Title 255--LOCAL COURT RULES SCHUYLKILL COUNTY Amended Rules of Procedure; S.96 1996 [26 Pa.B. 439] Order of Court And Now, this 17 day of January, 1996, at 1:10 p.m., Schuylkill County Civil Rules of Procedure, Criminal Rules of Procedure for the Court of Common Pleas and District Justice Courts and Judicial Administration are amended and/or adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.
The Prothonotary of Schuylkill County is Ordered and Directed to do the following:
1) File seven (7) 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.
3) File one (1) certified copy of this Order and Rules with the Pennsylvania Civil Procedural Rules Committee, Criminal Procedural Rules Committee and the Domestic Relations Committee.
4) Forward one (1) copy with the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rule.
It is further Ordered that said rules as they existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.
JOSEPH F. McCLOSKEY,
President JudgeREVISED RULES
of
CIVIL PROCEDURE
in the
Court of Common Pleas
of Schuylkill County
Twenty-First Judicial District
Commonwealth of PennsylvaniaRULES OF CIVIL PROCEDURE
FOR COMMON PLEAS COURTAPPEALS FROM CERTAIN ADMINISTRATIVE AGENCIES RULE 14: APPEALS FROM ZONING BOARD AND GOVERNMENTAL AGENCIES
I. PENNSYLVANIA MUNICIPALITIES PLANNING CODE (nothing contained in this Local Rule shall super
sede the requirements of the Pennsylvania Municipalities Planning Code).
A. APPEAL NOTICE. A land use appeal shall be in writing and shall contain the following:
1. A caption in substantially the following form: In Re: The Appeal of (Name) from the decision of the __________
(Name of local agency, such as zoning hearing board or governing body).2. Where applicable and where available to the appellant, in separately numbered paragraphs and in the following order:
a. name and address of the appellant.
b. name and address of the local agency the decision of which is being appealed.
c. the name and address of the owners, both real and equitable of any real estate which may be the subject of the application and an identification of any real estate which may be the subject matter of the application.
d. a chronology of the case, including the following dates:
i. date of application.
ii. date of filing application with the zoning officer.
iii. date of action of the zoning officer or other official.
iv. date of appeal or request to local agency.
v. dates of all hearings.
vi. date of decision or adjudication from which the appeal has been taken.
vii. date decision received.
e. the purpose for which the original application was made.
f. all specific legal and factual grounds relied upon for the appeal.
g. prayer for relief specifying all relief sought by the appellant.
3. A certification by the appellant that a transcript of the proceedings has been ordered, if one is not already in existence. At the time of the ordering, a party must make satisfactory arrangements with the reporter for payment of the costs of the transcript.
B. INTERVENTION
1. Notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code shall be under caption of the appeal and contain:
i. name and address of intervenor.
ii. nature of interest of intervenor in the proceedings.
iii. statement setting forth the factual and legal circumstances under which the intervenor alleges a right to intervene.
iv. a brief summary of the position of intervenor and grounds therefor.
2. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure.
3. The petitioner seeking intervention in a land use appeal shall comply with the procedures in Sch.R.C.P. 206 to submit the matter to the Court.
C. CERTIORARI.
1. In making its return, the local agency shall submit its entire record, including but not limited to:
a. all original papers filed, in chronological order, commencing with the application and all documents relating thereto, including correspondence;
b. the transcript of testimony in existence and available to the local agency within the time it is required to make its return;
c. the complete current zoning ordinance of the municipality, including maps, and any relevant prior ordinances or citation of, and copies of rules or regulations which affect the appeal; and
d. the findings of fact and conclusions of law of the local agency and its decision.
e. the names and addresses of all persons officially recognized as parties by the local agency.
2. The return on the certiorari shall be verified by the chairman or other officer designated by the local agency.
3. Notice of making the return shall be given forthwith by the Prothonotary to appellant who shall, within 4 days after receipt of the notice of making the return, give written notice of the return to the municipality, any applicant before the local agency and any property owner, whether real or equitable, whose land is the subject matter of the application, as well as all other parties to the original proceedings. The appellant shall contemporaneously file a certificate of service of such notice, setting forth the name and address of each party served and the manner of service.
4. If a transcript subsequently becomes available, a supplemental return, containing such transcript, shall be promptly filed, and notice given as required by I.C.3. above.
D. SUBMISSION TO COURT
1. Unless otherwise ordered by the court or by stipulation of the parties, the only issues before the court shall be those raised by the specific legal or factual grounds and prayers for relief in the appeal notice pursuant to subsection A(2)(f) and (g), and supplemental grounds filed in writing within 5 days of receipt of notice that the transcript has been filed.
2. Upon receiving notice of the return on certiorari, any party may submit the appeal to the court for disposition by praecipe pursuant to Sch.R.C.P. 206. The submitting party shall contemporaneously file a brief supporting that party's position and an affidavit of service on all other parties or their counsel. The briefs of all other parties shall be filed within 20 days of such service. If any party believes that the proper consideration of the appeal requires the presentation of additional evidence, that party shall, on or before the date when that party's brief is due, file a written motion, in compliance with Sch.R.C.P. 206, and shall be accompanied by the praecipe mandated by Sch.R.C.P. 205.3, setting forth specifically the nature of the proposed additional testimony and the reasons why such testimony is necessary for the proper consideration of the appeal.
3. In the absence of a motion to present additional testimony, the Court may render a decision based solely on the record, briefs of the parties and oral argument if requested; may direct that the parties brief and/or argue additional issues; or may remand the matter for additional hearing. If a motion for additional hearing is filed and it is shown that proper consideration of the appeal requires the presentation of additional evidence, the Court may hold a hearing to receive additional evidence, may remand the case to the body, agency or officer whose decision or order has been brought up for review if permitted by law, or may refer the case to a referee to receive additional evidence.
4. An appeal from a decision on remand shall be docketed to the original docket from which the remand was made. Only issues arising from the remand may be raised. All requirements of all parties (including, but not limited to, the local agency), as elsewhere provided in this Rule shall apply to an appeal after remand.
II. LOCAL AGENCY LAW. Except as otherwise provided in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., appeals taken under the Local Agency Law shall be governed by part I above to the extent applicable.
III. OTHER GOVERNMENT AGENCIES. Appeals taken from any governmental action for which no other procedure is provided by statute or rule shall be governed by part I above to the extent applicable.
RULE 15: SUPERSEDEAS IN APPEALS
Unless otherwise provided by law, the grant of a supersedeas or a stay of proceedings in connection with appeals shall be discretionary with the Courts and may be upon ex parte application; provided, however, that the other parties of record in the proceedings shall have the right to petition for the withdrawal of such supersedeas or stay.
RULES OF CONSTRUCTION RULE 51: TITLE AND CITATION OF RULES
(a) All Civil procedural rules adopted by the Court of Common Pleas of Schuylkill County shall be known as the Schuylkill County Rules of Civil Procedure and shall be cited as ''Sch.R.C.P. ____ .''
RULE 52: EFFECTIVE DATE OF RULES
These rules are intended to supplement and implement the Pennsylvania Rules of Civil Procedure, and they shall govern the practice and procedure in the Court of Common Pleas of Schuylkill County when appropriate. These Rules have been filed with the Administrative Office of the Pennsylvania Courts on ______ , as required by Pa.R.J.A. 103(c)(1) and shall be effective from such date.
RULE 76: DEFINITIONS
(a) Unless the context clearly indicates otherwise, the words and phrases used in any rule promulgated by the Court of Common Pleas of Schuylkill County shall be given the same meanings as said words and phrases are given by Pa.R.C.P. 76, except:
(1) ''Court'' or ''The Court'' shall mean the Court of Common Pleas of Schuylkill County.
(2) ''Rule'' shall mean any rule of court promulgated by the Court of Common Pleas of Schuylkill County.
RULE 101: PRINCIPLES OF INTERPRETATION
(a) In the construction of any Schuylkill Rule, the principles set forth in Pa.R.C.P. 101 through 153 shall be employed whenever possible.
RULE 105.1: APPROVAL OF SURETIES AND BONDSMEN, LIMITATIONS
(a) Sureties and bondsmen required at the commencement of actions shall be approved by the Court. No attorney, sheriff's officer, officer of the court, or person concerned in the issue or execution of process, shall become bail except by written leave of Court.
(b) Individual Sureties
When other than corporate security is offered, the party offering it shall at the same time present an affidavit of justification of the surety in the following form for approval of the Court:
(CAPTION)
JUSTIFICATION OF SURETYState of Pennsylvania
ss.
County of Schuylkill______ , being duly sworn, depose(s) and says(s):
1. I (we) reside at ______ in the County of ______ and are by occupation ______ .
2. I am (We are) the owner(s) of real estate in said County of ______ , consisting of a piece of ground in size ______ , situate at No. ____ , in the ______ of ______ , which is improved with the following buildings:
3. The said property was obtained by me (us) by deed or will from ______ in the year ____ , the title is in my (our) name(s) alone, and the deed or will is recorded in Schuylkill County in Deed (Will) Book Volume ____ , page ____ .
4. I am (We are) surety for the following named persons, and no others, in the following amounts:
5. I (We) do not contemplate the sale of the above described property and am (are) not now negotiating any sale of the same.
6. There are no encumbrances upon said property, except:
7. The said property has not been offered and accepted as bail or security for any other bail or bond still in force, except ______ .
8. The above property is assessed by the County for taxation in the sum of $ ______ , and I (we) believe that at present said property would sell for $ ______ County Assessment Code No. _____ .
9. I (we) have read over the foregoing affidavit and swear the facts set forth therein are true and correct.
_________________
Sworn and subscribed before me
this ______ day of ______ , 19 __ .
_________________RULE 107: PUBLICATION
(a) The Schuylkill Legal Record is designated the legal publication for the Court of Common Pleas of Schuylkill County
BUSINESS OF COURTS RULE 202: CONTINGENT FEE AGREEMENT
(a) All moneys collected by an attorney under a contingent fee agreement shall be paid, after the deduction of fees and proper charges for costs and expenses of the case, directly to the client without other deduction unless otherwise authorized in writing by the client.
RULE 205.1: FILING OF PAPERS
(a) All papers relating to civil matters shall be filed in the Office of the Prothonotary, with the exception of support matters which shall be filed with the Domestic Relations Section in accordance with appropriate statutes, Pennsylvania Rules of Civil Procedure, and these rules, with a case number and year thereon and the date and hour of filing to be stamped thereon by the Prothonotary or Clerk of the Domestic Relations Section.
(b) Upon receipt by the Prothonotary of the record of a case transferred from another judicial district, the Prothonotary shall assign a case number and year to the action and shall notify all counsel of record thereof.
(c) All papers, pleadings, and documents filed with the Prothonotary and Domestic Relations Section shall be on 8 1/2 x 11 inch paper, and where signatures are required, such signatures shall be in black or blue-black ink.
(d) Prepayment of costs for filing. The Prothonotary, Clerk of Court of Common Pleas, Register of Wills, Clerk of the Orphans' Court Division, Clerk of the Domestic Relations Section, and the Recorder of Deeds shall have the right to require payment for the filing, recording, or service of a paper or pleading at the time same is filed and, if said officer is unable to determine in advance the amount so required, he shall have a right to require a reasonable sum as a deposit against the costs for filing, recording, or service of a paper or pleading at the time same is filed.
RULE 205.2: PAPERS AND RECORDS
(a) The record papers in the Office of the Prothonotary and Domestic Relations Section shall be in the custody of said officials who shall be responsible for their safekeeping. No person, other than the Prothonotary or the Chief of the Domestic Relations Section, or their duly authorized clerks, shall have access to the files in which such record papers are kept.
(b) Auditors, masters, and other similar officers appointed by the Court shall have authority to remove such records as may be necessary for the purposes of their appointment, and they shall return the same within three (3) months unless the Court authorizes their longer retention.
(c) None other than those named in (b) shall be permitted to remove papers from the Office of the Prothonotary or Domestic Relations Section without the written Order of Court. It shall be the duty of the Prothonotary and the Chief of the Domestic Relations to insure full compliance with this rule.
(d) The record papers may be examined and copied by any other party in interest only in the office of the Prothonotary or Domestic Relations Section. However, the rule copy of notes or testimony may not be photocopied.
(e) The Prothonotary shall keep and maintain the following dockets:
(1) Suit Docket
(2) Judgment Docket
(3) Federal Tax Lien Docket
(4) Secured Transactions Docket
(5) Fictitious Names Docket
RULE 205.3: PRAECIPE TO TRANSMIT
All filings which require action by a judge or an assignment by the Court Administrator (except certificates of readiness for arbitration or trial) shall be accompanied by a praecipe to transmit on Prothonotary Form 205.3, 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. Failure to file the praecipe to transmit or to indicate what action is required from the Court may result in denial of the relief.
RULE 206: PETITIONS
Petition and answer practice shall comport with Pa.R.C.P. 206 and the rule provisions of Pa.R.C.P. 206.6. Each petition shall be accompanied by a praecipe pursuant to Sch.R.C.P. 205.3 indicating that the movant seeks issuance of a Rule to Show Cause. Upon filing, an Order in the form set forth herein shall be issued as of course and the parties shall thereafter proceed pursuant to the provisions of Pa.R.C.P. 206.
206.7(a)--In the event the respondent fails to file an answer to the rule within the time set forth in the rule, the movant may request to have the matter assigned to the court for entry of an appropriate order by praecipe pursuant to Sch.R.C.P. 205.3.
206.7(c)--When a contested case is at issue, and the parties have complied with the fact finding provisions of Pa.R.C.P. 206.7(c) and 206.7(d), where applicable, either party may move to have the matter assigned to the court for disposition by praecipe pursuant to Sch.R.C.P. 205.3.
In cases where an answer has been filed, each party shall file of record a brief in support of their respective position within twenty (20) days of the date of filing the praecipe to transmit the matter to the court for disposition. Unless otherwise requested, contested petitions shall be decided upon the record. Either party may request oral argument by filing a written request for oral argument with the Court Administrator of Schuylkill County.
Form of Order: Pursuant to this rule the petitioner shall attach to any petition seeking a rule to show cause a proposed order and the following form:
(CAPTION) ORDER AND NOW, this ______ day of ______ , 19 __ , upon consideration of the foregoing petition, it is hereby DIRECTED that:
(1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
(2) The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7;
(4) Depositions shall be completed within 60 days of this date unless otherwise extended by the court;
(5) Either party may request oral argument pursuant to Sch.R.C.P. 206.
_________________
J.RULE 206A: MOTIONS
(a) All motions or petitions for appointment, and for all miscellaneous matters, shall be governed by this rule.
(b) An original and one copy of all motions or filings pursuant to this provision, together with a praecipe to transmit as set forth in Sch.R.C.P. 205.3, shall be filed with the Prothonotary, which office shall promptly transmit the pleadings to the court administrator for assignment to a Judge for disposition. The praecipe must indicate the nature of the action which is required by the Court to move the matter forward.
