THE COURTS
Title 255—LOCAL COURT RULES
CLINTON COUNTY
Local Rules; 29 January Term 1976
[48 Pa.B. 6551]
[Saturday, October 13, 2018]
Administrative Order of Court And Now, this 28th day of September, 2018, the Court hereby rescinds all of the former Local Rules of Clinton County and hereby adopts the following Local Rules packet in its entirety, effective thirty (30) days after the publication of same in the Pennsylvania Bulletin.
The Clinton County Judicial Law Clerk is Ordered and Directed to do the following:
1. File with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin by emailing a copy of this order to bulletin@palrb.us and sending two (2) certified copies to:
Legislative Reference Bureau
Pa. Code & Bulletin Office
647 Main Capitol Building
Harrisburgh, PA 177120-00332. Publish a copy of this Administrative Order and the entire copy of the Clinton County Local Rules on the Clinton County Court website within thirty (30) days after the publication in the Pennsylvania Bulletin.
By the Court
CRAIG P. MILLER,
President Judge
LOCAL RULES OF JUDICIAL ADMINISTRATION Rule 101. Title and Citation of Rules.
(A) These rules shall be known as the Clinton County Rules of Miscellaneous Procedure and may be cited as ''Clinton R.J.Admin. No. ______ .''
(B) These rules shall govern all proceedings in the criminal division of the Court and shall be construed either consistent with or subordinate to all rules or decision of the Supreme Court of Pennsylvania, the rules of the Judicial Council of Pennsylvania, or any statutes still in effect governing practice and procedure.
Rule 200. Confidential Documents.
(A) Unless required by applicable authority the following information is confidential and shall be not included in any document filed with the Court or the Office of the Prothonotary, Clerk of Courts, or Clerk of Orphans' Court, except on a Confidential Information Form filed contemporaneously with the document:
(1) Social Security Numbers;
(2) Financial Account Numbers, except on active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified;
(3) Driver License Numbers;
(4) State Identification (SID) Numbers;
(5) Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355); and
(6) Abuse victim's address and other contact information, including employer's name, address and work schedule, in family court actions as defined by Pa.R.C.P. No. 1931(a), except for victim's name.
This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable authority.
(B) The Confidential Information Form shall be available on the website of the Court and at the Office of Court Administrator.
(C) Parties and their attorneys shall be solely responsible for complying with the provisions of this section and shall certify their compliance to the Court. The certification that shall accompany each filing shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.''
(D) The Court or staff of the Office of the Prothonotary, Clerk of Courts, or Clerk of Orphans' Court is not required to review or redact any filed document for compliance with this section. A party's or attorney's failure to comply with this section shall not affect access to case records that are otherwise accessible.
(E) If a filed document fails to comply with the requirements of this section, the Court may, upon motion or its own initiative, with or without a hearing order the filed document sealed, redacted, amended or any combination thereof. The Court may impose sanctions, including costs necessary to prepare a compliant document for filing in accordance with applicable authority.
(F) This section shall apply to all documents for any case filed with the Court or in the Office of the Prothonotary, Clerk of Courts, or Clerk of Orphans' Court.
Rule 1901. Termination of Inactive Cases at Magisterial District Courts.
(A) An ''inactive matter'' is defined as any civil or criminal proceeding filed in any Magisterial District Office in which no action has been taken for a continuous period of twenty-four (24) months.
(B) On or before March 1st of each year, each Magisterial District Judge, after at least thirty (30) days written notice to all parties and any attorney representing any parties, shall dismiss said inactive matters.
(C) On or before May 1st of each year, each Magisterial District Judge shall transmit to the Court Administrator and the President Judge a written report of any inactive matter which has been dismissed along with an explanation concerning any inactive matter which has not been dismissed.
(D) Magisterial District Judges shall destroy files of terminated cases three (3) years after the order of termination or an audit by the Commonwealth of Pennsylvania has been completed, whichever is later.
Rule 4007. Court Reporters and Transcripts.
(A) General Provisions
(1) The District Court Administrator is the designee for purposes of the administration of this local rule.
(2) This rule shall not interfere with or otherwise limit the income of Court Reporters. Court Reporters shall continue to be properly compensated for their professional services as related to the preparation of transcripts and orders.
(B) Procedures
(1) Format. Requests for ordinary transcripts shall be set forth on a standardized form provided by the District Court Administrator of the Commonwealth of Pennsylvania and available at the Office of the District Court Administrator of Clinton County or the Clinton County Website.
(2) Requests for Transcripts. For an ordinary transcript, the party requesting the full or partial transcript of a trial or other proceeding shall file the original request with the appropriate filing office of the court (Clerk of Courts, Prothonotary, or Orphan's Court).
(3) Service. The Requesting Party shall serve copies of the formal request to:
(a) The Presiding Judge;
(b) The Court Reporter(s) assigned to the proceeding;
(c) The District Court Administrator; and
(d) All opposing counsel or parties if party is unrep- resented.
(4) Costs. The Court Reporter, upon receipt of request, shall estimate the cost of transcribing the requested transcript and provide that information to the District Court Administrator. The District Court Administrator shall forward that information to the requesting party.
(5) Requests for Daily, Expedited or Same Day Transcript.
(a) Requests for daily, expedited or same day transcript shall be filed in writing in the appropriate filing office at least thirty (30) days prior to the beginning of proceedings.
(b) Copies of the written request shall be served as provided for by Section (B)(3) supra.
(c) In the event of an emergency, a party may request by oral motion to the court a daily, expedited or same day transcript. Granting said request shall be at the discretion of the Court.
(6) Private Litigants. When a private litigant requests a transcript, the party ordering said transcript shall make a payment of 75% of the estimated cost of the transcript as determined on the official request for transcript form.
(7) Payment of Costs. Deposit checks shall be made payable to The County of Clinton-Transcript Deposit Fund and shall be delivered to the District Court Administrator.
(8) Preparation of Transcript. Upon receipt of the 75% deposit, the Court Reporter assigned to the proceeding shall be directed by the District Court Administrator to prepare the transcript.
(9) Notice of Completion. The Court Reporter(s) shall notify the ordering party and the District Court Administrator of the completion of the transcript and the final cost thereof. The Court Reporter(s) shall deliver a copy to the District Court Administrator. The original transcript shall not be filed and counsel or parties shall not receive copies until payment in full is received by the District Court Administrator.
(10) Payment of Balance. Checks for the final balance due will be made payable to The County of Clinton-Transcript Deposit Fund and delivered to the District Court Administrator. Upon receipt of payment in full, the Court Reporter shall file and deliver the transcript to the requesting party or parties and upon presentation of an appropriate bill by the Court Reporter, the County shall make payment to the Court Reporter.
