THE COURTSTHE COURTS
Title 252—ALLEGHENY
COUNTY RULES
ALLEGHENY COUNTY
Civil Division; Local Rules of the Court of Common Pleas; No. AD-2021-203-PJ Rules Doc.
[51 Pa.B. 7637]
[Saturday, December 11, 2021]
Order of Court
And Now, this 29th day of November, 2021, it is hereby Ordered that the following proposed amendments to 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.
KIM BERKELEY CLARK,
President Judge
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, use of the Allegheny County Department of Court Records Civil/Family Division (hereinafter ''DCR'') electronic filing system is permissive for the filing of all legal papers, including original process, in all actions and proceedings brought in or appealed to the court.
Note: A ''legal paper'' is defined in Pa.R.C.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.
C. The following filings are permitted to be filed through the [DCR] 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 [Cases,] 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[; or (iii)] (see Local Rule 1034(a)); and (iv) motions for summary judgment (see Local Rule 1035.2(a)). [For scheduling oral argument, a copy of these filings must be presented to the: (i) Chief Motions Clerk for preliminary objections and (ii) Calendar Control Clerk for motions for summary judgment and motions for judgment on the pleadings.
2. The following secondary filings in compulsory arbitration cases: (i) preliminary objections, (ii) petitions, or (iii) motions. For scheduling oral argument, a copy of these filings must be presented to the Arbitration Clerk in Room 702, City County Building to obtain an argument date.
3.] 2. The following secondary filings in Housing Court cases [: (i) preliminary objections, (ii) petitions, or (iii) motions. For scheduling oral argument, a copy of these filings must be presented to the Housing Court Clerk (Housing Court Help desk, Department of Court Records, City County Building) to obtain an argument date.] 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)).
D. Use of the DCR's electronic filing system is not permitted for the following Family Division [Filings] filings:
1. Legal papers relating to Protection From Abuse matters which must be processed with the PFA [Office] 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 [(C)(1)] (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, counteraffidavits, 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. [Any and all] All legal papers which must be presented to a Family Division Judge in motions court before filing with the [Office] 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).
(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] 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.
(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.
(2) [RESERVED]
(3) [Intentionally omitted as Allegheny County has not designated a third party to operate the electronic filing system.]
(e) [RESERVED]
(f)(1) When a legal paper has been successfully transmitted electronically, the DCR's electronic filing website shall generate a printable acknowledgement page and shall transmit to the filer an initial [e-mail] 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 [e-mail] 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. 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.
(2) 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: [website:] dcr.alleghenycounty.us (www. does not appear before and ''.com'' does not appear after this web address).
(5) [RESERVED]
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.C.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 [delivering to the Chief Motions Clerk] filing a praecipe to set a date and time for the final argument [. The party obtaining the time and date 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.
[Note: The Chief Motions Clerk will be in the Courtroom of the Motions Judge.]
(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) General Docket Cases—Opening a Judgment of Non Pros.
(a) A petition to open a judgment of non pros shall be presented to the Special 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 al 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: See ''Civil Division'' on the Website of the Common Pleas Court of Allegheny County (www.alleghenycourts.us) for the name of the judge who is sitting as the Special Motions Judge and the times matters may be presented. Ordinarily, the Special Motions Judge will be available on Fridays.
The moving party may obtain an argument date and time for the presentation by contacting the Assignment Room (Room 700 of the City-County Building, 412-350-5463) on Mondays through Fridays between 1:30 P.M. and 4:30 P.M. Or the moving party may, after giving appropriate notice to all parties, place the matter on the 2:00 P.M. Add-On List, located in the Courtroom of the Special Motions Judge, at any time after 8:30 A.M. on the Friday on which it will be presented.
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 is issued, the court order issuing the rule shall set forth the time within which the answer to the petition shall be filed and within which depositions shall be completed, and the date of the final argument before the Special Motions Judge.
(c) Briefs are not required unless the court order issuing the rule provides for the filing of briefs.
(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 (Room 536, Allegheny County Courthouse). 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.
(b) The petitioner shall notify an Arbitration Department Clerk (412-350-5625) 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.
