THE COURTS
Title 252—ALLEGHENY
COUNTY RULES
ALLEGHENY COUNTY
Civil Division Local Rules of the Court of Common Pleas; No. AD-2023-251-PJ Rules Docket
[53 Pa.B. 6427]
[Saturday, October 14, 2023]
Order of Court And Now, this 15th day of September 2023, it is hereby Ordered that the following local rules of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, adopted by the Board of Judges, shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
KIM BERKELEY CLARK,
President JudgeLocal Rule 205.2(a). Requirements Governing the Physical Characteristics of Pleadings, Petitions, Motions, and Other Legal Papers. Cover Sheets.
(1) Basic Requirements.
(a) Footnotes shall be single-spaced.
Note: See Pa.R.Civ.P. 204.1 for other requirements.
(b) All attachments, supporting documents, and exhibits shall be on eight and one-half inches by eleven inches paper at the time of filing with the Department of Court Records.
(i) A smaller document shall be reproduced, if possible, on eight and one-half inches by eleven inches paper.
(ii) A larger document shall be reduced and reproduced to eight and one-half inches by eleven inches size, provided it will still be legible.
(iii) If it is not possible to obtain a legible photocopy of the document or exhibit because of unique characteristics or inherent limitations, e.g., maps, surveys, computer printouts, data processing cards, drafter's plans, tracing paper, red pencil marks, colored paper, tape recordings, cassettes, movies, etc., the filing party shall present the document or material to the Department of Court Records to be stamped, docketed, and filed. Each such special filing shall be accompanied by one (1) cover sheet.
(c) In any case where a reproduced document under subdivision (b) above has been included in the pleadings or where a filing has been made under subdivision (b), and such reproduced document is not legible, an exact recitation of the contents of the document or evidence or, by agreement of the parties, the material sections of the same, shall be typed on white paper, eight and one-half inches by eleven inches in size, in twelve point type with double-spacing and margins of one inch on each side and the top and bottom of the page. This retyped document shall bear a certification of accuracy by counsel for the filing party.
Note: Local Rule 205.2(a) does not affect the provisions of Pa.R.Civ.P. 1019(i), requiring that copies of certain writings be attached to pleadings.
(2) Proposed Orders of Court.
Every preliminary objection, petition and motion shall include a proposed order of court which shall be the last page of the preliminary objection, petition, or motion.
[(3) Other Filing Requirements.
(a) Every document shall be attached only at the top left corner of the pages with one staple or, if the document is too thick for a staple, then at the top of the pages with a metal fastener (not a binder clip).
(b) Cloth tape is prohibited and shall not be used to cover the staple or metal fastener.
(c) ''Bluebacks'' shall not be used.
Note: It is recommended that the case number be entered at the top or bottom right corner on every page of every filing because of the possibility that pages of a filing may come apart.]
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.)
Local Rule 205.4. Electronic Filing of Legal Papers in Allegheny County.
Note: This Local Rule has been promulgated in compliance with Pa.R.Civ.P. 239.9(a) which provides, ''If a court permits or requires the electronic filing of legal papers with the Department of Court Records, the court must promulgate a local rule designated Local Rule 205.4 which sets forth in detail the practice and procedure to file a legal paper electronically and includes the matters set forth in this rule.''
(a)(1) [Except as noted in the subsections below,] Beginning on MM/DD/YY, use of the Allegheny County Department of Court Records Civil/Family Division (hereinafter ''DCR'') electronic filing system is [permissive] mandatory for the filing of all legal papers, including original process, in all actions and proceedings brought in or appealed to the court except as noted in the subsections below or as otherwise ordered by the Court.
Note: A ''legal paper'' is defined in Pa.R.Civ.P. 205.4(2) as ''a pleading or other paper filed in an action, including exhibits and attachments.''
A. [Use of the DCR's electronic filing system is mandatory for all actions and proceedings involving personal injury or death allegedly caused by asbestos.
B.] Use of the DCR's electronic filing system is not permitted for the following Civil Division Filings:
1. Initial filings in Petitions for Name Change;
[Note: Secondary filings in Petitions for Name Change may be filed electronically.]
2. Initial filings for Exemplification of Records;
[Note: Secondary filings involving Exemplification of Records may be filed electronically.
3. Cases or filings under seal.
4.] 3. Initial filings for appeals from a Judgment Entered by a Magisterial District Judge in cases seeking possession of residential property (''Landlord Tenant Disputes'').
[C. The following filings are permitted to be filed through the DCR's electronic filing system but will not be scheduled for argument unless a party obtains a hearing date as indicated below:
1. The following secondary filings in General Docket and Arbitration Docket cases, for which procedures for scheduling argument are set forth in the local rules indicated below: (i) preliminary objections (see Local Rule 1028(c)), (ii) petitions (see Local Rule 206.4(c)); (iii) motions for judgment on the pleadings (see Local Rule 1034(a)); and (iv) motions for summary judgment (see Local Rule 1035.2(a)).
2. The following secondary filings in Housing Court cases for which procedures for scheduling argument are set forth in the local rules indicated below: (i) preliminary objections (see Local Rule 1028(c)), (ii) petitions (see Local Rule 206.4(c)); (iii) motions for judgment on the pleadings (see Local Rule 1034(a)); and [(iii)] (iv) motions for summary judgment (see Local Rule 1035.2(a)).
D.] C. Use of the DCR's electronic filing system is not permitted for the following Family Division filings:
1. Legal papers relating to Protection from Abuse matters which must be processed with the PFA office in Family Division before they can be filed.
2. Legal papers relating to custody, partial custody or visitation matters which must be processed through the Generations office before they can be filed.
3. Legal papers relating to spousal or child support must be processed through Family Division before they can be filed.
4. Legal papers relating to divorce which contain or address counts or counterclaims for support, alimony pendente lite, alimony or custody, partial custody, and visitation, must be processed through the offices to which reference is made in (D)(1), (2) or (3) of this subsection.
Note: Divorce pleadings which do not include or address any of the counts enumerated above may be filed electronically, including but not limited to, § 3301(c) or § 3301(d) affidavits of consent, counter-affidavits, waiver of notice of intention to request entry of a decree, notice of intention to request a divorce decree, and praecipe to transmit the record.
5. All legal papers which must be presented to a Family Division Judge in motions court before filing with the office of the DCR.
(b)(1) Legal papers may be filed using the DCR's electronic filing system in the following file formats only: Portable Document Format (.pdf), Microsoft Word (.doc or .docx)[, WordPerfect for Windows, version 6.0 or higher (.wpd), TIF (.tif), GIF (.gif), JPEG (.jpg), or PCX (.pcx)] In the event any legal paper or exhibit is submitted to the DCR in a hard-copy format, the DCR shall convert to, receive, and maintain such legal paper or exhibits as a PDF, and the DCR shall return the hard-copy legal paper or exhibit to the filing party for retention as required by Pa.R.Civ.P. 205.4(b)(5).
(c)(1) [RESERVED]
(2) [The DCR's electronic filing website is dcr. alleghenycounty.us (''www'' does not appear before and ''.com'' does not appear after this web address). Persons may access the DCR's electronic filing system by first registering and establishing a User ID and password using the ''Register'' link at the DCR's electronic filing website. The User ID for Pennsylvania licensed attorneys is their Supreme Court of Pennsylvania identification number issued by the court. Non-attorney users may, at the time of registration, designate any combination of letters or numbers they may wish to use as a User ID] All legal papers or exhibits shall be filed using the DCR electronic filing system, which can be accessed on the DCR's Website at https://dcr. alleghenycounty.us.
(A) To obtain access to the DCR's electronic filing system, attorneys and any unrepresented party must register for a User ID and Password using the ''Register'' Link at the DCR's website. The User ID for Pennsylvania licensed attorneys is their Supreme Court of Pennsylvania identification number issued by the court. Non-attorney users may, at the time of registration, designate any unique combination of letters or numbers they may wish to use as a User ID.
(B) After registering for a User ID and password, attorneys may designate another User ID to act as their proxy for the purposes of electronic filing.
(C) Out-of-State Attorneys who have been admitted Pro Hac Vice by Order of Court can register for an account as if they were a Non-attorney user under (c)(2)(A). To gain the same access as Pennsylvania Licensed attorneys, the Out of-State Attorney must contact the Department of Court Records at civil@alleghenycounty.us.
(d)(1) The following credit and debit cards may be used on the DCR's electronic filing website to pay filing-related fees: Visa, MasterCard, Discover, and American Express. Such fees may also be paid by depositing in advance sufficient funds with the DCR. The DCR may also accept payments by electronic checking/ACH (Automatic Clearing House). See the DCR website for additional information.
(A) The procedures for payment of the fees and costs of the DCR shall be set forth on the DCR's Website—https://dcr.alleghenycounty.us
Note: A Party may proceed without paying DCR's filing related fees if an attorney files a Praecipe to Proceed In Forma Pauperis, or the Party files, and the court grants, a Petition to Proceed In Forma Pauperis pursuant to Pa.R.Civ.P. 240, et seq. Failure to comply with Pa.R.Civ.P. 240, et seq, may result in the Party's appeal being stricken or a Judgment of Non-Pros entered against them.
[(2) [RESERVED]
(3) [(Intentionally omitted as Allegheny County has not designated a third party to operate the electronic filing system.)]]
(e) [RESERVED]
(f) When a legal paper has been successfully transmitted electronically, the following procedures shall be followed:
(1) [When a legal paper has been successfully transmitted electronically, the DCR's electronic filing website shall generate a printable acknowledge-ment page and shall transmit to the filer an initial email confirming the electronic receipt of the legal paper and the date and time thereof. Subsequently, after the DCR has processed the electronic filing, the DCR shall transmit, to the filer, an email stating the date and time of acceptance of the filing or stating that the filing has not been accepted and the reasons for nonacceptance. A legal paper will not be considered filed if the DCR responds to the filing by notifying the filer that the filer has not (i) maintained with the DCR sufficient funds to pay the fees and costs of the filing or (ii) authorized payment by credit or debit card of such fees and costs] The DCR's electronic filing system shall generate a printable acknowledgement page and shall transmit to the filing party an initial email confirming the electronic receipt of the legal paper and the date and time thereto.
(2) Subsequently, after the DCR has processed the electronic filing, the DCR shall transmit, to the filing party, an email stating the date and time of acceptance of the filing or stating that the filing has not been accepted and the reasons for non-acceptance.
(3) If the DCR accepts a filing, it shall be deemed to have been filed as of the date and time it was received by the DCR's electronic filing system.
(4) A legal paper will not be considered filed if the DCR responds to the filing by notifying the filing party that they have not (i) maintained with the DCR sufficient funds to pay the fees and costs of the filing or (ii) authorized payment by credit or debit card of such fees and costs. The DCR is authorized to reject a filing of a legal paper submitted without the requisite payment.
[(2)] (5) The DCR shall maintain an electronic file for the legal papers, including original process, in any civil action or proceeding at law or in equity brought in or appealed to the court, including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.
[(3) [RESERVED]
(4) The procedures for payment of the fees and costs of the DCR shall be set forth on the DCR website: dcr.alleghenycounty.us (www.does not appear before and ''.com'' does not appear after this web address).
(5) [RESERVED]]
(6) Neither the Court, nor the DCR is required to maintain a hard copy of any legal paper, or exhibits, or order filed or maintained electronically under this rule.
(7) If the DCR refuses to accept a legal paper for filing, the DCR shall transmit to the filing party an email specifying the reason. Subject to the provisions of Pa.R.Civ.P. 205.4(e)(1), a legal paper refused for filing shall be deemed as not having been filed.
(A) Except as set forth in subparagraph (C) below, if the DCR refuses to accept a filing, the filing will nonetheless be deemed to have been filed at the date and time it was first received by the DCR's electronic filing system if:
(1) Within three (3) business days, the filing party resubmits the legal paper through the electronic filing system curing the defect noted by the DCR in the rejection.
