Court of Common Pleas of Elk County, Pennsylvania Document Filing Requirements

CRITICALCivil cases

Applies to

Civil trial list filing

Must include

certificate of service

To place a case on the civil trial list, the filer must submit a certificate of readiness, a praecipe to list, and a certificate of service showing service on all other interested parties or their counsel.

Cases shall be placed on the civil trial list by filing a certificate of readiness and a praecipe to list with the Prothonotary, along with a certificate of service showing service on all other parties in interest or their counsel of record.

CRITICALCivil cases

Applies to

Exceptions to certificate of readiness

Must include

proposed order

A proposed order scheduling argument must be submitted at the same time as exceptions to a certificate of readiness are filed.

A proposed order scheduling argument on the exceptions shall be submitted simultaneously with the filing of the exceptions

CRITICALCivil cases

Applies to

Transcript

A party who wants a transcript for a post-trial motion must have it prepared before the motion is argued.

A party filing a post-trial motion who desires a transcript shall cause the transcript or portion thereof to be prepared before the motion is argued.

CRITICALCivil cases

Applies to

Petition

A petition alleging facts not of record must be verified and endorsed with a notice to plead.

All petitions, which allege facts not of record, must be verified and shall be endorsed with a notice to plead.

CRITICALCivil cases

Applies to

Support agreement

A support agreement reached pursuant to a divorce must be set apart from the rest of the divorce agreement and filed with the appropriate county Domestic Relations Section.

If an agreement regarding support is reached pursuant to a divorce, the support agreement shall be specifically set forth apart from the remaining provisions of the divorce agreement and shall be filed in the appropriate county Domestic Relations Section.

CRITICALCivil cases

Applies to

Request for entry of divorce decree

A request for a divorce decree approving or incorporating a settlement agreement will be denied unless the claims it addresses have been raised of record as required by 23 Pa.C.S.A. 3104.

The request for the entry of a decree in divorce which includes the approval or incorporation of a settlement agreement shall be denied unless the claims addressed in the settlement agreement, i.e., custody, support, alimony, alimony pendente lite, counsel fees, expenses and costs, and equitable distribution of property, have been raised of record in accordance with 23 Pa.C.S.A. 3104.

CRITICALCivil cases

Applies to

Confidential report

The mediator or judge must submit a confidential report to the trial judge stating whether settlement was reached.

The mediator/judge shall submit a confidential report to the trial judge indicating whether a settlement has been reached.

CRITICALCivil cases

Applies to

Index of exhibits

The custodian or designee must prepare the Index of Exhibits during the proceeding using a form supplied by Court Administration.

(b) The custodian or designee shall prepare the Index of Exhibits during the court proceedings on a form supplied by Court Administration.

CRITICALCivil cases

Applies to

Stipulation for mediation

Once the parties agree mediation is appropriate, they must file and submit a stipulation signed by all parties and counsel that requests a mediation conference and states their agreement and belief in a realistic possibility of settlement.

Upon agreement of the parties that mediation would be appropriate for resolution of a case, a “stipulation for mediation” requesting a mediation conference and signed by all parties and counsel shall be filed of record and submitted to the Court. The stipulation shall specify that all parties involved agree to the mediation and believe that there is a th realistic possibility of settlement.

CRITICALCivil cases

Applies to

Response

The opposing party must file a response in accordance with Pa.R.C.P. 1035.3.

The opposing party shall file a response in accordance with Pa.R.C.P. 1035.3.

CRITICALCivil cases

Applies to

Claims referred to permanent master

Claims for equitable distribution, alimony, alimony pendente lite, attorney’s fees, and costs must be raised of record before referral to a permanent master.

All claims for equitable distribution, alimony, alimony pendente lite, attorney’s fees and costs must be raised of record before being referred to a permanent master for hearing.

CRITICALCivil cases

Applies to

Certificate of readiness

A certificate of readiness must certify that pleadings, discovery, medical examinations, and medical-report exchanges are complete and that the case is trial-ready.

Any party or counsel of record filing a certificate of readiness shall certify thereon that: (1) all pleadings have been completed; (2) all pretrial discovery procedures have been completed; (3) all medical examinations have been completed and medical reports exchanged; and (4) the case is ready for trial.

CRITICALCivil cases

Applies to

Index of exhibits

When a designee prepares the Index of Exhibits, the custodian must obtain and compare it against the exhibits in the custodian’s possession before filing them.