(c) All motions shall state with particularity the grounds on which they are based, and each shall be accompanied by a form of order which, if approved by the Court, would grant the relief sought by the motion. Every response in opposition to a motion shall be accompanied by a form of order, which, if approved by the Court, will deny or amend the relief sought by the motion.
(d) Every uncontested motion shall be accompanied by a certificate of counsel that such motion is uncontested, substantially in the form provided in subsection (h) of this rule.
Motions for final judgment on quiet title actions, where service was made by publication, shall contain a certificate of publication indicating the dates and sources of such publication.
(e) Every motion not certified as uncontested shall be accompanied by a memorandum containing a concise statement of the legal contentions and authorities relied upon in support of the motion and an affidavit of service upon the party against whom relief is sought, or to his attorney. Any party opposing the motion shall file and serve such answer or other response that may be appropriate, a memorandum in opposition, and an affidavit of service upon the other party within fifteen (15) days after service of the originating motion and supporting brief. In the absence of timely response, the motion may be treated as uncontested. The Court may require or permit further briefing, if appropriate.
(f) Any interested party may make a written request for oral argument on a motion. The Court may require oral argument, whether or not requested by a party.
(g) This rule does not apply to motions made during the actual trial of a case; nor to motions for post-trial relief under Pa.R.C.P. 227.1; nor to an application for special or preliminary injunction to the extent the Court may dispense with notice pursuant to Pa.R.C.P. 1531(a); nor to applications for continuance of a hearing before a master or permanent hearing officer; nor to petitions for special relief under the divorce code (See Sch.R.C.P. 1920;43); nor to allowable appeals from decisions or actions of state or local agencies where no such prior notice is required by the law or ordinance allowing the appeal.
(h) CERTIFICATION
______ hereby certifies that a copy of the attached petition/motion was served upon the party listed below, in the manner and date as set forth, and that the undersigned has received an affirmative response from that party indicating that the petition/motion is not opposed.
Date served: ______ Served upon: __________
(name)
Manner of Service: ______ __________
______ __________
______
(signature)RULE 210: FORM OF BRIEFS
The brief of the moving party shall contain a history of the case, a statement of the issues involved, and argument. The brief of any responding party shall contain an argument and may contain a counter history of the case and a counterstatement of the issues involved.
RULE 211: ARGUMENT/ORAL ARGUMENT
Unless otherwise requested by counsel in writing all matters will be decided based upon the written arguments set forth in the briefs of the litigants. Requests for oral argument shall be submitted in writing to the assigned judge, or when there has not been a specific assignment to the Court Administrator, and shall be submitted not later that the date that the last brief is due to be filed. Failure to request oral argument in writing, including matters in which argument is required by rule (e.g. Pa.R.C.P. 1910.12(g)), will be deemed by the court to constitute an agreement by the parties to waive oral argument, and allow disposition on the record.
RULE 212.1: PRE-TRIAL LIST
(a) When a case is at issue, counsel shall proceed to complete discovery where desired and shall hold settlement meetings at which serious attempts shall be made by counsel to resolve the issues raised by the pleadings.
Thereafter, any party may list the case for pre-trial by filing a certificate of readiness on Prothonotary form 212. The Prothonotary shall then promptly forward the certificate to the Court Administrator. Failure to complete each item of Prothonotary Form 212 shall be cause for striking the case from the pre-trial list. Misrepresentations in the completion of this form which would delay the court process may be subject to the contempt powers of the Court.
(b) A copy of Prothonotary Form 212 shall be served on all counsel contemporaneously with the filing thereof. Within 10 days after filing of the form, opposing counsel may file with the Prothonotary written objections thereto stating the reasons, and shall serve a copy thereof upon the Court Administrator and other counsel. The Court Administrator shall promptly deliver the certificate and objections to the President Judge who shall promptly dispose of said objections.
(c) Each case on the pre-trial list shall be assigned by the President Judge to one of the Judges for pre-trial and trial proceedings. Thereupon, the Judge to whom a case is assigned shall summon the parties to a pre-trial conference.
(d) This rule shall be applicable to paternity cases where trial is demanded on the issue of paternity.
RULE 212.2: PRE-TRIAL CONFERENCE
(a) Pre-trial conferences shall be mandatory in all contested civil actions listed for trial by jury, and shall be held in the chambers of the Judge for the purposes set forth in Pa.R.C.P. 212.
(b) At least 1 week prior to the pre-trial conference, each of the parties shall submit a memorandum to the Court, with a copy to opposing counsel, containing:
1) A narrative statement of the facts which will be offered into evidence on behalf of that party.
2) The names and addresses of all witnesses the party expects to call, classifying them as witness to liability, non-liability, damages, diminution of damages, or expert.
3) A statement of the legal theory upon which the cause of action or defense is predicated, together with a complete citation of authorities relied on.
4) A complete list of photographs, contracts, maps, models, records or other documents or things intended to be used for evidence at the time of trial.
5) A written statement setting forth an itemized list of damages that any party intends to claim and prove at the time of trial.
6) A written detailed statement of items of claim for which a defense is believed available and the method to be used for proving such defense items.
7) A list of stipulations which opposing counsel reasonably can be expected to agree for purposes of avoiding need for proof.
8) A history of negotiations to date.
9) Where appropriate, a rough sketch illustrating the incident giving rise to the cause of action.
10) Copies of reports received from expert listed as a witness.
11) Such other matters as may be required by the Conference Judge.
(c) The attorneys who will actively try the case shall attend the pre-trial conference. At the time of the pre-trial conference, the parties or their authorized representatives shall be present or immediately available by telephone at the time of the conference. If a party, by contract or otherwise, has relinquished the right to settle and to control the conduct of the case, the person with such authority must be present or immediately available by telephone at the time of the conference. Any failure to comply with the foregoing may result in the imposition of sanctions.
(d) Failure to fully disclose in the pre-trial memorandum or the pre-trial conference the substance of the evidence as to liability, defenses, witnesses, exhibits, damages proposed to be offered at the trial, etc., may result in the exclusion of that evidence at the trial.
(e) The Judge may, at his discretion:
1) Require any party to file a supplemental memorandum, communicate to his client the recommendations of the Court or conduct additional negotiations.
2) Require the parties to submit points for charge on or before a designated date.
3) Schedule an additional pre-trial settlement conference.
4) Certify the case as ready for trial.
(f) Failure to file a pre-trial memorandum in accordance with these rules and/or failure to promptly attend the pre-trial conference may be deemed contempt of court and subject to such sanctions as the Court may impose.
RULE 212.3: CASES CERTIFIED FOR TRIAL
(a) All cases certified by the pre-trial Judge for trial shall be consolidated by the Court Administrator in a trial list according to the record age of the cases, giving priority to those cases as required by law or special Order of Court.
(b) At least 2 weeks before the first day of the next civil jury trials, the Court Administrator shall post the trial list in his office and in the office of the Prothonotary and shall also mail a copy of the trial list to each counsel, whose names appear on the certificate of readiness, for the cases listed.
(c) There shall be no call of the civil jury trial list. In the event of a settlement or discontinuance, counsel for plaintiff shall promptly notify the assigned judge. Continuances shall be granted only by the assigned judge and only for good cause shown.
(d) Paternity cases will be called for trial at the discretion of the Judge to whom such cases are assigned.
(e) Any attorney who appears as trial counsel in more than 2 cases on any civil trial list shall within 5 days after the list is posted identify to the Court Administrator which 2 trials he/she will try and the name and address of the associate counsel who will try the remaining cases. Trial counsel shall contemporaneously also notify opposing counsel. Upon failure of counsel to timely designate associate counsel as required, the Court Administrator shall strike from the trial list all of that trial counsel's cases except those 2 commenced earlier than the others.
RULE 213: CONSOLIDATION AND SEVERANCE OF ACTIONS AND ISSUES
It shall be the duty of counsel at the pre-trial conference to advise the Court of any pending case that arises out of the same facts or circumstances as the case on the trial list. The Court, either by application or on its own motion, may order such cases consolidated for trial and, if need be, continue the case on the trial list until the other case or cases are at issue for the purpose of consolidating them for trial.
RULE 216: APPLICATION FOR CONTINUANCE
Applications for continuance of any court scheduled proceedings shall be made to the scheduling judge in writing on the general continuance form available through the office of the Court Administrator. The movant shall comply with Pa.R.C.P. 216, indicate whether the request is opposed and specify the reasons for the request. If the request is due to a prior attachment of counsel, a copy of the scheduling notice or attachment order shall accompany the continuance application. Each request for continuance shall include a certification by counsel that his/her client has been informed about and agrees with the request for continuance.
RULE 216.1: MEDICAL WITNESSES
Medical witnesses shall be served with a subpoena to appear. All reasonable effort will be made to schedule the testimony of medical witnesses at times consistent with the schedule of such witness, provided that the progress of the proceedings are not unduly interfered with or delayed.
RULE 216.2: CONFLICT OF COUNSEL
(a) No case shall be continued because of a pending engagement of an attorney in any court, other than the Supreme Court of the United States, the Supreme, Superior or Commonwealth Courts of Pennsylvania, or a Federal Appeals Court. When it is known subsequent to the listing of the trial, that counsel will be engaged, counsel shall forthwith notify opposing counsel and the Court of such engagement.
RULE 217: COSTS ON CONTINUANCE
When an application for the continuance of any proceeding scheduled by the Court, or by a master appointed by the Court or by an officer of the Domestic Relations Section, is presented so close to the scheduled time for the proceeding as to cause undue inconvenience to opposing parties and/or their counsel, the Court may impose on the party making the application, or that party's counsel, the reasonable costs and expenses actually incurred by the opposing party which would not have been incurred if the application had been made more promptly. When determining the appropriateness of imposing costs and expenses, the Court shall consider the extent of notice to the parties when the proceeding was scheduled, the time when the applicant or counsel knew or should have known of the need for a continuance, how soon in advance of the scheduled proceeding the application for continuance was made and the inconvenience and expenses of opposing parties and their counsel.
RULE 223: CONDUCT OF THE JURY TRIAL
(a) The following rules shall apply to all civil jury trials.
(i) The attorney for a party who begins the examination or cross-examination of a witness must alone conduct it through all its stages unless otherwise permitted by the Court.
(ii) The mechanical or electronic recording of proceedings in the courtroom, without first obtaining leave of the Presiding Judge to do so, is forbidden.
(iii) The conduct of all trials shall be under the control and supervision of the Trial Judge, who shall be free to alter or change the usual procedure if the ends of justice so require.
RULE 225: OPENING AND CLOSING ARGUMENTS
(a) The defendant's attorney may make his opening speech immediately following the opening speech of the plaintiff's attorney or at the opening of the defendant's case. After the evidence is closed, only 1 attorney for each party or group of parties may address the jury. Closing addresses shall be limited to one for each party or group of parties and shall be made in the reverse order of presentation of testimony, so that the last defendant to present testimony will make the first closing and the first plaintiff to present testimony will make the final closing address.
RULE 226: POINTS FOR CHARGE
(a)(1) Points for charge shall be submitted to the Trial Judge as directed by pre-trial order of that Judge.
(2) The points for charges shall be in writing and shall be signed by counsel, and shall include a citation of authority justifying each point submitted.
(3) Unless otherwise directed by the Trial Judge, only those points for charge submitted in compliance with subsections (1) and (2) hereof will be considered by the trial Judge at the time of trial.
RULE 227.1: POST-TRIAL MOTIONS
(a) All motions for post-trial relief shall be filed in the Prothonotary's office and copies shall be served promptly upon the Trial Judge and all opposing counsel.
(b) A motion for post-trial relief which alleges after discovered evidence, misconduct of a party or the jury or any matter of fact which was not brought out at the trial, must be supported by affidavit stating the after discovery, the names of the witnesses in support of the motion, the substance of their expected testimony, and the party's belief of its sufficiency to change the verdict; otherwise such reasons will be disregarded.
(c) Upon receipt of a Motion for Post-trial Relief, the Trial Judge may promptly schedule a conference of counsel to resolve any dispute between the parties as to the portion of the trial record required for the disposition of the motion. If parties cannot agree, the Trial Judge shall enter an order designating the portions to be transcribed and assigning the costs of transcription. The Judge shall also at that time establish a briefing schedule. In the event a party fails to pay the estimated or final costs of transcription in accordance with Rule 5000.6 of the Schuylkill County Rules of Judicial Administration within 10 days after receipt of the stenographer's statement, the transcription of the record shall be deemed unnecessary to the disposition of the motions.
RULE 227.2: COURT EN BANC
(a) Should the Trial Judge, on the Judge's own motion, or on motion of a party, determine matters raised in the post-trial motion should be heard by a court en banc, the President Judge shall designate the members of the court who shall compose the panel.
RULE 262: CHANGE OF NAME--ADVERTISING
In all proceedings for a change of name, the notice required shall be published in the Schuylkill Legal Record and in a newspaper of general circulation in Schuylkill County, the last day of publication to appear at least seven (7) days before the date set for the hearing thereon.
RULE 301: BOARDS OF VIEWERS
(a) COMPOSITION AND APPOINTMENT OF BOARDS OF VIEWERS PURSUANT TO 42 Pa.C.S. § 214
The Board of Viewers shall consist of not less than nine (9) members, all of whom shall be adult residents of Schuylkill County. At least one-third (1/3) of its members shall be attorneys. Board members shall be appointed for a term of three (3) years by the Court of Common Pleas. Sitting board members may be reappointed for an additional term or terms of three (3) years upon expiration of their terms. Vacancies in an unexpired term of a board member shall be filled by the President Judge. The Court shall have the power to remove a board member at will.
(b) PETITIONS FOR APPOINTMENT OF A BOARD OF VIEWERS
Petitions for appointment of a Board of Viewers shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3 and shall comply with Sch.R.C.P. 206A. In case of a vacancy in the Viewers appointed in a specific case before the panel files its report, the President Judge shall fill such vacancy by appointing another member of the Board of Viewers.
(c) APPEALS FROM DECISION OF VIEWERS
Any party who appeals to the court from the decision of the Viewers and sets forth in the appeal objections to the Viewers' Report other than to the amount of the award shall comply with Sch.R.C.P. 14.
(d) STENOGRAPHIC NOTES
Whenever, in the opinion of the Board of Viewers, it shall be desirable, accurate stenographic notes of the hearing shall be taken and copies of such notes shall be furnished to the parties interested, when desired, upon payment of such sum as shall be fixed from time to time by the Court. The stenographer in any particular case shall be appointed from the list of the court-appointed stenographers by the Chairman of the Board of Viewers appointed to the case.
(e) COMPENSATION OF VIEWERS
(i) Compensation of Viewers shall be on a case by case basis in an amount fixed by the Court. A Petition for compensation shall be made at the time of filing of the Report of the Board of Viewers by a Petition for Compensation directed to the President Judge. A copy of the Petition for Compensation shall be served upon all parties, or their attorneys of record, at the time the Board transmits a copy of its report to them pursuant to 26 Pa.C.S. § 1-512.