(2) Once the legal paper is resubmitted, the filing party must notify the DCR of the resubmitted filing via an email to civil@alleghenycounty.us, identifying the original submission ID number of the rejected filing, the submission ID number of the resubmitted filing, the reason the DCR originally rejected the filing and a brief explanation how the defect was cured in the resubmitted filing. Both submission ID numbers can be found on the acknowledgment page provided by the DCR at the time of submission.
Note: Parties are encouraged to use the cure provisions of subparagraph (A) in only those instances where the party will be prejudiced if the legal paper is not deemed to have been filed at the date and time it was originally received by the DCR's electronic filing system.
(B) If the DCR refuses to accept a filing and the filing party fails to comply with subparagraph (A), the filing party may still cure the defect and resubmit the filing, but the accepted filing will be deemed to have been filed at the date and time it was received by the DCR's electronic filing system.
(C) Submitting a legal paper for filing without (1) sufficient funds to pay the fees and costs of the filing, or (2) authorizing payment of the fees by credit card, debit card or other means is not curable under (f)(7)(A).
(g) If a legal paper is electronically filed and accepted, the DCR will automatically notify all case participants with verified emails who have previously submitted electronic filings in the same case. The DCR is authorized to serve all case participants with verified emails who have previously submitted electronic filings in the same case with any Notice required under Pa.R.Civ.P. 236 or other rules of court. The filing party shall serve all others as required by rules of court.
(Editor's Note: Adopted April 5, 2012, effective February 22, 2013. Amended December 27, 2019, effective February 19, 2020. Amended November 29, 2021, effective January 11, 2022.)
Local Rule 206.4(c). Procedures for the Disposition of Petitions.
(1) Scope.
This local rule describes the procedures for an application to strike and/or open a default judgment or a judgment of non-pros governed by Pa.R.Civ.P. 206.1, et seq.
Note: This court has not promulgated a local rule, numbered Local Rule 206.1(a)(2), which provides for any other application to be governed by Rule 206.1, et seq.
(2) General Docket and Arbitration Docket Cases—Striking and/or Opening a Default Judgment or a Judgment of Non-Pros.
(a) A petition to strike and/or open a default judgment or a judgment of non-pros shall be presented to the General Motions Judge. It may be presented only after service of a copy of the petition and notice of the date of presentation on all other parties. Except in cases of emergency or with the consent of all other parties, the date of presentation shall be at least ten (10) days after service of a copy of the petition and notice of the date of presentation.
Note: The court does not schedule the date and time of presentation. The petitioner selects a date and time at which the General Motions Judge is hearing motions and petitions. See Civil Division link on the Website of the Common Pleas Court of Allegheny County (www. alleghenycourts.us) for the name and courtroom of the judge who is sitting as the General Motions Judge and the times that matters which have not been scheduled with the court may be presented. Ordinarily, unscheduled matters may be presented each day at 9:30 A.M. and 1:30 P.M.
If the case is on the trial list, the petition shall be presented to the Calendar Control Judge. See Local Rule 208.3(a)(3).
(b) If, upon presentation of the petition, a rule to show cause is entered, the court order issuing the rule shall set the time within which the answer to the petition shall be filed and the time within which depositions shall be completed. If the court order does not set an argument date, at any time after the date by which the depositions were to be completed, any party may order the cause for argument before the General Motions Judge by filing a praecipe to set a date and time for the final argument and transmitting a copy of the praecipe to the following email address: Civilgenmotions@alleghenycourts.us. The Chief Motions Clerk shall notify the moving party of the time and date for the final argument and the moving party shall promptly serve written notice thereof upon all other parties to the proceedings.
(c) Depositions and other evidence that a court may consider shall be filed at least fourteen (14) days before the argument date.
(d) Briefs are required. The brief of the moving party shall be filed with the Department of Court Records and served on all other parties at least fourteen (14) days prior to the argument. The brief of the party opposing the petition shall be filed at least seven (7) days prior to the argument.
(3) Housing Court Cases—Striking and/or Opening Default Judgments and Judgments of Non-Pros.
(a) [The original and a copy of the] All petitions to strike and/or open a default judgment or a judgment of non-pros [(or a copy if filed electronically)] shall be [taken to the Housing Court Clerk (Housing Court Help Desk: First Floor City County Building, 414 Grant Street, Pittsburgh, PA 15219)]. [The clerk will place, on the original and the copy of the petition, a date and time for an argument before the Housing Court Judge. The clerk will file the original petition with the Department of Court Records and return the copy to the party filing the petition. This party shall promptly serve copies of the petition on all other parties with notice of the date and time of the argument] electronically filed pursuant to Local Rule 205.4.
(b) The Petitioner must request that the petition be scheduled for oral argument by submitting the petition and a proposed order in Microsoft Wordformat to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. Once the moving party receives the argument date, the moving party shall immediately serve copies of the petition on all other parties with notice of the date and time of the argument.
[b] (c) The Petitioner shall notify a Housing Court Clerk (412-350-4462) if the petition scheduled for argument becomes moot. Otherwise, if the petitioner does not appear on the date of the argument, the court will enter an order dismissing the petition for failure of the moving party to appear.
Note: A form for filing a petition to strike and/or open a default judgment for pro se petitioners is available at the Housing Court Help Desk and on the Court's website.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020. Adopted November 29, 2021, effective January 11, 2022.)
Local Rule 208.2(d). Uncontested Motion Certification.
(1) A motion that is represented to be uncontested shall contain a certification, substantially in the form found on the Court's ''Uncontested Motions Coversheet'', by the moving party or counsel for the moving party that they have conferred with all interested parties, the full text of the motion and proposed order has been disclosed, and that the requested relief is uncontested. Uncontested Motions shall be presented pursuant to Local Rule 208.3(a)(6)(b)(iii).
Local Rule 208.2(e). Certification of Good Faith Attempt to Amicably resolve Discovery Motions.
(1) All Discovery Motions shall contain a certification, substantially in the form found on the Court's ''Discovery Motions Form,'' that the moving party has conferred with all other parties in an attempt to resolve the discovery disputes at issue. In the event the moving party was unable to confer with any party, the attempts made to confer with that party shall be specifically set forth in the Motion.
Local Rule 208.3(a). Procedures for the Disposition of Motions.
(1) As used in this rule, ''motion'' means any application to the court made in any civil action or proceeding except as provided by subdivisions (b)(1) and (2) of Pa.R.Civ.P. 208.1.
(a) This court has not promulgated a local rule, numbered Local Rule 208.3(b), because this court has not imposed requirements for the filing of a response or a brief with respect to any motion. However, the parties are encouraged to submit briefs when it is anticipated that the court will want to consider briefs before deciding the issue.
(b) This local rule does not govern motions filed in specially assigned cases (see the court's website page for a list of the specially assigned case types) or any other case specially assigned by an order of court to a single judge. Procedures for disposition of motions in specially assigned cases may be established by case management orders, standard operating procedures, or other directives issued by the assigned judge.
Note: At the time of these amendments the following matters are identified on the Court's website as specially assigned case types: Abandoned & Blighted Property Conservator (see Local Rules 701 et seq.), Asbestos, Class Action, Commerce & Complex Litigation Center, Construction, County Beverage Tax, Election, Eminent Domain, Mortgage Conciliation, Pennsylvania Liquor Control Board, Prisoner Rights, Right-to-Know, Save Your Home, Special Name Change (see Local Rule 505), Structured Settlement Approvals, Toxic Substance, Water Exoneration Hearing Board Appeals, and Zoning. This list is periodically updated.
(c) Procedures for disposition of the following are set forth in the following local rules:
(i) Preliminary objections (governed by Local Rule 1028(c)),
(ii) Motions for judgment on the pleadings (governed by Local Rule 1034(a)),
(iii) Motions for summary judgment (governed by Local Rule 1035.2(a)), and
(iv) Petitions to strike and/or open a default judgment or a judgment of non-pros (governed by Local Rule 206.4(c)).
(2) Procedure applicable to all motions: A motion may be presented only after service of the copy of the motion and notice of the date, time, and location of presentation on all other parties. Except in cases of emergency, or with the consent of all other parties, the date of presentation shall be at least ten (10) days after service of a copy of the motion and the notice of the date of presentation.
Note: If after reviewing Sections (3) through (6) below questions remain as to where a motion should be presented or which judges should hear a particular motion, please send an inquiry email to Civilgenmotions@ alleghenycourts.us.
(3) Calendar Control Judge
(a) The Calendar Control Judge shall hear the following:
(i) All motions in any case that has been listed for trial or has appeared on a published trial list shall be presented to the Calendar Control Judge. This includes all motions that would otherwise have been heard by the General Motions Judge or the Discovery Motions Judge.
Note: The docket will show if a case has been listed for trial on a published trial list. For docket entries, go to https://dcr.alleghenycounty.us and click on Civil/Family Division, then ''Search'' and enter the docket number.
(ii) All motions relating to the following matters, regardless of whether a case has been listed for trial or has appeared on a published trial list:
(a). the compromise, settlement, and discontinuance of an action to which a minor is a party;
Note: See Local Rule 2039 for the procedures governing a petition presented pursuant to Pa.R.Civ.P. 2039.
(b). the compromise, settlement, and discontinuance of an action to which an incapacitated person is a party;
Note: See Local Rule 2064 for the procedures governing a petition presented pursuant to Pa.R.Civ.P. 2064.
(c). praecipes to place at issue; and
(d). contested motions for continuance of an arbitration hearing, other than in Housing Court cases, which are presented to the Housing Court Judge. Such motions shall be presented using the Cover Sheet and Adjournment of Hearing Form (Form 208.3(a)) which is available on the Court's website at https://www.alleghenycourts.us/civil/arbitration.aspx.
Note: To reschedule an arbitration hearing date with agreement of all parties, an Adjournment of Hearing Form shall be presented to the arbitration email at civilarb@ alleghenycourts.us. These procedures are published on the Court's website at https//www.alleghenycourts.us/courts/ arbitration.aspx.
(b) Presentation:
(i) The Calendar Control Judge does not schedule the date or time of presentation. The moving party/petitioner selects the date and time for presentation.
Note: Calendar Control Motions are generally held at 9:30 a.m. Please refer to the Calendar Control Judge's standard operating procedures and the Calendar Control Motions schedule, which can be found at: [https://www.alleghenycourts.us/Civil/Calendar_Control_ New.aspx] https://www.alleghenycourts.us/civil/about/calendar-control.
(ii) A courtesy copy shall be provided to the Calendar Control Judge in advance of presentation of the motion.
(4) Discovery Motions Judge
(a) The Discovery Motions Judge shall hear the following:
(i) All discovery motions for General and Arbitration Docket cases that have not yet appeared on a published trial list or been assigned a trial date; with the exceptions set forth below in subsection (iv) this includes Arbitration Docket cases which have been assigned an arbitration hearing date (although such motions are disfavored);
Note: The scheduling of an arbitration hearing does not constitute appearance on a published trial list or the assignment of a trial date.
(ii) All motions relating to pre-complaint discovery;
(i) Discovery in aid of execution;
(ii) All motions to dismiss based upon affidavits of non-involvement pursuant to Pa.R.Civ.P. No. 1036, et seq.
(b) The following discovery motions will not be heard by the Discovery Motions Judge and shall be heard by the General Motions Judge:
(i) Requests for injunctive relief, including discovery on requests for injunctive relief; and
(ii) Discovery disputes relating to or arising out of a Rule to Show Cause issued by the General Motions Judge.
(c) Discovery motions assigned to a specific Judge shall be heard by the assigned judge.
(d) Presentation
(i) [The Discovery Motions Judge does not schedule the date of time of presentation, but typically hears all motions at 2:00 p.m. on Fridays, unless otherwise indicated. Scheduling is not required] The Discovery Motions Judge shall determine the method of submission, hearing date/time, and format of hearings, at the Discovery Motions Judge's discretion, pursuant to the procedures located on the Court's Website.