(11) Economic Hardship.
(a) The application to waive all or a portion of the costs for an ordinary transcript shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure. Such application should be prepared in the form of a petition to waive all or a portion of the transcript costs and filed in the appropriate filing office.
(b) When a litigant requests a transcript but cannot pay for the transcript due to alleged economic hardship, the Court will determine economic hardship pursuant to the procedure set forth in Paragraph (C)(3) infra.
(c) In cases of economic hardship where the matter is under appeal or a transcript is necessary to advance litigation, the cost of procuring the transcript shall be waived or otherwise adjusted by the Court.
(d) In cases of economic hardship where there is no pending appeal or there exist no obvious need for the transcript to advance litigation, the requesting party must demonstrate reasonable need for said transcript which shall be set forth in the request for transcript before the Court shall waive or adjust the cost of obtaining the transcript. The Court will determine if the requesting party has demonstrated reasonable need to have the transcript prepared without payment of the cost of the transcript.
(C) Rates
Transcript cost payable by a requesting party other than the Commonwealth or a subdivision thereof shall be governed as follows:
(1) Costs Payable. The costs payable by the initial ordering party for a transcript delivered via electronic format shall be:
(a) For an Ordinary Transcript, $2.50 per page
(b) For an Expedited Transcript, $3.50 per page
(c) For a Daily Transcript, $4.50 per page
(d) For Same Day delivery, $6.50 per page
(e) For Rough Draft, $1.00 per page
(f) For complex litigation add $0.50 to the per page price for each class of transcript the Court will determine at the request of any party or Court Reporter, if the litigation shall be deemed ''complex.''
(2) Bound Paper Format.
(a) When a transcript is requested in bound paper form, the costs shall be in accordance with Section (C)(1) supra relating to electronic format plus a surcharge of $0.25 per page.
(b) When a transcript is requested to be delivered in electronic format, the Court Reporter shall prepare an additional transcript in bound paper format if one is needed to be filed of record at no additional cost.
(3) Economic Hardship.
(a) Transcript cost shall not be waived for daily, expedited or same day transcript.
(b) The transcript cost for necessary ordinary transcripts shall be waived as follows:
(i) If requester has been permitted to proceed in forma pauperis.
(ii) If requester has income less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services poverty guidelines for the current year.
(iii) If requester is represented by an attorney providing free legal service and the attorney files a praecipe which contains a certification by the attorney that the attorney is providing free legal service to the party and believes that the party is unable to pay the costs.
(c) The transcript cost for necessary ordinary transcripts shall be reduced by one half if requester has income less than 200 percent of the poverty line as defined by the U.S. Department of Health and Human Services poverty guidelines for the current year.
(d) Transcript costs for ordinary transcripts that are not subject to appeal, where the transcript is not necessary to advance the litigation, may be waived at the Court's discretion for parties who qualify for economic hardship under (B)(11) if the party demonstrates reasonable need.
(4) Assignment and Allocation of Transcript Costs.
(a) The requesting party or the party required by rule to file the transcript shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for any transcript ordered by the Court, unless requesting a copy as provided by Subparagraph (C)(5) of this rule.
(b) When more than one party requests a transcript, or more than one party is required by rule to file a transcript, the costs will be divided equally among the parties.
(5) Copies of a Transcript. A request for a copy of any transcript previously ordered, transcribed, and filed of record shall be provided according to the following schedule:
(a) $0.75 per page bound, paper format
(b) $0.50 per page for an electronic copy
Any request for a copy of a transcript shall be directed to the District Court Administrator. Filing offices must direct all requests for copies of any transcript to the District Court Administrator.
The District Court Administrator shall notify the responsible Court Reporter to prepare a copy of the ordered transcript. All payments shall be paid to The County of Clinton Transcript Deposit Fund and upon presentation of appropriate bill by the Court Reporter, the County shall pay said fee to the Court Reporter.
(6) Other Costs.
(a) Costs payable to a Court Reporter by the Commonwealth, any subdivision of the Commonwealth or indigent parties for preparation of an ordered transcript and/or other necessary document shall be paid by the County at the rate as follows:
(i) Ordinary transcripts and orders—$2.25 per page; and
(ii) All other requests as set forth in Subparagraph (C)(1) supra.
(b) Said payment by the County shall be made upon presentation of appropriate billing document from the Court Reporter.
LOCAL RULES OF CRIMINAL PROCEDURE Rule 101. Title, Citation, and Scope of Rules.
(C) These rules shall be known as the Clinton County Rules of Criminal Procedure and may be cited as ''Clinton R.Crim.P. No. ______ .''
(D) These rules shall govern all proceedings in the criminal division of the Court and shall be construed either consistent with or subordinate to all rules or decision of the Supreme Court of Pennsylvania, the rules of the Judicial Council of Pennsylvania, or any statutes still in effect governing practice and procedure.
Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth.
The District Attorney of Clinton County having filed a Certification pursuant to Pa.R.Crim.P. 202, no Search Warrant Application shall hereafter be accepted by a Magisterial District Judge unless the Search Warrant Application has the approval of an Attorney for the Commonwealth prior to filing.
Rule 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases before the Minor Judiciary.
Diversion in summary cases shall be in accordance with the local procedures adopted for Adjudication Alternative Programs (A.A.P.) as adopted by this Court on January 23, 2006, by Administrative Order 1-2006, which states:
(A) The following types of summary cases shall be eligible for A.A.P. to be supervised by the Magisterial District Judge, pursuant to 42 Pa.C.S.A. § 1520.
(1) Retail Theft. 18 Pa.C.S.A. § 3929(a),(b)(1)(i).
(b) Purchase, consumption, possession or transportation of intoxicating beverages by one less than twenty-one (21) years of age. 18 Pa.C.S.A. § 6308.
(c) Misrepresentation of age to secure liquor or malt or brewed beverages by one less than twenty-one (21) years of age. 18 Pa.C.S.A. § 6307.
(d) Carrying a false identification card. 18 Pa.C.S.A. § 6310.3.
(e) Use of tobacco in schools prohibited. 18 Pa.C.S.A. § 6306.1.
(f) Disorderly conduct if defendant is a juvenile. 18 Pa.C.S.A. § 5503.
(g) Harassment if defendant is a juvenile. 18 Pa.C.S.A. § 2709(a).
(h) Criminal mischief if defendant is a juvenile. 18 Pa.C.S.A. § 3304.
(B) Admission shall be requested within ten (10) days of receipt of the citations or summons. Extensions of the application period may be granted by the Magisterial District Judge for good cause. The Magisterial District Judge shall determine eligibility for summary A.A.P. within seventy-two (72) hours of the submission of the application.
