THE COURTS
Title 252—ALLEGHENY COUNTY RULES
ALLEGHENY COUNTY
Amended Local Rules of the Civil and Family Divisions of the Court of Common Pleas; Civil Division AD-14#346-PJ
[44 Pa.B. 7646]
[Saturday, December 13, 2014]
Amended Order of Court And Now, to-wit, this 20th day of November, 2014, it is hereby, Ordered, Adjudged and Decreed that the Court of Common Pleas of Allegheny County, Pennsylvania, adopted the following Amended Local Rules of the Civil and Family Divisions by unanimous proxy vote of the Board of Judges on October 9, 2014.
The following Rules included therein shall become effective 30 days after publication in the Pennsylvania Bulletin:
Local Rule 1 Structure of the Court of Common Pleas of Allegheny County.
Local Rule 3 Money Deposited in Court.
Local Rule 105 Bonds.
Local Rule 205.2(a) Requirements Governing the Physical Characteristics of Pleadings, Petitions, Motions, and Other Legal Papers. Cover Sheets.
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.
Local Rule 214 Issue Docket, Trial Lists and Trials.
Local Rule 227.1 Post-Trial Motions. Filing of Appeals. Request for Transcript, Certification and Waiver Forms.
Local Rule 234.1 Subpoena.
Local Rule 240 In Forma Pauperis.
Local Rule 252 Rule Authorizing and Providing for the Use of Videotape Records.
Local Rule 253 Taxation of Costs.
Local Rule 301 Formal Requirements.
Local Rule 302 Contents of Petition.
Local Rule 303 Procedure.
Local Rule 503 Appeals from Real Estate Tax Assessment.
Local Rule 504 Appeals from Real Estate Tax Exemption.
Local Rule 505 Change of Name of a Natural Person.
Local Rule 601 Definitions.
Local Rule 603 Preliminary Objections.
Local Rule 1018.1 Notice to Defend Form.
Local Rule 1042.26(b) Medical Professional Liability Actions. Expert Reports.
Local Rule 1303 Arbitration Hearing. Notice.
Local Rule 1303(a)(2) Failure to Appear for Hearing.
Local Rule 1308 Appeal. Arbitrators' Compensation. Notice.
Local Rule 1320 Small Claims Procedure.
Local Rule 1331 Consumer Credit Transaction.
Local Rule 2039 Compromise, Settlement, Discontinuance and Distribution.
Local Rule 2064 Compromise, Settlement, Discontinuance and Distribution.
Local Rule 3121 Stay of Execution. Setting Aside Execution.
Local Rule 3129.2 Notice of Sale. Real Property.
Local Rule 3146 Judgment Against Garnishee Upon Default or Admission in Answer to Interrogatories.
Local Rule 3190 Judgment. Execution.
Local Rule 3252 Writ of Execution. Money Judgments.
Local Rule 4002.1 Filing Discovery Material. Requests for Expert Reports in Professional Negligence and Product Liability Actions.
Also included therein are the following Rules which shall become effective upon publication on the Pennsylvania Judiciary's Web Application Portal.
Local Rule 205.2(b) Cover Sheet.
Local Rule 206.4(c) Procedures for the Disposition of Petitions.
Local Rule 208.3(a) Procedures for the Disposition of Motions.
Local Rule 1028(c) Procedures for the Disposition of Preliminary Objections.
Local Rule 1034(a) Procedures for the Disposition of a Motion for Judgment on the Pleadings.
By the Court
JEFFREY A. MANNING,
President JudgeLocal Rule 1. Structure of the Court of Common Pleas of Allegheny County.
(1) The Court of Common Pleas of Allegheny County (Fifth Judicial District) consists of the following divisions:
(a) Civil Division: which includes General Docket (''GD''), Arbitration (''AR''), Landlord-Tenant (''LT''), Property Assessment Appeals to the Board of Viewers (''BV''), Mortgage Foreclosure (''MG'') and Statutory Appeal (''SA'') cases.
(b) Family Division, which includes the Adult and Juvenile Court sections;
(c) Orphans' Court Division; and
(d) Criminal Division.
(2) Each Division of the Court is managed by an Administrative Judge, who is appointed by the Supreme Court of Pennsylvania.
(3) The Office of the Clerk of the Court of Common Pleas (as defined at 42 Pa.C.S. § 2701 et seq.) is the Department of Court Records, which has three divisions: (a) the Civil/Family Division; (b) the Wills/Orphans' Court Division; and (c) the Criminal Division. Documents filed with the court shall be filed in the appropriate division of the Department of Court Records.
Local Rule 3. Money Deposited in Court.
(2) Except as hereinafter provided, all money deposited with the Department of Court Records shall be deposited by the Department of Court Records in an institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. All deposits with the Department of Court Records in excess of Five Thousand Dollars shall be deposited by the Department of Court Records in interest-bearing accounts, or may be invested in United States Government obligations or United States Government guaranteed obligations.
(5) The Department of Court Records shall charge for the benefit of the county a commission equal to one-half of one percent on all deposits of less than One Thousand Dollars and one-fourth of one percent on all deposits and interest accrued on deposits of One Thousand Dollars or more.
(6) The Department of Court Records shall maintain a record of all moneys deposited, and paid out, setting forth the names of the parties from whom the money was received and to whom the money was paid, and the commissions charged pursuant to subdivision (5) of this rule.
Local Rule 105. Bonds.
(3) Bonds—Prohibited Sureties.
No attorney, sheriff, Department of Court Records, their deputies or Court personnel shall be admitted as surety in any action.
Local Rule 205.2(a). Requirements Governing the Physical Characteristics of Pleadings, Petitions, Motions, and Other Legal Papers. Cover Sheets.