(ii) Absent compelling circumstances, the court requires the parties to conduct a meaningful ''meet and confer'' prior to presentation of any contested motion. The court will inquire into the specifics of the meet and confer during the hearing.
Note: See Local Rule 208.2(e) regarding the requirements for the ''Certification of Good Faith Attempt to Amicably resolve Discovery Motions''.
(iii) All parties must bring an additional coversheet/caption for the benefit of the Court Reporter.
(iv) [The moving party shall, upon entering the court room, present to the clerk all motions and coversheets. The moving party shall indicate whether the motion is contested or uncontested/unopposed. If a party is unable to represent to the clerk affirmative assent to a motion being uncontested/unopposed, the motion shall be classified as contested] The moving party shall indicate whether the motion is contested or uncontested/unopposed. If a party is unable to represent to the clerk affirmative assent to a motion being uncontested/unopposed, the motion shall be classified as contested. See explanatory note below.
a. Uncontested or unopposed motions will be heard first, followed by contested motions.
Note: In presenting a motion as uncontested or unopposed, counsel certifies to the court that a copy of the motion, exhibits, and any proposed order was served on every other party or attorney of record [including notice of the time, date, and location for presentation, and at least ten days have passed, or counsel has obtained the consent or affirmation that said motion is not opposed. Mere failure of the opposing party to appear at precisely 2:00 p.m. does not render a motion uncontested/ unopposed. The court in its discretion will determine when enough time has elapsed to render the motion uncontested/unopposed].
(5) Housing Court Judge
(a) The Housing Court Judge shall hear the following:
(i) All motions involving Housing Court cases. (See Local Rule 76 Definitions for information relating to which cases shall be assigned to the Housing Court or ruled upon the Housing Court Judge.);
(ii) All contested requests for the continuance of an arbitration hearing in a Housing Court matter; and
(iii) All Motions for Late Appeal of Disposition from a Magisterial District Judge in a Landlord Tenant Proceeding.
(b) Presentation:
(i) Except for initial filings as set forth in Local Rule 205.4(a)(1)(B)(3) (i.e., Motions to File Late Appeal), all Housing Court Motions must be [filed electronically] electronically filed pursuant to Local Rule 205.4. [or in person with the Department of Court Records. No motion will be scheduled for argument unless requested as set forth in subsection (a) or (b) below.
a. For electronically filed motions, the party must request that the motion be scheduled for oral argument by submitting the motion to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us.
b. If the motion is not electronically filed, the original and a copy of the (motion shall be taken to the Housing Court Clerk (Housing Court Clerk at the Housing Court Help Desk: First Floor City County Building). The clerk will place, on the original and the copy of the motion, a time and date for an argument before the Housing Court Judge. The clerk will file the original with the Department of Court Records and return the copy to the party filing the motion. This party shall immediately serve copies of the motion on all other parties with notice of the date and time of the argument.]
(a) Prior to electronically filing the motion with the Department of Court Records, the moving party must request an argument date by submitting the motion to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. The Help Desk will provide a date and time for argument, which the moving party shall include in a notice of presentation when electronically filing the motion. The Court may not hear argument if the docketed motion does not have a completed Notice of Presentation, with the date and time of argument provided by the Housing Court Help Desk.
(b) After electronically filing the motion with the provided argument date, the Moving party shall serve a copy of the motion on all other parties with the notice of the date and time of the argument.
Note: [The moving party will not receive an oral argument date unless the moving party either takes the motion to the Housing Court Help Desk or submits the motion to the Help Desk email: HCHelpdesk@alleghenycourts.us.] For further information concerning Housing Court procedures, forms and protocols, Parties should go to the Court's website at https://www.alleghenycourts.us/civil/about/housing-court/.
(i) The party seeking a contested continuance of an arbitration hearing shall present to the Housing Court Judge an Adjournment of Hearing Form (FORM 208.3(a)) (see subsection (3)(a)(ii)(d) above), which may be obtained from the Housing Court Clerk at the Housing Court Help Desk: First Floor City-County Building, or by going to the Court's website, and specifically the arbitration page where such forms are available to download.
Note: If all parties agree to the continuance, the Housing Court Clerk has the authority to sign the Adjournment of Hearing continuing the case (FORM 208.3(a)) (see subsection (3)(a)(ii)(d) above).
(ii) Motion for Late Appeal shall be filed in person pursuant to Local Rule 205.4(a)(1)(A)(3) with the Department of Court Records and a copy immediately provided to the Housing Court Clerk (See Housing Court Help Desk: First Floor City County Building, for Forms relating to Motions for Late Appeal).
(a). The Housing Court Clerk will schedule the motion with the Housing Court Judge. The motion will generally be scheduled on a date which provides all other parties with ten (10) days' notice of the scheduled argument date. However, if an eviction is scheduled, the Housing Court Clerk will make every effort to schedule argument on Motion for Late Appeal before the scheduled eviction, although the Court may not be able to schedule a hearing before the eviction date. The filing party is responsible for informing the Housing Court Clerk of the date of any scheduled eviction.
(b). The filing party is required to serve the Motion for Late Appeal upon the opposing party, and if the filing party is the tenant, also required to serve the Motion for Late Appeal upon the Magisterial District Court issuing the Disposition.
(6) General Motions Judge
(a) The General Motions Judge shall hear the following for any General and Arbitration Docket case that has not yet appeared on a published trial list or been listed for trial:
(i) All motions relating to the following:
(a). pleadings including amendments, joinder of parties, late joinder of additional defendants;
(b). withdrawal and disqualification of counsel;
(c). discontinuances, consolidation, severance, and coordination of actions in different counties (Pa.R.Civ.P. 213.1);
(d). transfers between Arbitration and General Docket;
(e). certificates of merit (Pa.R.Civ.P. 1042.1, et seq.);
(f). requests for injunctive relief, including discovery on requests for injunctive relief; and
(g). discovery disputes relating to or arising out of a Rule to Show Cause issued by the General Motions Judge.
(ii) All motions for any Arbitration Docket case prior to listing for trial, except:
(a). discovery motions, which shall be presented to the Discovery Motions Judge;
(b). the compromise, settlement, and discontinuance of an action to which a minor is a party, which shall be presented to the Calendar Control Judge;
(c). the compromise, settlement, and discontinuance of an action to which an incapacitated person is a party, which shall be presented to the Calendar Control Judge;
(d). contested requests for the continuance of an arbitration hearing, which shall be presented to the Calendar Control Judge.
(iii) All petitions to strike and/or open a default judgment or a judgment of non-pros (the procedure including presentation, for which is found at Local Rule 206.4(c), not below);
(iv) All motions not otherwise addressed in Local Rules 208.3, 1028(c), 1034(a), or 1035.2(a).
(b) Presentation:
(i) The General Motions Judge [typically] hears motions daily at 9:30 a.m. [and 1:30 p.m.] in Courtroom 703. The General Motions Judge does not schedule the date or time of presentation. The moving party/petitioner selects the date and time for presentation.
(ii) The original motion must be electronically filed pursuant to Local Rule 205.4 with the Department of Court Records. A copy of the motion shall be provided to the Chief Motions Clerk prior to presentation.
(iii) A motion which is uncontested, and which contains the certification required by Local Rule 208.2(d), may be presented in person or by emailing the Motion with a proposed order in Microsoft Word format to civiluncontestedmotions@ alleghenycourts.us.
(iv) For all Contested Motions, a copy of the Motion shall be provided to the Judge assigned to sit as the General Motions Judge on the date the motion is noticed for presentation pursuant to subparagraph (i). If the motion is resolved or is moot prior to the noticed argument date, the moving party shall notify the Judge to whom they provided notice.
Note: Judicial Assignments for General Motions can be found at https://www.alleghenycourts.us/civil/about/general-motions/. Procedures for providing copies of the motion can be found in each Judge's Standard Operating Procedures, found at https://www.alleghenycourts.us/civil/judicial-chambers-operating-procedures.
[iii.] v. The [Chief] General Motions Supervisor/Clerk will file any order issued by the Court.
(7) Form 208.3(a). Arbitration Adjournment of Hearing Form and Cover Sheet.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
COVER SHEET
_________________ CIVIL DIVISION Plaintiff GD No __________ v. *(Use AR or LT No. for Arbitration Cases and BV No. for Assessment Appeals.) _________________ Type of Pleading Defendants Adjournment of Arbitration Hearing Filed on behalf of (Name of Filing Party) _________________ [ ] Counsel of Record [ ] Individual, if Pro Se _________________ Address, Telephone Number, and Email Address: _________________ Attorney's State ID: __________ _________________ Attorney's Firm ID: __________ _________________
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA
ARBITRATION SECTION
_________________ No. _________________ , 20 ____ _________________ Presently listed __________ No. of Times Continued __________ vs Landlord/Tenant Action __________ _________________ _________________ A false certification of consent of all parties is subject to the provisions of 18 Pa.C.S.A. § 4904(a) pertaining to unsworn falsification to authorities and is sanctionable under 42 Pa.C.S.A. § 2503.
ADJOURNMENT OF HEARING On ______ , 20 ____ , on order of court, the date of hearing is adjourned to ______ , 20 ____ .
Stipulation
_________________ BY THE COURT:
_________________
_________________
REASON FOR CONTINUANCE:
Note: A Microsoft Word version of this form can be obtained and downloaded from the Civil Arbitration page of the Court's website at http://www.alleghenycourts. us/civil/about/about-arbitration/.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.)
Local Rule 212.1. Pre-Trial Procedure for All Actions in the Civil Division of the Court of Common Pleas of Allegheny County. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.
1. Pa.R.Civ.P. 212.1 through 212.3 and Local Rules 212.1 through 212.3 apply to all civil actions, both jury and nonjury, to be tried in the Civil Division; appeals from Compulsory Arbitration shall be exempt unless such cases include a demand for a jury trial, and under such circumstances parties involved in such a case must comply with Local Rules 212.1 through 212.3.
2. Definitions. In these rules, the following words shall have the following meanings:
a. ''pretrial conference''—a conference scheduled by the Court in accordance with Pa.R.Civ.P. 212.3 in which, in addition to matters set forth in Pa.R.Civ.P. 212.3, the Court shall:
i. determine whether the parties have complied with this local rule; and
ii. attempt an amicable settlement of the case. b
b. ''Conciliating Judge''—the Judge assigned to conduct the pre-trial conference.
3. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement. Notices required by Pa.R.Civ.P. 212.1 shall be given by publication in the Pittsburgh Legal Journal, and notice shall be provided to unrepresented parties and to those out of county counsel identified in paragraph 6 of the Praecipe to Place the Case at Issue (see FORM 214w).
Note: As soon as there is a published trial list, trial dates appear as docket entries in each individual case on the trial list. Docket entries are available online at: https://dcr.alleghenycounty.us/ and click on Civil/Family Division, then ''Case Search'' (in upper right corner) and enter the docket number. Additionally, published trial lists are also available on the Civil Division's website [at: www.alleghenycourts.us] https://apps.allegheny courts.us/Civil/CaseScheduling.aspx.
Trial lists are generally published in the Pittsburgh Legal Journal 6 months prior to commencement of the trial term. Pre-trial deadlines are generally as follows: 16 weeks prior to commencement of the trial term for the close of discovery; 14 weeks prior to commencement of the trial term for plaintiffs' pre-trial statements; 12 weeks prior to commencement of the trial term for all other parties' pre-trial statements; and 45 days prior to the commencement of the trial term for completion of mediation pursuant to Local Rule 212.7. The general schedule set forth in this Note is only advisory and may vary from the controlling dates and deadlines published in the Pittsburgh Legal Journal.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.
Local Rule 212.3. Conduct of Pre-Trial Conference.
(1) The conduct of the pre-trial conference shall be in conformity with Pa.R.Civ.P. 212.3.