(C)(a) No defendant who has previously been placed in an A.A.P. or A.R.D. Program in any Court shall be admitted to A.A.P. in a summary matter.
(b) A defendant who applies for A.A.P. in a summary matter shall execute the following:
AFFIDAVIT I have not previously been placed in an A.A.P. or A.R.D. Program in any court at either the Common Pleas Court or Magisterial District Court level. I make this statement subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
______ _________________
Date Namec. Prior to placing a defendant in A.A.P., the Magisterial District Judge shall determine that the defendant has not previously been placed in A.A.P. in a summary matter in this judicial district by contacting the other District Courts within the Judicial District.
4. Costs of supervision and restitution, if any, must be paid in full before admission to the A.A.P. Program. These costs include court costs incident to a non-traffic summary offense and any costs incident to the program to which the defendant is referred.
5. The defendant shall be notified in writing of acceptance or rejection from the A.A.P.
a. If accepted, defendant shall appear at a time designated by the Magisterial District Judge for completion of all documentation incident to admission to A.A.P.
b. If rejected, the Magisterial Judge shall notify defendant that he has ten (10) days to enter his plea and the case shall proceed in accord with Chapter 400 of the Pennsylvania Rules of Criminal Procedure.
6. The Magisterial District Judge shall schedule and notify the defendant at time of admission to A.A.P. of a hearing date to determine if all A.A.P. requirements have been met within the prescribed time frame of the specific programs entered into.
7. Requests for continuance of said hearing shall be denied, except in compelling circumstances. No continuance shall be for more than seven (7) days.
8. A defendant accepted into A.A.P. shall be referred to the following programs:
a. Retail theft
b. Alcohol
c. Tobacco in schools
d. Disorderly conduct
e. Criminal mischief
f. Harassment
9. Upon successful completion of all requirements, this defendant's case shall be dismissed and the defendant discharged.
10. If defendant declines A.A.P. or fails to successfully complete the program requirements, the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.
11. No summary case shall remain ''active'' for purposes for A.A.P. supervision in excess of one (1) year.
12. The following shall be displayed in each Magisterial District office:
NOTICE TO THOSE CHARGED
WITH CERTAIN SUMMARY OFFENSES—
Retail Theft,
Underage Alcohol Offenses,
Tobacco on School Property,
Harassment,
Disorderly Conduct,
and Criminal Mischief by a JuvenileYou may be eligible to participate in a program (A.A.P.) which will result in dismissal of the charge against you. The A.A.P. Program is available for defendants who have not previously been placed into an A.A.P. or A.R.D. Program. You must pay all costs and restitution before admission to the A.A.P. Program. You will be required to attend a counseling program. If you successfully complete the program, the charge against you will be dismissed. If you want to apply for the A.A.P. Program, notify the Magisterial District Judge immediately.
Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas.
Because the District Attorney has not filed a Certification to proceed by local option under Rule 300, no local rule exists.
Rule 506.1. Private Criminal Complaint for Violation of Order or Agreement Entered Pursuant to the Protection From Abuse Act (23 Pa.C.S.A. § 6101, et seq.) or the Protection of Victims of Sexual Violence or Intimidation Act (42 Pa.C.S.A. § 62A01, et seq.)
(A) In lieu of filing a complaint with the police, a plaintiff may file a private criminal complaint against a defendant alleging indirect criminal contempt for a noneconomic violation of any provision of an order or court-approved consent agreement issued under the Protection From Abuse Act, 23 Pa.C.S. § 6101 et seq., or Probation of Victims of Sexual Violence or Intimidation Act, 42 Pa.C.S. § 62A01 et seq., with the Office of District Attorney, the Court or the Magisterial District Judge in the district where the violation occurred in accordance with the following procedure:
(1) With the Office of District Attorney—The Plaintiff may file with the Office of District Attorney a private criminal complaint on a form approved by the Court. The District Attorney's Office shall review the complaint and approve or disapprove it without unreasonable delay. If the District Attorney approves the complaint, the attorney shall indicate this decision on the complaint form and shall docket the complaint with the Clerk of Courts. The Clerk of Courts shall forward it to the Judge who handled the original order or consent agreement. The Judge shall review the allegations and if the Judge finds that probable cause exists, the Judge shall issue a warrant. The court shall forward the warrant to the Sheriff of Clinton County.
(2) The Sheriff shall serve the warrant upon the defendant and take the Defendant before the Court without unnecessary delay. If the Court is not in session the Defendant shall be taken to the appropriate Magisterial District Judge. The defendant shall be afforded a preliminary arraignment pursuant to 23 Pa.C.S. § 6113(d) or 42 Pa.C.S.A. § 62A12(c) and bail shall be set (and the Court shall be notified if arraignment occurs in front of a Magisterial District Judge). The court shall schedule a hearing within ten (10) days of the filing of the private criminal complaint. If the Judge finds that sufficient grounds are not alleged in the complaint, the Judge may summarily dismiss the complaint without a hearing.
(3) If the District Attorney disapproves the complaint, the attorney shall state the reasons on the complaint form and return it to the affiant. Thereafter, the affiant may petition the court of common pleas and proceed pro se in accordance with subsection (2).
(4) With the Court or the Magisterial District Judge in the district where the violation occurred—The Plaintiff may file with the Court or the Magisterial District Judge in the district where the violation occurred a private criminal complaint on a form approved by the court. After the complaint is filed, it shall be immediately forwarded to the Office of the District Attorney (unless the District Attorney has already disapproved the complaint, in which case the affiant shall proceed pro se in the Court of Common Pleas), who shall review it and follow the procedure outlined in subsection (a)(1) of this Rule.
Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.
The District Attorney of Clinton County, having filed a Certification pursuant to Pa.R.Crim.P. 507, Criminal Complaints and Arrest Warrant Affidavits by Police Officers, as defined in the Rules of Criminal Procedure, charging Criminal Homicide in violation of 18 Pa.C.S.A. § 2501; Murder in any degree in violation of 18 Pa.C.S.A. § 2502; Voluntary Manslaughter in violation of 18 Pa.C.S.A. § 2503; Involuntary Manslaughter in violation of 18 Pa.C.S.A. § 2504; Rape in violation of 18 Pa.C.S.A. § 3121; Statutory Sexual Assault in violation of 18 Pa.C.S.A. § 3122.1; Involuntary Deviate Sexual Assault in violation of 18 Pa.C.S.A. § 3123; Sexual Assault in violation of 18 Pa.C.S.A. § 3124.1; Aggravated Indecent Assault in violation of 18 Pa.C.S.A. § 3125; Indecent Assault in violation of 18 Pa.C.S.A. § 3126; Sexual Abuse of Children in violation of 18 Pa.C.S.A. § 6312; Homicide by Vehicle in violation of 75 Pa.C.S.A. § 3732; and Homicide by Vehicle While Driving under the Influence in violation of 75 Pa.C.S.A. § 3735 shall not be accepted by any judicial officer unless the Complaint and/or Affidavit has the approval of an attorney for the Commonwealth prior to filing.
