Section 1300. Venue

A. Generally. A dependency proceeding shall be commenced in:

1) the county in which the child is present; or

2) the child’s county of residence.

B. Change of venue. For the convenience of parties and witnesses, the court, upon its own motion or motion of any party, may transfer an action to the appropriate court of any county where the action could originally have been brought or could be brought at the time of filing the motion to change venue.

C. Transmission of all records. If there is a change of venue pursuant to paragraph (B):

1) the transferring court shall transfer certified copies of all documents, reports, and summaries in the child’s official court record to the receiving court; and

2) The county agency of the transferring court shall transfer all its records to the county agency where venue has been transferred.

Comment

See 42 Pa.C.S. § 6321.

For procedures regarding motions and answers, see Rule 1344. In addition to the procedures for service of orders under Rule 1167, an order changing venue is to be served upon the new county agency and the receiving court so they may begin proceedings in the receiving county.

Official Note

Rule 1300 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1300 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

Final Report explaining the amendments to Rule 1300 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

The provisions of this Rule 1300 amended December 24, 2009, effective immediately, 40 Pa.B. 222. Immediately preceding text appears at serial page (326074).