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PA Bulletin, Doc. No. 01-588



Amendments to Orphans' Court Rules

[31 Pa.B. 1856]

Order of Court

   And Now, this 23rd day of March, 2001, at 9:00 a.m., the Court hereby approves and adopts Schuylkill County Orphans' Court Rule 2.4D and hereby amends Schuylkill County Orphans' Court Rules 7.1B; 8.2A; and 8.7A. The rules are adopted and amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District) and shall be effective immediately upon publication in the Pennsylvania Bulletin.

   It is further Ordered that said rules as they existed prior to the amendment are hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.

   The Clerk of the Orphans' Court of Schuylkill County is Ordered and Directed to do the following:

   1.  File ten (10) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, together with a diskette reflecting the text in the hard copy version.

   3.  File one (1) certified copy of this Order and Rules with the Pennsylvania Orphans' Court Rules Committee.

   4.  Forward one (1) copy to the Schuylkill County Bar Association for publication in the Schuylkill Legal Record.

   5.  Keep continuously available for public inspection copies of this Order and Rules.

By the Court

President Judge

Rule 2.4D.  Praecipe to Transmit.

   All filings which require action by a judge or an assignment by the Court Administrator shall be accompanied by a praecipe to transmit on the Clerk's form ''Praecipe to Transmit'', and shall indicate the nature of the filing and what action is being sought to move the matter forward. The purpose of the praecipe is to advise the Court of what may be necessary for a disposition (i.e. when a hearing is required; when a matter is ripe for disposition on the record; matters that can be immediately addressed) and to expedite action on the filing. When a non-jury trial or a hearing involving witnesses is being requested, then the moving party shall list the witnesses to be presented and include an estimate as to the time required to present the case. In matters requiring a non-jury trial or hearing, opposing counsel is required to file a report in WRITING with the Clerk within 10 days of the moving party's filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case. Failure to file the praecipe to transmit or to indicate what action is required from the Court may result in denial of the relief sought. Failure to list witnesses may result in the preclusion of their testimony.

Rule 7.1B.  Exceptions. Time for Filing. Brief.

   Except as otherwise provided, exceptions, with a brief in support thereof, shall be filed as of course with the Clerk within twenty (20) days from service of a copy of the adjudication, order, or decree complained of, and a true and correct copy of the exceptions and brief served upon all parties in interest, or their counsel of record, who shall have ten (10) days to respond. Proof of service as aforesaid shall be filed with the Clerk prior to any disposition of the exceptions.

Rule 8.2A.  Filing of Report. Place. Time.

   (a)  The report of an Auditor or Master who has been appointed to assist the Court in the audit of an account or the disposition of an issue of fact in a matter shall be filed with the Clerk.

   (b)  The report of the Auditor or Master shall be filed within ninety (90) days after completion of the hearing(s) and shall be extended only upon application to the Court for good cause shown.

Rule 8.7A.  Report of Auditor or Master. Disposition. Procedure.

   (a)  The report of an Auditor or Master shall be transmitted to the Court for Confirmation Nisi upon filing with the Clerk and shall become FINAL unless written exceptions thereto are filed within twenty (20) days after the date of filing the report.

   (b)  Exceptions. Any party in interest shall have the right to file exceptions to the report of an Auditor or Master within twenty (20) days after the filing and confirmation Nisi thereof. Exceptions shall conform to the pertinent provisions of Chapter 7 of these rules.

[Pa.B. Doc. No. 01-588. Filed for public inspection April 6, 2001, 9:00 a.m.]

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