(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.
(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.
Local Rule 205.2(b). Cover Sheet.
(c) The cover sheet on the document commencing the action (Praecipe or Complaint), shall have a margin at the top of three (3) inches, for the Department of Court Records' stamp.
(ix) The completed statement: ''Counsel of Record: ______ (attorney's name and Pennsylvania Identification Number, firm name, firm number per the list in the Allegheny County Department of Court Records, address and telephone number)''; and
(3) FORM 205.2(b) Cover Sheet
IN THE COURT OF COMMON PLEAS OF
ALLEGHENY COUNTY, PENNSYLVANIALocal Rule 206.4(c). Procedures for the Disposition of Petitions.
(2) General Docket Cases—Opening a Default Judgment
(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.
(4) Arbitration Cases—Opening Default Judgments and Judgments of Non Pros.
(a) The original and a copy of the petition to open a default judgment or a judgment of non pros shall be taken to an Arbitration Department Clerk, Courtroom Two, Seventh Floor, City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania 15219. The clerk will place on the original and the copy of the petition a date and time (usually on a Friday at 10:00 A.M.) for an argument before the Special Motions Judge. The clerk will file the original 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.
Local Rule 208.3(a). Procedures for the Disposition of Motions.
(3) Calendar Control Judge
(a) Motions in any case that has been listed for trial 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 Motions Judge or the Special 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.
(6) Arbitration Cases
(a)
(iii) Requests for the continuance of an arbitration case will be presented to the Calendar Control Judge. The party seeking a continuance will present to the Calendar Control Judge an Adjournment of Hearing Form which may be obtained from an Arbitration Clerk in the Arbitration Assembly Room, Courtroom Two, Seventh Floor, City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania 15219.
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.
(3) Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.
Notices required by Pa.R.C.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.
Local Rule 214. Issue Docket, Trial Lists and Trials.
(1) Issue Docket—General Docket (''GD'') Cases.
(a) After the expiration of sixty 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 4003.5. 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 ISSUEThe 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. This is/is not [circle one] an action involving claims in equity, quiet title, quo warranto and/or mandamus, which requires assignment to an individual judge after the case is placed at issue. If this a civil action that raises only claims for equitable relief, see Local Rule 1001 and FORM 1001.
Respectfully submitted,
Dated: ______ By: _________________
[Identification of pro se party or counsel]
[Address and telephone number of pro se party or counsel](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 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 section 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). Additionally, published trial lists are also available on the Civil Division's website at: www.alleghenycourts.us.
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 filed in the Office of the Department of Court Records 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 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.
(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.C.P. 106 regarding computation of time and Local Rule 252 regarding videotape records.
(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 (see subsection (d)(i) below) (which is available at the office of the Manager of Court Reporters).
(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)(ii) 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
(i) FORM 227.1A Request for Transcript, Certification and Waiver:
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
_________________ Civil Division _________________ Case No.: _________________ Request for Transcript, Certification and Waiver _________________ Plaintiff
Nature of Proceeding: _________________ v.
Date: _________________ _________________ Court Reporter: _________________ _________________ Judge: _________________ _________________ Order Waive _________________ Complete Proceeding _____ _____ Defendant
Plaintiff's Case _____ _____ Defendant's Case _____ _____ Charge _____ _____ Requested by: Closing Argument _____ _____ _________________ ___________________________ _________________ _________________ ___________________________ Telephone: _________________ ___________________________ Signature of Judge if less than entire transcript is ordered
Pa.R.A.P. 1922(b)Copies: Judge/Department of Court Records/Manager of Court Reporters/Attorney/Other
DEPOSIT RECEIVED _________________
CASH ______ CHECK # _________________ AMOUNT _________________
(ii) 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
Note: See Local Rule 252 regarding videotape records.
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) The original subpoena shall be filed in the Department of Court Records's office with return of service.
(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.
Local Rule 240. In Forma Pauperis.
(1) A party seeking in forma pauperis status shall apply to the Court for such status. The application shall include as an attachment the party's affidavit demonstrating inability to pay the costs of litigation.
Note: See affidavit form in Pa.R.C.P. 240. Application forms for pro se litigants are available in the office of the Department of Court Records.
Note: For presentation to the Court, see Local Rule 208.3(a)(4).
Note: For indigent divorce cases, see Local Rule at 1920.62.
(2) Counsel employed by or affiliated with Neighborhood Legal Services are authorized to file a praecipe for in forma pauperis status.
(3) The Department of Court Records shall accept for filing by a party, a praecipe as provided by Pa.R.C.P. 240, or an application under this rule, without charge to the party.
Local Rule 252. Rule Authorizing and Providing for the Use of Videotape Records.
(1) Use by Court.
(a) Authorization: The Judges of the Court of Common Pleas shall be authorized to use a Videotape Recording System to provide for the preservation of the official proceedings.
(b) Responsibilities: Any Judge using a Videotape Recording System shall designate operational and functional responsibilities of the system to members of that Judge's staff. Policies and procedures for using the system shall be developed and adopted by the Court and shall provide for the integrity of the videotape record.
(c) Parties: Parties taking part in proceedings where a Videotape Recording System is being used shall adhere to the policies and procedures authorized in section (1)(b) of this local rule and adopted by the Court.
(2) Videotape Records.
(a) Scope: The provisions of this local rule shall apply to any proceedings presided over by a Court of Common Pleas Judge in which the official record is the videotape of the proceedings. The official videotape shall be produced, retained and distributed pursuant to the following sections:
(i) Videotape Recordings: Two videotape recordings shall be made of each Court proceedings unless otherwise directed by the Court. The records shall be made simultaneously, and the videotapes resulting from the records shall serve as the official record of the Court proceedings. These tapes shall be labeled and hereinafter referred to as the ''A'' and ''B'' recordings.