(1) If a designee is preparing the Index of Exhibits during a proceeding, the custodian shall obtain the Index of Exhibits prepared during the court proceeding from the designee and compare the exhibits in the possession of the custodian with the Index of Exhibits before filings the exhibits in the records office.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A motion seeking relief on a matter of record must include a proposed order scheduling argument.

All motions which request relief on matters of record shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the argument.

CRITICALCivil cases

Applies to

Pretrial statement

Each party must file and serve a pre-trial statement at least 10 days before the conference, containing the required rule items and an estimate of the time needed to present its case in chief.

No less than ten (10) days prior to the date scheduled for the pre-trial conference, each party shall file with the Prothonotary a pre-trial statement containing those items set forth in Pa.R.C.P. 212.2 and serve other counsel of record or self-represented litigant. In addition, the pre-trial statement shall set forth an estimate of the length of time which will be required to present the party’s case in chief.

CRITICALCivil cases

Applies to

Proposed order

The Pa.R.C.P. 206.5 proposed-order form must not be used to schedule arguments on general motions or preliminary objections, or hearings on petitions that do not comply with Pa.R.C.P. 206.4.

A proposed order of court in the form prescribed by Pa.R.C.P. 206.5 shall not be used to schedule an argument on general motions, preliminary objections, or a hearing on petitions that do not comply with Pa.R.C.P. 206.4.

CRITICALCivil cases

Applies to

Court order

The President Judge must determine when the Cameron County procedure is appropriate and issue an order authorizing the Prothonotary to proceed.

The President Judge shall determine when the use of L230.2(a) is appropriate and shall issue an order of court authorizing the Cameron County Prothonotary to proceed under this rule.

CRITICALCivil cases

Applies to

Non documentary exhibit

The proponent must photograph non-documentary exhibits, convert them to letter-sized documents, mark them appropriately, and produce them during the proceeding for the documentary record.

(1) These non-documentary exhibits must be photographed by the proponent, converted to a letter-sized document (8-1/2 x 11 inches), and appropriately marked and produced during the court proceeding for inclusion in the documentary record.

CRITICALCivil cases

Applies to

Proposed order

The proposed order scheduling argument must include the specified allotted-time phrase.

The proposed order scheduling argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

CRITICALCivil cases

Applies to

Custody order

The order must name the appropriate county Prothonotary as the officer from whom information about legal help can be obtained.

The officer to be named in the order to appear from whom information concerning legal help can be obtained is: a. For matters filed in Elk County: Elk County Prothonotary Elk County Courthouse Main Street Ridgway, PA 15853 (814) 776-5344 b. For matters filed in Cameron County: Cameron County Prothonotary Cameron County Courthouse 20 E. Fifth Street Emporium, PA 15834 (814) 486-3349

CRITICALCivil cases

The proponent must retain media depositions presented at trial and simultaneously submit a transcript as an exhibit.

(d) Media depositions presented at trial shall remain in the proponent’s possession. The proponent shall simultaneously submit a transcript of the deposition as an exhibit.

CRITICALCivil cases

Applies to

Custody order

The accompanying order must follow Pa.R.C.P. 1915.16, must not require children to appear at the custody conference, and must direct the parties to the specified conference location.

The order accompanying said complaint shall be in the form prescribed in Pa.R.C.P. 1915.16, except that the order in custody matters shall not require the children to appear at the custody conference. The order shall direct the parties to appear for a conference at the Domestic Relations Section, 2nd Floor, Elk County Courthouse Annex, 300 Center Street, Ridgway, PA (see L1915.15.).

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A summary judgment motion must include a proposed order scheduling argument.

A motion for summary judgment shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order scheduling argument on the motion.

CRITICALCivil cases

Applies to

Child support services application

A child support services application must be completed and submitted to the appropriate county Domestic Relations Section.

An application for child support services must also be completed and submitted to the appropriate county Domestic Relations Section.

CRITICALCivil cases

Applies to

Exhibit

The proponent must provide the applicable confidentiality form to the custodian when introducing an exhibit containing information or documents defined as confidential by the stated policy.

(d) The proponent shall include a Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the proponent to the custodian at the time the evidence is introduced.

CRITICALCivil cases

Applies to

Petition for rule to show cause

A petition for a rule to show cause must strictly comply with Pa.R.C.P. 206.4.

A rule to show cause must strictly comply with Pa.R.C.P. 206.4.

