1353 Rescission of local rule 206A and adoption of local rule 206.8 petitions. rules. answers. motions in family matters

DELAWARE COUNTY

Rescission of Local Rule 206A and Adoption of Local Rule 206.8 Petitions. Rules. Answers. Motions in Family Matters

[34 Pa.B. 3881]

Order

   And Now, to wit, this 28th day of June, 2004, it is hereby Ordered that Delaware County Local Rule 206A is Rescinded, and Adopted as Delaware County Local Rule 206.8 Petitions, Rules, Answers, and Motions in Family Matters which shall read as follows:

   

I.  Cases not yet Assigned to a Judge

   

(a)  The original of all family law motions or petitions, including divorce, custody, or equitable distribution shall be filed in the Office of Judicial Support, which shall docket the pleading and forward to the Court Administrator by either the moving party or the Office of Judicial Support to obtain a hearing or conference date. All matters involving support are to be filed directly with the Domestic Relations Office pursuant to Pa.R.C.P. 1910.4. All family law motions or petitions are initially listed for a hearing and/or conference.

(b)  Service shall be contemporaneously be made by the moving party in conformity with Pa.R.C.P. 440, or in the case of motions or petitions that constitute initial process, in conformity with the Pennsylvania Rules of Civil Procedure governing the matter of service of original process. (See Pa.R.C.P. 400 ff.)

(c)  All motions or petitions shall be accompanied by the following:

i.  A cover sheet, pursuant to Local Rule 205.2(b), plainly appearing on the face thereof indicating the filing date and the nature of the matter listed.

ii.  A proposed order page encompassing the relief requested.

iii.  A certification that service of the hearing/conference date in conformity with Pa.R.C.P. 440 or, in the case of original process, in conformity with the Pennsylvania Rules of Civil Procedure governing the service of original process is being contemporaneously made.

If one of the above items is not included in the motion or petition, the Court Administrator shall send notice to the moving party to refile the original motion or petition.

(d)  Answers to a motion or petition filed prior to the hearing pursuant to this Rule shall be accompanied by the following:

i.  A cover sheet, pursuant to Rule 205.2(b), clearly indicating that they are being filed pursuant to Rule 206.8 and

ii.  A proposed order fairly encompassing the relief requested.

(e)  Upon receipt of the motion or petition, the Court Administrator shall promptly schedule a hearing. The moving party shall promptly notify all parties affected of the hearing date. In the event that the moving party does not appear to file the motion or petition and obtain a hearing date, the moving party shall file an original and include a copy of the motion or petition with a self addressed stamped envelope with sufficient postage for return of the hearing date, which upon receipt by the moving party shall notify all affected parties of the hearing date.

(f)  The moving party shall file a certificate setting forth that notice was given to all affected parties of the date, time and place set by the court for the hearing/conference.

(g)  Matters that are uncontested at the time of filing shall be so certified by the moving party and shall follow the procedure set forth in rule 208.2(d). The Office of Judicial Support shall promptly refer them to the Court Administrator.

(h)  Where a matter is to be withdrawn, a Praecipe to Withdraw Motion or Petition must be filed with the Office of Judicial Support, which shall promptly forward it to the Court Administrator. If the case has been referred to a Judge, the Court Administrator shall promptly forward the Praecipe to the judge.

(i)  After a hearing date has been assigned, requests for a continuance must be made on a continuance application form (available in the Court Administrator's Office) and submitted along with a stamped envelope preaddressed to the party requesting the continuance. Requests for a continuance may be referred to the appropriate Judge for review. After review of the continuance, the Court Administrator shall forward the result of the request of the continuance to the party who applied for the continuance. The requesting party must notify all parties affected of the result of the continuance request and the new hearing date, if applicable.

II.  Emergency Matters or Stays or Proceedings in    Cases not yet Assigned to a Judge

   

(a)  Motions or petitions seeking relief in emergency situations or stay of proceedings shall be brought first to the Office of Judicial Support to be docketed and time-stamped and then immediately brought by the party seeking the emergency relief or the stay of proceedings to the Court Administrator for reference to the appropriate Judge. The motion or petition shall be accompanied by the items required in 206.8(1)(c).

(b)  The motion or petition shall be accompanied by a certification that the moving party has made a good faith effort to give all parties affected by the application as much advance notice as reasonably possible of the date and time that the application will be presented to the Court. This certification shall provide the specific details of the moving party's efforts to comply with the advance notice requirement of this section including, but not limited to, the method(s) by which notice was sought to be given, the address(s) and/or phone number(s) and/or fax number(s) at which notice was sought to be given, and the identity(s) of the party(s) to whom notice was sought to be given.

(c)   Hearing dates, where required, shall be set by the Judge to whom the matter has been referred by the Court Administrator or, where that Judge will not also be the hearing Judge, by the Court administrator. The moving party shall promptly notify all parties affected of the hearing date and shall file a certification providing specific information setting forth the efforts that have been made to give to all affected parties as much notice as possible of the date, time and place set by the Court for the hearing. Such specific information includes, but not limited to, the method(s) by which notice was sought to be given, the address(s) and/or phone number(s) and/or fax numbers(s) at which notice was sought to be given and the identity(s) of the party(s) to whom notice was sought to be given.

(d)  After the Court has decided the request for emergency relief or stay of proceedings, the motion or petition shall be returned to the Court Administrator who shall then forward it to the Office of Judicial Support for filing of the Order.

(e)  Except in emergency situations, no stay of proceedings shall be granted without actual prior notice to all parties affected thereby.

III.  Cases Assigned to a Judge

   

(a)  All applications, to include emergency matters, that would otherwise be subject of a motion or petition will be processed by the assigned Judge and should be directed to his/her chambers. The moving party shall contemporaneously notify all parties affected by his or her application.

(b)  The form of all such applications and the time in which to respond thereto shall be determined by the Judge on an ad hoc basis as circumstances and the exercise of the Judge's sound discretion shall warrant.

(c)  Where the application takes the form of a formal motion or petition, the original shall be filed with the Office of Judicial Support. The cover sheet, pursuant to Rule 205.2(b) shall clearly indicate that a copy of the motion or petition has contemporaneously been submitted to the assigned Judge, who shall be identified on the notice.

(d)  The original of a formal response to a motion or petition shall also be filed with the Office of Judicial Support, and a copy shall be contemporaneously submitted to the assigned Judge.

Comment:

1.  The following applications are not governed by Rule 206.8, et seq. but rather are governed by the provisions of the general rule(s) governing the particular matter:  Protection From Abuse Petitions pursuant to 23 Pa.C.S.A. 6101 et seq.

By the Court

KENNETH A. CLOUSE,   
President Judge

[Pa.B. Doc. No. 04-1353. Filed for public inspection July 23, 2004, 9:00 a.m.]