(ii) Custody of Videotapes: Both the ''A'' and ''B'' recordings shall be deemed the property of the Court and shall be retained in accordance with adopted storage guidelines. The ''A'' recording shall be filed with the Department of Court Records of the Court of Common Pleas and maintained as the official record. The ''B'' recording shall be retained by Court staff designated with such responsibility and shall be used in the production of transcripts as set forth in ''Transcription of the Videotape Record'' section below.
(iii) Identification: For identification purposes, personnel assigned videotape responsibilities within the courtroom shall designate on each of the two videotape recordings the Judicial District, Judge's name, the case file number and caption, the date of the recording, a number that uniquely identifies the recording and either the letter ''A'' if the videotape is recorded from the first video recording deck or the letter ''B'' if recorded from the second video deck.
In the event several short matters related to different cases are recorded on one videotape, Court personnel may modify this requirement according to procedures developed in consultation with the Department of Court Records. A label designed and printed by the Administrative Office of the Allegheny County Courts for use with videotapes shall be used for tape identification purposes.
The tape recorded in the ''A'' recording deck shall be the tape on file with the Department of Court Records. The tape recorded in the ''B'' recording deck shall be maintained by the Court.
(iv) Additional Original Recordings: Two additional videotapes, designated ''C'' and ''D,'' shall be made at the time the official recordings of all evidentiary proceedings are made, labeled as copies and certified by the operator to be true and complete copies of the official record. These tapes shall be available for purchase by parties to the case. Requesting parties shall be charged a fee to be established by Court policy for each tape purchased, except in cases where the requesting party has been declared indigent. All payments for certified copies of videotaped records must be made prior to obtaining the videotapes.
If the ''C'' and ''D'' tapes have not been requested within thirty days of the recorded proceeding, the tapes shall be erased by the Court and subsequently used to make original ''A'' and ''B'' videotape records. In the event such occurs, parties may still obtain a reproduction of the original. Court personnel will reproduce the requested material using the ''A'' or ''B'' copies.
(v) Official Log: Court personnel assigned videotape responsibility in the courtroom shall keep a written trial log or assure the videotape system produces an automatic trial log for all proceedings where the videotape is the official record. A manual trial log form shall be developed and authorized by the Court. One copy of the log shall be retained by the Court and one copy shall accompany the videotape filed with the Department of Court Records. A copy of the trial log shall also be provided with each duplicated videotape made for requesting parties.
Local Rule 253. Taxation of Costs.
(1) Costs After Judgment.
Costs shall be taxed by the Department of Court Records. Objections shall be presented to the Motions Judge or, if the case was tried, to the Trial Judge.
Habeas Corpus Local Rule 301. Formal Requirements.
Any request for issuance of a writ of habeas corpus shall be in writing by petition and in accordance with the following:
(1) The caption shall contain the name of the Commonwealth at the relation of the petitioner in whose behalf the relief is requested, and name as respondent the person who exercises the alleged unlawful restraint, as well as the capacity in which such restraint is asserted, if any.
(2) The petition shall contain allegations of fact and shall be signed and verified by petitioner. If petitioner is unable to sign and verify the petition, the reason shall be set forth.
(3) When the person restrained is an incapacitated person or a minor, the petition shall be brought on behalf of the person restrained by that person's next friend, parent or guardian.
(4) Where the restraint arises out of arrest and incarceration, for any summary or criminal offense, a notice of presentation and a copy of the petition for habeas corpus shall be given forthwith to the District Attorney of Allegheny County.
(5) A proposed preliminary order shall be attached to the petition.
(6) Petitions alleging restraint by law enforcement authorities shall be filed in the Criminal Division; petitions alleging restraint pursuant to an order of Court shall be filed in the Division of Court which issued the order; other petitions shall be filed in the appropriate division of the court.
Local Rule 302. Contents of Petition.
The petition for the issuance of the writ of habeas corpus shall contain allegations of fact as follows:
(1) The basis for the jurisdiction and venue of the Court shall be set forth, as well as the place of confinement or restraint. If the place of confinement or restraint is unknown, this shall be alleged.
(2) Facts must be alleged that show precisely the alleged illegal restraint and the identity of the person in whose custody the person is restrained.
(3)(a) Any prior or pending legal proceeding pertaining to the restraint shall be referred to specifically. Any basis or authority for the restraint shall be specifically set forth. If the basis or authority for the restraint is unknown, this shall be alleged.
(b) When the restraint is a result of a commitment by an issuing authority, a statement of the proceedings before the issuing authority shall be attached.
(4) The facts upon which the right to relief is based must be alleged and a succinct statement of the reasons why the restraint is unlawful shall be set forth without extended argument.
Local Rule 303. Procedure.
The procedure for issuance of a writ of habeas corpus shall be as follows:
(1) The petition shall be presented with an appropriate order. The order signed at the time application for relief is made may deny the requested relief, set a hearing date, grant a rule or grant any other appropriate relief.
(2) When the Court directs the release of a relator upon any conditions of bail pending hearing on the petition, the order shall contain the amount and type of bail and the office in which bail shall be posted.
(3) Upon the direction of the Court that a writ be issued, the order shall be filed with the Department of Court Records, and a proper writ of habeas corpus shall be procured from the Department of Court Records and served on the respondent as the Court may direct.
Note: It is expected that where the petitioner proceeds upon petition and rule that the order of Court granting the rule shall also provide a direction of notice to the appropriate parties.
Local Rule 503. Appeals From Real Estate Tax Assessment.
(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 with the Department of Court Records within thirty days of the date of mailing of the notice by the Board.