(5)] (3) Housing Court Cases—Striking and/or Opening Default Judgments and Judgments of Non Pros.
(a) The original and a copy of the petition 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.
(b) 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.
Local Rule 208.3(a). Procedures for the Disposition of Motions.
[(1) Scope.
(a)(i)] (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.C.P. 208.1.
[Note: The term ''motion'' as used in Pa.R.C.P. 208.1 and in this local rule does not include preliminary objections (governed by Local Rule 1028(c)), motions for judgment on the pleadings (governed by Local Rule 1034(a)), motions for summary judgment (governed by Local Rule 1035.2(a)), or petitions to open a default judgment or a judgment of non pros (governed by Local Rule 206.4(c)).
(ii)] (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.
[(iii)] (b) This local rule does not govern motions filed in [eminent domain proceedings, 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, name changes matters that a re assigned to the Special Name Change Judge (see Local Rule 505 for name changes) rather than the General Motions Judge, and any other cases] 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, [Housing], 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.
[(iv)] (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.
[(2) General Docket Cases—General Provisions.
(a) Motions described in Local Rule 208.3(a)(3) shall be presented to the Calendar Control Judge, motions described in Local Rule 208.3(a)(4) shall be presented to the Motions Judge, and motions described in Local Rule 208.3(a)(5) shall be presented to the Special Motions Judge. Litigants may contact the Chief Motions Clerk (412-350-5644) if they are uncertain as to which of the judges should hear a particular motion.
(b) A motion may be presented only after service of the copy of the motion 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 motion and the notice of the date of presentation.
Note: The court does not schedule the date and time of presentation. The moving party/petitioner selects a date and time at which the appropriate judge is scheduled to hear motions. See ''Civil Division'' on the Website of the Common Pleas Court of Allegheny County (www.allegheny courts.us) for the name and courtroom of the judge who is sitting as the Calendar Control Judge, General Motions Judge, Discovery Motions Judge, or Housing Motions Judge and the times at which unscheduled matters may be presented. Ordinarily, motions may be presented each day to the Motions Judge at 9:30 A.M. and 1:30 P.M. in Courtroom 703; motions may be presented to the Calendar Control Judge, typically at 8:30 A.M. on days on which there is a call of the list and at 9:00 A.M. on other days on which motions are being heard; motions may be presented to the Discovery Motions Judge only on a Friday (see subsections (5)(c) and (6)(b) below); Housing Court Motions are all specifically scheduled through the Housing Court Help Desk, see subparagraph (6) below.
(c) There is no requirement for the filing of a response or the filing of briefs prior to presentation. However, the parties are encouraged to submit briefs when it is anticipated that the court will wish to consider briefs before deciding the issue.]
(3) Calendar Control Judge.
(a) [Motions] 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 [Special] 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.
[(b) In any case, including a case that is not on a published trial list, all motions relating to the following matters shall be presented to the Calendar Control Judge:] 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:
[(i)] (a) the compromise, settlement, and discontinuance of an action to which a minor is a party; [and]
Note: See Local Rule 2039 for the procedures governing a petition presented pursuant to Pa.R.C.P. 2039.
[(ii)] (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.C.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.
(ii) A courtesy copy shall be provided to the Calendar Control Judge in advance of presentation of the motion.
(4) Discovery Motions Judge.
[(a) For any General Docket case that is not on a published trial list, motions and petitions relating to the following matters shall be presented to the Motions Judge:
(i) opening or striking default and confessed judgments;
(ii) requests for preliminary or special injunctive relief;
Note: Enforcement of a court order providing preliminary or special injunctive relief shall be presented to the judge who issued the court order.
(iii) relief provided for in replevin actions under Pa.R.C.P. 1075.1 to 1086;
(iv) relief provided for in the Rules of Civil Procedure governing enforcement of money judgments (Pa.R.C.P. 3101 to 3291) except for discovery in aid of execution which is presented to the Special Motions Judge;
Note: These matters are presented to the Motions Judge for all General Docket cases, including cases that have appeared on a published trial list.