CRITICALCivil cases

Applies to

Continuance motion

A continuance motion must be in writing and signed by counsel or the self-represented litigant.

A motion for continuance shall be in writing, shall be signed by counsel or self- represented litigant, shall set forth specifically the reason for the request, and shall contain a statement that opposing counsel or any self-represented litigant either objects or does not object to the proposed continuance. In addition, any motion for continuance filed by an attorney shall include a statement that the client represented by the attorney requesting the continuance has been made aware of the motion and has consented to the continuance.

CRITICALCivil cases

The document must include a Confidential Document Form, which the proponent must give to the custodian when the evidence is introduced.

Pennsylvania shall include a Confidential Document Form so that the document can be properly sealed by the records office. These forms shall be given by the proponent to the custodian at the time the evidence is introduced.

CRITICALCivil cases

Applies to

Transcript request

Transcript requests must use the District Court Administrator’s form, which includes all elements required by the Court Administrator of Pennsylvania.

All requests for transcripts shall be submitted on a form provided by the District Court Administrator that will include all elements required by the Court Administrator of Pennsylvania. The form shall be made available on the Court’s website at www.co.pa.elk.us/judicial and at the office of the District Court Administrator.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections must include a proposed order scheduling argument and specifying the time allotted.

Preliminary objections shall be filed with Prothonotary and shall include a proposed order scheduling argument on the preliminary objections, including a provision for the time allotted for the argument.

CRITICALCivil cases

Applies to

Transcript request

A transcript requester must submit a motion and order identifying the requested record; if requesting less than the entire trial, the request must identify the date and witnesses.

In all cases where a transcript is requested, the party requesting the transcript must present a motion and order to the Court specifically identifying that portion of the record that is requested, and in the event that less than all of the trial is to be transcribed, the date and witnesses that are requested.

CRITICALCivil cases

Applies to

Proposed order

A proposed order scheduling a petition hearing must include the phrase “ hour(s) is allotted for the hearing.”

The proposed order scheduling a hearing on the petition shall include the phrase “ hour(s) is allotted for the hearing.”

CRITICALCivil cases

Applies to

Proposed dismissal notice

A proposed-dismissal notice must state the proposed termination date and the procedure for avoiding termination.

The notice shall contain the date of the proposed termination and the procedure to avoid termination.

CRITICALCivil cases

Applies to

Transcript request

The requesting party must submit the original transcript request form to the District Court Administrator.

(1) The requesting party shall submit the original request form to the District Court Administrator

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition must include a proposed order scheduling the hearing.

Petitions shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the hearing.

CRITICALCivil cases

Applies to

Motion for appointment of master

For the specified divorce and annulment actions, file a motion for appointment of a master in substantially the prescribed form with the appropriate county Prothonotary.

All actions requesting a divorce pursuant to 23 Pa.C.S.A. 3301(a) or an annulment pursuant to 23 Pa.C.S.A. 3303 shall be referred to the permanent master upon the filing of a motion for the appointment of a master substantially in the form prescribed by Pa.R.C.P. 1920.74 with the appropriate county Prothonotary.

CRITICALCivil cases

Applies to

Custody conference agreement

An agreement reached at the custody conference must be noted by the officer or reduced to a written proposal signed by both parties and submitted to the Court for an order.

If an agreement is reached at the custody conference, said agreement shall be noted by the custody conference officer or reduced to a written proposal signed by both parties and shall be submitted to the Court for an order.

CRITICALCivil cases

Applies to

Written statement

An attorney who does not wish to serve as an arbitrator must file a written statement with the Prothonotary of each county in the district.

The list of arbitrators shall consist of all active members of the Elk County and Cameron County Bar Associations in the 59th Judicial District, excepting only such attorney who files with the Prothonotary of each county in the district a written statement to the effect that he or she does not wish to be an arbitrator.

CRITICALCivil cases

Applies to

Case management order

The permanent master must prepare a case management order and schedule a pre-hearing conference or hearing.

The permanent master shall prepare a case management order and schedule the master’s pre-hearing conference or hearing.

CRITICALCivil cases

Applies to

Continuance motion

A continuance motion based on a calendar conflict with an appearance in another court must include that court's scheduling order or notice.

All motions for continuances based upon a calendar conflict due to an appearance scheduled in another court must include a copy of the scheduling order or notice issued by the other court.

CRITICALCivil cases

Applies to

Pleading

The first page of a filed pleading, except one requiring a Notice to Defend, must be an identification sheet containing the specified court, party, case, and counsel information; a shortened caption may be used in the stated circumstance.