(ii) Compensation approved by the President Judge pursuant to a Petition for Compensation shall be paid to the Viewers by Schuylkill County, taxed as costs against the condemnor and recoverable as such by Schuylkill County at any time after the date of approval by the President Judge.
(iii) Prior to the view, the Chairman of a Board of Viewers shall have the authority to require that the condemnor escrow an amount reasonably likely to cover the fees and costs of the Board. Such escrow shall be held by counsel for the condemnor or by the Prothonotary as the Chairman shall direct. Failure to deposit said funds may result in imposition of sanctions as the Court deems appropriate.
(f) RULES ALSO APPLY TO PROCEEDINGS NOT CONTROLLED BY THE EMINENT DOMAIN CODE
In addition to proceedings under the Eminent Domain Code, except as otherwise provided by statute, these rules shall also apply to actions to vacate public roadways, actions to open private roadways and actions under the Public Utility Code.
RULE 410.1: SERVICE BY PUBLICATION--EJECTMENT ACTIONS
Service by publication when appropriate shall be made by publishing the appropriate notice one (1) time in the Schuylkill Legal Record and a newspaper of general circulation in Schuylkill County. No further action can be taken until twenty (20) days after the date of publication. Proof of publication shall be filed in the Prothonotary's Office.
RULE 410.2: SERVICE--ACTION TO QUIET TITLE
Service by publication when appropriate, shall be made by publishing the appropriate notice one (1) time in the Schuylkill Legal Record and in a newspaper of general circulation in Schuylkill County. Said notice shall be in substantially the following form:
(CAPTION OF CASE) To _________________
(Name(s) of Defendant(s))You are notified that the Plaintiff(s) has/have commenced an action against you to quiet the title to the following land:
(Description)
If you wish to defend this action, you must enter a written appearance personally or by an attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
__________
(Name)
__________
(Address)
__________
(Telephone Number)(Note: For the office designated by the Court, See Sch.R.C.P. 1018.1)
(2) Service shall be complete upon appearance of the publication. Proofs of publication shall be filed before judgment or any other action is taken by plaintiff.
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[Continued from previous Web Page] RULE 410.3: SERVICE BY PUBLICATION OF ACTIONS FOR THE EXECUTION AND ENFORCEMENT OF JUDGMENTS AS REQUIRED BY 41 P.S. § 407
(b)(2) Service upon a defendant by publication of actions commenced in accordance with the requirements of the Act of January 30, 1974, P.L. 13, No. 6, § 407 as amended, (41 P.S. Section 407), when authorized by Pa.R.C.P. 400 et seq., shall be made by the Sheriff publishing once in the Schuylkill Legal Record and in one daily newspaper of general circulation within Schuylkill County a notice which shall be substantially in the following form:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SCHUYLKILL(CAPTION) TO _________________
(Name of Defendant)You are notified that __________
(Name of Plaintiff)
has commenced an action to execute on residential real property pursuant to a judgment entered by confession in the Court of Common Pleas of Schuylkill County, which judgment is entered to docket number ______ , (date) 19 __ . You are required to defend this action, which seeks to obtain possession of real estate which you own or in which you reside, which real estate is located at
_________________
(Street Address)
_________________
(City and State)and described as follows:
**NOTE: This published notice shall also include a Notice to Defend substantially in the form set forth at Pa.R.C.P. 430(b).
RULE 440: SERVICE OF PAPERS
(a) Unless otherwise provided by an Act of Assembly or Rule of Court, a copy of each paper filed in any case, other than the writ or complaint by which an action is commenced or other original process, shall be served by the party filing it upon all other parties to the litigation or their attorneys of record in Schuylkill County within forty-eight (48) hours after filing.
(b) Whenever any person, having been served with a petition, rule, notice, pleading or process, original or interlocutory, fails to appear in response thereto, proof of service of the same must be filed in the case before the Court will act thereon.
(c) All notices shall be in writing.
(d) Except as otherwise provided by Acts of Assembly, rule or special Order of Court, service by publication shall be made once in the Schuylkill Legal Record and in one (1) daily or weekly newspaper of general circulation within Schuylkill County.
ACTIONS AT LAW
PLEADINGSRULE 1018.1: NOTICE TO DEFEND
(c)(1) Schuylkill County Legal Services, 514 North Center Street, Pottsville, PA, 17901, (717) 628-3270, is designated as the organization or agency to be named in the notice to defend from which legal help can be obtained.
RULE 1019: CONTENTS OF PLEADINGS, GENERAL AND SPECIFIC AVERMENTS
Whenever any right, claim or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, or Rule of Court, the first pleading in which such right, claim or defense is asserted shall cite, for the information of the Court, the statute, ordinance, regulation or rule so relied upon.
RULE 1021: CLAIM FOR RELIEF
Whenever a party claims relief in the form of liquidated money damages, he shall, at the conclusion of his pleading, state the precise amount of damages claimed and, if entitled to interest, the date or dates from which interest thereon, or any part thereof, is claimed.
RULE 1028: PRELIMINARY OBJECTIONS
(a) All preliminary objections will be disposed of by one Judge on behalf of the Court, unless such objections are certified by the Judge to be of sufficient importance to require disposition by the Court en banc.
(b) Preliminary objections shall be accompanied by a memorandum of law in support of the objections. A certification of service thereof upon opposing counsel shall be filed within 10 days after the filing of the preliminary objections.
(c) Respondent's memorandum of law contra the preliminary objections shall be filed within 20 days after service of the brief of the moving party, and shall contain a certification of service upon the moving party.
(d) When the date for the filing of respondent's memorandum has passed, the Prothonotary shall deliver the preliminary objections, memorandum of law, and other file papers to the Court Administrator. The Judge to whom the preliminary objections are assigned may, if requested, set the matter for oral argument, or may dispose of the objections on the briefs submitted.
(e) Preliminary objections filed in domestic relations and paternity cases shall not be cause for delay in hearings or interviews scheduled by the Domestic Relations Office. Such objections will be determined by the Court when and if hearings before a Judge and/or a jury are required for adjudication of the issues involved in the petition or complaint. Defendant's brief will be filed with the objections and plaintiff's brief shall be filed 3 days before any scheduled hearing.
(f) In the event disposition of a preliminary objection requires fact finding, the filing party shall accompany the preliminary objections with a praecipe to transmit pursuant to Sch.R.C.P. 205.3, specifying that a hearing is required and the reasons the hearing is necessary.
RULE 1029: DENIALS. DEMANDS OF PROOF. EFFECT OF FAILURE TO DENY OR DEMAND PROOF
(a) In actions in which book accounts may be offered in evidence, if a copy thereof is attached to any pleading, it shall not be necessary to produce the books at the trial, unless a responsive pleading shall allege that the account or copy is incorrect, stating particulars, or that the books are not books or original entry, and shall demand the production of the books at the trial; otherwise, the copy shall be admitted as evidence without further proof.
RULE 1033: AMENDMENT
Pleadings amended before trial shall be executed, verified and filed in their complete amended form. Amendments to pleadings allowed at the trial need not be executed, verified and filed.
RULE 1034: MOTION FOR JUDGMENT ON THE PLEADINGS
A motion for judgment on the pleadings shall be accompanied by a praecipe for transmittal pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within twenty (20) days from the date of service of the original motion.
RULE 1035: MOTION FOR SUMMARY JUDGMENT
A motion for summary judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within twenty (20) days after service of the original motion.
ACTION TO QUIET TITLE RULE 1066: FORM OF JUDGMENT OR ORDER
(a) When judgment is given for a plaintiff in any action brought under Pa.R.C.P. 1061(b)(4), the Court will enter an Order directing a writ of possession to issue.
COMPULSORY ARBITRATION RULE 1301: SCOPE OF PROCEDURE
(a) All civil cases, where the amount in controversy (exclusive of interest and costs) is less than the compulsory arbitration amount for fourth class counties as set forth in the Judicial Code , including claims or mechanics liens and all appeals from a civil judgment of a District Justice, excepting those involving title to real property and those involving equitable or other than monetary relief, shall be submitted to compulsory arbitration.
(b) In addition, cases, whether or not at issue and without regard to the amount in controversy, may be referred to a Board of Arbitrators by an agreement of reference signed by all of the parties and their counsel. The agreement of reference may contain stipulations as to facts agreed upon or defenses waived. In such cases, the agreement of reference shall take the place of the pleadings and shall be filed of record.
(c) The Court, on its own motion or on the motion of either party at pre-trial settlement conference, after depositions, after hearing or otherwise, may determine that the amount actually in controversy does not exceed the compulsory arbitration amount as set forth at 42 Pa.C.S.A. § 7361(b) and may enter an order of reference to a Board of Arbitration.
RULE 1302: LIST OF ARBITRATORS, APPOINTMENT OF BOARD, OATH
(a) A list of available arbitrators shall be prepared annually by the Court Administrator, consisting of members of the bar actively engaged in the practice of law in the 21st Judicial District and who have not notified the Court Administrator in writing of his or her desire not to participate as an arbitrator.
(b) The Court Administrator shall appoint from said list three members to each Board of Arbitrators, at least one of whom shall have been admitted to the practice of law before the Supreme Court of Pennsylvania for more than five years prior to his or her appointment.
(c) Each Board shall be chaired by the member senior in years admitted to the practice of law in the 21st Judicial District.
(d) Not more than one member or associate of any firm or association of attorneys shall be appointed to the same Board.
(e) A member of a Board who would be disqualified for any reason that would disqualify a judge under the Code of Judicial Conduct shall immediately withdraw as an arbitrator. Any request for recusal of an appointed Board member shall be submitted to the Office of the Court Administrator within seven days of the appointment of the arbitrator setting forth specifically the reasons the Board member should not act an arbitrator. The Court Administrator shall immediately contact that member of the Board with regard to the request for recusal, and the Board members shall advise the Court Administrator as to whether or not voluntary withdrawal as an arbitrator will take place. In the event that the arbitrator does not voluntarily withdraw, the request for recusal shall be transmitted to the Court for appropriate action.
(f) Members of the Board of Arbitration will generally be assigned to a panel for a period of two consecutive days. Each associate member of the panel shall receive as compensation the sum of $175.00 per day for each day, or part thereof, served, and the chairperson shall receive the sum of $200.00 per day for each day, or part thereof, served on the arbitration panel. Fees paid to arbitrators shall not be taxed as costs nor follow the award as other costs.
RULE 1303: HEARING, NOTICE AND CONTINUANCES
(a) The scheduled dates for arbitration, which will generally consist of two consecutive days, shall be set forth on the annual court calendar as compiled by the Court Administrator, as well as such other dates as may be ordered by the President Judge as caseloads warrant. The Court Administrator shall designate the place, time, and specific date for hearings, and give at least 30 days written notice thereof to the arbitrators, the parties, or their attorneys of record.
(b) When a case is at issue, the case may be ordered upon the next available arbitration list by filing with the Prothonotary an arbitration certificate of readiness on or before 45 days preceding the next arbitration schedule. The Prothonotary shall promptly serve the certificate upon the Court Administrator. The certificate shall be on forms provided by the Prothonotary and shall contain the following:
1. the caption of the case;
2. name, address and phone number of trial counsel for all parties;
3. certification that all outstanding motions are resolved;
4. certification that discovery has been completed and disclosure made to the other parties of any and all reports to be utilized at the arbitration hearing.
5. a complete list of all witnesses who are to be called at the time of the arbitration hearing and an estimate of the time that will be required to present that parties portion of the case.
(c) Within 10 days of the notice of the arbitration hearing, any opposing party or opposing counsel shall submit a written report to the Court Administrator listing the names of their witnesses who will be used at the hearing and an estimate of the time required to present their case.
ONLY THOSE WITNESSES LISTED BY THE PARTIES, AND REPORTED AS REQUIRED IN THIS RULE, WILL BE PERMITTED TO TESTIFY AT THE ARBITRATION HEARING, UNLESS THE COURT DIRECTS OTHERWISE.
(d) Not less than 10 days prior to each arbitration hearing the parties shall file with the Office of the Prothonotary a memorandum, and serve a copy upon the opposing party or opposing counsel, which sets forth a narrative statement of the facts which will be offered into evidence by that party, a statement of the legal theory upon which the cause of action or defense is predicted, a statement setting forth an itemized list of the damages that a party intends to claim and prove, a rough sketch illustrating the incident given rise to the cause of action (where appropriate), and a statement of any unusual or intricate legal issues or claims together with citation of authorities relied upon.
(e) Arbitrators may not grant continuances. Applications for continuances of any scheduled arbitration hearing shall be made in writing and on the form provided by the Court Administrator, to the Court Administrator at least 20 days before such hearing and after reasonable notice of such application being given to the opposing party or opposing counsel. The application shall indicate the number of continuances previously requested, and whether or not the continuance is opposed.
Whenever any case has been continued twice after assignment of a board of arbitration, the case shall be certified by the Court Administrator to the President Judge or his designee, to rule upon the request for continuance. In the interest of expediting disposition of the case the judge may order a conference or enter an appropriate order including but not limited to an order for non pros or an order directing the board to proceed with hearing whether or not the defendant appears and defends.
Continuances within 20 days of an arbitration hearing shall not be granted without approval of the President Judge or his designees and only upon exigent circumstances. In the event of an emergency continuance, the Court may assess actual expenses against the moving party or counsel which may have been incurred by the Court or the opposing party. The actual costs which may include added arbitration fees, actual work loss, travel expenses, expert fees, etc., shall be certified to the Court by the party incurring such fees for appropriate consideration. Added arbitration fees may likewise be assessed where a late continuance results in the need for additional payment to a Board of Arbitration.
RULE 1305: CONDUCT OF HEARING/EVIDENCE
The chairman of the board of arbitration shall be responsible for the conduct of the hearing. The chairman shall make preliminary rulings on objections and evidentiary matters, which shall be binding unless overridden by a majority of the board of arbitration.
RULE 1306: AWARD, DAMAGES FOR DELAY
(a) Arbitrators shall not consider the subject of damages for delay until an award has been made on the merits of the case, including the determination of the amount of damages, if any, to be awarded.
(b) After the determination and announcement of the award on the merits and damages, the arbitrators shall make a determination as to any delay by:
1) Accepting a stipulation from the parties which contains the following:
a) whether an offer was made in writing;
b) the amount of the offer;
c) the date of the offer, or
2) If no stipulation is reached, the panel shall take evidence regarding damages for delay from counsel following the original deliberation and announcement of the award.
(c) The arbitrators shall separately enumerate the delay damages as to each party on the appropriate form, and then add this amount to the principal sum awarded in order to reach a total amount of award. Only the total amount shall be shown on the Report and Award but the computation form must be appended when the Award is filed.