(v) requests to proceed in forma pauperis in General Docket and Arbitration proceedings; and
(vi) continuances of any arguments on the General Argument List.
(b) In any General Docket case that is not on a published trial list, any motions that are not required to be presented to the Special Motions Judge (see subdivision (5)(a) of this Local Rule) or to the Motions Judge (see subdivision (4)(a) of this Local Rule) may be presented to either the Motions Judge or the Special 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;
(iii) Discovery in aid of execution;
(iv) All motions to dismiss based upon affidavits of non-involvement pursuant to Pa.R.C.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.
(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.
(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. 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 pm 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.
[(7)] (5) Housing Court Judge
(a) The Housing Court Judge shall hear the following:
(i) [all] All motions involving Housing Court cases [shall be heard by the Housing Court Judge. This includes all motions heard both before and after the appeal of an award from arbitration.] (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) All Housing Court Motions must be filed electronically 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. This party shall immediately serve copies of the motion on all other parties with notice of the date and time of the argument.
(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.
[Note: The Housing Court Clerk's scheduling of a motion 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 paragraph (7)(c) of this Local Rule.
(c) Parties filing Housing Court motions may file their motions electronically and they may also request that the motion be scheduled for oral argument by submitting the motion to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. This party shall immediately serve copies of the motion on all other parties with notice of the date and time of the argument.
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 (6)(c) above).]
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/Housing_Court.aspx.
[(d) requests for the] (ii) The party seeking a contested continuance of an arbitration hearing [will be presented] shall present to the Housing Court Judge[. The party seeking a continuance will present to the Housing Court Judge] an Adjournment of Hearing Form (FORM 208.3(a))(see subsection [(6)(c)] (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).
[(e) Motion for Late Appeal of Disposition from a Magisterial District Judge in a Landlord Tenant Proceeding.
(i)] (iii) Motion for Late Appeal shall be filed 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).
[(ii)] (a) The Housing Court Clerk will schedule the motion with the Housing Court Judge. [The filing party is still expected to provide the other party with ten (10) days notice of the schedule argument date.] 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.
[5 Special] 6 General Motions Judge.
(a) [For any General Docket case that is not on a published trial list,] 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 for trial:
(i) All motions relating to the following: [matters shall be presented to the Motions Judge:
(i) discovery
(ii)] (a) pleadings [(preliminary objections pursuant to Rule 1028)] including amendments, joinder of parties, late joinder of additional defendants;
[(iii) preliminary objections filed by an additional defendant if an order had been entered permitting the late joinder;
(iv)] (b) withdrawal and disqualification of counsel;
[(v)] (c) discontinuances, consolidation, severance, and coordination of actions in different counties (Pa.R.C.P. 213.1); [placing/striking cases at issue;]
[(vi) entry and opening of judgments of non pros and default;
(vii)] (d) transfers between Arbitration and General Docket;
[(viii)] (e) certificates of merit (Pa.R.C.P. 1042.1 et seq.); [and the filing of an appeal to an arbitration award]
[In any General Docket case that is not on a published trial list, any motions that are not required to be presented to the General Motions Judge (see subdivision (4) (a) of this Local Rule) or to the Discovery Motions Judge (see subdivision (5) (a) of this Local Rule) may be presented to either the Motions Judge or the Special Motions Judge.
(6) Arbitration Cases.
(a)(i) Except as provided in the following subdivisions (a)(ii), (a)(iii), and (a)(iv), all motions involving arbitration cases, including uncontested motions, shall be heard by the Special Motions Judge.
(ii) In forma pauperis petitions will be presented to the Motions Judge.
(iii) Contested requests for the continuance of an arbitration hearing 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 (''Green Sheet''), which is (FORM 208.3(a)) (see subsection (6)(c) below). The Chief Arbitration Clerk has the authority to sign Adjournment of Arbitration Hearing ''Green Sheet'' Requests for the continuance of an arbitration hearing that are agreed upon by all parties.
(iv) Motions filed after an arbitration award has been appealed shall be presented to the Special Motions Judge unless they affect the timing of the trial of the case, in which event they shall be presented to the Calendar Control Judge.
