Section 1211. Certification to Court of Common Pleas

A. Any protection order issued under Rule 1208, together with any documentation in support thereof, shall immediately be certified to the court of common pleas by the hearing officer.

B. Certification under subdivision A of this Rule shall be accomplished by sending to the prothonotary of the court by first class mail or messenger a certified copy of the petition form containing the order, with any supporting documentation attached.

Official Note

Certification under subdivision A of this rule is required by Section 6110(c) of the Protection From Abuse Act, 23 Pa.C.S. § 6110(c), as well as 42 Pa.C.S. § 62A09(c). This rule is also consistent with Pa.R.C.P. Nos. 1901.3(b) and 1953(b), which permit commencement of an action by filing with the prothonotary a certified copy of an emergency protection order. However, practice varies among the judicial districts as to how the protection order is continued in effect after it is certified to the court of common pleas. For example, some judicial districts may require that the plaintiff appear in person to continue the action in the court of common pleas. Others may automatically commence an action in the court of common pleas upon receipt of a certified copy of the emergency order from the hearing officer. See Rule 1206 and Note, and Rule 1210 and Note.

Depending on local practice, the plaintiff or the plaintiff’s representative may act as a messenger under subdivision B of this rule.

The provisions of this Rule 1211 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial page (285626).