(2) Notice of the time, date and Conciliating Judge for the pre-trial conference shall be provided by publication in the Pittsburgh Legal Journal, and notice shall be provided to unrepresented parties and to those out-of-county counsel who submitted notice of their address to the Calendar Control section of the Civil Division at the time the case was placed at issue.
Note: The dates and times of pre-trial conciliations are also available on the Civil Division's website at: [www.alleghenycourts.us] https://apps.allegheny courts.us/Civil/CaseScheduling.aspx.
(3) Any application for rescheduling a pre-trial conference shall be addressed to the Conciliating Judge before whom the pre-trial conference is scheduled.
Note: See Local Rule 214(5)(f) regarding petitions to continue the trial of cases on the General Docket.
(4) Unless excused by the Conciliating Judge, each party with a financial interest and each non-party with a financial interest (such as insurers) shall be present with full authority to settle the case. However, parties without a financial interest need not attend.
(5) The Judge presiding at the pre-trial conference may impose such sanctions as are deemed appropriate against counsel and/or the party(ies) for failure to comply with this rule.
(6) Housing Court Judge. Actions involving residential landlord tenant disputes (which include the rental of property involving a mobile home), statutory appeals from public housing and federal Section 8 grievance hearings, and all code enforcement matters involving properties leased or rented to residential tenants shall be assigned to the Housing Court and heard by the Housing Court Judge.
Note: Pre-trial conferences and other pre-trial procedures in cases assigned for trial to a particular Judge may be conducted according to the procedures directed by that Judge.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.
Local Rule 212.7. Mandatory Mediation.
(1) All parties shall participate in a formal mediation process no later than 45 days prior to commencement of the assigned trial term, as published in the Pittsburgh Legal Journal pursuant to Local Rule 212.1(3). his requirement shall apply unless:
(a) The Calendar Control Judge excuses the case from mediation upon motion and good cause shown; or
Note: At the discretion of the Calendar Control Judge, ''good cause'' may include, but is not limited to, the expense of mediation relative to a party's perceived valuation of the case, as well as a party's inability to afford the expense of mediation.
Local Rule 213. Petitions for Consolidation. Survival Actions.
(1) Petitions for Consolidation shall bear the captions of each case as to which consolidation is requested, including all issue numbers, and shall be filed at all cases as to which consolidation is requested.
[2. At the time of presentation of a petition for consolidation of cases, counsel shall bring sufficient copies of the petition, so that there will be one copy of the petition for the Court file of every case as to which consolidation is requested.
3.] 2. Transfer and consolidation of survival actions and related wrongful death actions are governed by Pa.R.Civ.P. 213.
Note: As to settlement of survival actions, see Local Rule 2206 and Orphans' Court Local Rule 12.16F.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 214. Issue Docket, Trial Lists and Trials.
(1) Issue Docket—General Docket (''GD'') Cases.
(a) After the expiration of sixty (60) days from the date of service of the original complaint upon each defendant, and after all of the pleadings in a case are closed, any of the parties may file a praecipe to place the case at issue, thereby signifying that the case is ready to be listed for trial. The Praecipe to Place the Case at Issue shall be in the same form as FORM 214 (see subsection (b) below). Cases placed at issue receive consecutive numbers (''issue numbers'') which are used to track the placement of cases on a trial list. After an issue number is assigned to a case, it shall be included on the caption and cover sheet of all subsequent filings. The Department of Court Records shall keep an issue docket of cases placed at issue. The Calendar Control Office of the Court of Common Pleas shall create the civil trial lists from those cases which have been placed at issue.
Note: The Court has provided a mandatory form of Praecipe to Place Case at Issue, FORM 214 (see subsection (b) below), which requires that counsel provide the Court with certain information regarding the case, to facilitate the orderly assembly of trial lists.
Note: See Local Rule 4003.5(7)(a) regarding priority on trial lists for professional liability and product liability cases which meet certain criteria. The form to be used to obtain priority placement on trial lists for such cases is found at FORM 4003.5D at Local Rule 4003.5(10)(d). This form is filed, at the appropriate time, in addition to the Praecipe to Place Case at Issue.
(b) —Form 214. Form of Praecipe to Place Case at Issue.
[CASE CAPTION, INCLUDING DOCKET NUMBER]
PRAECIPE TO PLACE CASE AT ISSUE The undersigned party hereby certifies the accuracy of the following information to the Court, and requests that the Department of Court Records assign an issue number to this case, list this case on the issue docket, and place it in order on the next available trial list:
1. At least sixty days have passed since the service of the original complaint on all defendants.
2. All pleadings have been filed.
3. All preliminary motions and objections have been disposed of.
4. There are ______ plaintiffs and ______ defendants remaining in the case. Plaintiffs remaining in the case, and their counsel, are: (list the parties and their counsel). Defendants who have actually been served and who remain in the case, and their counsel, are: (list the parties and their counsel).
5. According to documents filed in the case, the following parties are not presently represented by counsel and should be provided with notice of earliest trial date pursuant to Local Rule 212.1(3) at the following addresses: (list unrepresented parties and their mailing addresses).
Alternative 5. According to documents filed in the case, there are no unrepresented parties in this case at this time.
6. According to documents filed in the case, the following parties are presently represented only by out-of-county counsel. Such counsel should be provided with notice of earliest trial date pursuant to Local Rule 212.1(3): (list party, their out-of-county counsel, and counsel's mailing address).
Alternative 6. According to documents filed in the case, there are no parties in this case who are represented only by out-of-county counsel.
7. I estimate that the following number of days will be required for the trial of this case, including the time required for jury selection, closing arguments and charge:
[ ] No more than 1 trial day
[ ] 2 to 3 trial days
[ ] 4 to 6 trial days
[ ] 7 to 10 trial days
[ ] 11 to 15 trial days
[ ] More than 15 trial days
8. A jury trial has/has not [circle one] been requested in this case.
9. If this is a civil action that raises only claims for equitable relief, see Local Rule 1001 and FORM 1001 at Local Rule 1001(3).
Respectfully submitted,
Dated: _________________
By: __________
(Identification of pro se party or counsel)
(Address and telephone number of pro se party or counsel)(2) Exceptions to Issue Docket.
The following types of cases need not be placed at issue or otherwise certified ready for trial:
(a) cases pending on the Compulsory Arbitration docket (AR) and (LT);
(b) appeals from Compulsory Arbitration;
(c) cases originally filed in the general docket (GD) and transferred to Compulsory Arbitration; and
(d) cases in which a new trial has been granted by either the court of original or appellate jurisdiction.
Note: In cases in which a new trial has been granted, prompt written notice of the granting of such relief should be given by plaintiff to the Calendar Control Office of the Civil Division.
(3) Removal from The Issue Docket.
Cases which have been stricken from the issue docket shall receive new issue numbers after full compliance with this local rule and the filing of a subsequent Praecipe to Place Case at Issue.
(4) Trial Terms.
Civil Division trial terms are generally scheduled for five- or six-week periods commencing each January, March, May, September, and November.
(5) Trial Lists. Call of The List. Date of Trial.
(a) Initial Publication of Trial Lists. The trial dates for each term and the cases scheduled to be tried during that term are published approximately one hundred and twenty (120) days prior to the beginning of each of the trial terms in the Pittsburgh Legal Journal. It shall be the responsibility of in-county counsel to monitor the Pittsburgh Legal Journal for the initial listing of a case on a trial list. Publication of trial lists in the Pittsburgh Legal Journal is the only form of notice given to in-county counsel of the listing of a case for trial. Unrepresented parties and out-of-county counsel who submit notice of their address to the Calendar Control Office of the Civil Division (see Local Rule 212.1(3)) are mailed a notice of earliest trial date.
Note: As soon as there is a published trial list, trial dates appear as docket entries in each individual case on the trial list. Docket entries are available online at: [Department of Court Records.county.allegheny. pa.us (no www. and no .com or .org] https://dcr. alleghenycounty.us. Additionally, published trial lists are also available on the Civil Division's website at: www.alleghenycourts.us.
(b) Pre-trial Discovery Deadlines. Deadlines for the completion of discovery are published with the trial list in the Procedure, so that the response may be served on or before the date set for completion of discovery.
Note: Generally, discovery is required to be completed sixty (60) days prior to the commencement of the trial term in which the case is listed for trial.
(c) Call of the List. Each day during the trial term at 9:00 a.m., the Calendar Control Judge calls the daily trial list. Counsel for each party in each case listed for the first time on that date shall appear at said time, personally or through a representative, and shall advise the Court, when the case is called:
• whether counsel for each party is ready for trial (each party, in turn, advises the court);
• the expected time required to try the case; and/or
• of any settlements which have occurred.
Counsel shall be prepared to commence trial on and after the date of the Call of the List. Counsel shall be prepared to engage in conciliation immediately after the Call of the List, or at such other time as the Court may thereafter direct. Cases not commenced on the date listed will be called again the following day and each day thereafter, until the case is commenced, removed from the list by motion or settlement, or the trial term ends. Cases not commenced during the trial term are placed on a future trial list.
(d) Daily Publication of Updated Trial List. During each trial term, daily trial lists, updated to reflect settlements, continuances, cases called for trial, or other dispositions of cases, are published daily in the Pittsburgh Legal Journal. It is the responsibility of all parties to monitor the status of their cases on the updated trial list. Written notice of updates will not be sent.
Note: Updated trial lists are also available on the Civil Division website at: www.alleghenycourts.us.
(e) Date of Trial. The dates for which cases are listed for trial are intended to serve as close estimates as to when each case will be reached for trial.
(f) Trial Policy.
(i) When the list of cases is first published, trial counsel must ascertain the readiness of their cases as to bills, reports, etc. and the availability of witnesses, doctors, experts, etc. involved in the case.
(ii) When it is ascertained that any person necessary for the trial of the case may not be available during the trial term, the deposition of that person for use at trial must be taken forthwith.
(iii) Requests for continuances or adjustments of the trial date should be made as soon as possible after the initial publication of the trial list. Last-minute requests for continuances ordinarily will not be granted to accommodate counsel, clients or witnesses for business trips, vacations, or any absence during trial terms or for failure to comply with any of the trial policy rules.
(iv) Counsel, as listed for the case, must be available and ready to try the case at the time it is called.
(v) If listed counsel are not available, absent compelling reasons, substitute counsel must be available.
(vi) A law firm not having sufficient trial counsel may be required to obtain substitute trial counsel.
(vii) If listed counsel is not available and no substitute counsel is provided, the case will proceed without counsel.
(viii) When called to select a jury, unless excused by the Court, counsel must appear within fifteen (15) minutes; if not present when so called, a clerk will select the jury and the case will be ordered to trial notwithstanding the absence of counsel.
(ix) The trial policy rules will be applied regardless of the directions or desires of clients.
Note: As to motions relating to cases appearing on a published trial list, see Local Rule 208.3(a)(3) regarding the Calendar Control Judge. As to pre-trial statements, see Local Rule 212.2.
(6) Exception to Trial Lists. Cases which have been assigned to an individual judge do not appear on a trial list; rather, such cases proceed to trial as ordered by the individual assigned judge. Local Rule 220.1 Voir Dire.
(Editor's Note: Adopted October 4, 2006, effective December 4, 2006.)
Local Rule 227.1. Post-Trial Motions. Filing of Appeals. Request for Transcript, Certification and Waiver Forms.
(1) Post-Trial Motions.
(a) Post-Trial Motions shall be electronically filed [in the Office of the Department of Court Records] pursuant to Local Rule 205.4 and a copy shall be delivered to the Trial Judge. Argument shall be scheduled by the Trial Judge without praecipe.