Local Rule 504. Appeals From Real Estate Tax Exemption.
(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 as a General Docket case with the Department of Court Records within thirty 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 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.
Local Rule 505. Change of Name of a Natural Person.
(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 on 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;
(ii) A completed fingerprint card, if applicable (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: Supervisors(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's web site: dcr.county.allegheny.pa.us (no www and no com. or gov.).
(c) After Petitioner has been notified that the fingerprinting process has been completed, the petitioner shall take the Petition in the Department of Court Records's file to the Chief Motions Clerk.
Note: The Chief Motions Clerk will be in the Courtroom of the Motions Judge. See ''Civil Division'' 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 Motions Judge.
(d) The Motions Judge shall schedule the time and date for a hearing.
(e) 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 envelopes affixed with sufficient postage and pre-addressed to the following so that copies of the Order Scheduling Hearing on Name Change may be sent:
(i) The District Attorney of Allegheny County
Allegheny County Courthouse
436 Grant Street
Pittsburgh, PA 15219(ii) to any other District Attorney of any county in which Petitioner was convicted of a felony.
(iii) Office of the Attorney General
Commonwealth of Pennsylvania
1600 Strawberry Square
Harrisburg, PA 17120(f) 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.
(3) FORMS:
(a) FORM 505A Petition for a Name Change
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION In Re the Petition of: DOCKET GD No. ______
_________________ (Print Your Current Name)
For a Name Change to:
_________________ (Print Your New Name)
VERIFIED PETITION FOR A NAME CHANGE And now comes Petitioner(s), ____________________________________________
by this Petition, and upon being duly sworn, respectfully represents and shows this Court:1. That the Petitioner(s) is of full legal age and is a bona fide resident of the County of Allegheny, Commonwealth of Pennsylvania, whose residence address is
___________________________ .
Petitioner(s) has been a bona fide resident of Allegheny County, Commonwealth of Pennsylvania for______
year(s) immediately prior to filing this Petition. Petitioner(s) was born on the ______ day of ______ , ______ in the County of ______ , State of ______ , and Country of ______ .2. Petitioner's(s') present name is ______ .
3. Petitioner(s) [ ] is not married or
[ ] is married to ______ .4. Petitioner(s) is the [ ] Father and/or [ ] Mother of the following minor children:
[ ] None
Name Date of Birth Age ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ 5. Petitioner(s) has resided at the following address(es) over the last five (5) years:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
6. Petitioner(s) requests the change of name for the following reasons (describe in detail):
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
7. The proposed change in the Petitioner(s) name, if granted, will not be detrimental to the interests of any other person and is not against the public interest.
8. This Petition is not filed to defraud creditors.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Wherefore, the Petitioner(s), intending to change his/her name, requests that by an Order of this Court, made and entered herein, the Petitioner's(s') name be changed to and decreed to be:
Respectfully submitted, _________________ (Sign Your Current Name) Address: _________________ City, State, Zip: _________________ Telephone: _________________
VERIFICATION I, (_________________), verify that (Print Your Current Name)
the statements made in the foregoing Petition are true and correct to the best of my knowledge or information and belief.I understand that this verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn fabrication to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties.
Date: ______ _________________ (Sign Your Current Name) (b)(i) FORM 505B(i) Order Scheduling Hearing on Name Change (used if Petition is brought by a person(s) of full legal age)
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
In Re: Petition of CIVIL DIVISION _________________ GD No. ______ _________________ _________________ _________________ Petitioner(s).
ORDER SCHEDULING HEARING ON NAME CHANGE AND NOW, this ______ day of ______ , 20____ , upon hearing of the within motion of ______ Esquire/pro se, attorney for the Petitioner(s) above named, it is ORDERED and DECREED that the within Petition be heard on the ______ day of ______ , 20 ____ at ______ before the Motions Judge. Petitioner(s) shall obtain a judgment search from all counties in which he/she has resided during the last five (5) years. It is further Ordered, that the Petitioner(s) shall advertise once in the Pittsburgh Legal Journal, and once in a newspaper of general circulation in Allegheny County.
BY THE COURT,
______ , J.
(b)(ii) FORM 505B(ii) Order Scheduling Hearing on Name Change (used if Petition is brought on behalf of a Minor(s)):
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
In Re: Petition of CIVIL DIVISION _________________ GD No. ______ _________________ _________________ _________________ Petitioner(s).
ORDER SCHEDULING HEARING ON NAME CHANGE AND NOW, this _____ day of ______ , 20 ____ , upon hearing of the within motion of ______ , Esquire/pro se, attorney for the Petitioner(s) above named, it is ORDERED and DECREED that the within Petition be heard on the ______ day of ______ ,
20 ____ at ______ before the Motions Judge. Petitioner(s) shall obtain a judgment search from all counties in which he/she has resided during the last five (5) years.IT IS FURTHER ORDERED, that Petitioner(s) shall obtain an affidavit of consent from the non-petitioning parent and/or serve a copy of this scheduling order by certified and regular mail forthwith.
IT IS FURTHER ORDERED, that the Petitioner(s) shall advertise once in the Pittsburgh Legal Journal, and once in a newspaper of general circulation in Allegheny County.
BY THE COURT,
______ , J.
(c) FORM 505C Decree for Change of Name
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
In Re: Petition of CIVIL DIVISION _________________ GD No. ______ _________________ _________________ _________________ Petitioner(s).