LOCAL MISCELLANEOUS RULES OF PROCEDURE Rule 101. Title and Citation of Rules.
These rules shall be known as the Clinton County Rules of Miscellaneous Procedure and may be cited as ''Clinton R.M.P. No. ______ .''
Rule 102. Scope of Rules.
These rules shall govern all proceedings in the Court of Common Pleas of Clinton County, Pennsylvania, and shall be construed either consistent with or subordinate to all rules or decisions of the Supreme Court of Pennsylvania, rules of the Judicial Council of Pennsylvania, any statutes still in effect governing practice and procedure, the Clinton County Rules of Criminal Procedure, the Clinton County Rules of Civil Procedure, and the Clinton County Orphans' Court Rules.
Rule 201. Court in Continuous Session. Court Calendar.
(A) Court shall be in continuous session throughout the year.
(B) Prior to December of each year, the Court by order will fix the Court calendar for the upcoming year. A copy of this order shall be posted in the Prothonotary's office and mailed to all attorneys regularly practicing before the Court.
Rule 701. Bill of Costs.
(A) Every bill of costs shall set forth the names and addresses of the witnesses, the dates of their attendance, the number of miles actually traveled by each, and the places from which mileage is claimed. To the bill of costs shall be attached any subpoena, endorsed with a return of service on oath or affirmation of the person who served it, setting forth the place where service on each witness was made, the date of service, and the number of miles actually traveled in making service.
(B) Every bill of costs shall be verified on oath or affirmation of the party filing it or their agent or attorney that the witnesses named were actually present in Court on the dates stated and that they were material witnesses.
(C) All bills of costs shall be filed, a copy thereof served on the adverse party, and proof of service filed within ten (10) days after the trial or continuance.
(D) Any party upon whom a bill of costs has been served may, within five (5) days after such service, file exceptions and request a hearing. Failure to file timely exceptions shall be deemed a waiver of all objections to the bill as filed. The collection of costs will be stayed until the trial judge has decided the matter.
LOCAL RULES OF CIVIL PROCEDURE Rule 51. Title, Citation and Scope of Rules.
(A) These rules shall be known as the Clinton County Rules of Civil Procedure and may be cited as ''Clinton R.C.P. No. ______ .''
(B) These rules shall govern all proceedings in the civil division of the Court and shall be construed either consistent with or subordinate to all rules or decision of the Supreme Court of Pennsylvania, the rules of the Judicial Council of Pennsylvania, or any statutes still in effect governing practice and procedure.
Rule 205.2(b). Motion Cover Sheet.
The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, preliminary objection, exception, or stipulation, that the filing party desires to bring before the court, except a motion for a continuance.
(A) A cover sheet substantially in the form set forth in subsection (G) of this section shall be attached to the front of every request for a court order to which this rule applies. Any request for relief on the front of which an applicable Pennsylvania Rule of Civil Procedure requires a specific order or notice to be attached shall include that order or notice directly following the cover sheet.
(B) The cover sheet shall consist of only one page. Captions may be abbreviated. If additional space is necessary to list counsel and unrepresented parties, a separate sheet may be attached. The filing party or counsel shall be responsible for identifying all parties and others to be given notice or their counsel on the cover sheet. If a party was not served with a copy of the executed cover sheet as a result of an omission of the filing party, the argument or hearing may be rescheduled or, in the discretion of the court, the request for relief may be denied.
(C) If a cover sheet is not attached as required by this rule, the court may choose not to act upon the request for relief until an appropriate cover sheet is filed. If the filing party does not attach a cover sheet as required by this rule, a cover sheet, along with a copy of the original motion may be filed by any party, or the court.
(D) If expedited consideration by the court is requested or required by statute or rule of procedure, the reason for such consideration shall be set forth on the cover sheet. Such consideration must be requested if the date of the pretrial conference has been set or if the case has already been pretried.
(E) A proposed order granting the relief requested shall be attached to the cover sheet.
(F) The court shall schedule argument, hearing or briefing as the court may require, note the scheduling information on the cover sheet, and issue the scheduling order appearing on the cover sheet. The Prothonotary shall docket and promptly forward the completed cover sheet to all parties identified on the cover sheet.
(G) The form of the cover sheet shall be substantially as follows:
COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA
MOTION COVER SHEET
CAPTION (may be abbreviated) DOCKET NO. ______ Case Assigned to Judge ______ vs. ____ NONE 1. NAME OF FILING PARTY:
2. FILING PARTY'S ATTORNEY:
3. TYPE OF FILING:
4. THE FOLLOWING IS/ARE REQUESTED:
[ ] Argument
[ ] Evidentiary Hearing
[ ] Court Conference
[ ] Rule to Show Cause
[ ] Issue an Appropriate Order
[ ] Entry of Uncontested Order
(attach supporting documentation)
[ ] Expedited Consideration.
State the Basis:
_________________
_________________
_________________
[ ] Telephone Conferencing Requested. (Telephone number shall be provided to court administrator prior to hearing.)
[ ] Video Conferencing Requested.
[ ] Attach this Cover Sheet to the Original Motion
Previously
Filed on: ______5. Agreement of Opposing Party Sought?
Yes/No
If yes, was it granted or denied? ______
6. TIME REQUIRED:
_________________
7. NAMES AND ADDRESSES OF ALL COUNSEL OF RECORD AND UNREPRESENTED PARTIES:
[ ] Continued on Separate Sheet.
ORDER 1. __ An __ Argument __ Factual Hearing __ Court Conference is scheduled for _________________ at _____ __.M. in Courtroom No. ____ , Clinton County Courthouse, Lock Haven, PA.
2. __ Briefs are to be filed by the following dates:
Filing Party ______
Responding Party/Parties ______
3. __ A Rule is issued upon Respondent to show cause why the Petitioner is not entitled to the relief requested.
4. __ A Response to the Motion/Petition shall be filed as follows: _________________ .
5. __ See Order Attached. ____ See Separate Order Issued This Date.
6. __ Other: ___________________________ .
DATE: ______ ___________________________
JUDGEcc: ALL PARTIES OR OTHERS TO BE SERVED WITH NOTICE MUST BE DESIGNATED IN ''6'' ABOVE.
Rule 206.4(c). Petition Procedure. Rule to Show Cause.
(A) The procedure specified in Pennsylvania Rule of Civil Procedure 206.5 is adopted to govern petition practice in Clinton County. The issuance of a Rule to Show cause shall be discretionary with the Court in accordance with that Rule.