(b) On all Motions for Post-Trial Relief, only those portions of the testimony relating to the questions raised need be transcribed. If counsel cannot agree on the evidence to be transcribed, the matter may be submitted to the Trial Judge. The reporter shall arrange the transcript so that omitted portions may be inserted in the event this becomes necessary. A moving party desiring to rely wholly or in part on a transcript of the testimony or on the charge of the Court shall electronically file [in the Office of the Department of Court Records] a certificate from the court reporter, stating that the testimony relied upon, or the charge has been ordered and is being transcribed. Such certificate shall be filed within a period of ten days from the filing of the Motion for Post-Trial Relief. Upon failure to file such certificate within the time prescribed, it shall be conclusively presumed a transcript of said testimony is not necessary and is waived. When a Motion for Post-Trial Relief is abandoned at or before argument before the Court, or when it is found by the Court to have no merit or is denied, the cost of the transcript may be assessed against the party filing the Motion.
Unless accompanied by an affidavit stating the names of all witnesses expected to testify, and the substance of the testimony they are expected to offer, no Motion for a New Trial will be entertained on the grounds of after-discovered evidence.
Upon the filing of any Motion for Post-Trial Relief, the Court may, on its own motion or on the motion of any interested party, hold a post-trial hearing and/or conciliation.
(c) Unless accompanied by an affidavit stating the names of all witnesses expected to testify, and the substance of the testimony they are expected to offer, no Motion for a New Trial will be entertained on the grounds of after-discovered evidence.
(d) Upon the filing of any Motion for Post-Trial Relief, the Court may, on its own motion or on the motion of any interested party, hold a post-trial hearing and/or conciliation.
Note: See Pa.R.Civ.P. 106 regarding computation of time.
(2) Appeals. When filing documents necessary to effectuate an appeal of a Civil Division matter in accordance with the Pennsylvania Rules of Appellate Procedure and specifically Pa.R.A.P. 905 and 906, filings with this Court are made in the appropriate division of the Department of Court Records identified in Rule 1(3) of these Rules.
(a) Filing and Request for Transcript, Certification and Waiver Form.
(i) At the time of filing a Notice of Appeal in the Court of Common Pleas, and pursuant to Pa.R.A.P. 906, whether or not a transcript or waiver has already been filed, the appellant shall attach to all copies of the Notice of Appeal a copy of the completed and acknowledged Request for Transcript, Certification and Waiver, FORM 227.1A. FORM 227.1A can be obtained from the Allegheny County Office of Court Reporters or from the Fifth Judicial District of Pennsylvania's website under the Administration tab.
(ii) The Request for Transcript, Certification and Waiver must be completed by the party placing the order, signed by a Judge, if required by Pa.R.A.P. 1922(b), and delivered to the Manager of the Court Reporters to place an order for a transcript for any purpose.
(iii) FORM 227.1A also shall be prepared and filed to demonstrate waiver of a transcript or portion thereof in connection with an appeal.
(iv) The Manager of Court Reporters shall insert the date the Request form is received and shall acknowledge said receipt by signature.
(v) A copy of the form, as acknowledged by the Manager of Court Reporters, shall be satisfactory proof of a transcript order or waiver.
(vi) When a transcript is ordered, the Manager of Court Reporters shall obtain the signature of the court reporter and insert the estimated number of pages and the estimated completion date in the appropriate place on the form.
(vii) The copies of the Request form then shall be distributed to the designated persons by the Manager of the Court Reporters.
(b) Notice of Proof of Filing or Delivery of the Transcript.
(i) The Notice of Proof of Filing or Delivery of the Transcript (FORM 227.1B) (see subsection (d)(i) below) shall be filed with the Department of Court Records and distributed to the designated persons by the Manager of the Court Reporters.
(ii) If a requisite transcript or portion thereof has already been filed with the Department of Court Records, a photocopy of the Request for Transcript, Certification and Waiver (FORM 227.1A) and the Notice of Proof of Filing or Delivery of the Transcript (FORM 227.1B) may be attached to the Notice of Appeal.
(c) Transcripts of testimony may not be photocopied.
(d) Forms:
Form 227.1B. Notice of Proof of Filing or Delivery of the Transcript.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
_____ Civil Division
_____ Case No.:
______
______
NOTICE OF PROOF OF FILING OR DELIVERY OF THE TRANSCRIPT
Proceeding: _____ Complete Case _____
Plaintiff's Case _____
Date: _____ Defendant's Case _____
Charge _____
Judge: _____ Closing Argument _____
Other _____
I hereby certify that I have filed and/or delivered the above-described transcript with/to the following:
Date Signature _________________
Department of Court Records _____
Attorney _____
Court Reporter
If no objections are made to the text of the transcript within five (5) days after such notice, the transcript will become part of the record.
Copies: Judge/Department of Court Records/Manager of Court Reporters/Attorney/Other
Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.
Local Rule 234.1. Subpoena.
(1) The copy of any subpoena (the original of which issued from this Court) left with a witness who has been subpoenaed shall have endorsed on said copy the caption, the number and term of the case, and the name, office address and telephone number of the attorney causing the subpoena to be issued and served.
(2) A copy of [the original] any subpoena with a completed return of service shall be electronically filed [with the Department of Court Records] pursuant to Local Rule 205.4.
(3) Subpoenas duces tecum for production of hospital records shall be served between the hours of 9:00 a.m. and 5:00 p.m. and at least two days before the time stated in the subpoena for appearance. A one-day witness fee and round-trip mileage shall be tendered at the time the subpoena is served.
(4) Subpoenas requiring production of hospital records shall not be deemed to apply to x-rays or other data not strictly a part of a hospital record unless they are specifically requested in the subpoena.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.
Service Local Rule 440. [Certificate of Service.] Service of Legal Papers other than Original Process.
(A) Certificate of Service
(1) Copies of all legal papers other than original process that are required to be served on each party to the action pursuant to Pa.R.Civ.P. 440, shall include a Certificate of Service, which sets forth the date and manner of service.
(2) The Certificate of Service shall set forth the name of an attorney of record for each of the parties that is represented by counsel and the address at which service was made.
Note: The mere statement ''Service upon all counsel of record'' is not acceptable.
(3) If any parties are not represented by counsel, the Certificate of Service shall identify the party as being unrepresented by using a ''pro se'' designation and shall set forth the address at which service was made.
(4) The address listed in the Certificate of Service may be an e-mail address or telephone number used for a facsimile transmission where service was made in this fashion provided that such service is authorized under the Pennsylvania Rules of Civil Procedure.
(B) Notice of Change of Address
(1) If at any time during the course of an action, the Attorney of Record's address changes, the Attorney shall immediately electronically file a Notice of Change of Address with the Department of Court Records in each case in which they appear.
(2) If at any time during the course of an action, a pro se litigant's address changes, they must immediately file a Notice of Change of Address with the Department of Court Records in each case they are a case participant.
(3) The Notice of Change of Address shall be in a form similar to FORM 440(B) and shall provide:
i. The filing party name(s), the old physical address(es), and the new physical address(es);
ii. The filing party's old email address and the filing party's new email address, and;
iii. The effective date of the address change.
Form 440(B). Notice of Change of Address.
CASE CAPTION, INCLUDING DOCKET NUMBER
NOTICE Department of Court Records, Civil Division
First Floor, City County Building
414 Grant Street
Pittsburgh, PA 15219
Re: CASE CAPTION and DOCKET NUMBER
(1) This Change of Address is filed on behalf of _________________ .
(2) The former address(es) of the filing party is (are):__________
_______________________________________________ .(3) The new address(es) of the filling party is (are):
__________
_______________________________________________ .(4) This address change became effective as of _________________ , _________________ .
_________________
_________________Signed
DatedLocal Rule 502.1. Notice of Change of Ownership of Property. Change of Address. Withdrawal or Substitution of Counsel.
(1) If at any time during the course of an appeal filed pursuant to Local Rules 503 or 504 ownership of the property at issue is transferred, changed, or altered in any way, the property owner listed of record in the appeal is required to electronically file pursuant to Local Rule 205.4 a notice of the transfer/change/alteration with the Department of Court Records, Civil/Family Division (FORM 502.1) (see subsection (2) below). The Notice shall provide the following information:
(a) The name(s) and address(es) of the new owner(s) of the property;
(b) The type of transfer/change/alteration (e.g., property sold, joint tenant added); and
(c) The date of the transfer/change/alteration.
Note: An appeal to the Board of Viewers is an appeal to the Court of Common Pleas. See Local Rule 503(9). See Pa.R.Civ.P. 1012 for notice requirements when there is a withdrawal or substitution of counsel. See Pa.R.Civ.P. 440 and Local Rule 440 for requirements of service of legal papers.
Form 502.1. Change of Ownership. Change of Address.
NOTICE Department of Court Records, Civil Division
First Floor, City County Building
414 Grant Street
Pittsburgh, PA 15219
Re: [ORIGINAL CASE CAPTION AND DOCKET NUMBER] (1) The names(s) and address(es) of the new owner(s) of the property is (are):
__________
__________
(2) The ownership of the property that is the subject of the referenced assessment appeal has been changed, as follows (e.g., property sold, joint tenant added, etc.):
__________
(3) The date of the transfer/change/alteration was: __________
Dated: _________________
Signed: _________________Editor's Note: Adopted June 5, 2008, effective July 28, 2008.
Local Rule 503. Appeals From Real Estate Tax Assessment.
The following provisions shall govern all tax assessment appeals from the Disposition of Appeal from Real Estate Assessment of the Board of Property Assessment Appeals and Review:
Note: Under the former Local Rule 502, there was some confusion regarding whether Local Rule 502 applied both to tax assessment appeals and to tax exemption appeals from the Board of Property Assessment Appeals and Review. New Local Rule 503 applies only to tax assessment appeals. For procedure governing tax exemption appeals, see Local Rule 504.
(1) Parties.
(a) The following parties must be listed in the caption of the appeal:
(i) owner(s) of the real estate and/or taxable property;
(ii) the municipality in which the property is located;
(iii) the school district in which the property is located; and
(iv) the County of Allegheny.
(b) Any entity other than those set forth in subsection (1)(a) of this local rule must file a Petition to Intervene with the Real Estate Tax Appeals Judge in accordance with the Pennsylvania Rules of Civil Procedure to become a party.
(2) Caption.
(a) The party filing the appeal shall be designated as the petitioner. All other parties shall be designated as respondents or interested parties.
(b) The caption and cover sheet shall clearly state whether the appeal involves commercial or residential property.
(3) Time For and Content of Appeals.
(a) An appeal from the decision of the Board of Property Assessment, Appeals and Review must be verified pursuant to Pa.R.C.P. 206.3 and [filed] electronically filed pursuant to Local Rule 205.4 with the Department of Court Records Civil/Family Division within thirty days of the date of mailing of the notice by the Board.
(b) An appeal shall be in substantially similar form as set forth in Petition for Assessment Appeal (FORM 503(3)) (see subsection (20)(a) below) and shall contain the following:
(i) the names of the parties;
(ii) an identification of the property by address, lot and block number;
(iii) whether the property is residential or commercial; and
(iv) the name of the party that appealed to the Board of Property Assessment Appeals and Review.
Note: The Petitioner, in filing a Petition for Appeal from Disposition of the Board of Property Assessment Appeals and Review, is deemed to have raised all challenges to the assessment that the law permits.
(4) Notice. Service.
Petitioner shall give notice of the appeal by first class mail, postage prepaid, to all parties and the Board of Property Assessment Appeals and Review, within seven (7) days of the filing of the appeal, and shall file proof of service thereof.
(5) Action Required of Department of Court Records, Civil Division.
(a) Upon the docketing of any appeal from a Disposition of Appeal from Real Estate Assessment of the Board of Property Assessment Appeals and Review, the Department of Court Records, Civil Division, shall obtain the information contained in the Board of Property Assessment Appeals and Review's Disposition of Appeal from Real Estate Assessment.
(b) Upon obtaining the information contained in the Board of Property Assessment Appeals and Review's Disposition of Appeal from Real Estate Assessment, the Department of Court Records, Civil/Family Division, shall [place this information in the court file in hard copy form, and] make it available on the Department's publicly accessible website [in electronic form].