DECREE FOR CHANGE OF NAME AND NOW, this _____ day of ______ , 20 ____ , upon hearing on the within Petition and upon motion of ______ , Esquire/pro se, attorney for Petitioner(s), with proof of publication and proof that there are no judgments or decrees of record or any other matter of like effect against Petitioner(s), and it appearing that there are no legal objections to the granting of the prayer of the Petition, it is ORDERED and DECREED that the name(s) of the Petitioner(s) be and are, from and after this date changed to
___________________________ .
BY THE COURT,
______ , J.
(d) FORM 505D Case Transfer Order
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
In Re: Petition of _________________ GD No.______ _________________ FD No. ______ _________________ _________________ (a) monor(s) Petitioner(s): _________________
CASE TRANSFER ORDER AND NOW, the _____ day of ______ , 20 ____ , the Court makes the following findings:
1. The subject of the Petition for a Change of Name is
_________________ who (is a) (are) minors.
2. The non-petitioning parent has filed an objection to the proposed Petition for Change of Name or has appeared before the Court and opposes the Petition.
It is therefore ORDERED, ADJUDGED and DECREED as follows:
1. Pursuant to Local Rule 505(3)(f) this matter is hereby transferred to the Family Division for all further proceedings with respect to the Petition for Change of Name.
2. The Department of Court Records shall conduct a search of its records to determine if the family involved in this contested name change has an existing Family Division docket number. If there is an existing Family Division docket number, this Petition shall be matched to the existing file and transferred to the Family Division. If there is no existing Family Division docket number, the Department of Court Records shall assign a Family Division docket number and open a case file. In either event, the above-referenced General Division docket number shall be cross-referenced with the Family Division docket number.
3. The party who filed the Petition for Change in Name shall be responsible for serving the Family Division scheduling order on the opposing party in a manner consistent with the Rules of Civil Procedure.
4. The party who filed the Petition for Change of Name shall provide the following information:
A. Name(s), Address(es) and Date(s) of Birth of the minor(s) involved:
Name Address Date of Birth ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ B. Name of the father of the minor child(ren)__________
Address and telephone number of the father __________
Date of Birth of the father __________
C. Name of the mother of the minor child(ren)__________
Address and telephone number of the mother __________
Date of Birth of the mother __________
D. List any prior Family Court involvement and case numbers: (Examples of these cases include: Protection from Abuse, Child Support, Child Custody, and Divorce.)__________
BY THE COURT,
______ , J.
Eminent Domain Local Rule 601. Definitions.
(1) Appeal—an action contesting the decision, report or recommendation of the Viewers, which is filed with the Department of Court Records.
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 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. The party filing the preliminary objections immediately shall take the stamped preliminary objections and the Department of Court Records file to the Administrative Judge.
(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.
Actions at Law/Civil Action/Pleadings Local Rule 1018.1. Notice to Defend Form.
(1) The agency to be named in the notice to defend accompanying complaints filed in the Court of Common Pleas of Allegheny County, Pennsylvania shall be:
Lawyer Referral Service
Allegheny County Bar Association
3rd Floor Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219
Telephone: (412) 261-5555
www.acbalrs.org(2) The agency to be named in the notices required by Pa.R.C.P. 237.1, 237.4, 237.5, 430, 1910.25, 1910.27, 1915.12, 1915.15, 1915.16, 1920.71, 1920.73, 3146 and 3252 shall be:
Lawyer Referral Service
33rd Floor Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555
www.acbalrs.orgLocal Rule 1028(c). Procedures for the Disposition of Preliminary Objections.
(1) General Docket Cases
(a)(i) Preliminary objections shall be taken to the Chief Motions Clerk.
Note: The Chief Motions Clerk (telephone number 412-350-5644) will be in the Courtroom of the Motions Judge. See ''Civil Division'' 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 Motions Judge.
(ii) Except for preliminary objections raising a question of venue, which is governed by subdivision (d) of this Local Rule, the Chief Motions Clerk shall schedule the time and date for an argument before the Motions Judge.
Note: If preliminary objections are filed to preliminary objections, these preliminary objections will be scheduled for argument at the same time as the argument for the preliminary objections which are the subject of the preliminary objections.
In cases of multiple defendants, if any other defendants have not filed responsive pleadings at the time another defendant files preliminary objections, the Chief Motions Clerk will not schedule an argument on these preliminary objections sooner than sixty (60) days after filing.
(iii) The Chief Motions Clerk will file the preliminary objections with the Department of Court Records.
(iv) The party filing the preliminary objections shall promptly serve copies of these preliminary objections on all other parties with notice of the date and time of the argument, if such has been set.
(b)(i) Except for preliminary objections raising issues of fact, which are governed by subdivision (c), and preliminary objections raising a question of venue, which are governed by subdivision (d), a brief and proposed order of court, each separately tabbed under the same cover sheet, shall be attached to all preliminary objections. No preliminary objections will be accepted by the Chief Motions Clerk until a brief is attached. Failure to attach a brief shall be cause for denial of the preliminary objections.
(ii) Any party opposing preliminary objections shall file a brief in opposition to the preliminary objections at least seven (7) days prior to the argument.
(iii) A brief shall not exceed ten (10) double-spaced pages except in cases designated complex or where permitted by order of court entered pursuant to a motion presented to the Motions Judge.
(c)(i) Where preliminary objections contain grounds raising issues of fact under Pa.R.C.P. 1028(a)(1), (5), or (6), they: shall be titled on the cover sheet ''Preliminary Objections Raising Questions of Fact''; shall be endorsed with a notice to plead; shall not have a brief attached; and will be scheduled for argument not sooner than ninety (90) days after filing.
(ii) All evidence that the parties wish the court to consider shall be filed with the Department of Court Records at least twenty (20) days prior to the argument.
(iii) The party which filed the preliminary objections shall file its brief at least fourteen (14) days prior to the argument; the parties opposing the preliminary objections shall file their briefs at least seven (7) days prior to argument.