(b) The original and a copy of any motion shall be taken for filing to an Arbitration Clerk (Room 702 City County Building) or, if filed electronically, a copy of the filed motion shall be presented to the Arbitration Clerk for scheduling oral argument. The clerk will place on the original and the copy of the motion (or upon the copy if filed electronically) 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 (unless filed electronically) 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.
Note: The Arbitration Office's scheduling a motion 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 paragraph (6)(a)(iii) of this Local Rule.]
(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 [this] 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 filed with the Department of Court Records. A copy of the motion shall be provided to the Chief Motions Clerk prior to presentation.
(iii) The Chief Motions 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 |
|---|
| Plaintiff(s) | Case Number: _________________ |
| _________________ |
| vs. | Type of pleading: |
| Adjournment of Arbitration Hearing |
| Defendant(s) | _________________ |
| 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 ______ |
|---|
| vs. | Presently listed _________________ |
| _________________ | No. of Times Continued ______ |
| _________________ | 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 Civil ¦ Arbitration (alleghenycourts.us).
Local Rule 253. Taxation of Costs.
(1) Costs After Judgment.
Costs shall be taxed by the [Prothonotary] Department of Court Records. Objections shall be presented to the General Motions Judge or, if the case was tried, to the Trial Judge.
(2) Costs After Settlement.
In Civil Division cases, absent an agreement to the contrary at the time of a settlement requiring the payment of monetary damages, the paying party or parties shall reimburse the recipient the record costs incurred by that party. Where there are multiple payors, the reimbursement of record costs shall be prorated.
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).
(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 email address with a request that the Court issue an Order scheduling the hearing date;
(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) if the record has been sealed or publication waived, the Petitioner may take the file to the Special Name Change Judge's chambers instead of the Chief Motions Clerk.
(d) Scheduling a hearing:
(i) 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;
(ii) If the Petition is taken to the Chief Motions Clerk, the General Motions Judge shall schedule the time and date for a hearing; or
(iii) 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) 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:
(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
(g) 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.
(4) 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 No. GD _________________
___________________________ (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: _________________
[New Page] VERIFICATION
I, ( ___________________________ ), verify that the statements made (Print Your Current Name)
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
CIVIL DIVISION
In Re: Petition ofCIVIL 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 General 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
CIVIL DIVISION
In Re: Petition ofCIVIL 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 General 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
CIVIL DIVISION
In Re: Petition ofCIVIL 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 for Change of Name of:
___________________________
GD No. _________________
___________________________
FD No. _________________
___________________________
(a) minor(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.
Editor's Note: Adopted October 4, 2006, effective December 4, 2006. Amended December 27, 2019, effective February 19, 2020.
Local Rule 1001. Civil Actions Raising Claims for Relief Heretofore Asserted in an Action in Equity.
(1) A civil action that raises only claims for relief heretofore asserted in equity shall be assigned to an individual judge when the case has been placed at issue pursuant to Local Rule 214.
Note: A request for assignment to an individual judge may be made to Calendar Control using FORM 1001 (see subsection (3) below).
(2) A civil action that raises claims for relief heretofore asserted in an action in equity and claims for relief heretofore asserted in the action of assumpsit and/or the action in trespass will not be assigned to an individual judge prior to trial without a court order entered pursuant to a motion or by the court sua sponte.
Note: A motion for the assignment of a case to an individual judge shall be presented to [the Special Motions Judge if the case is not on a published trial list and to] the Calendar Control Judge [if] or the Administrative Judge regardless of whether the case is on a published trial list.
(3) FORM 1001 Request for Assignment of Equity Claims to an Individual Judge
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
(CAPTION) (CASE NUMBER)
TO: Calendar Control Clerk
734 City-County Building
414 Grant Street
Pittsburgh, PA 15219
REQUEST FOR ASSIGNMENT OF EQUITY CLAIMS TO AN INDIVIDUAL JUDGE
This is a nonjury case that raises only claims for relief heretofore asserted in equity. A copy of this request has already been furnished to all other parties.