(B) The provisions of this rule shall not be applicable to Preliminary Objections.
(C) After a petition has been time-stamped in the Prothonotary's Office, such petition may be presented to the Court as follows:
(1) Any petition may be presented to an available Judge at 8:30 A.M. on any business day or in open court immediately preceding or following any court proceeding.
(2) Any petition may be delivered to the Court Administrator who shall refer the petition to the appropriate judge.
(D) All petitions shall contain a certification by counsel that concurrence in the petition has been sought and that such concurrence has been given or denied. Counsel shall take reasonable steps to secure such concurrence or non-concurrence. Concurrence need not be sought of pro se parties. Certification shall be on a separate piece of paper, attached to the petition at the end thereof. If concurrence or non-concurrence cannot be secured after reasonable efforts, the petition may be filed without said certification, but the petitioner shall thereafter have a continuing duty to file such a certification within a reasonable time.
(E) The Petitioner shall attach to the Petition a proposed order substantially in the form set forth in Pa.R.C.P. No. 206.5(d).
(F) At the time the petition is time-stamped, a copy of the petition, together with a copy of the proposed order, shall be served in accordance with Pa.R.C.P. No. 440. It shall be presumed that members of the Clinton County Bar agree that their mailbox in the Prothonotary's Office is designated as an appropriate place for service unless they note otherwise on the first page of their pleading.
(G) Any Petition which is insufficient on its face will be returned unsigned to the Prothonotary without further notice to counsel.
Rule 208.2(d). Certification of Uncontested Motions.
All Motions, except for motions pertaining to discovery, shall contain a certification by counsel that concurrence in the motion has been sought and that such concurrence has been given or denied. Counsel shall take reasonable steps to secure such concurrence or non-concurrence. Concurrence need not be sought of pro se parties. Certification shall be on a separate piece of paper, attached to the motion at the end thereof. If concurrence or non-concurrence cannot be secured after reasonable efforts, the motion may be filed without said certification, but the moving party shall thereafter have a continuing duty to file such a certification within a reasonable time.
Rule 208.2(e). Certification of Discovery Motions.
Any Motions pertaining to discovery shall contain a certification by counsel that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. Certification shall be on a separate piece of paper, attached to the motion at the end thereof. If a resolution cannot be secured without court action after reasonable efforts, the motion may be filed without said certification, but the moving party shall thereafter have a continuing duty to file such a certification within a reasonable time.
Rule 208.3(a). Motion Practice.
(A) After a motion has been time-stamped in the Prothonotary's Office, such motion may be presented to the Court as follows:
(1) Any motion may be presented to an available judge at 8:30 A.M. on any business day or in open court immediately preceding or following any court proceeding.
(2) Any motion may be delivered to the Court Administrator who shall refer the motion to the appropriate Judge.
(B) Counsel shall prepare and submit a proposed order with any motion.
(C) At the time the motion is time-stamped, a copy of the motion, together with a copy of the proposed order shall be served in accordance with Pa.R.C.P. No. 440.
(D) Any motion which is insufficient on its face will be returned unsigned to the Prothonotary without further notice to counsel.
Rule 212.3.1. Counsel's Pre-Trial Conference (Civil Jury and Non-Jury Trial).
(A) As directed by the Court, plaintiff's counsel shall arrange for a pre-trial conference between counsel which shall be held not later than forty-five (45) days prior to the pre-trial conference. Counsel's conference shall be conducted at the Clinton County Courthouse unless all counsel agree to another location. Arrangements for the availability of a room at the Courthouse shall be made through the Court Administrator. The failure of plaintiff's counsel to comply with the schedule provided herein shall upon motion be grounds for a non pros.
(B) At counsel's conference the following matters shall be accomplished:
(1) Counsel shall exchange lists of potential witnesses, their addresses, and a general statement of the proposed testimony of each witness. The lists shall indicate which witnesses will be called and which may be called. Only witnesses so listed will be permitted to testify at trial.
(2) Counsel shall examine, number, and list all exhibits which they intend to introduce and use at trial, whether during the case in chief or in rebuttal. Exhibits shall be marked by using the labels then in use by the Court. Any party may use at trial any exhibit listed by any other party. Only exhibits so listed and numbered will be admitted into evidence at trial. Counsel shall make a good faith attempt to agree as to the authenticity and admissibility of exhibits which have been listed and marked. If such an agreement cannot be reached, the objecting party shall state in detail the reasons for an objection together with any authorities in support of that position.
(3) Counsel shall agree upon a brief factual statement of the case to be read to the jury as a part of voir dire and submit proposed questions to be used by the Court or counsel in conducting voir dire.
(4) Each party shall submit to the other parties, in writing, the principles upon which they intend to rely at trial. If the parties disagree as to the applicability of a particular legal principle, a statement shall be prepared indicating the nature of said disagreement and each party's respective position.
(5) Each party claiming damages shall submit to the party against whom the claim is asserted, an itemized list of special damages being sought and the estimated value of said general damages.
(6) Counsel shall explore in depth the prospects for settlement and if a settlement cannot be achieved be prepared to explain to the Court the areas of difference in arriving at a settlement.
(C) The Court may, in its discretion, sua sponte dispense with the requirement of Counsel's Pre-Trial Conference and request that the Court Administrator schedule a Pre-Trial Conference between the assigned Judge and Counsel.
Rule 212.3.2. Report of Counsel's Pre-Trial Conference.
(A) Within ten (10) days of the completion of counsel's conference, plaintiff's counsel shall prepare a report thereof and submit the same to the assigned Judge and counsel. To the extent the report requires information and rules of law pertaining to defendant's case, it shall be the responsibility of defendant's counsel to provide plaintiff's counsel with such data. The report shall contain the following as applicable:
(1) A statement of the date and place where counsel's conference was held.
(2) A list of all prospective witnesses and accompanying data as required by Clinton R.C.P. No. 212.3.1(B)(1).
(3) A list of all exhibits which have been examined, numbered and listed in accordance with Clinton R.C.P. No. 212.3.1(B)(2). Each numbered exhibit shall be briefly but adequately identified on this list together with an indication is in dispute the objecting party's statement of reasons for the objection shall be included.
(4) The agreed upon brief statement of facts to be read to the jury for voir dire purposes together with each party's proposed questions for voir dire.
(5) Plaintiff's statement of the legal principles being relief upon to support the case together with an indication as to whether those principles are in dispute as well as a statement of the legal principles being relief upon by all other parties.
(6) A statement of damages as required by Clinton R.C.P. No. 212.3.1(B)(5).
(7) Any stipulation of fact which the parties have agreed upon for use at trial including any waivers of specific claims or defenses.
