Court of Common Pleas of Elk County, Pennsylvania Service and Proof of Service Rules

Civil cases

Applies to

Pretrial statement

Each party must serve its pre-trial statement on other counsel of record or a self-represented litigant at least 10 days before the pre-trial conference.

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.

Civil cases

Applies to

Emergency motion

For an emergency motion, the moving party must notify opposing parties of the motion’s substance and the time of filing and presentation.

The moving party shall make notify the opposing party(ies) of the substance of the motion and the time of filing and presentation to the Court.

Civil cases

The permanent master must give both parties or their attorneys written notice of the hearing’s time and place at least ten days in advance.

The permanent master shall give at least ten (10) days written notice of the time and place of the hearing to both parties or their attorneys.

Civil cases

The Prothonotary must serve each case’s proposed-dismissal notice on counsel or unrepresented parties at least 60 days before termination, and the notice must state the proposed termination date and how to avoid termination.

The Prothonotary shall serve notice of proposed dismissal for each case on counsel of record, and on the parties if not represented, at least sixty (60) days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination.

Civil cases

Service

Publication

When service by publication is permitted, publish once in a daily newspaper published in the county where the action is brought.

In all actions where service by publication is permitted, publication shall be made one time in a daily newspaper published in the county in which the action is brought, as no legal journal or publication exists in the 59th Judicial District.

Civil cases

The moving party must notify opposing counsel and any unrepresented party of the hearing date, time, and place.

The moving party shall notify opposing counsel and any unrepresented party of the date, time and place for hearing.

Civil cases

The chairperson must give all parties or their counsel at least 30 days’ notice of the hearing.

The chairperson shall give at least thirty (30) days notice of the hearing to all parties or their counsel.

Civil cases

The moving party must notify opposing counsel and any unrepresented party of the argument’s date, time, and place.

The moving party shall notify opposing counsel and any unrepresented party of the date, time and place for argument.

Civil cases

Applies to

Hearing notice

The moving party is responsible for serving hearing notices.

Service of the hearing notices is the responsibility of the moving party.

Civil cases

For qualifying inactive Cameron County divorce cases where researching case information would be unduly burdensome, the Prothonotary must serve proposed-dismissal notice on plaintiffs’ counsel or self-represented plaintiffs at least 60 days before termination.

Where it would be unduly burdensome to research the captions, parties, and mailing addresses of Cameron County divorce cases that have been inactive for two years or more, such cases shall be terminated pursuant to Pa.R.C.P. 230.2, provided, however, the Cameron County Prothonotary shall serve notice of the proposed dismissal upon plaintiffs’ counsel or self-represented plaintiffs, at least sixty (60) days prior to the date of the proposed termination.

Civil cases

Applies to

Transcript request

The requesting party must serve copies of the transcript request on the presiding judge, the court reporter or recorder, and opposing counsel or an unrepresented opposing party.

(1) The requesting party shall submit the original request form to the District Court Administrator and shall serve copies of the request to: a. The judge presiding over the matter; b. The court reporter or court recorder c. The opposing counsel or an opposing party if unrepresented.

Civil cases

Service

Mail to opposing party

The party filing a praecipe must immediately mail a copy to the adverse party or counsel.

The party filing a praecipe shall immediately mail a copy of the praecipe to the adverse party or counsel.

Civil cases

A custodian may move the Court regarding conversion or retention of previously entered exhibits, provided the motion is served on the appropriate parties or counsel at their last known address.

(iv) The custodian may submit a motion to the Court to address the conversion or retention of previously entered exhibits that are currently being held so long as any motion is served on the appropriate parties or counsel to their last known address.