DATED: _________________
_________________
Local Rule 1028(c). Procedures for the Disposition of Preliminary Objections.
(1) General Docket and Arbitration Docket Cases.
(a)(i) [If not filed electronically, preliminary objections shall be filed with the Chief Motions Clerk. If filed electronically, a copy of the preliminary objections shall be taken to the Chief Motions Clerk.] Preliminary objections shall be filed with the Department of Court Records.
[Note: The Chief Motions Clerk (telephone number 412—350—5644) will be in the Courtroom 703, City-County Building.]
(ii) [The Chief Motions Clerk shall schedule the time and date for an argument.] A request to schedule the date and time for argument shall be transmitted by email to the following email address: civilpos@alleghenycourts.us, accompanied by a PDF copy of the preliminary objections and brief and a proposed order in Microsoft Word format.
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 will not be scheduled sooner than sixty (60) days after filing.
In an arbitration case, the filing of preliminary objections or the scheduling of 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(d).
[(iii) Unless filed electronically, the Chief Motions Clerk will file the preliminary objections with the Department of Court Records.
(iv)] (iii) The party filing the preliminary objections shall, promptly after filing, serve copies of these preliminary objections on all other parties and shall promptly serve all other parties with notice of the date and time of the argument, [if such has been set] after the date and time for argument has been set.
(b)(i) Except for preliminary objections raising issues of fact, which are governed by subdivision (c), and Arbitration Docket cases, a brief and proposed order of court [, each separately tabbed under the same cover sheet,] shall be filed with all preliminary objections. [No preliminary objections will be accepted by the Chief Motions Clerk until a brief is attached.] Failure to [attach] file a brief with preliminary objections shall be cause for denial of the preliminary objections.
Note: In an Arbitration Docket case, there are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation and case law.
(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 General 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).
(e) If the moving party fails to schedule argument on preliminary objections, any other party is permitted to schedule argument [by presenting a copy of the preliminary objections to the Chief Motions Clerk as provided elsewhere in these Rules] in the manner set forth in subsection (1)(a)(ii), above.
[(3)] (2) Housing Court Proceedings.
(a) If not filed electronically, the original and a copy of the preliminary objections shall be taken to the Housing Court Clerk (Housing Court Help Desk: First Floor City County Building). The Housing Court Clerk will place, on the original and the copy of the preliminary objections, a time and date for an argument before the Housing Court Judge. The Housing Court 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. If filed electronically, the filing party shall take a copy of the preliminary objections to the Housing Court Clerk, and the Housing Court Clerk will place on the copy of the preliminary objections a time and date for an argument before the Housing Court Judge. This party shall promptly serve copies of the preliminary objections on all other parties with notice of the date and time of the argument.
(i) The moving party, after contacting all other parties, shall notify the Housing Court Clerk prior to the argument (412-350-4462) 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 the Housing Court 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 and Arbitration Docket Cases.
(a)(i) A motion for judgment on the pleadings shall be filed with the Department of Court Records. [The original and a copy of the motion for a judgment on the pleadings (or a copy if filed electronically) 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 (or upon the copy if filed electronically) the date of the argument list on which the motion will be argued.] A request to schedule the date and time for argument shall be transmitted by email to the following email address: civilmsjjops@allegheny courts.us, accompanied by a PDF copy of the motion and brief and a proposed order. The motion will be placed on an argument list, the date and time of which shall be published in the Pittsburgh Legal Journal.
Note: Motions for judgment on the pleadings filed before [2:00 P.M.] 4:00 P.M. on the [fortieth (40th)] forty second (42nd) day before the next argument list will be placed on that list. Motions filed less than [forty (40)] forty-two (42) 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) [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 and file a certificate of service.] The party filing the motion shall, promptly after filing, serve copies of the motion on all other parties and file a certificate of service. Furthermore, upon notification of the date of the argument list on which the motion will be argued, the moving party shall promptly serve all other parties with notice of the date and time of the argument and file a certificate of service.
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.
In an arbitration case, the filing of a motion for judgment on the pleadings or the scheduling of the motion 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(d).