(6) Filing of Appeals.
The filing of an appeal by any party shall act as an appeal by all parties.
(7) Withdrawal of Appeals.
No appeal may be withdrawn without the consent of all other parties or leave of court. Any party who fails to appear at the conciliation without prior notice to the Board of Viewers shall be deemed to have consented to the withdrawal of the appeal.
(8) Motions.
All motions in real estate tax assessment appeals shall be presented to the Real Estate Tax Appeals Judge.
(9) Board of Viewers.
All tax assessment appeals from a Disposition of Appeal from Real Estate Assessment of the Board of Property Assessment Appeals and Review shall be assigned to a Board of Viewers appointed by the Administrative Judge of the Civil Division pursuant to 72 P.S. § 5020-518.1.
(10) Discovery.
(a) In all cases involving non-residential property, the taxing bodies may serve a copy of Tax Assessment Appeal Discovery Requests, (FORM 503(10)) (see subsection (20)(b) below) on the taxpayer. The taxpayer shall furnish the information sought in the Discovery Requests within forty-five (45) days after receipt thereof.
(b) No party may seek additional discovery through Interrogatories, Request for Production of Documents or otherwise until discovery has been sought through the Tax Assessment Appeal Discovery Requests. Parties seeking additional discovery or any discovery in cases involving residential property must petition the Real Estate Tax Appeal Judge for discovery, who may refer the petition to the Administrative Chair of the Board of Viewers for recommendation.
(c) Any discovery disputes, including without limitation any Motion(s) for Protective Order or Motion(s) to Compel, shall be presented upon proper notice to the Real Estate Tax Appeal Judge.
(d) Discovery shall conclude sixty-five (65) days prior to the date scheduled for conciliation.
(11) Conciliation.
(a) All appeals shall be conciliated prior to a hearing by the panel of the Board of Viewers assigned to hear the appeal.
(b) At the time of conciliation, all parties or their counsel shall be present with full authority to effectuate a settlement of the appeal.
Note: Parties and counsel are advised to pay particular attention to the notice of conciliation. In appropriate cases, the conciliation and hearing may be scheduled on the same day. In such instances, the parties must appear at the conciliation ready to move directly into a hearing if the conciliation does not result in settlement.
(c) If any party fails to comply with the provisions of this local rule, the Board of Viewers may include in their report a recommendation for the imposition of appropriate sanctions, including but not limited to, attorneys' fees and costs against the party or parties failing to comply.
(12) Pre-Trial Statement in Non-Residential Tax Assessment Appeal.
(a) Sixty (60) days prior to the date scheduled for conciliation of a non-residential tax assessment appeal, the petitioner shall electronically file a pre-trial statement pursuant to Local Rule 205.4 and distribute the same to all counsel of record, or if counsel have not entered an appearance on the party(ies), and to the panel of the Board of Viewers assigned to the case [a pre-trial statement]. The pre-trial statement shall incorporate the following information or documents:
(i) a description of the user of the real estate and the nature of the real estate;
(ii) a list of all persons who will give testimony in the trial of this appeal;
(iii) a list of all exhibits which the party intends to use at trial;
(iv) any report, including without limitation an expert report or appraisal, of any person or entity who has been retained, employed, or consulted by the parties, who will give testimony in the trial of this appeal.
Note: Former Local Rule 502 required only the owner of non-residential property to file a conciliation statement. Local Rule 503 has been redrafted to require, in an appeal of non-residential property, both the taxpayer and the taxing bodies to file pre-trial statements. In conjunction with the change from a ''conciliation'' statement to a ''pre-trial'' statement, new Local Rule 503 shifts the focus of the parties' anticipated evidence at trial and eliminates the need to list information that will not be part of the party's case at trial. Local Rule 503 also requires parties to include in the pre-trial statement any expert reports and/or appraisals. By its terms, this subsection (12) does not apply to residential tax assessment appeals.
(b) Twenty (20) days prior to the date scheduled for conciliation of a non-residential tax assessment appeal, the respondent(s) shall electronically file a pre-trial statement pursuant to Local Rule 205.4 and distribute the same to all counsel of record, or if counsel have not entered an appearance on the party(ies), and to the panel of the Board of Viewers assigned to the case a pre-trial statement. The pre-trial statement shall incorporate the following information or documents:
(i) a description of the use of the real estate and the nature of the real estate;
(ii) a list of all persons who will give testimony in the trial of this appeal;
(iii) a list of all exhibits which the party intends to use at trial;
(iv) any report, including without limitation an expert report or appraisal, of any person or entity who has been retained, employed, or consulted by the parties, who will give testimony in the trial of this appeal.
(c) All interested parties whose interests are aligned with the petitioner shall electronically file a pre-trial statement pursuant to Local Rule 205.4 and distribute [their Pre-Trial Statement] the same in accordance with subsection (12)(a) of this local rule. All interested parties whose interests are aligned with the respondent(s) shall [their Pre-Trial Statement] electronically file a pre-trial statement pursuant to Local Rule 205.4 and distribute the same in accordance with subsection (12)(b) of this local rule.
(d) The failure to comply with subsections (12)(a), (12)(b) and (12)(c) of this local rule shall result in appropriate relief, which may include the exclusion or limitation at trial of testimony or evidence which was not provided in the pre-trial statement or a recommendation for the imposition of attorneys' fees and costs against the party or parties failing to comply.
(13) Hearing.
(a) The Board of Viewers shall schedule a hearing and shall provide notice of the hearing to all parties and/or counsel of record. The notice shall be [sent by regular mail and] provided pursuant to Pa.R.Civ.P. 205.4(g) and Local Rule 205.4(g). The notice shall state that if any party fails to appear at the hearing it will proceed without them, or the appeal will be dismissed with prejudice.
Note: Parties and counsel are advised to pay particular attention to the notice of hearing. In appropriate cases, the conciliation and hearing may be scheduled on the same day. In such instances, the parties must appear at the conciliation ready to move directly into a hearing if the conciliation does not result in settlement.
(b) The hearing shall be recorded by a court reporter.
(c) The Board of Viewers, at its discretion, may continue the hearing.
(14) Report.
Following the hearing, the Board of Viewers shall file its written Special Masters Report and Recommendation with the Department of Court Records, Civil Division. This Special Masters Report along with a Notice in substantially similar form as set forth in Notice (FORM 503(14)) (see subsection 20(c) below), shall be [mailed] provided to all counsel or parties if not represented by counsel pursuant to Local Rule 205.4(g).
(15) Objections. Trial Transcript
(a) The parties may electronically file objections to the Special Masters Report and Recommendation within ten (10) days of receipt of the Special Masters Report and Recommendation and Notice. Objections must be accompanied by a certification of counsel, or a party ifunrepresented, that the trial transcript, or necessary portions of the transcript, have been ordered from the court reporter and paid for. Copies of the objections and certification shall be [filed with the Department of Court Records, Civil Division, and] served on all counsel of record or party(ies) if unrepresented, and the Board of Viewers.
(b) If no trial transcript is filed within ninety (90) days of the date the Objections were filed, the Administrative Chair of the Board of Viewers shall send the objecting party a letter, with copies to all counsel and parties not represented by counsel, stating that the transcript must be paid for and filed within thirty (30) days of the date of the letter, and that if no transcript is filed within that time period, then a court order will be issued overruling the objections with prejudice. (FORMS 503(15A) and 503(15B)) (see subsections 20(d) and 20(e) below).
Note: If, through no inaction on the part of the objecting party the court reporter is unable to meet the deadline set e-filing of the transcript in the letter from the Administrative Chair, the objecting party may ask for an extension of time from the Administrative Chair.
(16) Briefs on Objections
(a) Within twenty (20) days of the date on which the transcript is filed of record, the objecting party shall electronically file a Brief in Support of Objections and shall serve a copy on all counsel of record or if counsel have not entered their appearance on the party(ies), and the Board of Viewers. The Brief in Support of Objections shall refer to transcript page numbers where possible.
(b) If no brief is filed within twenty (20) days of the date the transcript is filed, the Administrative Chair of the Board of Viewer shall send the objecting party a letter, with copies to all counselor parties not represented by counsel, stating that if a brief is not filed within twenty (20) days of the date of the letter, then a court order will be entered overruling the objections with prejudice. (FORMS 503(16A) and 503(16B)) (see subsections (20)(f) and (20)(g) below).
Note: If a Brief in Support of Objections has been filed by a taxing body, other taxing bodies may rely on that brief, and in such event the Administrative Chair will not send a FORM 503(16A) letter to the other taxing bodies.
(17) Opposing Briefs
(a) Within twenty (20) days after the moving party has electronically filed its Brief in Support of Objections, responding parties shall file their Briefs in Opposition to Objections and serve a copy on all counsel of record or on the party(ies) if unrepresented, and the Board of Viewers.
(b) If no Brief in Opposition is filed and served within twenty (20) days, the Administrative Chair of the Board of Viewers shall send the opposing party(ies) a letter, with copies to all counsel and parties not represented by counsel, stating that if an opposing brief is not filed within twenty (20) days of the date of the letter, the decision will be made without reference to any brief that you may file thereafter. (FORM 503(17)) (see subsections (20)(h) below).
Note: If a Brief in Opposition has been filed by a taxing body, other taxing bodies may rely on that brief, and the Administrative Chair will not send a FORM 503(17) letter to the other taxing bodies.
(18) Decision
After the filing date set for Briefs in Opposition to Objections has passed, the objecting party shall notify the Board of Viewers that the matter is ripe for decision by electronically filing a Notice That Matter is Ripe for Decision (FORM 503(18)) (see subsection (20)(i)(below). The objecting party shall serve a copy of this Notice on all counsel of record or if counsel have not entered their appearance on the party(ies), and upon the Board of Viewers. Upon the filing of this Notice, the Court shall schedule oral argument or decide the objections on the briefs without oral argument.
(19) Final Order
In the event that none of the parties files Objections as described above, the Special Masters Report and Recommendation shall become the final Order of Court. The Administrative Judge of the Civil Division, or another judge assigned by the Administrative Judge, will enter an Order of Court to this effect.
(20) Forms
(a) Form 503(3). Petition for Assessment Appeal.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA,
CIVIL DIVISION
(Name) CIVIL DIVISION Petitioner BV No _________________ v. (Names or Names) COMMERCIAL/RESIDENTIAL
(Choose one)Respondents REAL ESTATE INVOLVED INTERESTED PARTIES (if applicable)
(Names)Petition for Appeal form Disposition of the Board of Property Assessment Appeals and Review
PETITION FOR APPEAL FROM DISPOSITION OF
THE BOARD OF PROPERTY ASSESSMENT APPEALS AND REVIEWThis Petition for Appeal from Disposition of the Board of Property Assessment Appeals and Review is filed pursuant to Local Rule 503(3) by (name):
1. The owner of this commercial/residential (choose one) real estate and/or taxable property is (name), and the address of this real estate is (address) (the ''Property''). The Property has been assigned lot and block number (fill in).
2. The County of Allegheny, the municipality (fill in) and the school district (fill in) are the taxing bodies interested in the taxable status of the Property.
3. The Office of Property Assessments made an assessment of the Property. (Name) appealed from this assessment to the Board of Property Assessment Appeals and Review (the ''Board'') asking that the assessment be reduced/raised (choose one). The Board is authorized pursuant to the Administrative Code of Allegheny County to hear all appeals from assessments made by the Office of Property Assessments.
4. Following a hearing, a Disposition of Appeal from Real Estate Assessment was mailed by the Board. The information contained in the Board's Disposition of Appeal from Real Estate Assessment shall be [placed in the court records, both in paper and] kept in electronic form, by the Department of Court Records, Civil Division.
5. Petitioner is filing this appeal to the Common Pleas Court of Allegheny County.
WHEREFORE, Petitioner requests this Honorable Court to set the assessment to such amount as may be right and proper.