RULE 1308: APPEAL COMPENSATION
(a) In filing an appeal, the appellant shall make payment to the Prothonotary for the compensation of the arbitrators. The compensation shall be determined by the Prothonotary of Schuylkill County by multiplying one-half of the total daily arbitration fee times the total number of half days, or parts thereof, necessary to conclude an arbitration hearing. The arbitrators shall note on the award the total number of half days or parts thereof, expended on each separate proceeding. The parties thereafter shall proceed as set forth in Sch.R.C.P. No. 212.1.
ACTIONS IN EQUITY RULE 1511: JUDGMENT UPON DEFAULT OR ADMISSION
(a) If a judgment is entered upon default or admission, the plaintiff shall submit to the Court a proposed decree for the Court's consideration when entering the appropriate decree.
RULE 1513: TRIAL. ADVISORY VERDICT BY JURY
(a) When any equity action is at issue, either party may submit the case to the Court for disposition on Prothonotary Form 205.3, unless the Court, on its own motion or on motion of a party, has entered an Order directing that all or some of the issues of fact be submitted to a jury in accordance with Pa.R.C.P. 1513.
(b) At any time prior to the date fixed for hearing or trial, the Court, on its own motion or on motion of either party, may schedule a conference to attempt to resolve the matter or simplify the issues.
RULE 1531: INJUNCTIONS
An application for an injunction shall be immediately transmitted by counsel to the Court Administrator for assignment to a judge for disposition.
RULE 1534: ACCOUNTING BY FIDUCIARIES
(a) Fiduciaries filing accounts with the Prothonotary shall comply with Pa.R.C.P. 1534 if applicable, and insofar as practicable, shall follow the procedure provided by the Orphans' Court Rules of the Supreme Court of Pennsylvania and of the Orphans' Court Division of the Court of Common Pleas of Schuylkill County, except as hereinafter provided in subsections (b) and (c). All duties imposed by said rules on the Register of Wills or Clerk of the Orphans' Court, as applicable for the particular account, shall be performed by the Prothonotary.
(b) If at the expiration of 30 days after the filing of said account, provided that notice shall have been given as required and proof hereof filed, no exceptions are filed to the account or to the proposed distribution, the account shall be confirmed absolutely as of course and the accountant shall make the distribution proposed and file in the Prothonotary's Office a release or satisfaction of award from the distributees.
(c) If exceptions are filed to the account or to the proposed distribution, the account shall be listed by the Prothonotary for audit before the Court following the expiration of 30 days from the date of filing the account, and the Court shall make such adjudication and order such distribution as shall be proper under the circumstances.
PARTITION OF REAL PROPERTY RULE 1568: PUBLIC SALE: NOTICE
(a) Except as therein provided by Act of Assembly or special Order of Court, notice of the time and place of sale of real estate at public auction by a master in partition shall be advertised by the master once a week for three successive weeks in the Schuylkill County Legal Record and in a newspaper of general circulation in the County. The first advertisement to be not less than twenty-one days before the date of sale. The master shall also post handbills of such advertisement, one on the real estate to be sold and not less than six additional handbills in as many other public places in the county. Whenever a property or properties so to be sold lie in different counties, publication of notice of sale shall be in such manner as the Court by special order may direct.
CLASS ACTIONS RULE 1703: COMMENCEMENT OF CLASS ACTION: ASSIGNMENT OF JUDGE
(a) Counsel for the plaintiff(s) shall immediately notify the Court Administrator that a class action complaint has been filed and shall forward a copy of the Complaint to the Court Administrator for assignment of the action to a judge.
RULE 1707: DISCOVERY PERTAINING TO CLASS ACTION ISSUES
(a) Whenever discovery is permitted with respect to the class action issues, the Order granting such limited discovery shall also indicate the period of time during which discovery shall be permitted. All parties are required to complete such discovery within that time period.
RULE 1710: DETERMINATION OF CLASS ACTION CERTIFICATION
(a) The presiding Judge may require the parties to submit proposed Findings of Fact and Conclusions of Law pertaining to whether or not the case should be certified as a class action.
RULE 1712:NORDER AND NOTICE OF CERTIFICATION AS CLASS ACTION
(a) After the entry of an order of certification of a class action, the presiding Judge shall conduct a Class Action Notice Conference at which all parties shall be represented for the purpose of considering the matters set forth in Pa.R.C.P. 1712.
(b) If at the time of the Class Action Notice Conference, the Court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for exclusion from the class.
(c) The proposed form of notice required by Pa.R.C.P. 1712(c) to be submitted for approval by the plaintiff to the Court and to all named defendants, must be submitted no later than fifteen (15) days prior to the Class Action Notice Conference.
RULE 1713: PRE-TRIAL OF CLASS ACTIONS
(a) In addition to the normal matters to be considered at pre-trial conferences, as set forth within these rules, a pre-trial conference conducted in a class action case shall consider the matters set forth in Pa.R.C.P. 1713.
PROTECTION FROM ABUSE RULE 1905: NOTIFICATION UPON RELEASE
(a) Notification upon release. The Warden of Schuylkill County shall notify the victim by contacting Schuylkill Women In Crisis sufficiently in advance of the release of the offender from any incarceration imposed under a Protection from Abuse action and/or contempt, and any criminal act between family or household members, sexual or intimate partners or persons who share biological parenthood.
Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody.
(b) The Warden of Schuylkill County shall immediately notify the Schuylkill Women In Crisis 24-hour hotline sufficiently in advance of the release of any defendant sentenced in accordance with subsection (a). Notification shall include transmitting the message by telephone and also faxing the release form which shall include the terms and conditions imposed on any temporary release from custody.
(c) The plaintiff must keep the Schuylkill Women In Crisis advised of contact information; failure to do so will constitute waiver of any right to notification under this section.
(d) It shall be the responsibility of Schuylkill Women In Crisis to promptly notify the victim of the release.
RULE 1906: CONTEMPT OF ABUSE ORDER
The procedure governing the enforcement of Protection from Abuse Orders is set forth at Sch.R.Crim.P.D.J. 130.1.
ACTIONS FOR SUPPORT RULE 1910.4: COMMENCEMENT OF ACTION
(c) If a claim for spousal support or child support is properly raised pursuant to Pa.R.C.P. 1920.31 and the Divorce Code, then:
(1) One (1) certified copy and two (2) photocopies of the pleading in which child or spousal support is claimed shall be filed by the party seeking such relief with the Domestic Relations Section within forty-eight (48) hours of its first filing in the Prothonotary's office.
(2) The Domestic Relations Section shall assign a support docket number (S.D. # ____ ) to the action, and thereafter all pleadings in the case shall contain both the civil number and the support docket number.
(3) Thereafter, the claim for child support or spousal support shall proceed as if initiated as an original action under Pa.R.C.P. 1910.5.
RULE 1910.10: ALTERNATIVE HEARING PROCEDURE
(a) The action shall proceed as prescribed by Pa.R.C.P. 1910.11 unless the Court has appointed a Hearing Officer in which case the action shall proceed as provided by Sch.R.C.P. 1910.12.
RULE 1910.11: OFFICE CONFERENCE. REQUEST FOR CONTINUANCE.
(a)(3) A request for continuance of a support conference shall be made in writing to the Domestic Relations Director on a form established by the Court. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, and the number of times the case has been previously continued. The Domestic Relations Director shall have authority to approve only one continuance request from each party. If the Domestic Relations Director denies a request for a continuance, he shall state the reasons for the denial on the written request.
(4) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the Court Administrator/President Judge.
RULE 1910.12: OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER.
(b) (1) If an agreement has not been reached by the parties, the court shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. 1910.26(e). Within ten (10) days after the date of the order, either party may demand a hearing before a hearing officer. If a demand for hearing is filed, the matter shall be assigned to the Hearing Officer for hearing and further proceedings in accordance with Pa. R.C.P. 1910.12.(b)-(g) and these rules. If no hearing is requested, the order shall become final.
(b)(1)(i) A request for continuance of a support hearing shall be made in writing to the Hearing Officer on a form established by the Court. The request shall include a statement of the reasons for the request, whether the other party is opposed or unopposed, and the number of times the case has been previously continued. The Hearing Officer shall have authority to approve only one continuance request from each party. If the Hearing Officer denies a request for a continuance, he shall state the reasons for the denial on the written request.
(b) (1) (ii) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the Court Administrator/President Judge.
(c) (3) The order may also specify the time within which such discovery must be completed.
(d) Within five (5) business days following the taking of testimony, the Hearing Officer shall file with the court a report containing a recommendation with respect to the entry of an order of support.
(f)(1) Within five (5) days of filing Exceptions to the Report of the Hearing Officer, pursuant to Pa.R.C.P. 1910.12(f), the party raising exceptions shall request a transcript of all of the testimony, pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of said transcript pursuant to Pa.R.J.A. 5000.6.
(2) If both parties file Exceptions to the Report of the Hearing Officer, they shall equally bear the cost of the transcript of the testimony.
(3) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law, the exceptions may be deemed to have been withdrawn and may be dismissed by the Court.
(4) Upon filing of the transcript of testimony, the file shall be delivered to the Court for disposition pursuant to Pa.R.C.P. 1910.12(h). Within ten (10) days of receiving notice of such filing with the Court, the moving party shall file a memorandum of law related to the issues raised in the exceptions, and shall within three (3) days serve a copy of such memorandum upon counsel or upon the opposing party, if not represented by counsel. The opposing party may within ten (10) days file an opposing memorandum.
RULE 1910.19: SUPPORT ORDER. MODIFICATION. REVIEW. TERMINATION.
(a)(1) A petition for modification or termination of an existing support order shall not request any relief other than modification or termination. The original and two (2) copies of the petition shall be filed with the Domestic Relations Section.
(2) Where the order which the petitioner seeks to modify was entered less than three (3) years prior to the filing of the petition, the petition shall specifically aver the reasons for the relief sought.
(3) Where a petition is filed pursuant to 23 Pa.C.S.A. § 4352(a), the petition shall allege the date of the entry of the order of support which the petitioner seeks to have reviewed and shall not request any relief other than review of the previous order. No specific change of circumstance need be alleged.
(4) The Domestic Relations Officer shall promptly schedule a conference pursuant to Pa.R.C.P. 1910.12, and shall serve a copy of the petition upon the responding party or such party's attorney of record.
(5) No answer to such petitions need be filed.
(6) After review of the information and evidence, the Conference Officer or the Hearing Officer will recommend to the Court that the current order be modified, or that the petition be dismissed in the event there is not a significant change in circumstances. The recommendation may result in any appropriate increase, decrease, modification or rescission of the prior order, as well as modification of other terms as authorized by law.
RULE 1910.21: CIVIL CONTEMPT
(a)(1) The Office of the Public Defender, 206 North Second Street, Pottsville, Pennsylvania, 17901, (717) 628-2420, is designated as the office to be named in the notice to plead.
RULE 1910.26: DESIGNATED OFFICE
(b)(1) For the office to be named in the Order of Court, refer to ''Sch.R.C.P. 1018.1.''
CUSTODY PROCEDURE RULE 1915.1(b): DEFINITIONS
These rules shall govern all actions for custody, partial custody, and visitation, including original actions, petitions to modify decrees, registration of foreign decrees and contempts. The rules shall be interpreted as supplementing the Rules of Civil Procedures governing custody actions Pa.R.C.P. 1915.1 et seq.
RULE 1915.3: COMPLAINT OF ACTION. COMPLAINT. ORDER.
(a)(1) The moving party shall file all pleadings, including petitions for modifications, special relief, contempt and preliminary objections, with the office of the Prothonotary and shall immediately transmit the original and two (2) copies to the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse for appropriate assignment. The moving party shall be responsible for service upon the adverse party pursuant to Pa.R.C.P. 412.
(b) If the custody claim is asserted in the divorce complaint, the moving party shall, after filing the divorce with the Prothonotary, provide three (3) copies, with the appropriate order attached as per Sch.R.C.P. 1915.15, to the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse for appropriate assignment. The moving party shall be responsible for service upon the adverse party pursuant to Pa.R.C.P. 412.
RULE 1915.3A: CUSTODY CONCILIATION
(1) The court shall appoint a member(s) of the Schuylkill County Bar Association, or other appropriate person, as an official of the Court to:
(a) conciliate custody cases filed with the Court;
(b) recommend to the Court interim Orders in appropriate custody cases which shall be in the best interest of the child;
(c) recommend appointment of counsel for the child;
(d) recommend the ordering of home studies, psycholigicals, or other evaluations by expert witnesses.
(2) All custody matters, not specifically reserved to the Court, shall be promptly scheduled for a conference before the Custody Conciliation Officer. All parties, and any child eleven (11) years or older for whom custody and visitation is sought, shall be present at the location of such conference. Failure of a party to appear at the conference may provide grounds for the entry of an Interim Order.
(3) To facilitate the conciliation process, and encourage frank, open, and meaningful exchanges between the parties and their respective counsel, statements made by the parties, or their witnesses shall not be admissible as evidence in Court. The Custody Conciliation Officer may not be a witness for any party.
(4) More than one (1) conciliation conference may be scheduled by the Custody Conciliation Officer, as that Officer deems necessary to conciliate the matter.
(5) If at the conclusion of the conciliation process the case remains contested, the Custody Conciliation Officer shall transfer the case to the Court for assignment to a Judge. As part of that transfer, the Custody Conciliation Officer shall file a report to the Court, with copies to the parties. The report may contain the following:
(a) procedural history;
(b) undisputed facts;
(c) disputed facts;
(d) summary of the conference(s);
(e) copies of expert opinions or other relevant documents;
(f) pertinent case law; and
(g) a recommendation for resolution.
The report will be filed with the Prothonotary, with the exception that copies of expert opinions or other documents shall only be provided to the Court and shall not be made part of the record.
(6) If the matter is transferred to the Court, the following information shall be provided to the Custody Conciliator by way of Pre-Trial Memorandum, within twenty (20) days of the last conciliation conference:
(a) a list of all fact witnesses;
(b) a list of all expert witnesses;
(c) issues for resolution;
(d) estimated length of trial;
(e) documentary reports from appropriate agencies;
(f) reports of experts intended to be called as witnesses which the Custody Conciliation Officer did not previously have in Officer's possession; and
(g) the manner to be utilized in presentation of expert witnesses or expert reports (i.e. stipulation of parties or presentation of testimony).
Failure to provide the information requested prior to trial, for the Conciliator or the Court, may be grounds for excluding the evidence or witnesses at trial.
RULE 1915.3B: CUSTODY CONCILIATION. POST-CONFERENCE PROCEDURE.
(1) If prior to or during the conciliation conference, the parties are able to reach an agreement, the conciliator will prepare a custody stipulation which shall be submitted to all parties for their signature. Upon the parties' execution of the stipulation, the Custody Conciliation Officer shall also sign the stipulation and prepare a proposed Order of Court and transmit the stipulation and order to the Court for disposition of the matter.
(2) Should the parties fail to reach an agreement at the conclusion of the conciliation process, the Custody Conciliation Officer shall submit the summary report to the Court for prompt assignment to a Judge, along with any other documents available. Once the assigned Judge has set a time and date for hearing of the matter, the parties will be so notified. The Court may schedule a pre-trial conference or immediately set a date for hearing.