(iii) 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.
(iv) [The] In a General Docket case, the brief of the moving party and proposed order of court shall [be attached to the motion under the same cover and separately tabbed] be filed with the motion. 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. In an Arbitration Docket case, there are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation and case law.
(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 (or a copy if filed electronically) shall be taken for filing to an Arbitration Clerk, Room 702 Seventh Floor, City-County Building for scheduling of argument. The clerk will place on the original and the copy of the motion (or upon the copy if filed electronically) 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 (or the copy if filed electronically) with the Department of Court Records and return a 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 Section'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 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.
(3)] (2) Housing Court Proceedings.
(a) The original and a copy of the motion for judgment on the pleadings (or a copy if filed electronically) shall be taken to the Housing Court Clerk (Housing Court Help Desk: First Floor City County Building). The Housing Court Clerk will place, on the original and the copy of the motion (or a copy if filed electronically), 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 promptly serve copies of the motion on all other parties with notice of the date and time of the argument.
Note: The Housing Court Clerk scheduling of oral argument on a motion for judgment on the pleadings 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, statute, regulation and case law.
(c) The moving party, after contacting the other parties, shall notify the Housing Court Clerk 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 1035.2(a). Procedures for the Disposition of a Motion for Summary Judgment.
(1) General Docket and Arbitration Docket Cases.
The procedures for the disposition of a motion for summary judgment are identical to the procedures for the disposition of a motion for judgment on the pleadings described in Local Rule 1034(a)(1), and in addition a response in opposition to the motion shall be filed as provided for in Pa.R.C.P. 1035.3.
[(2) Arbitration Proceedings.
The procedures for the disposition of a motion for summary judgment are identical to the procedures for the disposition of a motion for judgment on the pleadings described in Local Rule 1034(a)(2).]
(2) Housing Court Cases.
The procedures for the disposition of a motion for summary judgment are identical to the procedures for the disposition of a motion for judgment on the pleadings described in Local Rule 1034(a)(2).
Local Rule 1301. Scope.
(1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators:
(a) Civil actions, proceedings and appeals or issues therein where the demand is for [$35,000] $50,000 or less (exclusive of interest and costs);
(b) Replevin without bond and replevin with bond once bond has been set by the Court;
(c) Appeals from final judgments of Magisterial District Judges; and
(d) Matters transferred to Compulsory Arbitration by the Court even though the original demand may have exceeded [$35,000] $50,000.
(2) The following civil actions are not subject to Compulsory Arbitration as set forth, above:
(a) Actions seeking only an accounting;
Note: In an action seeking both money damages and an accounting, a Board of Arbitrators may award money damages but may not order an accounting.
(b) Actions seeking only equitable relief; and
Note: In an action seeking both money damages and equitable relief, a Board of Arbitrators may award money damages but may not order equitable relief.
(c) Actions in which the Commonwealth is a party defendant or an employee of the Commonwealth is a party defendant under the provisions of 42 Pa.C.S., Chapter 85B (relating to actions against Commonwealth parties).
(3) A Board of Arbitrators may not enter an award in favor of any party in excess of [$35,000] $50,000 (exclusive of interest and costs).
Note: While a Board of Arbitrators may hear a lawsuit in which any party claims an amount in excess of [$35,000] $50,000, the award of the Board of Arbitrators to any party may not exceed [$35,000] $50,000 (exclusive of interest and costs). However, with the agreement of all parties, a Board of Arbitrators may award up to the amount agreed upon in excess of [$35,000] $50,000 if all parties also agree that the arbitration award is final and cannot be appealed to Court.
(4) If a party files a counterclaim or a cross-claim seeking an award in excess of [$35,000] $50,000 (exclusive of interest and costs), any party may file a petition to transfer the entire case to the General Docket. At the discretion of a judge, such a counterclaim or cross-claim may be severed and transferred to the General Docket.
Local Rule 1302. List of Arbitrators. Appointments to Board. Oath.