Date: _________________
_________________
(Signature)NOTE: Under Pennsylvania law the Court of Common Pleas of Allegheny County can increase or decrease the assessment, no matter who appealed.
(b) FORM 503(10). Tax Assessment Appeal Discovery Requests.
[CASE CAPTION, INCLUDING DOCKET NUMBER] AND NOW, comes (name) and serves the within Tax Assessment Appeal Discovery Requests upon (name). Pursuant to Local Rule 503(10), all applicable responses to these Requests must be furnished within forty-five (45) days after the receipt of these Requests.
REQUESTS FOR DOCUMENTS Please produce a copy of the following:
1. Any and all surveys (land, structural, environmental, etc.), building plans and site plans showing design construction and location of the subject property.
2. Any and all mortgages, promissory notes, deeds, and agreements of sale made or assumed on the subject property within the last three years and the corresponding closing statements.
3. Any and all appraisals or evaluations on the subject property which have been made during the last three years.
4. Any and all loan applications of any kind involving or relating to the subject property which have been signed or submitted within the past three years.
5. Any and all leases, land leases, agreements, licenses, occupancy schedules, rent schedules (or rolls) relating to the subject property for the last three years.
6. Any and all written listing agreements, offers to purchase or offers to sell the subject property made within the last three years.
7. Any and all soil tests or mineral evaluations, permit requests, permits, requests relative to zoning variance, or similar applications or requests to any governmental body within the past three years concerning the subject property and the result of any such applications or requests.
8. Any and all federal and state Income Tax Returns and audited financial statements with respect to the subject property within the last three years.
9. Any and all corporate or partnership prospectus or private placement memorandum that contain any reference to the value of the subject property within the last three years.
10. Any and all insurance policies and/or binders covering the subject property, its building contents, buildings or any business located thereon from the last three years.
11. Any and all documents which describe in whole or in part any physical improvements to the subject property (whether by the owner or by a tenant) within the last three years.
12. Any and all documents listing or describing capital improvement(s) made to the subject property over the past three years including the costs of the capital improvements and the completion date(s).
13. Any and all documents relating to leasing commissions paid with respect to the subject property over the last three years including the corresponding tenant space, the commission paid, and the date.
INTERROGATORIES Please provide the following information:
1. The name, address and telephone number of the person to contact regarding conducting an inspection of the subject property.
Date: _________________
_________________
(Signature)(c) FORM 503(14). NOTICE.
NOTICE Pursuant to the provisions of 72 P.S. § 5020-518.1(c) and Local Rule 503(9), attached is the Report of the Special Master.
Any party objecting to the Report shall [file] electronically file Objections at the Secondary Desk of the Department of Court Records, Civil Division, on the First Floor of the City-County Building, 414 Grant Street, Pittsburgh, PA 15219, with ten (10) days of the receipt of this Notice. Objections must be accompanied by a certification of counselor of the objecting party, if unrepresented, that the trial transcript, or necessary portions of the transcript, have been ordered from the Court Reporter's Office (Room 415, County Office Building, 412-350-5414) and paid for by the objecting party. Copies of the Objections and certification shall be served on the Administrative Chair of the Board of Viewers (Room 811, City-County Building) and on all counsel of record or the parties, if unrepresented.
In the event that none of the parties files Objections, the Report and Recommendation of the Special Master will be adopted as the final Order of Court.
Date: _________________
___________________________
ADMINSTRATIVE CHAIR
BOARD OF VIERWERS(d) Form 503(15A). Letter.
Re: [case name and docket number]
Dear [Objecting Party],
It has been ninety (90) days since you filed your Objections to the master's Report in the subject case and no trial transcript has been filed with the Department of Court Records, Civil Division. You must contact the court reporter and the transcript must be paid for and filed within thirty (30) days of the date of this letter. See Local Rule 503(15).
If the transcript has not been paid for and filed within thirty (30) days of the date of this letter, A COURT ORDER PURSUANT TO LOCAL RULE 503(15)(b) WILL BE ISSUED OVERRULING THE OBJECTIONS WITH PREJUDICE.
Very truly yours,
Administrative Chair, Board of Viewers(e) Form 503(15B). Court Order.
[CAPTION INCLUDING DOCKET NUMBER]
ORDER OF COURT On this day of _____ , 20 __ , it appearing that ninety (90) days after the Objections in this case were filed, a letter dated ______ was mailed by the Board of Viewers' Administrative Chair to the objecting party; this letter stated that within thirty (30) days from the date of the letter, the trial transcript must be paid for and filed; thirty (30) days have passed since the date of the letter; and the transcript has not been filed.
IT IS ORDERED THAT, pursuant to Local Rule 503(15)(b) the objections in this case are overruled with prejudice.
BY THE COURT:
__________(f) Form 503(16A). Letter.
Re: [case name and docket number]
Dear [Objecting Party],
It has been twenty (20) days since the transcript in the referenced case was filed with the Department of Court Records, Civil Division. Pursuant to Local Rule 503(16)(a), your brief is now overdue. If it is not filed and served within twenty (20) days of the date of this letter, A COURT ORDER PURSUANT TO LOCAL RULE 503(16)(b) WILL BE ISSUED OVERRULING YOUR OBJECTIONS WITH PREJUDICE.
Very truly yours,
Administrative Chair, Board of Viewers(g) Form 503(16B). Court Order.
[CAPTION INCLUDING DOCKET NUMBER]
ORDER OF COURT On this day of ____ , 20 ____ , it appearing that twenty (20) days after the transcript in this case was filed, a letter dated ______ was mailed by the Board of Viewers' Administrative Chair to the objecting party; this letter stated that if a brief is not filed by the objecting party and served within twenty (20) days of the date of the letter, a court order will be issued overruling the objections with prejudice; twenty (20) days have passed since the date of the letter; and the objecting party has not filed a brief,
IT IS ORDERED THAT, pursuant to Local Rule 503(16)(b) the objections in this case are overruled with prejudice.
BY THE COURT:
__________(h) Form 503(17). Letter.
Re: [case name and docket number]
Dear [Opposing Party]:
It has been twenty (20) days since the Objecting Party filed a Brief in Support of Objections and no brief in opposition has been filed by you. If no Brief in Opposition is filed and served within (20) days of the date of this letter, the decision will be made without reference to any brief that you may file thereafter.
(i) Form 503(18). Notice That Matter Is Ripe for Decision.
[CASE CAPTION, INCLUDING DOCKET NUMBER]
NOTICE THAT MATTER IS RIPE FOR DECISION AND NOW, comes (name) and notifies this Honorable Court pursuant to Local Rule 503(18) that this matter is ripe for decision and requests that this Honorable Court schedule oral argument or decide the objections on the briefs at its convenience.
A Brief in Opposition to the Objections _____ has _____ has not (please check appropriate line) been filed.
Date: _________________
_________________
(Signature)
Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended June 5, 2008, effective July 28, 2008.
Local Rule 504. Appeals From Real Estate Tax Exemption.
The following provisions shall govern tax exemption appeals from decisions of the Board of Property Assessment Appeals and Review:
Note: Under the former Local Rule 502, there was some confusion regarding whether Local Rule 502 applied both to tax assessment appeals and to tax exemption appeals from the Board of Property Assessment Appeals and Review. Local Rule 504 has been added to specifically address procedures governing tax exemption appeals. For procedure governing tax assessment appeals, see Local Rule 503.
(1) Parties.
(a) The following parties must be listed in the caption of the appeal:
(i) owner(s) of the real estate and/or taxable property;
(ii) the municipality in which the property is located;
(iii) the school district in which the property is located; and
(iv) the County of Allegheny.
(b) Any entity other than those set forth in subsection (1)(a) of this local rule must file a Petition to Intervene with the Real Estate Tax Appeal Judge in accordance with the Pennsylvania Rules of Civil Procedure to become a party.
(2) Caption.
(a) The party filing the appeal shall be designated as the appellant. All other parties shall be designated as appellees or interested parties.
(b) The caption and cover sheet shall clearly state that it is a tax exemption appeal.
(3) Time For and Content of Appeals.
(a) An appeal from the decision of the Board of Property Assessment Appeals and Review must be verified pursuant to Pa.R.Civ.P. 206.3 and filed as a [General Docket] Board of Viewers case and given the BV designation with the Department of Court Records within thirty (30) days of the date of mailing of the notice by the Board.
(b) An appeal shall contain the following:
(i) names of the parties;
(ii) identification of the property by address, deed book volume and page, and lot and block numbers;
(iii) a concise statement of the reasons for the appeal; and
(iv) a copy of the decision of the Board of Property Assessment Appeals and Review.
(c) No Order of Court is required to file a timely appeal.
(4) Notice.
Appellant shall give notice of the appeal by first class mail, postage prepaid, to all parties and the Board of Property Assessment Appeals and Review, within seven days of the filing of the appeal and shall electronically file proof of service thereof.
(5) Filing of Appeals.
The filing of an appeal by any party shall act as an appeal by all parties.
(6) Withdrawal of Appeals.
No appeal may be withdrawn without the consent of all other parties or leave of court.
(7) In all other respects, tax exemption appeals from decisions of the Board of Property Assessment Appeals and Review shall be governed by the Pennsylvania Rules of Civil Procedure and the Allegheny County Local Rules governing civil actions assigned to an individual judge.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 505. Change of Name of a Natural Person.
(1) All proceedings for a change of name pursuant to 54 Pa.C.S. §§ 701—705 shall be brought in the Civil Division, except where an adoption proceeding is commenced in the Orphans' Court Division, in which case the Orphans' Court Division shall adjudicate any change of name ancillary to that proceeding. In cases where an adoption has been concluded in any other court and the only judicial relief sought in Allegheny County is a change of name, the Petition shall be filed in the Civil Division.
Note: See 23 Pa.C.S. § 2904. See also Supreme Court Orphans' Court Rule 15.5(e) where the adopted person has attained majority.
(2) All Petitions (FORM 505A) (see subsection (3)(a) below) shall be filed on the General Docket (GD).
Note: While Local Rule 205.4 does not mandate that Petitions for Name Change be filed electronically, it is permissive to do so. However, the Petition will not proceed unless the Petitioner provides the documents listed in Subsection (3)(b) below to the Department of Court Records.
(3) Requirements for Filing a Petition.
(a) The Petition shall contain two proposed Orders designated as follows:
(i) Either
(A) Order Scheduling Hearing on Name Change (used if Petition is brought by a person(s) of full legal age) (FORM 505B(i)) (see subsection (3)(b)(i) below), or
(B) Order Scheduling Hearing of Name Change (used if Petition is brought on behalf of a minor) (FORM 505B(ii)) (see subsection (3)(b)(ii) below); and
(ii) Decree for Change of Name (FORM 505C) (see subsection (3)(c) below).
(b) The following is required by the Department of Court Records:
(i) Petition and one (1) extra copy.
(A) If Petitioner's safety would be in jeopardy by reason of the publication of the name change, Petitioner may:
(1) Describe why, under paragraph 6, publication would present a risk; or
(2) Seek to waive publication and/or have the record sealed by presenting a Motion, Affidavit, and Proposed Order to the Special Name Change Judge prior to filing the Petition with the Department of Court Records.
(ii) A completed fingerprint card (if applicable—children 12 or under are not required to have fingerprints taken) (obtained from either a state or local police department). ''Name Change'' should be written in red across the top of the completed card.
(iii) A stamped 8-1/2" x 11" envelope addressed to:
PA State Police
Central Repository
1800 Elmerton Avenue
Harrisburg, PA 17110(iv) A stamped letter size envelope addressed to:
Department of Court Records of Allegheny County
First Floor City-County Building
414 Grant Street
Pittsburgh, PA 15219
ATTENTION: Second Deputy(v) A stamped letter size envelope to the attorney for the filing party, or the pro se party.