RULE 1915.5: QUESTION OF JURISDICTION OR VENUE. NO RESPONSIVE PLEADING REQUIRED. COUNTERCLAIM.
(b) Only the issues set forth in Pa.R.C.P. 1915.5(a) may be raised by way of preliminary objections. Filing of preliminary objections shall be as set forth in Sch.R.C.P. 1915.3, and thereafter shall be governed by Sch.R.C.P. 1028.
(c) If a question of jurisdiction or venue is raised prior to the conciliation conference, such objections shall be referred by the Custody Conciliation Officer to the Court for disposition. Upon filing of preliminary objections with the Prothonotary, three (3) copies must be provided to the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse for assignment to the Court.
(d) Counterclaims, crossclaims or answers shall be filed with the Prothonotary prior to the conciliation conference, and a copy provided to the Custody Conciliation Officer.
RULE 1915.7: CONSENT ORDER.
(a) Consent Orders shall be filed with the Custody Conciliation Officer and shall be substantially in the form of the custody stipulation utilized by the Custody Conciliation Officer, which are available at the office of the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse.
(b) Consent Orders should not be filed with the Prothonotary but given directly to the Custody Conciliation Officer who shall review the consent orders and refer them to the Court, in conjunction with the Rules, for further disposition.
(c) Upon presentation of a consent order from the Custody Conciliation Officer, the court may, in its discretion, enter an Order without taking testimony.
RULE 1915.8: PHYSICAL OR MENTAL EXAMINATION OF PERSONS.
(e) The Custody Conciliation Officer shall maintain and, on request, provide counsel and the parties with a list of psychiatrists, psychologists, social workers, counselors, and the like, who are available for consultation, evaluation, and testimony in custody matters.
(f) In the event that ether psychological studies or home studies, or other evaluations, become necessary to a proper disposition of the matter, the cost of such studies may be assessed against the parties in a manner recommended to the Court to the Custody Conciliation Officer following the conciliation conference to the Court. Such a recommendation to the Court for assessment will be based on what the Custody Conciliation Officer believes to be in the best interest of the child and also what will facilitate the timely resolution of the matter, taking into consideration the parties' ability to pay. Upon a recommendation for evaluations from the custody Conciliation Officer, the Court will issue an Order requiring the evaluations and providing for the assessment.
RULE 1915.12: CIVIL COMPLAINT.
(a) Petitions for contempt of Custody Orders shall follow the procedure and form set forth in Pa.R.C.P. 1915.12. The petitioner shall complete a praecipe to transmit indicating that the matter is a contempt petition, shall list witnesses and time necessary for hearing and list the Judge who entered the Order to be enforced. Filing and transmittal shall follow Sch.R.C.P. 1915.3.
Upon receipt of service of a petition for contempt and the praecipe for transmittal the responding party shall, within five (5) days, submit a written report to the Court Administrator estimating the time required for presentation of respondent's case and a list of witnesses to be called.
RULE 1915.15: FORM OF COMPLAINT.
(b) In addition to the information required by Pa.R.C.P. 1915.15(a), each complaint or petition relating to child custody or visitation shall incorporate additional information and shall substantially be in the following format.
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
TWENTY-FIRST JUDICIAL DISTRICT OF PENNSYLVANIA:
:
vs.
:
CIVIL ACTION--LAW
:
:ORDER OF COURT You have been sued in Court to obtain custody, partial custody or visitation of the child(ren) named in the Complaint.
You are ordered to appear in person at Custody Office, Schuylkill County Courthouse, ______ at ______ o'clock .m. for a conference.
You are/are not further ordered to bring with you the child(ren) named in the Complaint.
If you fail to appear as provided by this Order, an order of custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER (and the attached papers) TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Schuylkill County Legal Services
514 North Centre Street
Pottsville, PA 17901
Telephone: (717) 628-3270BY THE COURT
__________
J.(a) In addition, to the Order of Court the Complaint must also contain a Notice of Custody Conference sheet substantially in the following format.
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
TWENTY-FIRST JUDICIAL DISTRICT OF PENNSYLVANIA: Plaintiff : : CIVIL ACTION--LAW vs. : : Defendant : CUSTODY NOTICE OF CUSTODY CONFERENCE TO:
Please be advised that a Custody Conference has been ordered for ______ at ______ o'clock .m. on the above-captioned matter; and, counsel, and interested parties are to report to Custody Office, Schuylkill County Courthouse in Pottsville, Pennsylvania, to appear before the Custody Conciliation Officer.
Enclosed is a copy of the Order of Court. Copies of it and the supporting pleading are to be served on all interested parties immediately. Promptly thereafter, an Affidavit of Service is to be filed with the Prothonotary. The original Order and the pleading have been filed.
All requests for a continuance of a CUSTODY CONFERENCE must be made on the APPLICATION FOR CONTINUANCE form, shall be filed with the Court Administrator; and a continuance will be granted only upon good cause shown. Forms are available from the Court Administrator's Office and Prothonotary Office of the Schuylkill County Courthouse.
Dated:
__________
CUSTODY CONCILIATION OFFICER
SCHUYLKILL COUNTY COURTHOUSE
POTTSVILLE, PA 17901
717-628-1330RULE 1915.17: CUSTODY CONFERENCE REQUEST FOR CONTINUANCE.
(1) A request for a continuance of a custody conference shall be made in writing to the Custody Conciliation Officer on a form established by the Court and available from the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse and from the Prothonotary. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, and the number of times the case has been previously continued.
(2) All requests for continuances of custody conferences shall be made at least four (4) working days prior to the scheduled custody conferences, unless unusual circumstances do not allow such a request. The unusual circumstances must be explained in writing.
(3) The Custody Conciliation Officer shall have the authority to approve only one continuance request from each party. If the Custody Conciliation Officer denies the request for a continuance for any reason, the Officer shall state the reasons for the denial on the written request.
(4) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the President Judge. It is that party's responsibility to advise the Custody Conciliation Officer of the appeal and of the President Judge's decision.
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[Continued from previous Web Page] ACTIONS OF DIVORCE OR ANNULMENT OF MARRIAGE RULE 1920.1: DEFINITIONS
(a)(1) As used in this chapter:
''additional issues'' shall mean any claim beyond the claim for divorce, or annulment, as follows:
(i) distribution of property,
(ii) alimony,
(iii) child support,
(iv) alimony pendente lite,
(v) counsel fees, costs and expenses, and
(vi) child custody or visitation;
''Associate Domestic Relations Master'' means those attorneys, who are members of the Bar of Schuylkill County, appointed by the Court to act as the Domestic Relations Master where the standing Domestic Relations Master shall have a conflict of interest or when the caseload prevents the standing Master from attending to all cases promptly;
''Domestic Relations Master'' shall mean that attorney(s), a member of the Bar of Schuylkill County who has actively practiced law for more than five (5) years and who during such practice has regularly represented clients in custody, support, and divorce actions, who has been appointed by the Court as Permanent Divorce Master and as the Permanent Hearing Officer of the Domestic Relations Section to hear support actions;
''moving party'' shall be that party who initially presents a motion for appointment of Master, notwithstanding that the opposing party may subsequently move for the Master to hear additional issues beyond the initial appointment; and
''qualified professionals'' shall consist of those persons or organizations, as defined by Section 104 of the Divorce Code, which have filed an application with the Court Administrator and which have been approved by the President Judge for listing in the Prothonotary's office.
RULE 1920.3: COMMENCEMENT OF ACTION
(a) If an action for divorce is filed separately during the pendency of an action for custody, partial custody or visitation between the parties, then the complaint shall be docketed to the same term and number as such custody matter.
(b) Any party filing a pleading with the Prothonotary which raises a claim for child support, spousal support, or alimony pendente lite in a divorce action shall, within forty-eight (48) hours thereof, file a certified copy and two (2) photocopies of same with the Domestic Relations Section, where it shall proceed in accordance with the practice and procedure of the Domestic Relations Section after being assigned a support docket number (S.D. # ____ ).
(c) Any party filing an action for divorce with the Prothonotary, where there is also an action for child support or spousal support pending between the parties, shall include the support docket number (S.D. # ____ ) in the caption. If any divorce pleading includes claims for child support, spousal support, or alimony pendente lite beyond the scope of the active support matter (based on change in circumstances or as a new issue), then a copy of the pleading shall, within forty-eight (48) hours, be filed with the Domestic Relations Section where it shall proceed in accordance with the practice and procedure of the Domestic Relations Section.
RULE 1920.4: SERVICE
(f) A true and correct copy of every pleading or other filing shall be sent by ordinary mail to the opposing counsel of record, or to a party where there is no counsel of record.
RULE 1920.11: PLEADING ALLOWED
(a) All actions for divorce or annulment shall be deemed at issue twenty (20) days after service of the Complaint.
RULE 1920.13: PLEADING MORE THAN ONE CAUSE OF ACTION, ALTERNATIVE PLEADING
(d) A claim for child support, spousal support, or alimony pendente lite, whether filed as a separate petition or as a count in the divorce complaint, shall conform to the requirements of Pa.R.C.P. 1910.26.
(e) A claim for custody, whether filed as a separate complaint or petition, or as a count in the divorce complaint, shall conform to the requirements of Pa.R.C.P. 1915.15.
(f) Once a divorce action has been commenced, a Complaint for Alimony Pendente Lite should be filed with the Domestic Relations Section. A fee of $15.00 shall be charged for this filing.
(g) The contents of the Alimony Pendente Lite complaints should conform to the Rules for the contents of a Support Complaint and should also provide the date and docket number of the previously filed divorce action.
(h) Upon filing of a Complaint for Alimony Pendente Lite in the Domestic Relations Section, a Praecipe shall be filed in the Prothonotary's office requesting the Prothonotary to note on its docket that an Alimony Pendente Lite claim has been filed with the Domestic Relations Section and docketed to S.D. No. ____ .
(i) Thereafter, the Alimony Pendente Lite claim shall proceed in the same manner as a Support Complaint, that is, first to a conference, then either by Agreement or Recommended Order, or Exceptions to a Hearing Officer.
(j) Enforcement and Modification of an Alimony Pendente Lite Order shall follow the same procedure as enforcement or modification of a Support Order.
(k) No award of Alimony Pendente Lite or of spousal support shall automatically continue after the entry of a divorce decree, whether the divorce action has been bifurcated or not. A recipient of Alimony Pendente Lite seeking to have the same continue after the entry of a divorce decree or a recipient of a spousal support seeking to convert it to Alimony Pendente Lite after the entry of a divorce decree shall file a complaint for Alimony Pendente Lite in the Domestic Relations Section of the Court.
RULE 1920.15: COUNTERCLAIM. SUBSEQUENT PETITION
(c) A claim for child support, spousal support, or alimony pendente lite, whether filed as a separate petition or as a counterclaim, shall conform to the requirements of Pa.R.C.P. 1910.26.
(d) A claim for custody, whether filed as a separate petition or as a counterclaim, shall conform to the requirements of Pa.R.C.P. 1915.15.
RULE 1920.16: SEVERANCE OF ACTIONS AND CLAIMS
(a) Where one or more additional issues are pending, a decree of divorce or annulment may be entered if the parties stipulate. A bifurcation stipulation shall include the following;
I understand that having a divorce entered prior to the disposition of additional issues poses substantial risks and may result in additional litigation. These risks have been thoroughly discussed with my attorney and I am willing to have the divorce decree entered prior to the disposition of any outstanding additional issues. I shall pursue any additional issues and claims without unreasonable delay.
(b) A bifurcation stipulation shall be signed by the parties and their respective counsel. A stipulation entered between unrepresented parties shall be approved only upon petition and hearing.
(c) Where the action is ready for the entry of a decree of divorce or annulment but bifurcation is opposed, the court may upon application and after hearing enter a bifurcation order if (1) neither party would be substantially economically prejudiced and (2) the opposing party is unreasonably delaying the entire action by failing to file required pleadings or failing to initiate other appropriate action.
RULE 1920.21: BILL OF PARTICULARS IN DIVORCE OR ANNULMENT. NON PROS
(a)(1) A Request for a Bill of Particulars shall be filed within twenty (20) days of the service of the Complaint.
RULE 1920.31: JOINDER OF RELATED ISSUES. CHILD SUPPORT. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES. EXPENSES. MODIFICATION OF ALIMONY. MODIFICATION OF ALIMONY PENDENTE LITE.
(d)(1) A request for counsel fees, costs and expenses, or modification of alimony, shall be made by petition. The petition shall include:
(i) petitioner's income and expense statement as prescribed by the rules of court;
(ii) a copy of petitioner's most recent federal income tax return;
(iii) a verification by the petitioner's employer of petitioner's wages for the past six (6) months;
(iv) petitioner's inventory and appraisement of property as prescribed by the rules of court; and
(v) a certification by counsel setting forth services rendered to date, including time expended and the services and time estimated to be rendered and the fee requested therefore, and a list of all expenses for which reimbursement is sought.
(2) A Respondent's answer to the petition shall include information similar to that required of the petitioner together with a concise statement of respondent's position in regard to the amounts claimed by petitioner and reasons why an award should not be entered as requested.
(3) After the petition is at issue, the petitioner or respondent shall move for the appointment of a Domestic Relations Master. The Master shall proceed as provided for in Pa.R.C.P. 1920.51 et seq. and these Rules.
(e) All payments in response to an Order of Court for child support, alimony, or alimony pendente lite shall be made through the Domestic Relations Office unless otherwise ordered by the Court.
(f) A petition for alimony pendente lite, and modification of alimony pendente shall be made through the Domestic Relations Office.
RULE 1920.34: JOINDER OF PARTIES
(a) No order staying the proceedings under this section or any other section of these rules shall be granted ex parte unless the Court deems it necessary.
RULE 1920.42: AFFIDAVIT AND DECREE UNDER SECTION 201(c) OR 201(d)(1)(i) OF THE DIVORCE CODE
(c) A praecipe presented under Pa.R.C.P. 1920.42(a) shall contain a certification by the presenting party or their counsel that advance notice of the presentation of the praecipe was delivered to the opposing party or to his attorney at least two (2) business days prior to filing, or was mailed to such party or to his attorney at least four (4) business days before filing. Where no appearance has been entered on behalf of the defendant, notice shall be served on the defendant in like manner as a complaint [see Pa.R.C.P. 1920.4. Service].
(d) There shall be attached to a praecipe presented under Pa.R.C.P. 1920.42(a) a proposed form for the final decree substantially in the form provided for in Pa.R.C.P. 1920.76.
RULE 1920.43: PETITION FOR SPECIAL RELIEF UNDER DIVORCE CODE
(a) All petitions for special relief under the Divorce Code shall be presented only to the Judge assigned to hear such petitions at the time of filing.