(8) Concise trial briefs regarding the anticipated legal issues to be presented at trial. When any portion of a trial brief relies upon an unreported opinion, photocopies of that opinion shall be attached to the briefs.
(9) A concise statement, in narrative form, from each party as to the basic facts intended to be proven at trial.
(10) Proposed special verdict questions which any party anticipates submitting at the time of trial.
(B) If any party disagrees with any representation made in plaintiff's report of counsel's conference, a written objection to said report shall be submitted to the assigned Judge within ten (10) days of the filing of plaintiff's report.
Rule 212.3.3. Pre-Trial Conference.
(A) If no objection are filed to the Report of Counsel's Pre-Trial Conference within the time limits prescribed by Clinton R.C.P. No. 212.3.2(B), the Court Administrator shall forthwith schedule the matter for a pre-trial conference between the assigned Judge and counsel. This conference shall be attended by counsel who are expected to try the case and who shall either be authorized to enter into a settlement agreement or who shall have in attendance, in person or readily available by telephone, such persons who are empowered to enter into a settlement agreement. The Judge and counsel shall discuss the report of counsel's conference, any possible simplification of the issues, the possible bifurcation of the trial, limitations on the number of expert witnesses, the prospects of settlement, and such other matters as may aid in the trial or disposition of the action.
(B) If a party fails to cooperate in the conduct of the pre-trial proceedings mandated by Clinton R.C.P. Nos. 212.3.1, 212.3.2, and 212.3.3, including but not limited to, failure to attend any scheduled conference and/or the inadequate preparation of required documents, such failure shall be deemed to be grounds for the entry of a judgment of non pros or other appropriate default relief.
Rule 430. Service by Publication.
Service by publication authorized by Pa.R.C.P. No. 430(a) shall be made by publishing a notice of the action (1) time in one (1) newspaper of general circulation within Clinton County; proof of publication shall be filed with the Prothonotary.
Rule 1018.1. Notice to Defendant. Form.
The designated officer to be named in the Notice to Defend from whom legal help can be obtained as required by Pa.R.C.P. No. 1018.1 shall be:
Court Administrator
Court of Common Pleas of Clinton County
230 East Water Street
Lock Haven, PA 17745
(570) 893-4016Rule 1028(c). Procedures Concerning Disposition of Preliminary Objections.
(A) Procedure Defined.
(1) Preliminary Objections shall be accompanied by a memorandum of law which shall be designated for immediate distribution to the Court and not filed of record.
(2) Service shall be made in conformity with Pa.R.C.P. No. 440.
(3) All Preliminary Objections shall be accompanied by a notice plainly appearing on the face thereof of the date the motion was filed with the Prothonotary and advising that a reply memorandum of law must be submitted within thirty (30) days from that date. The reply memorandum shall not be filed of record. The moving party shall also file an affidavit of service which shall state that the notice required by this rule has been given.
(4) The Prothonotary shall immediately send the Preliminary Objections and the accompanying memorandum to the Court Administrator who shall refer the matter to the appropriate Judge. All requests for an extension of the thirty (30) day period to answer Preliminary Objections must be approved by the Court by a motion addressed to the Court Administrator; no agreement entered into solely by the parties will be honored by the Court.
(5) Any Preliminary Objections filed without the accompanying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice required by subsection (3) of this rule, the Court may dispose of the matter without such memorandum.
(6) If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.
(7) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional memoranda, call for oral argument, advance the time for submitting memoranda, or enter an Order prior to the expiration of the thirty (30) day reply period.
(B) Matters Requiring Factual Supplement to the Record.
(1) In the case of Preliminary Objections challenging jurisdiction or service, a memorandum of law and notice to opposing parties to file a reply memorandum of law within thirty (30) days need not be filed contemporaneously with the Preliminary Objections. Instead, the party filing the Preliminary Objections shall indicate that additional testimony is required.
(2) In all such cases, the party filing the Preliminary Objections shall undertake to supplement the record with the necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the Preliminary Objections.
(3) If the Court requires, the party filing the Preliminary Objections shall file a memorandum of law within two (2) weeks from the completion of the supplementation of the record. This memorandum shall be processed as stated above.
Rule 1034(a). Procedures Concerning Disposition of Motions for Judgment on the Pleadings.
(A) Procedure Defined.
(1) Motions for Judgment on the Pleadings shall be accompanied by a memorandum of law which shall be designated for immediate distribution to the Court and not filed of record.
(2) Service shall be made in conformity with Pa.R.C.P. No. 440.
(3) All Motions for Judgment on the Pleadings shall be accompanied by a notice plainly appearing on the face thereof of the date the motion was filed with the Prothonotary and advising that a reply memorandum of law must be submitted within thirty (30) days from that date. The reply memorandum shall not be filed of record. The moving party shall also file with the motion an affidavit of service which shall state that the notice required by this rule has been given.
(4) The Prothonotary shall immediately send the motion to the Court Administrator who shall refer the matter the appropriate Judge. All requests for an extension of the thirty (30) day period to answer such motions must be approved by the Court by a motion addressed to the Court Administrator; no agreement entered into solely By the parties will be honored by the Court.
(5) Any motion subject to this rule which is filed without an accompanying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice required by subsection (3) of this rule, the Court may dispose of the matter without such memorandum.
(6) If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.
(7) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional memoranda, call for oral argument, advance the time for filing, or enter an order prior to the expiration of the thirty (30) day reply period.
(B) Matters Requiring Factual Supplement to the Record.
(1) In the case of motions based on facts not presently a part of the record, a memorandum of law and notice to opposing parties to file a reply memorandum of law within thirty (30) days need not be filed contemporaneously with the motion. Instead, the moving party shall indicate that additional testimony is required.
(2) In all such cases, the moving party shall undertake to supplement the record with the necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the motion.
(3) If the Court requires, the moving party shall file a memorandum of law within two (2) weeks from the completion of the supplementation of the record. This memorandum shall be processed as stated above.
Rule 1035.2(a). Procedures Concerning Disposition of Motions for Summary Judgment.
(A) Procedure Defined.
(1) Motions for Summary Judgment shall be accompanied by a memorandum of law which shall be designated for immediate distribution to the Court and not filed of record.
(2) Service shall be made in conformity with Pa.R.C.P. No. 440.
(3) All motions shall be accompanied by a notice plainly appearing on the fact thereof of the date the motion was filed with the Prothonotary and advising that a reply memorandum of law must be submitted within thirty (30) days from that date. The reply memorandum shall not be filed of record. The moving party shall also file with the motion an affidavit of service which shall state that the notice required by this rule has been given.
