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PA Bulletin, Doc. No. 96-1870



Amendment to Orphans' Court Rule 7.1 Governing Exceptions

[26 Pa.B. 5369]


   And Now, this 15th day of October, 1996, the Court approves and adopts the following amendment to Montgomery County Local Rule of Orphans' Court 7.1--Exceptions. This Amendment shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In conformity with Supreme Court Orphans' Court Rule 1.2 and Pa.R.J.A. 103(c), ten (10) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Rules of Orphans' Court Committee. One (1) copy shall be filed with the Register of Wills, one (1) copy with the Clerk of the Orphans' Court, one (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court.

By the Court

President Judge

Rule 7.1A  Exceptions--Generally.

   (1)  All orders and decrees shall be final and not subject to exceptions or post-trial motions, including those to reconsider or clarify, except (a) adjudications of fiduciary accounts and (b) orders and decrees which the Court specifies are not final.

   (2)  An order or decree which the Court specifies is not final, or an adjudication, shall be confirmed absolutely as of course, unless written exceptions thereto are filed with the clerk, within ten (10) days after the date of the filing of such order, degree or adjudication.

   (3)  If timely exceptions are filed by a party, any other party may file exceptions with the clerk within ten (10) days after the date on which the first exceptions were filed.

   (4)  Exceptions shall raise questions relating only to the adjudication, order or decree to which exceptions are filed, and shall in no event raise questions which could have been raised previously, by claim or objection.

   Note:  This rule does not deal with the question of what orders or decrees are interlocutory and not appealable, such as for example, those dealing with discovery (see Local Rule 3.6A), rulings on preliminary objections, grant of jury trial and preliminary decrees directing issuance of citation. As to these issues, see Hunter's Orphans' Court Commonplace Book, Appeals §§ 6 & 8, Orphans' Court § 16. This Rule is intended to make Pa.R.C.P. 1517(a) inapplicable in this Court. Cf. Adoption of CRV, 408 Pa. Super. 386; Hamilton Adoption, 362 Pa. Super. 249. Before an order or decree granting a nonsuit can be appealed, a motion for removal of the nonsuit must be filed and ruled upon. See Hunter, Orphans' Court § 11(n).

Rule 7.1B.  Exceptions--Form and Service.

   (1)  Exceptions shall be filed in writing with the clerk, numbered consecutively, signed by the exceptant or the exceptant's attorney and each exception shall:

   (a)  be specific as to description and amount;

   (b)  raise but one issue of law and fact, but if there are several exceptions to items included in or omitted from the adjudication, order or degree relating to the same issue, all such exceptions shall be included in the same exception; and

   (c)  set forth briefly the reason or reasons in support thereof.

   (2)  A party filing exceptions shall serve a copy thereof no later than the day of such filing upon all parties in interest affected thereby. The attorney for the exceptant, or the exceptant, shall certify to the clerk in writing that a copy of the exceptions has been served as required by this rule and shall attach a list of those on whom service was made.

Local Rule 7.1C.--deleted.

[Pa.B. Doc. No. 96-1870. Filed for public inspection November 8, 1996, 9:00 a.m.]

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