The first page of any pleading filed, except a pleading requiring a Notice to Defend, shall be an identification sheet, setting forth the following information and typed according to the format presented in Appendix A. a. In capital letters, centered from left to right margin: “IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA.” b. In capital letters, on the left side of center, the complete names of all parties (if the party filing the attached pleading has made a previous filing, an appropriate and obvious shortened caption may be used). c. Type on the right side of center: i. The county branch, either Cameron or Elk. ii. The type of action, i.e., Civil, Criminal, Orphans’ Court Division. *Note: The word Division shall not be used except for “Orphans’ Court Division.” iii. The docket number, if assigned, beginning with the year, i.e., 2007-XXX. iv. The name of the pleading. v. The specific type of action in Civil cases, e.g. Divorce, Custody, etc. or in Orphans’ Court cases, e.g., Adoption vi. The completed statement “Filed on behalf of _ (party’s name and relationship to case). vii. The completed statement showing the name, address, and telephone number of counsel of record.

CRITICALCivil cases

Applies to

Proposed order

A proposed order scheduling argument on a motion must include the specified allotted-time phrase.

The proposed order scheduling an argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

CRITICALCivil cases

Applies to

Petition for rule to show cause

Must include

proposed order

A petition for a rule to show cause must have an order in the form prescribed by Pa.R.C.P. 206.5 attached.

A proposed order of court in the form prescribed by Pa.R.C.P. 206.5 shall be attached to the petition for a rule to show cause.

CRITICALCivil cases

Applies to

Request for return of certified copies

A request to return certified copies of pleadings must include the required number of photocopies and a self-addressed, postage-paid mailing envelope.

The required number of photocopies and a self-addressed postage-paid mailing envelope must accompany requests for returning certified copies of pleadings to the filing party.

CRITICALCivil cases

Applies to

Support complaint

Support claims must be initiated in the appropriate county Domestic Relations Section by filing a complaint.

1. All claims for support must be initiated in the appropriate county Domestic Relations Section of the Court of Common Pleas of the 59th Judicial District by filing a complaint for

CRITICALCivil cases

Applies to

Custody complaint

Custody, partial custody, and visitation complaints must be filed with the appropriate county Prothonotary.

All complaints for custody, partial custody and visitation are to be filed with the appropriate county Prothonotary

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

A motion for judgment on the pleadings must be filed with the Prothonotary before presentation to the Court and include a proposed order scheduling argument.

A motion for judgment on the pleadings shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order scheduling argument on the motion.

CRITICALCivil cases

Applies to

Parenting plan

Before a custody trial, the parties must complete and submit a parenting plan to the Court and the opposing party.

Prior to a custody trial, the parties shall complete and submit a parenting plan to the Court and opposing party.

CRITICALCivil cases

Applies to

Custody pretrial statement

Before the custody pre-trial conference, the parties must complete and submit a pre-trial statement to the Court and the opposing party.

Prior to the custody pre-trial conference, the parties shall complete and submit a pre-trial statement to the Court and opposing party.

CRITICALCivil cases

Applies to

Divorce complaint with child support count

A divorce complaint containing a child support count must allow the Domestic Relations Section to assign a separate domestic relations number.

Each complaint in divorce that contains a count for child support shall allow for a separate domestic relations number to be assigned by the Domestic Relations Section.

WARNINGCivil cases

Applies to

Notice to defend

The Notice to Defend for a Cameron County matter must identify the Cameron County Prothonotary and provide the listed address and telephone number.

For matters filed in Cameron County: Cameron County Prothonotary Cameron County Courthouse 20 East Fifth Street Emporium, PA 15834 (814) 486-3349

WARNINGCivil cases

Applies to

Request to participate electronically

The Court may hear argument by telephone or videoconference if counsel submits a prompt written request to participate electronically.

The Court, in its discretion, may hear any argument by telephone or videoconference provided that counsel has submitted a prompt written request to the Court to participate electronically.

WARNINGCivil cases

Applies to

Notice to defend

The Notice to Defend for an Elk County matter must identify the Elk County Prothonotary and provide the listed address and telephone number.

For matters filed in Elk County: Elk County Prothonotary Elk County Courthouse 240 Main Street Ridgway, PA 15853 (814) 776-5344

INFOCivil cases

Applies to

Motion for judgment on the pleadings

Personal presentment is not required.

Personal presentment is not required.