(d)(i) If the preliminary objections include the ground of improper venue, they: shall be titled on the cover sheet ''Preliminary Objections Raising Questions of Venue''; shall be endorsed with a notice to plead; shall be accompanied by a brief and proposed order of court, as provided for in paragraph (1)(b) of this Local Rule; and shall include all preliminary objections as required under Pa.R.C.P. 1028(b).
Note: If the preliminary objections raise only improper venue, a brief is not required.
(ii) Preliminary objections raising questions of venue will be decided by the Calendar Control Judge. The Chief Motions Clerk shall notify the Calendar Control Judge of the filing of the preliminary objections raising a question of venue and the Calendar Control Judge shall instruct the parties as to how these preliminary objections will be resolved.
(iii) The Calendar Control Judge will rule only on the venue preliminary objections. If they are overruled, the Calendar Control Judge will issue a court order which directs the parties to obtain an argument date before the Motions Judge on the remaining preliminary objections.
(2) Arbitration Proceedings
(a) The original and a copy of the preliminary objections shall be taken to an Arbitration Department Clerk, Courtroom Two, Seventh Floor, City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania 15219. The clerk will place on the original and the copy of the preliminary objections a time and date (usually a Friday at 10:00 A.M.) for an argument before the Special Motions Judge. The clerk will file the original with the Department of Court Records and return the copy to the party filing the preliminary objections. This party shall promptly serve copies of the preliminary objections on all other parties with notice of the date and time of the argument.
Note: The filing of preliminary objections or the Arbitration Office's scheduling the preliminary objections for an argument on a date after the date of the arbitration hearing does not continue the arbitration hearing unless the moving party obtains a continuance pursuant to Local Rule 208.3(a)(6)(a)(iii).
(b) If the preliminary objections raise issues of fact, at the initial argument the Special Motions Judge shall issue an order describing the manner in which any factual disputes will be resolved.
(c) There are no requirements for the filing of briefs.
(d)(i) The moving party, after contacting all other parties, shall notify an Arbitration Clerk prior to the argument (412-350-5625) if the matters raised in the preliminary objections are resolved. Otherwise, if the moving party does not appear on the date of the argument, the court will enter an order dismissing the preliminary objections for failure of the moving party to appear.
(ii) The moving party, after a discussion with other parties, shall notify an Arbitration Clerk if the preliminary objections are moot because of the filing of an amended pleading.
Local Rule 1034(a). Procedures for the Disposition of a Motion for Judgment on the Pleadings.
(1) General Docket Cases
(a)(i) The original and a copy of the motion for a judgment on the pleadings shall be taken to the Calendar Control Office (Room 734 of the City-County Building). A member of the staff shall place on the original and a copy of the motion the date of the argument list on which the motion will be argued.
Note: Motions for judgment on the pleadings filed before 2:00 P.M. on the fortieth (40th) day before the next argument list will be placed on that list. Motions filed less than forty (40) days before the date of the next argument list will be placed on the following argument list. No motion for judgment on the pleadings shall be placed on an argument list or otherwise scheduled for argument if the case has appeared on a published trial list prior to the filing of the motion without an order of court entered by the Calendar Control Judge.
(ii) The original copy of the motion shall be returned to the moving party who shall immediately file the motion with the Department of Court Records.
(iii) After the motion has been filed with the Department of Court Records, the moving party shall promptly serve copies of the motion for judgment on the pleadings on all other parties with notice of the date of the argument list on which the motion will be argued.
Note: Argument lists are placed under ''Civil Division'' on the Website of the Common Pleas Court (www.alleghenycourts.us) at least thirty (30) days before the date scheduled for argument. The list will identify the judge who will hear the argument.
(iv) If the motion has been resolved, the moving party shall promptly notify the court. Prior to the publication of the argument list, notice shall be given to the Calendar Control Clerk (412-350-5417). After publication of the argument list, notice shall be given to the secretary of the judge to whom the argument has been assigned.
(v) The brief of the moving party and proposed order of court shall be attached to the motion under the same cover and separately tabbed. Any party opposing the motion must file a brief at least seven (7) days prior to the argument and furnish a copy of the brief to the judge to whom the argument is assigned.
(b) This rule does not govern motions for judgment on the pleadings filed in asbestos litigation and cases otherwise designated by the court for special management (Pa.R.C.P. 1041.1 and 1041.2), class actions, cases designated as complex, and other cases specially assigned by an order of court to a single judge.
(2) Arbitration Proceedings
(a) The original and a copy of the motion for judgment on the pleadings shall be taken to an Arbitration Clerk Courtroom Two, Seventh Floor, City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania 15219. The clerk will place on the original and the copy of the motion a time and date (usually on a Friday at 10:00 A.M.) for an argument before the Special Motions 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 promptly serve copies of the motion on all other parties with notice of the date and time of the argument.
Note: The Arbitration Office's scheduling a motion for judgment on the pleadings for an argument on a date after the date of the arbitration hearing does not delay the arbitration hearing unless the moving party obtains a continuance pursuant to Local Rule 208.3(a)(6)(a)(iii).
(b) There are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation and case law.
(c) The moving party, after contacting the other parties, shall notify an Arbitration Department Clerk (412-350-5625) if the motion is withdrawn. Otherwise, if the moving party does not appear on the date of the argument, the court will enter an order dismissing the motion for failure of the moving party to appear.
Local Rule 1042.26(b). Medical Professional Liability Actions. Expert Reports.
In this county, unless there is a case-specific Order to the contrary or a published trial list with contrary deadlines, the provisions of Pa.R.C.P. 1042.26 through 1042.38 apply to medical professional liability actions.
