THE COURTS
Title 231—RULES OF
CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
[ 231 PA. CODE PART II ]
Order Amending Rules 1.99, 2.1, 2.4, 2.7, 2.8, 2.10, 3.3—3.6, 3.9—3.11, 3.14, 7.2—7.4 and 8.2 of the Orphans' Court Rules; No. 772 Supreme Court Rules Doc.
[48 Pa.B. 3573]
[Saturday, June 16, 2018]
Order Per Curiam
And Now, this 1st day of June, 2018, upon the recommendation of the Orphans' Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1.99, 2.1, 2.4, 2.7, 2.8, 2.10, 3.3—3.6, 3.9—3.11, 3.14, 7.2—7.4, and 8.2 of the Pennsylvania Orphans' Court Rules are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2018.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
CHAPTER I. PRELIMINARY RULES Rule 1.99. Confidential Information and Confidential Documents. Certification.
Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a legal paper pursuant to these rules with the clerk shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts] (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule or order of court, or a Confidential Document Form, in accordance with the Policy.
Note: Applicable authority includes but is not limited to statute, procedural rule, or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts] (Policy) can be found on the website of the Supreme Court of Pennsylvania at http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:
I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts] that require filing confidential information and documents differently than non-confidential information and documents.The Confidential Information Form and the Confidential Document Form can be found at http://www.pacourts.us/public-records. In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order permitting the filing of a document in two versions, a ''Redacted Version'' and an ''Unredacted Version.''
CHAPTER II. ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS Rule 2.1. Form of Account.
* * * * * Note: Rule 2.1 is substantively similar to former Rule 6.1 and Rule 12.15, except that certain subparagraphs have been reordered and Rule 12.15 and its Official Note have become subparagraph (d).
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 2.4. Petition for Adjudication/Statement of Proposed Distribution; Virtual Representation.
* * * * * Note: Although substantially modified, Rule 2.4 is derived from former Rule 6.9. One modification is to require averments for virtual representation under 20 Pa.C.S. § 751(6) generally and representation in ''trust matters'' pursuant to 20 Pa.C.S. § 7721 et seq. Another substantial modification is the addition of subparagraph (e) that requires counsel to sign the petition for adjudication/statement of distribution attesting that the submitted petition for adjudication/statement of distribution accurately replicates the Model Form and subjects counsel to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 2.7. Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution.
* * * * * Note: Although substantially modified, Rule 2.7 is derived from former Rule 6.10.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 2.8. Pleadings Allowed After Objections are Filed
* * * * * Note: Rule 2.8 has no counterpart in former Orphans' Court Rules.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 2.10. Foreign Heirs and Unknown Distri-butees.
* * * * * Note: With only minor modifications, Rule 2.10 is substantively similar to former Rules 13.2 and 13.3. Former Rule 13.1 has been deleted.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
CHAPTER III. PETITION PRACTICE AND PLEADING
Part A. Petition Practice Rule 3.3. Contents of All Pleadings; General and Specific Averments.
* * * * * Note: Rule 3.3 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 206.1(c) and Pa.R.C.P. No. 1019.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
Rule 3.4. Form of Petition; Exhibits; Consents; Signing and Verification.
* * * * * Note: Rule 3.4 is based upon former Rule 3.3 and Rule 3.4, but has been modified to require averments for virtual representation under 20 Pa.C.S. § 751(6) generally and representation in ''trust matters'' pursuant to 20 Pa.C.S. § 7721 et seq. Another modification is the addition of subparagraph (d) that requires petitioner's counsel to sign the petition, or all of the petitioners to sign the petition, if unrepresented, thereby subjecting these signatories to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
Rule 3.5. Mode of Proceeding on Petition.
* * * * * Note: Subparagraphs (a) and (b) of Rule 3.5 are derived from former Rule 3.5. The final sentence of subparagraph (a)(2) is identical to former Rule 3.7(h)(1); it merely has been relocated to this section. Subparagraphs (c) and (d) of this Rule have no counterpart in former Orphans' Court Rules.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * *
Part B. Responsive Pleadings Rule 3.6. Pleadings Allowed After Petition.
* * * * * Note: Rule 3.6 has no counterpart in former Orphans' Court Rules, but is based, in part, on Pa.R.C.P. No. 1017.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 3.9. Preliminary Objections.
* * * * * Note: Rule 3.9 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1028.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 3.10. Denials; Effect of Failure to Deny.
* * * * * Note: Rule 3.10 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1029.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 3.11. Answer with New Matter.
* * * * * Note: Rule 3.11 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1030.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
Part C. Pleadings in General Rule 3.14. Amendment.
* * * * * Note: Rule 3.14 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1033.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * *
CHAPTER VII. RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE Rule 7.2. Motion for Judgment on the Pleadings.
* * * * * Note: Rule 7.2 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1034.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 7.3. Motion for Summary Judgment.
* * * * * Note: Rule 7.3 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1035.1 et seq.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * * Rule 7.4. Injunctions.
* * * * * Note: Rule 7.4 has no counterpart in former Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1531.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * *
CHAPTER VIII. RECONSIDERATION Rule 8.2. Motions for Reconsideration.
* * * * * Note: The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania[: Case Records of the Appellate and Trial Courts]. See Rule 1.99.
* * * * *
[Pa.B. Doc. No. 18-916. Filed for public inspection June 15, 2018, 9:00 a.m.]
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