(b) The original and one copy of all such petitions shall be time stamped by the Prothonotary prior to presentation of said petition, and a copy of each such petition shall be provided to the Court Administrator contemporaneously with the presentation of the petition to the assigned Judge.
(c) No application for injunction or other special relief will be considered by the Court unless the factual reasons are set forth specifically and in detail in the pleadings and affidavits. The pleading or averring of conclusions will not be sufficient. Upon consideration of the pleadings and attached affidavits, the court may order that a hearing be held or grant such other relief as the Court may deem appropriate and necessary.
RULE 1920.45: COUNSELING
(e) If there is a request for counseling pursuant to the Divorce Code, and the parties cannot agree upon a Counselor, a qualified professional from the list maintained in the Prothonotary's office shall be appointed by either the Court where the matter has not yet been assigned to a Master, or by the Master, without leave of Court, where the matter has been referred to the Master.
RULE 1920.51: APPOINTMENT OF MASTER
(f) A motion for appointment of a Master shall contain a certificate by the moving party that all parties have complied with the filing requirements of Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46. Where no appearance has been entered on behalf of the defendant, service of advance notice shall be by first-class mail to the defendant's last known address.
(1) If Pa.R.C.P. 1920.31(a)(1) or 1920.33(a) are inapplicable, the moving party shall so certify in his motion. A Master shall not be appointed until the parties have either complied with Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 or the Court has made an Order under Pa.R.C.P. 4019.
(g)(1) Before presenting a motion for appointment of a Master, the moving party shall deposit with the Prothonotary the applicable Master's fees for the issues raised in the amount as set by Order of Court. The Prothonotary shall endorse the fact of such payment upon the proposed ''Order Appointing Master'' before same is submitted to the Court.
(2) No Master's fee shall be refunded after a pre-hearing conference has been held or continued under ''Sch.R.C.P. 1920.51(j)(2).''
(h) The Court, upon motion for appointment of Master, shall refer the matter to the Domestic Relations Master, designate the issues to be considered, and serve the Order of Appointment on the Master.
(i) Within ten (10) days of being served by the Court with the order of Master's appointment, the Domestic Relations Master may move the Court to have an Associate Domestic Relations Master appointed in his place for cause shown. The Court in its discretion, based on the averments of the motion, may deny the motion or may enter a modified order replacing the Domestic Relations Master with an Associate Domestic Relations Master. Where an Associate Domestic Relations Master is appointed, he shall proceed as provided for below.
(j)(1) The Master, within ten (10) days of being served with the order of Master's appointment, may give notice of the time and place for a pre-hearing conference, by first-class mail at least five (5) business days prior to the pre-hearing conference.
(2) A pre-hearing conference may be continued only for cause shown and upon approval of an ''Application for Continuance'' by the Court Administrator or Master.
(k)(1) Within twenty (20) days after the appointment of a Master by the Court, but no later than the pre-hearing conference, each party shall file a memorandum substantially in the form required by Sch.R.C.P. 212.2(b) prior to a pre-trial conference.
(2) Either party may include in their memorandum copies of documents, reports, bills, statements, or appraisals certified by competent expert witnesses, officials, or from governmental records which are to be offered into evidence. Unless objected to at the pre-hearing conference, same may be entered into evidence without further proof. If there are objections, then the evidentiary rules must be strictly complied with. However, should the documentary evidence objected to be substantiated at the time of hearing and it appears that the objections to the documentary evidence were in bad faith, the cost of producing the witnesses to substantiate such evidence may be assessed against the objecting party.
(l) At the pre-hearing conference the Master will review the following with counsel for the parties or, where a party has appeared without counsel, with the party:
(1) the respective positions of the parties on each claim, including those where settlement has been reached;
(2) discovery which has been completed, including the income and expense statements (see Pa.R.C.P. 1920.33);
(3) any documentary evidence to be presented at hearing under Sch.R.C.P. 1920.51(k);
(4) the witnesses each party proposes to call at hearing;
(5) all matters which may be stipulated by the parties at hearing; and
(6) such other relevant matters as should be raised by either of the parties or the Master.
(m) Following the pre-hearing conference, the Master shall:
(1) prepare a summary of the discussions and action taken at the pre-hearing conference;
(2) serve a copy of the summary on counsel for the parties, or where a party has appeared without counsel, on the party;
(3) include notice with the summary served that either party shall have ten (10) days to serve each other party and the Master with a countersummary addressed to such points as that party views differently than was noted in the summary by the Master and that at the expiration of said ten (10) days the Master's summary and any countersummaries properly served will be included as part of the record; and
(4) where it appears that discovery has not been completed, including specifically filing of income and expense statements, inventory and appraisal, and pre-hearing memoranda , the Master may proceed and deem the right to file waived, direct parties to complete discovery prior to the time set for hearing, direct that the discovery be completed and a second pre-hearing conference be scheduled, or move the court to vacate the Master's appointment with forfeiture of Master's fees paid.
(n)(1) In complex contested matters which require the hearing to be continued in progress, the Master may assess additional Master's fees of $100.00 per each additional hearing day. Each additional conference, beyond the first, shall be considered for these purposes as a hearing.
(2) Where additional Master's fees are assessed, the moving party shall deposit the fee with the Prothonotary and concurrently file a Praecipe substantially in the following form:
(CAPTION) PRAECIPE FOR DEPOSIT OF
ADDITIONAL MASTER'S FEETo the Prothonotary:
As directed by the Master in the above-captioned case, deposit the sum of $ ____ .00 for ______ additional Master's Hearing days in compliance with Sch.R.C.P. 1920.51(n).
__________
Attorney for (Plaintiff/Defendant)RECEIVED this day the sum of $ ____ .00, additional Master's fee in the above-captioned case.
__________
ProthonotaryRULE 1920.52: HEARING BY COURT. DECISION. DECREE
(e) Hearings by the Court shall be conducted as in actions at law tried by a judge without a jury in accordance with these Rules.
(f) A petition for the allowance of a jury shall be filed within ten (10) days after the action is at issue, unless the Court, upon a rule to show cause, shall extend the time.
RULE 1920.53: HEARING BY MASTER. REPORT
(d) The Master shall direct the examination of witnesses and the general course of the proceedings before him. Subpoenas for the attendance of witnesses before the Master shall be issued by the Prothonotary under the seal of Court. The Master shall cause a record to be kept of all proceedings before him. If objection is made to the admission of evidence, an offer and statement of purpose of said evidence, as well as the objection and its grounds, and the Master's ruling shall be noted in the record.
(e) The Master shall hold a hearing within sixty (60) days after the pre-hearing conference provided for in Sch.R.C.P. 1920.51(j); or, when he finds that counseling is required under Pa.R.C.P. 1920.45, within sixty (60) days after the expiration of the time for the completion of counseling under that Rule.
(f) The Master or Court Administrator may grant only one continuance of a hearing to a day certain to each party. However, the Master may continue any hearing in progress. Should it appear that the Master's hearing ought to be continued beyond the scope of this Rule, the Master, or either party, may move the Court for such continuance, after having given four (4) business days notice to the other parties and the Master.
The motion for continuance shall be made in writing to the President Judge on a form established by the Court by filing the form with the Court Administrator. The motion shall state the reason for the request, whether the other party or the Master is opposed or unopposed, and the number of times the case has previously been continued. If the Master is opposed to the motion, he shall state his reasons for opposition on the written form. However, the Master may continue any hearing in progress. Should it appear that the Master's hearing ought to be continued beyond the scope of this Rule, the Master, or either party, may move the Court for such continuance, after having given four (4) business days notice to the other parties and the Master.
(g)(1) In a contested case the testimony given at a Master's hearing shall be taken by an Official Court Reporter. The Court Reporter shall bill the moving party and shall serve a copy of the bill upon the Master.
Upon satisfaction of all fees by the moving party, the Court Reporter shall certify the transcript thereof and serve same upon the Master.
(2) Unless the Master shall raise objections within ten (10) days after the Court Reporter has served the transcript on him, the transcript shall be deemed certified by him.
(3) The Master shall file his report within thirty (30) days after the testimony has been served on him, or, if briefs are filed, within thirty (30) days after the final reply brief is due, unless upon cause shown, the Court shall extend the time therefore. However, the Master shall not be deemed served with the transcript until all Master's fees and Court Reporter fees have been satisfied by the moving party.
(h)(1) The testimony in an uncontested case shall be transcribed in question and answer form, shall be read by the witness, and shall be sworn to and signed by the witness in the presence of the Master. Before the Master shall certify such testimony he may examine the witness as to any answers given in such testimony and may demand that the testimony be supplemented, in writing, by answers to other specific questions, or under oath before an Official Court Reporter.
(2) The Master shall file his report within twenty (20) days after hearing or service upon him of the transcript by an Official Court Reporter after all fees have been satisfied.
(i) Should the Master fail to file his final report within the time specified in Sch.R.C.P. 1920.53(g) or 1920.53(h), there being no rule or other matter not disposed of, a party shall have the right to obtain a rule upon the Master to show cause why the final report should not be filed promptly. If no good cause is shown, and if no report is filed, the Court shall take appropriate action promptly. No action taken hereunder by a party shall adversely influence the Master against that party, and the willful violation of this admonition shall result in the removal of the Master from consideration for appointment as a Master thereafter, any other disciplinary and remedial action that the Court may feel appropriate under the circumstances, or both.
(j) The Master shall enclose the papers in the case in a strong paper backer arranged in the following order:
(1) Recommendation as to the form and content of the final decree as to the divorce or annulment and for the disposal of related claims;
(2) In an uncontested case, the Master's report in the form required by Pa.R.C.P. 1920.53(c) and in a contested matter, in the form required by Pa.R.C.P. 1920.53(b);
(3) Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time;
(4) Exhibits, if any, which are not included with the transcript;
(5) Docket entries;
(6) Record papers in the case; and
(7) A certificate of service of the Notice required by ''Sch.R.C.P. 1920.55.''
RULE 1920.55: MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE
(d) In all cases, whether contested or uncontested, the Master shall serve written notice upon counsel of record for the parties, or by first class mail to the last known address of any party not represented by an attorney of record, of the Master's intent to file his report with the Prothonotary on a date certain and that all exceptions to the report shall be filed within ten (10) days from the date of filing of the Master's report. This notice shall be substantially in the form provided for in Sch.R.C.P. 1920.55(e) and shall have attached thereto a copy of the Master's report and the proposed decree.
(e) Notice of filing Master's Report shall be substantially in the following form:
(CAPTION) NOTICE OF PROPOSED FILING OF MASTER'S REPORT AND THE TIME IN WHICH TO FILE EXCEPTIONS Dear Counselor (or party pro se):
The report of the Master in the above entitled case will be filed in the office of the Prothonotary on ______ , 19 __ .
The Master recommends in his report, which is enclosed, that a final decree in divorce (or annulment) be entered on the grounds of ______ (or that the complaint be dismissed). (and that the related issues be disposed of according to the proposed ''Order of Court'' enclosed herewith).
You are hereby notified that written exceptions to the report of the Master must be filed with the Prothonotary within ten (10) days from the date of filing of the report or a final decree may be entered by the Court without further notice.
(signature)
__________
MASTER(f) As a final item in the report, the Master shall certify that the notice, with proposed decree and report enclosed, required by this Rule have been served on the parties or their counsel at least four (4) business days prior to the filing of the report.
(g) After the Master's report has been on file ten (10) days in the office of the Prothonotary and no exceptions filed, the Prothonotary shall transmit the Master's report to the Court for review.
(h) A party filing exceptions to the Master's Report shall contemporaneously file a praecipe for transmittal pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record. The moving party shall, within twenty (20) days of filing the exceptions, file a brief in support of said exceptions. The answer and brief of any opposing party shall be filed within twenty (20) days after service of the brief of the moving party.
(i) If both parties file exceptions to the Master's Report, the exceptions shall be consolidated for consideration by the Court without the necessity of filing a second praecipe. The briefing requirements of Sch.R.C.P. 1920.55(h) shall also apply to this section. For purposes of complying with the briefing schedule, each party shall be considered the moving party with respect to the exceptions filed by that party and the responding party to the exceptions filed by the opposing party.
(j) In all cases where the related claims include one or more issues from alimony, alimony pendente lite, and child support, it shall be the responsibility of the recipient to notify the Domestic Relations Section of such Order.
RULE 1920.62: PROCEEDINGS BY INDIGENT PARTIES
(d) The Court may hear testimony, or upon its own motion or the motion of either party, may appoint the Domestic Relations Master to hear testimony and return the record and the transcript of the testimony to the Court, together with a report and recommendation upon petition as provided for in Pa.R.C.P. 1920.62(a).
(e) Upon being served with an order for appointment as a Master on a petition by a party averring inability to pay all or part of the costs of the action, the Master shall, within ten (10) days, give notice of the time and place for hearing on the petition to the parties. Such hearing shall be held not less than ten (10) days nor more than thirty (30) days after notice is served on the parties by the Master.
(f) The Master shall file a transcript of the testimony together with his report and recommendation within thirty (30) days after receipt of the transcript. Upon filing, the Master shall immediately send notice, substantially in the form required by ''Sch.R.C.P. 1920.55(c),'' of the filing of the report to each party and accompany the notice with a copy of the report and recommendation.
(g) After the filing of the Master's Report, the procedure provided for in ''Sch.R.C.P. 1920.55(g) '' et seq. shall be followed.
RULE 1920.71: FORM OF NOTICE
(a) The following shall appear at the beginning of the Notice to Defend and Claim Rights as provided for in Pa.R.C.P. 1920.71:
(CAPTION) You have been sued in Court for:
[ ] Divorce
[ ] Annulment
[ ] Distribution of
[ ] Alimony
Property
[ ] Alimony pendente lite
[ ] Child Support
[ ] Counsel fees, costs,
[ ] Custody/Visitation
and expenses(b) For the office to be named in the notice to defend and claim rights, refer to Sch.R.C.P. 1018.1.
RULE 1920.74: FORM OF MOTION FOR APPOINTMENT OF MASTER. ORDER
(b)(1) The order appointing a Master shall be substantially in the following form:
(CAPTION) AND NOW,______ , 19 __ , ______ , Esquire, is appointed Master with respect to the following claims:
[ ] Divorce
[ ] Annulment
[ ] Distribution of
[ ] Alimony
Property
[ ] Alimony pendente lite
[ ] Child Support
[ ] Counsel fees, costs,
[ ] Custody/Visitation
and expensesBY THE COURT:
__________
J.MINORS AS PARTIES RULE 2032: FILING AFFIDAVIT AS TO AGE
(a) A party, required to file the affidavit under Pa.R.C.P. 2032, shall do so within twenty (20) days from the date of service of the Rule.