(4) The Prothonotary shall immediately send the Motion for Summary Judgment to the Court Administrator who shall refer the matter to the appropriate Judge. All requests for an extension of the thirty (30) day period to answer such motions must be approved by the Court by a motion addressed to the Court Administrator; no agreement entered into solely by the parties will be honored by the Court.
(5) Any motion subject to this rule which is filed without an accompanying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice required by subsection (3) of this rule, the court may dispose of the matter without such memorandum.
(6) If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.
(7) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional memoranda, call for oral argument, advance the time for filing, or enter an order prior to the expiration of the thirty (30) day reply period.
(B) Matters Requiring Factual Supplement to the Record.
(1) In the case of motions based on facts not presently a part of the record, a memorandum of law and notice to opposing parties to file a reply memorandum of law within thirty (30) days need not be filed contemporaneously with the motion. Instead, the moving party shall indicate that additional testimony is required.
(2) In all such cases, the moving party shall undertake to supplement the record with the necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the motion.
(3) If the Court requires, the moving party shall file a memorandum of law within two (2) weeks form the completion of the supplementation of the record. This memorandum shall be processed as stated above.
Rule 1301.1. Compulsory Submission.
All cases which are at issue where the amount in controversy is Fifty Thousand and 00/100 ($50,000.00) Dollars or less, except those involving title to real estate, shall first be submitted to and heard by a Board of three (3) members of the Bar of this Court, as provided by 42 Pa.C.S.A. 7361. Unless a party has demanded a jury trial, the President Judge may dispense with compulsory arbitration and order the matter tried as a non-jury trial. At such non-jury trial, the parties may proceed pursuant to Pa.R.C.P. 1305 with respect to evidentiary matters.
Rule 1301.2. Arbitrators.
(A) All members of the Clinton County Bar shall constitute the Board of Arbitrators and all members shall act as arbitrators. No two (2) members from the same firm or office, or related by blood or marriage, shall serve on the same board, unless this requirement is waived in writing by all parties in interest or their counsel.
(B) The Prothonotary shall maintain, in alphabetical order, a list of all members of the Bar. Upon the filing of a praecipe for arbitration, the Prothonotary shall submit a list of five names to the plaintiff or the attorney for the plaintiff. In the event there are additional parties to the proceeding, the Prothonotary shall add an additional name for each additional party. This list shall be in the order in which the names appear on the Prothonotary's list, passing those who are disqualified to the next qualified. The plaintiff may strike one member form the list and forward the list to the defendant who may likewise strike one member. In the event of an additional party or parties, the defendant shall forward the list to that party who may likewise strike one member. When all parties have exercised the right to strike, the list shall be returned to the Prothonotary.
(C) In the event a party or parties do not exercise the right to strike, the first three (3) remaining members shall constitute the Board and the first shall be the chairperson. Any stricken member, as well as any disqualified member, shall, in alphabetical order, be at the head of the list for the next and/or subsequent cases.
Rule 1301.3. Consolidation of Arbitration Actions.
When the same transaction or occurrence, or series of transactions or occurrences, gives rise to more than one cause of action and separate actions have been commenced, all such action shall be consolidated for arbitration, referred to the same board of arbitration, and heard together, unless the total amount in controversy exceeds Fifty Thousand and 00/100 ($50,000.00) Dollars, in which case none of them shall be submitted to arbitration. It shall be the duty of every board of arbitrators, before proceeding with the hearing, to ascertain whether or not any such separate action has been commenced.
Rule 1301.4. Place of Arbitration Hearing.
All hearings shall be held in the Clinton County Courthouse.
Rule 1301.5. Fees of Arbitrators.
The fee of the chairperson shall be three hundred and 00/100 ($300.00) dollars for a half-day hearing and six hundred and 00/100 ($600.00) dollars for a full-day hearing. The fee of each other arbitrator shall be two hundred and seventy-five ($275.00) dollars for a half-day hearing and five hundred and fifty ($550.00) dollars for a full-day hearing. These fees shall be applicable in all cases, including those which have been consolidated as provided under Clinton R.C.P. No. 1301.3. In cases requiring lengthy hearings or involving unusual questions of law or fact, the Court may, on petition of the arbitrators, increase the fees to an amount which will reasonably compensate them for the services performed.
Rule 1534. Accounting by Fiduciaries.
(A) A fiduciary filing an account pursuant to Pa.R.C.P. No. 1534 shall give written notice to all parties or their counsel of record that such account will be presented for confirmation on a date not less than thirty (30) days after such notice. Said notice shall include any proposed schedule of distribution and a statement that the account may be confirmed and distribution ordered unless exceptions are filed with the Prothonotary before that date.
(B) Service of the aforesaid documents on a party shall be by personal service or upon counsel.
Rule 1920.31. Filing a Claim for Alimony Pendente Lite.
(A) Upon request the Court of Common Pleas shall schedule a hearing to determine whether Alimony Pendente Lite shall be awarded. The Scheduling Order shall direct that the matter be referred to the Domestic Relations Office to determine the parties' incomes prior to the hearing before the Court. The Court in its discretion may decide the amount of Alimony Pendente Lite, or may refer the matter to the Domestic Relations Section to calculate the award.
(B) This Rule shall not apply to orders for spousal support which automatically convert to Alimony Pendente Lite upon the entry of a divorce decree where economic claims remain pending. See Pa.R.C.P. No. 1920.31(d) of record pursuant to Pa.R.C.P. No. 440.
Rule 2039. Compromise. Settlement. Discontinuance and Distribution.
(A) A petition for compromise, settlement, or discontinuance of an action to which a minor is a party of record shall recite the factual nature of the minor's action, the prognosis for the minor's injuries, the reasons for any proposed compromise, settlement, or discontinuance, and a request for a proposed distribution of the fund. A hearing will be scheduled at which the minor shall appear and evidence shall be presented as to the extent of the minor's injuries and such other matters as the Court deems necessary. If the petition is accompanied by (1) a written report of a physician based upon an examination of the minor within thirty (30) days preceding the filing of the petition, (2) an affidavit of each counsel of record giving an opinion as to the probabilities of proof of defendant's negligence, and of the minor's negligence, if any, and (3) in the event that the minor is sixteen (16) years of age or over, his or her written approval of the proposed settlement and distribution, the Court may approve the proposed compromise, settlement or discontinuance, and distribution without the requirement of a hearing, if satisfied of the accuracy of the information presented and that, based upon such information, the proposed disposition of the action and distribution of the proceeds adequately compensates the minor for the injuries sustained and expenses incurred.
(B) The petition shall include a detailed statement outlining attorney fees, if any, the nature of the legal services rendered, and correspondence from any insurance carrier detailing the nature of the negotiations.