(vi) The filing fee applicable to a Petition for a name change.
Note: A current listing of the fees charged by the Department of Court Records can be found on the Department of Court Records web site: https://dcr.alleghenycounty.us [(no www and no .com)].
(c) After Petitioner has been notified that the fingerprinting process has been completed, the petitioner shall take one of the following actions to obtain a hearing date:
(i) submit the petition by email to the [Civilgenmotions@alleghenycourts.us] civilnamechanges@ alleghenycourts.us email address with a request that the Court issue an Order scheduling the hearing date[:]. Upon receipt of the scheduling order, the Petitioner shall proceed with advertising the Petition in the Pittsburgh Legal Journal, the official paper for the publication of legal notices for Allegheny County as well as one other newspaper of general circulation; or
[(ii.) take the original or a copy of the Petition filed with the Department of Court Records, and the Department of Court Record's file to the Chief Motions Clerk, located in Courtroom 703, City-County Building; or
(iii.)] ii. if the record has been sealed or publication waived, the Petitioner may [take the file to the] email the Special Name Change Judge's chambers [instead of the Chief Motions Clerk] to obtain a hearing date.
[(d.) Scheduling a hearing:
(ii) If the Petition is submitted by email to Civilgenmotions@alleghenycourts.us, the General Motions Judge will issue a scheduling Order, and the Chief Motions Clerk shall file the scheduling Order with the Department of Court Records and return the Scheduling Order by email to the Petitioner;
(iii) If the Petition is taken to the Chief Motions Clerk, the General Motions Judge shall schedule the time and date for a hearing; or
If the Petition is taken to the Special Name Change Judge's chambers, the Special Name Change Judge will set the time and date for a hearing.
(e.) Upon receipt of the scheduling Order the Petitioner shall proceed with advertising the Petition in two (2) papers of general circulation; one of the publications shall be the Pittsburgh Legal Journal, the official paper for the publication of legal notices for Allegheny County.
f.] d. Where the Petitioner has a prior conviction of a felony but is not barred by 54 Pa.C.S.§ 702(c) from obtaining a judicial change of name, the Petitioner shall provide the Court with an envelope affixed with sufficient postage and pre-addressed to the following so that copies of the Order Scheduling Hearing on Name Change may be sent:
(iv) The District Attorney of Allegheny County
Allegheny County Courthouse
436 Grant Street
Pittsburgh, PA 15219(v) To any other District Attorney of any county in which Petitioner was convicted of a felony.
(vi) Office of the Attorney General
Commonwealth of Pennsylvania
1600 Strawberry Square
Harrisburg, PA 17120[(g.)] e. In those cases where the Petitioner is seeking to change the name of a minor and a parent files an objection to the Petition or appears to oppose the Petition, the case shall immediately be transferred to the Family Division using FORM 505D (see subsection (3)(d) below) for all further proceedings with respect to the minor's Petition.
Editor's Note: Amended November 29, 2021, effective January 11, 2022.
Eminent Domain Local Rule 603. Preliminary Objections.
Preliminary objections to a declaration of taking or to a petition for the appointment of viewers shall not be subject to any other local rules and shall be governed by the following procedures:
(1) No brief shall be required upon the filing of the preliminary objections.
(2) The filing of preliminary objections shall stay all other proceedings as to only the parcel or parcels that are the subject of the preliminary objections.
(3) Preliminary objections shall be electronically filed with the Department of Court Records [upon which the Department of Court Records shall stamp the date and time on which the preliminary objections were filed] pursuant to Local Rule 205.4. The party filing the preliminary objections [immediately] shall [take the stamped preliminary objections and the Department of Court Records 's file to the Administrative Judge] email the Preliminary Objections to the chambers of the Eminent Domain Judge, or any such Judge the Administrative Judge may designate, for scheduling.
[4. Upon receiving the stamped preliminary objections and the Department of Court Records file for the captioned matter, the Administrative Judge shall either hear the preliminary objections or designate another judge to hear the preliminary objections.
5.] 4. The presiding judge [assigned to hear the preliminary objections] shall schedule a status conference, which shall take place as soon as practicable after the date stamped on the preliminary objections. At the status conference, the judge shall determine whether the parties shall submit evidence in support of or in opposition to the preliminary objections by deposition, by hearing, or by a combination thereof, and shall schedule a date and time for the submission of all evidence and for the submission of briefs. The judge may consider such other issues as are raised by the parties.
[6.] 5. Unless mutually extended by the parties or otherwise ordered by the presiding judge for good cause shown, all discovery relating to the preliminary objections, including all depositions, must be completed no later than sixty (60) days after the date stamped on the preliminary objections.
[7.] 6. Pursuant to Section 1-406 of the Eminent Domain Code, the parties must present in one pleading, and the Court shall consider, all preliminary objections at one time.
[8.] 7. A party, either by filed consent of all parties or by leave of court for good cause shown, may amend that party's preliminary objections.
[9.] 8. After the submission of evidence, the presiding judge shall promptly decide all preliminary objections.
[10.] 9. The parties shall not file post-trial motions. The order of court ruling upon the preliminary objections is the final order from which an appeal may be taken.
Note: This rule recognizes Pa.R.A.P. 311(e), which provides for an appeal as of right following a court order ruling upon preliminary objections in eminent domain cases.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 604. Petitions for the Appointment of Viewers. Notices of Special Damages. Claims Before Board of Viewers.
(1) Each petition for the appointment of viewers, whether filed by a condemnee or by the condemnor and whether including one or more than one property, shall be assigned a new docket number.
(2) Where a declaration of taking has been filed, a petition for the appointment of viewers shall include in the caption as a ''Sur No.'' a reference to the docket number at which the declaration of taking was filed, as follows:
No. _________________ 20
Sur No. ______ 20
(3) A petition for the appointment of viewers shall include all information required to be set forth by Section 1-502 of the Eminent Domain Code.
(4) A condemnee who desires to claim special damages shall set forth the type of special damages sought either in the petition for appointment of viewers or in a written notice to be served upon all other parties and the Board of Viewers at least forty days before the hearing date.
(a) If any petitioner is seeking the determination of any damages or benefits payable under Article VIA of the Eminent Code, the petition for appointment of viewers must clearly set forth which of those damages or benefits are to be litigated before the Viewers. If the petitioner fails to comply with the terms of this paragraph, any damages or benefits payable under Article VIA of the Eminent Domain Code shall not be litigated before the Viewers.
(b) Documents in support of or in opposition to damages or benefits payable under Article VIA of the Eminent Domain Code which properly have been designated under subsection (1) of this local rule as issues to be litigated before the Viewers shall be admitted into evidence at the Viewers' Hearing without the necessity of calling a witness to authenticate the document or to testify about the document's contents, provided that at least twenty (20) days' notice of the intention to offer such documents was given to every other party accompanied by a copy of each document to be offered.
(5) Before presentation of a petition for the appointment of viewers to the Administrative Judge, or such other Judge as the Administrative Judge may designate, the petitioner shall [file] serve a copy of the petition [with] on the Chief Clerk of the Board of Viewers. The Chief Clerk shall thereupon designate the particular members of the Board of Viewers to serve in the case by completing Appointment of Viewers (FORM 604) (see subsection (8) below).
(6) A copy of any petition filed by a condemnee shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to the adverse party or parties as required by Section 1-502(f) of the Eminent Domain Code and to all other condemnees known to the condemnee filing the petition to have an interest in the property.
(7) A copy of any petition filed by a condemnor shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to all condemnees known to the condemnor to have an interest in the property.
Local Rule 608. Discovery Prior to Hearing Before Board of Viewers.
(1) All discovery disputes shall be presented upon proper notice to the [Administrative Judge] Eminent Domain Judge, or to such other Judge as the Administrative Judge may designate to preside over the case.
(2) Discovery shall close ten (10) days prior to the Hearing unless otherwise mutually agreed by the parties or ordered by the Court.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 610. Findings of Fact and Conclusions of Law.
(1) A party may request the Viewers to specifically include in their report specific findings of fact. A party must orally make this request known to the Viewers and to opposing parties no later than the conclusion of the Hearing and shall electronically file and serve written proposed findings of fact within ten days of the conclusion of the Hearing.
(2) The Viewers shall include in their report a written adoption or rejection of any requests for specific findings of fact made in accordance with subsection (1) of this Rule.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 612. Exceptions Before Viewers in Municipal Improvement Assessment Proceedings.
In municipal improvement assessment proceedings, exceptions to the schedule of proposed awards and assessments shall be electronically filed [in writing with] pursuant to Local Rule 205.4 with the Department of Court Records and served upon the Chief Clerk of the Board of Viewers within ten (10) days following the exhibition of the schedule. Exceptions shall be heard on the date set forth in the schedule and shall be decided by the Viewers.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 613. Appeals to Court of Common Pleas.
(1) A party may appeal the Viewers' report to the Court of Common Pleas.
(2) An appeal shall set forth the information required by Section 1-516 of the Eminent Domain Code.
(3) No answer need be filed to an appeal.
(4) Appeals shall automatically be placed at issue upon filing.
(5) Appeals, except in municipal improvement assessment proceedings, shall be filed at the same docket number as the hearing before the Viewers and shall include in the caption as a ''Sur No.'' a reference to the docket number at which the declaration of taking, if any, was filed in the manner set forth in Local Rule 604(2).
(6) Appeals in municipal improvement assessment proceedings shall be assigned new docket numbers. Reference to the docket number of the Viewers' Hearing shall be set forth in a separately numbered paragraph of such appeals.
(7) The caption of an appeal shall identify the condemnee or the property owner as plaintiff and the condemnor or municipality as defendant.
(8) The appealing party shall serve a copy of the appeal on all other parties and upon the Board of Viewers within five (5) days after filing. The appellant shall file proof of service of a copy of the appeal upon all parties.
(9) An appeal raising objections other than or in addition to the amount of damages shall state in the caption under the designation of the docket number the following phrase in capital letters: INVOLVES OBJECTIONS OTHER THAN OR IN ADDITION TO AMOUNT OF AWARD.
(10) A party filing an appeal raising an objection other than or in addition to the amount of damages, shall obtain [at the time of filing from the Administrative Judge's Clerk] from the Eminent Domain Judge, or [the Clerk of] from any such Judge as the Administrative Judge may designate a date for argument of the legal questions raised by the appeal. The legal argument shall be heard by the [Administrative Judge] Eminent Domain Judge or such other Judge as the Administrative Judge may designate. The appealing party shall promptly serve notice of the date obtained upon all other parties.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
Local Rule 615. Pre-Trial Statements On Appeal Before Court of Common Pleas.
(1) Thirty (30) days prior to first day of the applicable trial term, the condemnor(s) and condemnee(s) shall electronically file a pre-trial statement pursuant to Local Rule 205.4 and serve the opposing party or parties [with a pre-trial statement,] which contains the following:
(a) A list of the names and addresses of all persons who may be called as witnesses, classifying them as liability or damage witnesses. Witnesses may be described by title or representative capacity.
(b) A list of all exhibits which the party intends to use at trial.
(c) The written report of any expert (on value or otherwise) who may be offered as a witness at trial.
Note: Expert reports may include, without limitation, appraisals, machinery, environmental and engineering reports.
(2) The exhibits listed pursuant to subsection (1) of this local rule, or copies thereof, shall be made available to the opposing party or parties.
(3) In the event of non-compliance with subdivisions (1) or (2), the trial judge may, in his or her discretion, grant appropriate relief, which may include:
(a) the preclusion or limitation of the testimony of
(i) any witness whose identity is not disclosed in the Pre-Trial Statement, or
(ii) any expert witness whose opinion have not been set forth in the report submitted with the Pre-Trial Statement or otherwise summarized in the Pre-Trial Statement as provided by subsection (1)(c) of this local rule, and
(b) the preclusion of exhibits not listed in the Pre-Trial Statement and made available.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006.
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