RULE 2039: COMPROMISE, SETTLEMENT, DISCONTINUANCE AND DISTRIBUTION
(a) No settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries, and such further information as the Court shall deem necessary, provided, however, that if the petition of the guardian for the compromise of a minor's action is accompanied by (a) a written report of a physician; (b) a statement under oath by the guardian certifying (i) the present physical or mental condition of the minor, and (ii) approval of the proposed settlement and distribution thereof; (iii) a statement by counsel of his professional opinion of the probabilities of proof of defendant's negligence by plaintiff and the minor's negligence, if any, by defendant; and (iv) in the event that the minor is sixteen (16) years of age or over, his or her written approval of the proposed settlement and distribution thereof; the Court may approve the petition without requiring the appearance of the minor, his guardian or his doctor, in the event that the Court concludes that the information contained in the petition is sufficient to satisfy it that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred.
(b) If the case has already been assigned to a trial judge, the petition shall be submitted to that judge. All other petitions under the rule will be filed with the Prothonotary and shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3.
INCAPACITATED PERSONS AS PARTIES RULE 2059: NOTICE TO INCAPACITATED PERSONS OF APPLICATION FOR GUARDIAN AD LITEM
(a) In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incapacitated person, a copy of the petition and stay order issued thereon shall be served personally on the incapacitated person immediately upon the filing of the petition.
RULE 2064: COMPROMISE, SETTLEMENT, DISCONTINUANCE AND DISTRIBUTION IN ACTION INVOLVING AN INCAPACITATED PERSON
(a) The praecipe upon the presentation of a petition pursuant to Pa.R.C.P. 2064 shall be the same as that prescribed under Sch.R.C.P. 2039.
ACTIONS FOR WRONGFUL DEATH RULE 2205: NOTICE TO PERSONS ENTITLED TO DAMAGES
(a) The notice prescribed in Pa.R.C.P. 2205 shall name the decedent, the court, file number of the action, and state that, if the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such person may petition the Court to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or a personal representative of the decedent.
(b) An affidavit of service of such notice shall be filed in the Prothonotary's Office within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed is returned to the plaintiff.
JOINDER OF PARTIES RULE 2232: DEFECTIVE JOINDER. CHANGE OF PARTIES
(a)(1) Where notice of the pendency of an action to recover damages for an injury, not resulting in death, inflicted upon the person of a wife or a minor is given by the defendant under Pa.R.C.P. 2232(a), it shall be given within twenty (20) days after service upon him of the complaint, unless the Court, on petition, permits the giving of notice on a later date.
(2) The notice shall state the court, and docket number of the action, the parties thereto and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice, or his cause of action will be barred and the action will proceed without him.
(b)(1) Application under Pa.R.C.P. 2232(b), to drop from the record a party who has been misjoined or against whom no claim for relief is asserted in the action, shall be by motion and served on all other parties.
(c)(1) Application under Pa.R.C.P. 2232(c), to join as a party any other person who could have joined or could have been joined as such in this action, shall be by motion and served on all other parties.
RULE 2959: OPENING JUDGMENTS
(a) A petition for a rule to show cause why a judgment by default for want of an answer should not be opened, must have attached to it a copy of the proposed answer to the complaint if an answer is required under the Pennsylvania Rules of Civil Procedure.
(b) The petition to strike off or open a judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3 requesting the issuance of a rule to show cause. If a rule to show cause is issued the parties shall immediately proceed to develop any necessary factual evidence by deposition. When the matter is ripe for disposition either party may transmit the case to the Court by filing a praecipe for transmittal pursuant to Sch.R.C.P. 205.3, indicating that the issue may be disposed of on the record.
RULE 3104: LIS PENDENS
(a) The Prothonotary shall index on the judgment index in his office all proceedings, (1) for specific performance of an agreement to purchase or sell real estate, (2) in lunacy or habitual drunkenness, (3) to revive and continue the lien of debts against a decedent's real estate, (4) to declare void any agreement, deed, or other paper conveying or vesting title to real estate, or (5) any proceeding by which purchasers of real estate would be deemed to have had constructive notice. In each case all owners of the land as indicated by the pleading filed shall be indexed as defendants.
RULE 3112: SERVICE BY PUBLICATION FOR THE ENFORCEMENT OF JUDGMENTS FOR PAYMENT OF MONEY
(a) When service by publication may be had under Pa.R.C.P. 3112(c), the plaintiff may cause service to be made by publication once in the Schuylkill Legal Record and in one (1) newspaper of daily circulation in Schuylkill County of a notice which shall be in substantially the following form:
NOTICE IF HEREBY GIVEN TO ______ that on______ a writ of execution issued against real property of ______ held in your name and described as follows:
Said writ issued on JUDGMENT No. ______ , 19 __ . You are directed to notify ______ that the plaintiff issued an attachment execution against you which ______ is/are require to defend.
RULE 3130: NOTICE OF SALE OF SECURITIES
(a) When notice to a defendant of the sale of securities is required by Pa.R.C.P. 3130, such notice may be given by the Sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the Sheriff's Office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom sale will be made, and the date when the securities will be offered for sale.
DEPOSITIONS AND DISCOVERY RULE 4007.1: EXAMINATION BY ORAL DEPOSITION
(a) In every civil action filed in Schuylkill county, unless otherwise ordered by the Court, all discovery by deposition on oral examination of fact witnesses shall be conducted within Schuylkill County.
RULE 4007.2: WHEN LEAVE OF COURT REQUIRED/COMPLETION OF DISCOVERY
(b) After a case has been certified as ready for arbitration or trial pursuant to these rules there shall be no discovery proceeding whatsoever except upon order of court, or by agreement of counsel which does not result in delay of the case.
RULE 4009: PRODUCTION OF DOCUMENTS
(a) Unless otherwise ordered by the Court, a ''place'', in order to be deemed reasonable for purposes of Pa.R.C.P. 4009(b)(1), shall be located within Schuylkill County.
RULE 4011: LIMITATIONS OF SCOPE OF DISCOVERY AND INSPECTION
(a) A party who has given a signed or electronically recorded statement to another party shall not be required to submit to deposition for discovery by such other party with respect to the subject matter of such statement unless he has been furnished with a copy of such statement not less than forty-eight (48) hours prior to the deposition.
(b) The term ''party'' as used herein means (1) a party to the litigation; (2) any officer, director or managing agent of a party; and (3) any agent or employee of a party where the conduct of such agent or employee is within the subject matter of the issues set forth in the pleadings.
(c) A ''statement'' within the meaning of this rule shall include a signed statement, a recorded interview or transcript of any such recorded interview.
RULE 4015: PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
(a) Letters rogatory, substantially in the following form, may be issued on the application of either party:
COURT OF COMMON PLEAS OF
SCHUYLKILL COUNTY, PENNSYLVANIATo the Appropriate Judicial Authority in __________
Whereas a certain suit is pending before us, in which A.B. is plaintiff and C.D. is defendant, and it has been suggested to us that there are witnesses residing within your jurisdiction, without whose testimony justice cannot completely be done between the said parties; we, therefore, request that you, in furtherance of justice, will by the proper and usual process of your court, cause such witness or witnesses as shall be named or pointed out to you by the said parties, or either of them, to appear before you or some competent person by you for that purpose to be appointed and authorized, at a time and place by you to be fixed, and there to answer on their oaths or affirmations, to the several interrogatories hereunto annexed; and that you will cause their testimony to be committed to writing, and returned to us under cover duly closed and sealed, together with these presents; and we shall be ready and willing to do the same for you in similar case when required.
Witness, etc.
RULE 4017.1: OBJECTIONS DURING VIDEOTAPE DEPOSITION
(a) Objections made during videotape depositions shall be made only upon the stenographic record and not on the video/audio tape portion of the record.
(b) Upon objection made during videotape deposition, the tape operator shall announce on camera that the tape is being turned off; the operator shall then pause the tape during argument on the objection; upon completion of the argument, the tape operator shall resume taping and announce on camera that taping has resumed.
REVISED RULES
of
CRIMINAL PROCEDURE
in the
Court of Common Pleas
of Schuylkill County
Twenty-First Judicial District
Commonwealth of PennsylvaniaRULES OF CRIMINAL PROCEDURE
FOR COMMON PLEASRULE 4: CITATION OF RULES
(a) These rules shall be known as Schuylkill Rules of Criminal Procedure. They may be cited as ''Sch.R.Crim.P. No. ____ ''.
RULE 141: PRELIMINARY HEARING: TRANSCRIPTS
(a) Whenever a court stenographer prepares a transcript of the testimony of witnesses at a preliminary hearing, said stenographer shall furnish a copy of the transcript to the District Attorney.
RULE 176: MOTION FOR A.R.D. DISPOSITION
(a) In all cases in which a defendant charged with violation of 75 Pa.C.S.A. § 3731 (Driving Under the Influence) seeks a special handling by way of A.R.D., the District Attorney shall arrange with (1) the Drug and Alcohol Clinic at the Good Samaritan Hospital for examination and evaluation, and (2) the Adult Probation Department for an investigation of prior criminal history.
Reports prepared by the Drug and Alcohol Clinic and the Adult Probation Department shall be delivered to the District Attorney and shall be subject to inspection by the District Attorney and defense counsel. Such reports shall become part of the defendant's probation department file. All such reports shall be submitted along with the necessary A.R.D. forms to the Criminal Court Administrator on the cutoff date for submission of paperwork for negotiated pleas as established by the published Court Calendar.
(b) The A.R.D. motions for defendants who have been recommended by the District Attorney for the Fast Track A.R.D. Program shall be heard on the dates published for Fast Track A.R.D. in the Court Calendar.
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[Continued from previous Web Page] RULE 185: PROCEDURE FOR OBTAINING ORDER UPON SUCCESSFUL COMPLETION OF A.R.D. PROGRAM
(a) Whenever a defendant is placed under the Accelerated Rehabilitation Disposition Program and he shall have satisfactorily completed the program provided for him and complied with its conditions, the Probation Office of Schuylkill County, upon filing of an affidavit by the defendant, shall file a report with the Court Administrator and a copy with the District Attorney, the latter of whom shall within thirty (30) days if he has objection to the dismissal of the charges, file such objection with the Clerk of Courts, serving a copy thereof on the defendant and his attorney. If such objections are filed, the Court shall proceed to hear the case under Pa.R.Crim.P. No. 184.
If no objections are filed within the thirty (30) day period, the Clerk of Courts shall endorse upon the report of the Probation Office as follows: ''No objection having been filed within thirty (30) days by the District Attorney, the charges contained in the information filed against the defendant, as a result of which he was placed under the A.R.D. Program on ______ , are hereby dismissed''. The Clerk shall present said report with its endorsement to the sentencing Judge for signature.
(b) The Clerk of Courts shall furnish the Probation Department with a list of the cases under A.R.D. where the probationary period has heretofore expired and where petitions to dismiss have not been filed. The Probation Office shall review its files and make the required reports as set forth under subsection (a) of this Rule, so that appropriate cases may be dismissed.
RULE 225: INFORMATION: FILING, CONTENTS, FUNCTIONS
(e) Promptly after receipt of transcripts in court cases, the Clerk of Courts shall forward copies of the same to the District Attorney. The District Attorney shall make such investigation as he deems appropriate and shall then prepare the information for filing against the defendants. The District Attorney shall file with the Clerk of Courts on the second and last Mondays of each month the informations he has prepared by said dates.
RULE 301: CONTINUANCES
(a) Motion by Defendant
Motions for Continuance by the defendant shall be in writing, upon forms approved by the Court, executed by the defendant and his attorney. At least twenty-four (24) hours advance notice of the presentation of said motions shall be given to the District Attorney. The motion shall be filed with the Clerk of Courts and contemporaneously a copy shall be served on the District Attorney by the defendant. The defendant will be obliged to appear in Court, with counsel, to waive the time requirements under Rule 1100. The Clerk of Courts shall forward all motions for continuance to the Court Administrator, who shall list the motion for hearing on the date when continuance requests shall be heard in accordance with the published Court Calendar.
RULE 302: DUTIES OF COUNSEL
Every counsel of record in a criminal case shall be timely present for each hearing, conference or other court proceeding involving his or her client as scheduled pursuant to the provision of these rules, or as the Court may otherwise direct. It shall further be the duty of counsel to promptly notify the client of the date, time, place and duty to be present at each proceeding involving the client's case until such time as the case has been disposed of by verdict, plea or Order of Court. Counsel who fail to comply with this rule may be held in Contempt of Court.
RULE 303: ARRAIGNMENT
(a) Every defendant who shall be held for Court by the District Justice, at the conclusion of the preliminary hearing or at the time he waives his preliminary hearing, shall be furnished with a notice of arraignment form by the District Justice. The form shall advise defendant of the time periods wherein he may commence discovery and file an omnibus pre-trial motion in Court. He shall further be given notice that he has the right to waive appearing for formal arraignment in the District Attorney's Office.
In the event he desires to waive formal arraignment, he and his attorney, if any, shall execute the form provided for that purpose by the District Justice, and said form shall be returned to Court with the transcript of the case by the District Justice. The date of arraignment will begin the running of the time for the exercise of defendant's pre-trial rights.
In the event the defendant does not waive his arraignment, the District Attorney, upon filing the information, shall give the defendant notice of arraignment by first class mail, addressed to defendant's last known address of record, arraignment to be held at the District Attorney's Office the following Monday morning at 9:30 a.m.
At the time the District Attorney mails the arraignment notices, he shall give the Public Defender a list of those defendants who are scheduled for arraignment. The Public Defender shall assign one of his attorneys to meet with the District Attorney on the day of arraignment to represent those defendants who are not represented by counsel. Such representation shall be solely for the purpose of arraignment and shall not constitute an entry of appearance.
If a defendant fails to appear for arraignment, the Court, upon motion of the District Attorney, may issue a bench warrant for the defendant.
RULE 305: PRE-TRIAL DISCOVERY AND INSPECTION
Defense counsel desiring pre-trial discovery and inspection under Pa.R.Crim.P. No. 305 shall make an appointment and hold an informal conference with the District Attorney's Office within fourteen (14) days after arraignment for that purpose. The District Attorney's Office shall make available all information not in dispute to the defendant. Should the defendant request copies of any items of information, same shall be at the expense of the defendant. At that conference, in addition to discussing discovery sought, the parties may discuss possible plea negotiations.
RULE 306: CONTENTS OF OMNIBUS PRE-TRIAL MOTIONS
(a) All omnibus pre-trial motions shall state specifically and with particularity the following:
(1) type of relief requested;
(2) grounds for relief requested;
(3) facts and events in support thereof; and
(4) citations or law in support thereof.
All motions for pre-trial disclosure or discovery shall set forth the fact that an informal conference to discuss the requested material has taken place and proved unsuccessful.
RULE 307: TIME FOR OMNIBUS PRE-TRIAL MOTIONS
All omnibus pre-trial motions shall be filed within thirty (30) days after arraignment in accordance with Pa.R.Crim.P. No. 307. The defendant shall file the original with the Clerk of Courts and contemporaneously serve a copy on the District Attorney. The Clerk of Courts shall forward all motions to the Court Administrator for assignment to a judge. In those cases where the defendant acquires new counsel, either through appointment or through the resignation of his original counsel, the new counsel shall have no more than thirty (30) days from his appointment or employment to file such omnibus pre-trial motion as he may deem necessary. Only one extension of time shall be permitted.