Note: If deadlines set forth in a published trial list appear to contradict deadlines otherwise calculated in these rules, the earlier deadline will prevail.
Note: See Local Rule 4003.5 regarding expert reports in professional liability and product liability actions.
Compulsory Arbitration Local Rule 1303. Arbitration Hearing. Notice.
(1) The Department of Court Records shall affix the date, time and place of hearing before a Board of Arbitrators by placing said information on the Complaint which is filed and on the copies of the Complaint which are to be served upon all other parties.
(2) Every Complaint (except for Small Claims - see Local Rule 1320(2)) filed in Compulsory Arbitration, whether filed by a plaintiff against a defendant or by a defendant against an additional defendant, shall contain a Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing (FORM 1303) (see subsection (4) below). The Notice of Hearing Date and Notice of Duty to Appear shall immediately follow the Notice (to Defend) which is required by Pa.R.C.P. 1018.1(b).
(3) Immediately before the time set for hearing, an Arbitration Clerk shall assign cases to each Board of Arbitrators and shall designate the room in which the cases are to be heard. An Arbitration Clerk shall designate the order in which cases shall be heard from those listed in the published daily Arbitration List, in addition to cases listed specially by a Judge.
(4) FORM 1303 Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
______ ARBITRATION DOCKET ______ NO. ____ - ____ - _____ PLAINTIFF VS. HEARING DATE ______ ______
NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the attached copy of the suit papers, YOU MUST complete and detach two of the copies of the attached ''Notice of Intention To Appear.'' One completed copy of the ''Notice of Intention to Appear'' must be filed or mailed to the Department of Court Records, First Floor, City-County Building, 414 Grant Street, Pittsburgh, PA 15219 and the other completed copy must be mailed to: ______ within TWENTY (20) days from the date these papers were mailed. You are warned that if you fail to do so, the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lost money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE,
The Allegheny County Bar Association
3rd Floor Koppers Building, 436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: (412) 261-5555
www.acbalrs.org
HEARING NOTICE YOU HAVE BEEN SUED IN COURT. The above Notice to Defend explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing before a board of arbitrators will take place in Courtroom Two, Seventh Floor, City-County Building, 414 Grant Street Pittsburgh, Pennsylvania, on ______ , ____ at 9:00 A.M. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.
DUTY TO APPEAR AT ARBITRATION HEARING If one or more of the parties is not present at the hearing, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
NOTICE: YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD IMMEDIATELY BEFORE A JUDGE WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
Local Rule 1303(a)(2). Failure to Appear for Hearing.
(1) If a party fails to appear for a scheduled arbitration hearing, the matter may, if all present parties agree, be transferred immediately to a Judge of the Court of Common Pleas for an ex parte hearing on the merits and entry of a non-jury verdict, from which there shall be no right to a trial de novo on appeal.
Note: This local rule results in the loss of the right to a trial de novo on appeal, as described in the local rule. A dismissal or judgment which results from this local rule will be treated as any other final judgment in a civil action, subject to Pa.R.C.P. 227.1.
(2) A non-jury verdict entered at a hearing held pursuant to Local Rule 1303(a)(2)(1) shall not exceed $25,000 (exclusive of interest and costs) to any party.
Local Rule 1308. Appeal. Arbitrators' Compensation. Notice.
(1) In addition to satisfying the requirements of Pa.R.C.P. 1308(a), a party appealing an award shall also pay to the Department of Court Records any fee required for filing the appeal.
Local Rule 1320. Small Claims Procedure.
(8) The Department of Court Records, on praecipe of the plaintiff accompanied by a certificate as required by Pa.R.C.P. 237.1(a)(2), shall enter judgment against the defendant for failure to file either a responsive pleading or a copy of the Notice of Intention to Appear within twenty (20) days from service thereof, with damages to be assessed in the manner provided by the rules.
(9)(a) FORM 1320A Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing
IN THE COURT OF COMMON PLEASE OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
______ ARBITRATION DOCKET ______ NO. ____ - ____ - _____ PLAINTIFF vs. HEARING DATE ______ ______
NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the attached copy of the suit papers, YOU MUST complete and detach two of the copies of the attached ''Notice of Intention To Appear.'' One completed copy of the ''Notice of Intention to Appear'' must be filed or mailed to the Department of Court Records, First Floor, City-County Building, 414 Grant Street, Pittsburgh, PA 15219 and the other completed copy must be mailed to: ______ within TWENTY (20) days from the date these papers were mailed. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lost money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE,
The Allegheny County Bar Association
3rd Floor Koppers Building, 436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: (412) 261-5555
www.acbalrs.com
HEARING NOTICE YOU HAVE BEEN SUED IN COURT. The above Notice to Defend explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing before a board of arbitrators will take place in Courtroom Two, Seventh Floor, City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania, on ______ , ____ [Insert date and year] at 9:00 A.M. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.
DUTY TO APPEAR AT ARBITRATION HEARING If one or more of the parties is not present at the hearing, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
NOTICE: YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD IMMEDIATELY BEFORE A JUDGE WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
(b) FORM 1320B Notice of Intention to Appear
NOTICE OF INTENTION TO APPEAR
(Three copies required)
To the Plaintiff or the Case Caption ______ Plaintiff's Attorney Hearing Date ______ I intend to appear at the hearing scheduled for the above date and defend against the claim made against me.
I do not owe this claim for the following reasons:
I certify that I have mailed a copy of this Notice to the Plaintiff or the Plaintiff's attorney.
Date: ______ Sign here: __________
Address: __________
Local Rule 1331. Consumer Credit Transaction.