Rule 2952. Judgment on Warrant More than Twenty Years Old or on Missing or Unsigned Warrant.
An application for leave of Court to enter judgment under the circumstances set forth in Pa.R.C.P. No. 2952(a)(9) shall be by petition and rule to show cause, returnable twenty (20) days after service. The petition shall set forth that the instrument containing the warrant was duly executed, that the obligation is unpaid, and that the obligor is alive.
The rule shall be served personally if the obligor can be found within the Commonwealth; if the obligor cannot be found within the Commonwealth, he or she shall be served by registered mail. If the address of the obligor is unknown, notice of the rule shall be published by the Sheriff once each week for three (3) successive weeks in one newspaper of general circulation within the county. If no answer is filed within twenty (20) days after service or within five (5) days after the last publication of the notice, the rule may, on motion, forthwith be made absolute and leave granted to enter judgment in accordance with the warrant.
Rule 3252. Writ of Execution. Money Judgments. Notice.
The designated officer to be named in the Notice to find out where legal help can be obtained as required by Pa.R.C.P. No. 3252(a) shall be:
Court Administrator
Court of Common Pleas of Clinton County
230 East Water Street
Lock Haven, PA 17745
(570) 893-4016Rule 4005. Interrogatories.
Neither written Interrogatories to a party nor the Answers thereto shall be filed with the Prothonotary without leave of Court unless to supplement a Motion.
Rule 4009.1. Production of Documents.
Neither Requests for Production of Documents nor the responses thereto shall be filed with the Prothonotary without leave of Court unless to supplement a Motion.
Rule 4009.21. Notice of Intent to Serve Subpoena.
Notice to a person, not a party, of intent to serve a subpoena shall not be filed with the Prothonotary unless to supplement a Motion.
LOCAL RULES OF ORPHANS' COURT Rule 1.1. Title, Citation, and Scope of Rules.
(A) These rules shall be known as the Clinton County Rules of Orphans' Court and may be cited as ''Clinton R.O.C. No. ______ .''
(B) These rules shall govern all proceedings in the Orphans' Court division of the Court and shall be construed either consistent with or subordinate to all rules or decision of the Supreme Court of Pennsylvania, the rules of the Judicial Council of Pennsylvania, or any statutes still in effect governing practice and procedure.
Rule 1.8(c). Orphans' Court Cover Sheet.
The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, preliminary objection, exception, or stipulation, that the filing party desires to bring before the court, except a motion for a continuance.
(A) A cover sheet substantially in the form set forth in subsection 7 of this section shall be attached to the front of every request for a court order to which this rule applies. Any request for relief on the front of which an applicable Pennsylvania Rule of Civil Procedure requires a specific order or notice to be attached shall include that order or notice directly following the cover sheet.
(B) The cover sheet shall consist of only one page. Captions may be abbreviated. If additional space is necessary to list counsel and unrepresented parties, a separate sheet may be attached. The filing party or counsel shall be responsible for identifying all parties and others to be given notice or their counsel on the cover sheet. If a party was not served with a copy of the executed cover sheet as a result of an omission of the filing party, the argument or hearing may be rescheduled or, in the discretion of the court, the request for relief may be denied.
(C) If a cover sheet is not attached as required by this rule, the court may choose not to act upon the request for relief until an appropriate cover sheet is filed. If the filing party does not attach a cover sheet as required by this rule, a cover sheet, along with a copy of the original motion may be filed by any party, or the court.
(D) If expedited consideration by the court is requested or required by statute or rule of procedure, the reason for such consideration shall be set forth on the cover sheet. Such consideration must be requested if the date of the pretrial conference has been set or if the case has already been pretried.
(E) A proposed order granting the relief requested shall be attached to the cover sheet.
(F) The court shall schedule argument, hearing or briefing as the court may require, note the scheduling information on the cover sheet, and issue the scheduling order appearing on the cover sheet. The Office of the Clerk of the Orphans' Court shall docket and promptly forward the completed cover sheet to all parties identified on the cover sheet.
(G) The form of the cover sheet shall be substantially as follows:
COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION—COVER SHEET
(For a Petition; for an Objection to an Account; or for an Objection to an Inventory)
CAPTION DOCKET NO. ______ vs. Case Assigned to Judge ______ ____ NONE 1. NAME OF FILING PARTY:
2. FILING PARTY'S ATTORNEY:
3. TYPE OF FILING:
Basis of Orphans' Court Jurisdiction (Check One)
[ ] Decedent's Estate [ ] Trust [ ] TPR or Adoption [ ] Incapacitated Person
[ ] Minor [ ] Power of Attorney [ ] Non-Profit Corporation
[ ] Other (specify) ___________________________
Filing Party's Relationship to Entity or Person checked above:
[ ] Personal Representative [ ] Parent or Guardian [ ] Trustee [ ] Heir [ ] Adopting Parent
[ ] Trust Beneficiary [ ] Creditor [ ] Corporate Officer [ ] Agent (POA)
[ ] Other (specify) ___________________________
4. THE FOLLOWING IS/ARE REQUESTED:
[ ] Argument
[ ] Evidentiary Hearing
[ ] Court Conference
[ ] Rule to Show Cause
[ ] Issue an Appropriate Order (attach supporting documentation)
[ ] Expedited Consideration
State the Basis:
_________________
_________________
_________________
[ ] Telephone Conferencing Requested
[ ] Attach this Cover Sheet to the Original Motion Previously Filed on: ______
[ ] Other: _________________5. Agreement of Opposing Party Sought?
Yes/No—If yes, was it granted or denied?
___________
6. TIME REQUIRED: ______
7. NAMES AND ADDRESSES OF ALL COUNSEL OF RECORD AND UNREPRESENTED PARTIES:
(All parties or others to be served with notice must be designated in this section)
[ ] Continued on Separate Sheet
ORDER 1. __ An __ Argument __ Factual Hearing __ Court Conference is scheduled for ______ at____ am/pm, in Courtroom No. ____ , Clinton County Courthouse, Lock Haven, Pennsylvania.
2. __ Briefs are to be filed by the following dates:
Filing Party: ______ Responding Party/Parties: ______
3. __ A Rule is issued upon Respondent to show cause why the Petitioner is not entitled to the relief requested.
4. __ A Response to the Motion/Petition shall be filed as follows: _________________.
5. __ See Order Attached. _____ See Separate Order Issued This Date.
6. __ Other:
_______________________________________________ .
DATE: ______ ___________________________
JUDGEcc: ALL PARTIES OR OTHERS TO BE SERVED WITH NOTICE MUST BE DESIGNATED IN ''7'' ABOVE.
[Pa.B. Doc. No. 18-1584. Filed for public inspection October 12, 2018, 9:00 a.m.]
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