RULE 319.1: PLEAS AND PLEA AGREEMENTS
(a) The District Attorney shall prepare the sentencing guideline forms provided by the Court as soon as practicable after the informations are lodged, setting forth the sentences required by the guidelines if a plea of guilty is entered by the defendant, and shall forward this material to defense counsel. Counsel for defendants who wish to engage in plea negotiations shall promptly thereafter schedule a meeting with the District Attorney.
(b) In those cases where no plea agreement has been made, a plea negotiation conference shall be held. At said conference, the District Attorney assigned to the case and prosecuting officer or an officer from his department with authority to resolve the case shall meet with the defendant and defense counsel with the end in view to determine whether they can arrive at a plea agreement. The victim shall be notified and given an opportunity to attend and participate in the negotiations.
(c) If the parties arrive at a plea agreement, the defense counsel or defendant shall complete the form for entry of a written guilty plea available at the office of the District Attorney and promptly return it to that office. The District Attorney shall promptly forward the written guilty plea together with a copy of the information against the defendant, a report of the defendant's prior criminal record, and a list of maximum penalties and sentence guidelines for each charge to the Criminal Court Administrator. When the charge is D.U.I., a copy of the CRN shall also be provided to the Court.
Each written guilty plea shall be accompanied by a ''Guilty Plea Certification'' completed and signed by the District Attorney and defense counsel, certifying to the Court that the defendant's guilty plea has not previously been presented to the Court, or specifying the date when the plea was presented and identifying the judge who rejected the plea. Counsel who fail to comply with this rule may be held in contempt of Court.
Only those negotiated pleas and motions for A.R.D. for which the required documents are received by the District Attorney before 4:00 p.m. on the ''plea paperwork cutoff'' date as published in the Court Calendar for a particular term of Court will be considered by the Court during that term of Court. A defendant whose paperwork is not received by the cutoff may proceed to trial, request a continuance to the next term of Court, or enter a general plea of guilty without agreement as to sentence.
The District Attorney must forward all paperwork for negotiated pleas and motions for A.R.D. to the Criminal Court Administrator on the date established for transmittal as published in the Court Calendar.
The Criminal Court Administrator shall assign all guilty pleas and motions for A.R.D. among the judges who will hear those cases. Except for a plea of guilty entered after commencement of trial, the Court shall accept no guilty plea or A.R.D. motion unless scheduled and assigned by the Criminal Court Administrator.
(d) All guilty pleas and motions for A.R.D. for which the paperwork has been timely submitted to the Criminal Court Administrator shall be heard on the date scheduled for guilty pleas in the published Court Calendar.
(1) The pleas of all defendants who are incarcerated at that time shall be heard on the published prisoner plea date at 9:30 a.m.
(2) The pleas of all defendants who are not incarcerated and are represented by the Public Defender or have no counsel shall be heard on the published guilty plea date at 9:30 a.m.
(3) The pleas of all defendants who are not incarcerated and have retained private counsel shall be heard on the published guilty plea date at 1:30 p.m.
(e) General pleas of guilty entered after the dates in subsection (d) shall be scheduled by the Criminal Court Administrator at the direction of the President Judge.
RULE 1100.1: REPORT OF CASES READY FOR TRIAL
By 4:00 p.m. on the day after the District Attorney must transmit the plea paperwork to the Criminal Court Administrator, as published on the Court Calendar, the District Attorney shall prepare and submit to the Criminal Court Administrator a report listing all cases in which the District Attorney is prepared to go to trial during that term of Court (including those in which the defendant has indicated an intent to request a continuance). This list shall constitute the trial list for that term of Court. Thereafter no case may be removed from or added to the trial list without leave of Court.
Pretrial conferences with a member of the Court shall be conducted at 9:30 a.m. on the pretrial conference date as published in the Court Calendar for all cases remaining on the trial list by that date. The conference shall be attended by the assigned assistant district attorney and defense counsel. Pro se defendants must also attend. A victim may be present, if the victim desires to attend.
It shall be the duty of each party, prior to the pretrial conference, to verify the availability of all necessary witnesses for trial. The Court may decline to consider scheduling problems and requests which are not brought to the Court's attention at the pretrial conference.
RULE 1123: POST-SENTENCE MOTIONS
(a) Post-sentence motions shall be filed and served promptly on the Trial Judge and opposing counsel. The Trial Judge may schedule a conference to review the record and fix a briefing schedule.
(b) All motions requesting the appointment of a panel sitting as a court en banc shall be presented to the President Judge.
(1) Transcript of Court Trial
When directed by the Court, the transcript of the testimony of the trial of a criminal case shall be filed with the Clerk of Courts. The clerk shall make said transcript available to defense counsel and to the District Attorney, respectively, for a two (2) week period of time for preparation of briefs.
RULE 1124: JUDGMENT OF ACQUITTAL MOTION
(a) Any motion for judgment of acquittal shall follow the procedure set forth at Sch.R.Crim.P. 1405.
RULE 1405: PROCEDURE AT SENTENCING
(a) Motions for extraordinary relief.--Any defendant seeking to present an oral motion for extraordinary relief pursuant to Pa.R.Crim.P. 1405(B) shall file of record and serve upon the Commonwealth a written request briefly setting forth the rational for the relief including an explanation as to why immediate relief is essential. Only upon a prima facie showing that alleged errors are so manifest that immediate relief is essential will leave be granted to present the oral motion for judgment of acquittal/arrest of judgment/new trial. The application to the Court shall be captioned ''Application for Leave to Argue Oral Motion for Extraordinary Relief'' and shall ask for leave to present and argue the merits set forth in the application.
RULE 1407: FINES OR COSTS OR RESTITUTION
(a) If at the time of sentencing the Court determines the defendant is without the financial means to pay the fines or costs or restitution immediately or in a single remittance, the Court may provide for payment of said monies in such installments and over such period of time as is deemed just and practicable by the Adult Probation Office and/or Schuylkill Collection Bureau, taking into account the financial resources of the defendant and nature of the burden its payments will impose.
(b) In any case in which the court has ordered payment of a fine or cost or restitution in installments, the defendant may request a re-hearing on his payment schedule as established by the Adult Probation Office and/or Schuylkill Collection Bureau, or when he is in default of a payment, or when such default is imminent.
RULE 1408.1: APPLICATIONS FOR PAROLE
(a) Upon serving the minimum sentence as ordered by the Court, a defendant may be considered for parole.
(b) The Warden, District Attorney and Adult Probation Department shall indicate on the application any objection to the defendant's parole.
(c) The Court may in its discretion, or in the event any of the above said parties object to the application schedule a hearing on the application for parole.
RULE 4006: TYPES OF BAIL: PERCENTAGE CASH BAIL
(a) Provided a bond in the form set forth by the Court Administrator of Pennsylvania pursuant to Pa.R.Crim.P. No. 5 is executed, a defendant charged with a crime may furnish as bail with the District Justice or with the Clerk of Courts, a sum of U.S. currency equal to ten percent (10%) of the bail fixed in his or her case, but the sum of money furnished shall in no event be less than Fifty Dollars ($50.00).
(b) The sum of money furnished shall be receipted for, deposited, accounted for, forfeited, or returned in accordance with Pa.R.Crim.P. No. 4015.
(c) After the final disposition of the case, and provided there has been no forfeiture, the money constituting percentage cash bail shall be returned to the defendant, less a retention fee for administering the percentage cash bail program of ten (10%) percent of the money entered as bail, and in no event shall the retention fee be less than Ten Dollars ($10.00). The retention fee withheld shall be for the use of the County and shall be received and accounted for by the Clerk of Courts.
(d) When a defendant or a third party surety has deposited a sum of money under the percentage cash bail program, then upon full and final disposition of the case, the deposit less the retention fee for administrative costs, shall be returned to the person who originally posted the deposit. Notice of the full and final disposition shall be sent by the Clerk of Courts to the person who originally posted money at his address of record. Any money not claimed within one hundred eighty (180) days from the time of full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the County of Schuylkill.
RULES FOR CRIMINAL PROCEDURE
FOR DISTRICT JUSTICE COURTSRULE 4: CITATION OF RULES
(a) These rules shall be known as Schuylkill Rules of Criminal Procedure for District Justice Courts. They may be cited as ''Sch.R.Crim.P.D.J. No. ____ ''.
RULE 106: PRIVATE COMPLAINTS
(c) Private complaints shall be instituted in the manner set forth in Pa.R.Crim.P. No. 133. The affiant shall appear in the office of the District Attorney, who shall determine whether there is a probable cause and either approve or disapprove the complaint without unreasonable delay. If the complaint is approved, it shall be transmitted to the appropriate District Justice who shall act as the issuing authority.
RULE 124: FUGITIVES--COURT CASES
(c) In any court case in which a warrant of arrest has been issued, either upon the filing of the complaint or after the defendant fails to respond to a summons, if the officer to whom the warrant was issued is unable to serve such warrant after good faith effort within thirty (30) days, the said officer shall make a return of ''NOT FOUND'' to the District Justice.
RULE 130: ARREST WITHOUT A WARRANT IN CERTAIN CASES
(e) Pursuant to the authority granted by Pa.R.Crim.P. No. 130, police officers are hereby authorized, when making an arrest in Schuylkill County and when they deem it appropriate, to promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority when the following conditions have been met:
(1) the most serious offense charged is a misdemeanor of the second degree;
2) the defendant is a resident of the Commonwealth;
(3) the defendant poses no threat of immediate physical harm to any other person or to himself or herself;
(4) the arresting officer has reasonable grounds to believe that the defendant will appear as required; and
(5) the defendant does not demand to be taken before an issuing authority.
When a defendant is released pursuant to this Rule, a complaint shall be filed against the defendant within five (5) days of the defendant's release. Thereafter, a summons, not a warrant of arrest, shall be issued.
RULE 130.1: CONTEMPT PROCEDURE IN PROTECTION FROM ABUSE CASES
(a)(1) Upon information received on a violation of a protection order, the defendant may be arrested without a warrant, provided that the information is sufficient to constitute probable cause.
(2) Upon arrest, defendant shall be taken before either the district justice who has jurisdiction or the district justice on call; the arresting officer shall file a criminal complaint charging the defendant with indirect criminal contempt per 35 P.S. § 10190; defendant shall at that time be arraigned and bail shall be set; defendant shall either be released on bail or taken to Schuylkill County Prison if bail cannot be posted.
(3) The District Justice shall immediately (next working day) provide the Court Administrator with the following information:
(a) name of defendant
(b) name of judge whose order was violated
(4) Court Administrator shall arrange with judge who issued original protection order for a hearing to be scheduled within ten (10) days.
RULE 142: CONTINUANCES OF PRELIMINARY HEARINGS
(a) Every request for continuance of a preliminary hearing shall be submitted in writing on a form obtained from the District Justice or Criminal Court Administrator and shall be signed by the defendant and his/her counsel if any. The form may be submitted to the District Justice by fax directly (or via the Criminal Court Administrator if the District Justice office does not have fax capability).
(b) Each party may be granted one continuance by the District Justice upon cause shown. Any such continuance shall not be for more than seven (7) days. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form. This request for continuance form must be completed and signed by the defendant and his/her counsel if any. Upon refusal or approval of said request for continuance form, the Criminal Court Administrator shall file the signed form with the Clerk of Court's Office and shall notify the District Justice who in turn shall notify the parties.
(1) Pre-Preliminary Hearing Line-Up
Defendants desiring a pre-preliminary hearing line-up shall make such request known to the District Attorney and the District Justice at least forty-eight (48) hours in advance of the scheduled preliminary hearing.
In the event the District Attorney opposes defendant's request for a line-up prior to his preliminary hearing, the District Attorney shall advise defendant of such opposition at least twenty-four (24) hours in advance of the scheduled preliminary hearing. Defendant may then request a line-up by filing an original petition with the Clerk of Courts. The Court Administrator shall then assign the matter to a criminal list Judge for disposition. Defendant shall give notice of such filing to the District Attorney and the District Justice.
When a District Justice has been notified of the filing of such petition, he shall continue the case for at least two (2) weeks to allow for the disposition of the petition.
(2) Scheduling of Preliminary Hearings
Unless there are compelling reasons, no preliminary hearing shall be scheduled for a court case by any District Justice during the first two days of jury selection or the first week of criminal court trials in Schuylkill County. If a preliminary hearing is required to be held within that week by the Pa.R.Crim.P., this local Rule of Court shall be cited by the District Justice as a reason for re-scheduling the case for as soon thereafter as possible.
RULE 146: TRANSCRIPT OF DISTRICT JUSTICE
(c) In addition to the requirements under the Pa.R.Crim.P., the District Justice shall also list the defendant's date of birth in brackets following his name on the transcript, and shall list the names, addresses, and telephone numbers of all witnesses who testified at the preliminary hearing or who the parties request to be listed on the transcript.
(d) The District Justice shall prepare a transcript of the proceedings before him and return the same together with the documents required by Pa.R.Crim.P. No. 146 to the Office of the Clerk of Courts by first class mail or by hand delivery. In appeals from summary convictions, the District Justice shall return the transcript filed with the Office of the Clerk of Courts together with the documents required by Pa.R.Crim.P. No. 67 by certified mail, return receipt requested, together with a letter of transmittal. The copy of the transmittal letter and return receipt card shall be retained by the District Justice in the event the defendant files a rule for judgment of non pros under Pa.R.Crim.P. No. 67(e) and proof of filing becomes material.
RULES OF JUDICIAL ADMINISTRATION RULE 1901: TERMINATION OF INACTIVE CASES
(b)(1)(a) The Prothonotary shall prepare for call, on the first Monday of October of each year or on such other date as the Court by special order may direct, a list containing all civil matters in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record and to those parties for whom no appearance has been entered as required by Pa.R.J.A. No. 1901(c). If no good cause for continuing a matter is shown at the call of the list, the Court shall enter an order dismissing such matter.
RULE 5000.6: TRANSCRIPT FEES--DEPOSIT
(a) In all cases where a notice of appeal or post trial motion is filed, and a transcript is required, the moving party, except where the State or County Government is liable for the cost, shall be required to pay one-half of the estimated cost for the transcript to the Court Stenographer. Upon request, the stenographer shall provide the parties with a written estimate of the costs of the transcript and provide a copy thereof to the Court Administrator. The stenographer shall give a uniform receipt to the parties, and to the Court Administrator, and shall keep a copy for the stenographer's personal files.
When the transcript is completed, the stenographer shall immediately notify the parties and shall bill the moving party for the balance of the cost of the transcript. Upon receipt of the balance of the transcript fee, the stenographer shall file the transcript of record. The transcript fee shall be a legal cost assessed by the Court.
[Pa.B. Doc. No. 96-135. Filed for public inspection February 2, 1996, 9:00 a.m.]
