCCiv. 205.2(b).
(b) A motion for summary judgment filed by a party shall be resolved by one judge pursuant to YCCiv. 208.3(b).
Action in Ejectment YCCiv. 1051: Praecipe for Writ:
If an action of ejectment is commenced by filing a praecipe for a writ of summons, the praecipe shall contain:
(a) A description of the land sufficient to identify it, either by metes and bounds or by reference to street number, dimensions, area or adjoinders; and
(b) A reference to a place of record from which a complete description may be obtained.
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