RULE 7. [Reserved] Rule
7.1. [Reserved].
7.2. [Reserved].Rule 7.1. [Reserved].
Source The provisions of this Rule 7.1 amended December 20, 2000, effective January 1, 2001, 31 Pa.B. 7; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial pages (272413) to (272414).
Rule 7.2. [Reserved].
Source The provisions of this Rule 7.2 adopted December 20, 2000, effective January 1, 2001, 31 Pa.B. 7; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (272415).
CHAPTER VII. RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE
Rule
7.1. Depositions, Discovery, Production of Documents, Perpetuation of Testimony, and Subpoenas to Attend and Testify.
7.2. Motion for Judgment on the Pleadings.
7.3. Motion for Summary Judgment.
7.4. Injunctions.
Source The provisions of this Chapter VII adopted December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098, unless otherwise noted.
Rule 7.1. Depositions, Discovery, Production of Documents, Perpetuation of Testimony, and Subpoenas to Attend and Testify.
The court, by local rule or order in a particular matter, may prescribe the practice relating to depositions, discovery, production of documents, perpetuation of testimony, and subpoenas to attend and testify. To the extent not provided for by local rule or an order governing a particular matter, the practice relating to depositions, discovery, production of documents, perpetuation of testimony, and subpoenas to attend and testify shall conform to the practice in the Trial or Civil Division of the local Court of Common Pleas.
Note
Rule 7.1 is derived from former Rule 3.6.
Source The provisions of this Rule 7.1 amended October 31, 2019, effective January 1, 2020, 49 Pa.B. 6804. Immediately preceding text appears at serial page (392697).
Rule 7.2. Motion for Judgment on the Pleadings.
After the relevant pleadings are closed, but within such time as not to unreasonably delay the hearing, any party may move for judgment on the pleadings. The court shall enter such judgment or order as shall be proper 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. See Rule 1.99.
Explanatory Comment
The Official Note to Pa.R.C.P. No. 1034 is fully incorporated by reference herein, except that the court may, but is not required to, promulgate local rules governing the procedure for these motions.
Source The provisions of this Rule 7.2 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573. Immediately preceding text appears at serial page (390204).
Rule 7.3. Motion for Summary Judgment.
(a) After the relevant pleadings are closed, but within such time as not to unreasonably delay a hearing, any party may move for summary judgment in whole, or in part, as a matter of law in the manner set forth in Pa.R.C.P. Nos. 1035.1, 1035.2, and 1035.4.
(b) The party against whom the motion for summary judgment is filed shall respond in accordance with Pa.R.C.P. Nos. 1035.3(a)—(b) and 1035.4.
(c) The court shall rule upon the motion for summary judgment as provided in Pa.R.C.P. Nos. 1035.3(c)—(e) and 1035.5.
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. See Rule 1.99.
Explanatory Comment
The Notes, Official Note and Explanatory Comments to Pa.R.C.P. No. 1035.1 et seq. are incorporated by reference herein, except that the court may, but is not required to, promulgate local rules governing the procedure for these motions.
Source The provisions of this Rule 7.3 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573. Immediately preceding text appears at serial page (390204).
Rule 7.4. Injunctions.
Upon petition, the court may issue a preliminary, special, or permanent injunction in accordance with the rules and procedures provided in Pa.R.C.P. No. 1531.
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. See Rule 1.99.
Explanatory Comment
With the repeal of 20 Pa.C.S. § 772, the propriety of and procedure for obtaining an injunction in an Orphans’ Court matter was uncertain. This Rule clarifies that an injunction may be requested and issued in this court. The procedure for requesting the issuance of an injunction shall conform to the practice set forth in Pa.R.C.P. No. 1531. The Notes and Explanatory Comments to Pa.R.C.P. No. 1531 are fully incorporated by reference herein.
Source The provisions of this Rule 7.4 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573. Immediately preceding text appears at serial pages (390204) to (390205).
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