(1) Subject to approval by the [Special Motions Judge or the] Calendar Control Judge of the Civil Division of the Court, lawyers who are actively engaged in the practice of law in Allegheny County shall be appointed to serve as arbitrators.
(2) Only lawyers who are ''active'' on the rolls of The Disciplinary Board of the Supreme Court of Pennsylvania are to be treated as lawyers ''actively engaged in the practice of law'' for purposes of subsection (1).
(3) An Arbitration Clerk shall appoint to each Board of Arbitrators three (3) lawyers summoned from the list of approved lawyers, according to the directions of the [Special Motions Judge] Calendar Control Judge of the Civil Division.
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 [Prothonotary] Department of Court Records any fee required for filing the appeal.
(2) A member of a Board of Arbitration who has signed an award or filed a minority report in each of the cases heard before that Board shall receive compensation of $150 per diem after the filing of that member's reports/awards. In cases requiring hearings of unusual duration or involving questions of unusual complexity, the [Special Motions Judge] Calendar Control Judge of the Civil Division, on petition of the members of the Board and for cause shown, may allow additional compensation.
Local Rule 1320. Small Claims Procedure.
The following procedure shall govern Small Claims, which include appeals from Magisterial District Judges where the damages claimed do not exceed the sum of $3,000 (exclusive of interest and costs), and civil actions where the damages claimed do not exceed the sum of $3,000 (exclusive of interest and costs).
(1) The Complaint may be simplified to contain only the names and addresses of the parties, a statement indicating concisely the nature and amount of the claim, the signature of the plaintiff or the plaintiff's attorney (Pa.R.C.P. 1023), an endorsement (Pa.R.C.P. 1025), a Notice of Hearing Date and three copies of a Notice of Intention to Appear as set forth in subparagraph (3) hereof.
(2) Every Complaint filed in Compulsory Arbitration as a Small Claim, 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 1320A) (see subsection (9)(a) 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) The filed Notice of Intention to Appear shall be a sufficient answer to the Complaint (FORM 1320B) (see subsection (9)(b) below).
(4) A counterclaim which qualifies as a ''Small Claim'' as defined herein may be set forth in either the filed Notice of Intention to Appear or a separate pleading, by a statement indicating concisely the nature and amount of same. The counterclaim filed as a separate pleading shall be in substantially the same form as the Complaint, without the Notice of Hearing or Notice of Intention to Appear.
(5) No reply to a counterclaim shall be required. If one is filed, it may be limited to a general denial.
(6) The provisions of Local Rules 212.1, 212.2 and 212.3 shall not apply to actions involving only Small Claims as defined herein.
(7) Except as otherwise provided by order of the [Special Motions Judge] Discovery Motions Judge upon good cause shown, in Small Claims proceedings, there shall be no discovery by deposition upon oral examination or upon written interrogatories under Pa.R.C.P. 4005 and 4007 or requests for admissions under Pa.R.C.P. 4014.
(8) The [Prothonotary] 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] PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION
ARBITRATION DOCKET
_________________
No. _________________
Plaintiff,
vs. HEARING DATE: __________
_________________
Defendant.
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 Prothonotary's Office] 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE, The Allegheny County Bar Association
[11th] 4th Floor Koppers Building, 436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: (412) 261-5555
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 [Room 523 of the Allegheny County Courthouse, 436 Grant Street, Pittsburgh, Pennsylvania] the Arbitration Assembly Room, Courtroom Two, Seventh Floor City-County Building, Pittsburgh, PA 15219, 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 3146. Judgment Against Garnishee Upon Default or Admission in Answer to Interrogatories.
(1) The hearing to assess the amount of the judgment shall be scheduled before the General Motions Judge. Written notice to the garnishee in the form provided by Pa.R.C.P. 3146(a)(2) shall be served in accordance with Pa.R.C.P. 440 at least twenty days prior to the scheduled hearing. The Plaintiff shall serve the garnishee with a copy to the Defendant. Service shall be evidenced by a certificate of service.
(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
[11th] 4th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555
[Pa.B. Doc. No. 21-2055. Filed for public inspection December 10, 2021, 9:00 a.m.]
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