The agency to be named in any notice required by Pa.R.C.P. 1328(b) and 1329(3)(2) shall be:
Lawyer Referral Service
Allegheny County Bar Association
3rd Floor Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555
www.acbalrs.com
Minors as Parties Local Rule 2039. Compromise, Settlement, Discontinuance and Distribution.
(2) Deposit of Funds by Order of Court.
All petitions under Pa.R.Civ.P. 2039, where the proceeds of settlement are to be deposited in a savings account or in a certificate of deposit, shall have attached to the petition an order including the following:
It is hereby ordered and decreed that the amount of $ ______ shall be deposited in the name of ______ , a minor, by counsel of record in a savings account or certificate of deposit in a federally insured bank, savings and loan association or credit union. The savings account or certificate of deposit shall be marked ''NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF MAJORITY OR BY FURTHER ORDER OF COURT.''Proof of deposit is to be filed with the Department of Court Records, Wills/Orphans' Court Division within thirty days by counsel of record.
(3) Presentation of Petition.
All petitions under Pa.R.C.P. 2039 shall be first delivered for signature to the Administrative Judge of the Orphans' Court Division and thereafter presented to the Calendar Control Judge.
(4) Annuity Contracts.
(a) Where the terms of settlement of a minor's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company without the prior approval of the Orphans' Court Division of this Court.
(b) A copy of this local rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Department of Court Records, Wills/Orphans' Court Division.
Note: For approval of a settlement of a minor's claim where no action has been instituted, see Orphans' Court Local Rule 12.16G.
Incapacitated Persons as Parties Local Rule 2064. Compromise, Settlement, Discontinuance and Distribution.
(1) Presentation of Petition.
All petitions under Pa.R.C.P. 2064 shall be first delivered for signature to the Administrative Judge of the Orphans' Court Division and thereafter presented to the Calendar Control Judge.
(2) Annuity Contracts.
(a) Where the terms of settlement of an incapacitated person's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company without the prior approval of the Orphans' Court Division of this Court.
(b) A copy of this Local Rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Department of Court Records, Wills/Orphans' Court Division.
Enforcement of Judgments for the
Payment of MoneyLocal Rule 3121. Stay of Execution. Setting Aside Execution.
(1) Notice.
Notice shall be given to the party executing the judgment when application will be made for a stay of execution.
(2) Delivery of Copy of Order Staying Execution to Sheriff.
Orders staying execution, certified to be true and correct by the Department of Court Records, an attorney or a party litigant, shall be provided to the Sheriff.
Note: When a writ of execution is stayed after the Sheriff has served or has attempted to serve the writ, poundage will be calculated based on the face amount of the writ unless the plaintiff files an affidavit within three business days the actual amount paid or to be paid to the plaintiff in cash or in kind as consideration for staying the writ or satisfying the judgment. If an affidavit is filed, the Sheriff's poundage will be calculated based on the consideration set forth in the affidavit.
Local Rule 3129.2. Notice of Sale. Real Property.
(2) Filings With the Sheriff Prior to Sale:
All writs and copies of orders certified from the record by the Department of Court Records directing judicial sales of real estate must be filed with the Sheriff in accordance with the policies of the Sheriff's office.
(4) Notice to Internal Revenue Service.
In any case where notice is required to be given to the Internal Revenue Service, in accordance with the provisions of the Federal Tax Lien Act of 1966, 26 U.S.C. § 7425(b) and (c), a copy of such notice, certified by counsel to be a correct copy and indicating the date of service upon or delivery to the Internal Revenue Service, shall be filed with the Department of Court Records prior to the date fixed for the sale.
Local Rule 3146. Judgment Against Garnishee Upon Default or Admission in Answer to Interrogatories.
(2) The agency to be named in the notice provided by Pa.R.C.P. 3146 shall be:
Lawyer Referral Service
Allegheny County Bar Association
3rd Floor Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555
www.acbalrs.com
Actions Upon Mechanics Liens, Municipal and Tax Claims and Charges on Land Local Rule 3190. Judgment. Execution.
(1) Tax Sales.
Before objection to the adequacy of the price offered for real estate pursuant to Section 14 of Act of July 5, 1947, P. L. 1258, 53 P. S. § 26114, is filed, the objector shall deposit a certified or cashier's check with the solicitor for petitioner for ten percent of the original offer, or a minimum of one hundred dollars, subject to forfeiture to all interested taxing authorities in the event the original offer is not raised in said amount in open Court.
The objection filed in the office of the Department of Court Records shall have endorsed thereon acceptance of service and receipt for deposit by counsel for petitioner. After bidding in open Court and acceptance of successful bid by the Court, deposits shall be returned to unsuccessful bidders, provided the accepted bid exceeds by ten percent, or a minimum of one hundred dollars, the price offered.
(c) Counsel shall also serve certified copies of orders of Court changing ownership or description of property on the Allegheny County Department of Real Estate.
Local Rule 3252. Writ of Execution. Money Judgments.
The agency to be named in the notice on writs of executions issued pursuant to Pa.R.C.P. 3252(a) shall be:
Lawyer Referral Service
Allegheny County Bar Association
3rd Floor Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555
www.acbalrs.com
Discovery—Expert Reports Local Rule 4002.1. Filing Discovery Material. Requests for Expert Reports in Professional Negligence and Product Liability Actions.
All requests for production of expert reports made in professional negligence and product liability actions in accordance with Local Rule 4003.5 shall be filed with the Department of Court Records. Expert reports furnished pursuant to Local Rule 4003.5 are discovery material that shall not be filed, except as provided by Pa.R.C.P. 4002.1. Note: See also Local Rule 4003.5, relating to expert reports in professional negligence and product liability actions.
[Pa.B. Doc. No. 14-2541. Filed for public inspection December 12, 2014, 9:00 a.m.]
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