THE COURTS
WARREN COUNTY
Adoption of Civil and Criminal Local Rules; No. 22 of 2000, Miscellaneous Book # 2, Page 320
[30 Pa.B. 1511]
Order And Now, this 18th day of February, 2000, the Court hereby adopts the Local Civil and Criminal Rules of the 37th Judicial District as hereinafter set forth. Said Rules shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
It is further ordered that the Local Rules as they existed prior to the adoption of the Rules herein set forth are hereby repealed on the effective date of the new Rules. No right acquired under the preexisting Rules shall be disturbed by the adoption of these new Rules.
The Warren County Prothonotary is ordered and directed to do the following:
1. File seven (7) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy of this Order and pertinent Rules with the Civil Procedural Rules Committee.
4. File one (1) certified copy of this Order and pertinent Rules with the Domestic Relations Committee.
5. File one (1) certified copy of this Order and pertinent Rules with the Criminal Procedural Rules Committee.
6. Keep continuously available for public inspection copies of this Order and Rules.
By the Court
PAUL H. MILLIN,
President Judge
TABLE OF CONTENTS
COMMON PLEAS COURT RULES
Rule L49 Official Periodical Rule L50 Terms of Court Rule L51 Title and Citation of Rules Rule L52 Effective Date Rule L101 Principles of Interpretation and Construction of Rules RULES OF CIVIL PROCEDURE
BUSINESS OF THE COURTRule L200 Attorneys Rule L200.1 Sureties Rule L205.1 Flat Filing and Face Sheet Rule L205.2 Pro Se Filings Rule L206 Motions and Petitions Rule L206A Petitions shall be governed by Pa. RCP 206.5 Rule L206B Notice and Service to Opposing Party or Counsel Rule L206C Presentation of Contested Motions Rule L206D Uncontested Motions Rule L206E Contents of Motions or Petitions Rule L206F Verification Rule L206G Answer to Petition or Rule to Show Cause Rule L206H Petitions Rule L210 Form of Briefs Rule L211 Oral Arguments Rule L212 Pre-Trial Conference Rule L216 Grounds for Continuance Rule L217A Bill of Costs Rule L217B Exceptions to Bill of Costs Rule L221 Pre-emptory Challenges Rule L223 Conduct of Jury Trial Rule L226 Points for Charge Rule L227.1 Post-Trial Relief Rule L227.3 Transcript of Testimony Rule L240 In Forma Pauperis--Appointment of Counsel EXCLUSIVE LOCAL RULE OF COURT
Rule L300 Prothonotary Rule L300C Form and Size of Documents Rule L300J Collection of Costs Rule L400 Service by Sheriff Rule L1018.1 Notice to Defend Rule L1018.A Notice to Defend ARBITRATION
Rule L1301 Cases for Submission Rule L1301.2 Agreement of Reference Rule L1302 List of Arbitrators Rule L1304 Continuances Rule L1306 Awards Rule L1308.1 Compensation for Arbitrators Rule L1308.2 Appeals ACTIONS PURSUANT TO
PROTECTION FROM ABUSE ACT
Rule L1903 Protection from Abuse Enforcement Rule L1903.1 Enforcement Methods Rule L1903.2 Probable Cause Arrest Rule L1903.3 Private Criminal Complaint Rule L1903.4 Preliminary Arraignment Rule L1903.5 Contempt-Delivery of District Justice File to Court Rule L1903.6 Contempt-Court Hearing Rule L1903.7 Civil Contempt SUPPORT
Rule L1910.12 Support Hearing Procedure Rule L1910.12(f) Exceptions to Court Hearing Officer's Report CUSTODY
Rule L1915.3 Custody Rule L1915.3(b) Form of Notice of Conference Rule L1915.3(f) Conference Results Rule L1915.4-2(f) Waiver Rule L1915.4-2(h) Request for De Novo Hearing Withdrawn Rule L1930 Seminar for Separating Parents in Contested Custody Matters DIVORCE Rule L1920.33 Divorce Pre-trial Statements Rule L1920.51 Appointment of Court Hearing Officer, Notice of Hearing, Pre-hearing, and Continuances Rule L1920.51A Appointment of Court Hearing Officer Rule L1920.51B Fees and Costs Rule L1920.53D Hearing Transcripts Rule L1920.76 Form of Divorce Decree Rule L1920.76 Incorporation of Agreement in Divorce Decree MISCELLANEOUS
Rule L2039, Rule L2064, and Rule L2206--Approval of compromises involving minors, incapacitated persons, wrongful death and survival actions. COURT REPORTING & TRANSCRIPTS
Rule L5000 Uniform Rules Governing Court Reporting and Transcripts Rule L5000.7 Fees for Transcripts Rule L5000.13 Ownership of Notes; Safeguarding; Retention TAX APPEALS Rule L5003 Appeals from Real Estate Assessment RULE OF JUDICIAL ADMINISTRATION 1901
Prompt Disposition of Matters; Termination of Inactive Cases RULES OF CRIMINAL PROCEDURE
Rule 1 Scope of Local Rules Rule 2 Purpose and Construction Rule 3 Definitions Rule 4 Citing the Rules Rule 5 Design of Forms Rule 10 Release of Information Rule 10.1 Restriction on Removal of Records and Files PROCEDURE IN COURT CASES
Rule 112 Notice to be Sent When Case is Initiated by Summons Rule 140 Notice to be Given at Preliminary Arraignment Rule 140A Notice Required Following Waiver of Preliminary Hearing Rule 141 Preliminary Hearing Rule 300 Scheduling Procedures-- (Warren County) PRETRIAL PROCEDURES Rule 302 Attorneys--Appearances and Withdrawals Rule 303 Arraignment Rule 307 Time for Omnibus Pre-Trial Motion Rule 308 Transportation of Defendant for Court Proceedings Rule 311 Settlement Conference-- (Warren County) Rule 319 Plea Agreements Rule 1111 Contact with Jurors Rule 1130 Admission and Custody of Exhibits PROBATION/PAROLE
Rule 1405 Probation/Parole General Rules and Regulations Rule 1409 Violation of Probation or Parole-- Hearing and Disposition Rule 1410 Arrest and Processing of Probation/ Parole Violators MOTIONS
Rule 9020 Motions
WARREN AND FOREST COUNTY
COMMON PLEAS COURT RULESRule L49. Official Periodical.
The official legal periodical for Forest County shall be The Forest Press and for Warren County shall be the Warren Times Observer.
All legal notices shall be published in accordance with applicable rules in the forgoing publications.
Rule L50. Terms of Court.
There shall be a continuous session of Court annually. The Prothonotary shall separately number all causes filed numerically and consecutively throughout the calendar year. On the first day of January each successive year, the numbering shall commence anew.
Rule L51. Title and Citation of Rules.
The Local Rules of the 37th Judicial District of the Commonwealth of Pennsylvania shall be known and cited as ''37 L ____ .''
Rule L52. Effective Date.
These Local Rules shall become effective within thirty (30) days after publication in the Pennsylvania Bulletin and shall be applicable to pending actions.
Rule L101. Principles of Interpretation and Construction of Rules.
When interpreting any rule, the principles of interpretation, rules of construction, and presumptions in ascertaining intent, set forth in the Pa. Rules of Civil Procedure, ''Pa.R.C.P.'' shall be applied.
Rule L200. Attorneys.
1. No attorney, judge, or any elected official having decisional power and whose duties are related to the judicial process of the District shall be accepted as surety in any suit, action, prosecution or proceeding pending within the District, provided, that this rule shall not prohibit any such person from being accepted as principal or surety in any action or proceeding in which such person is personally involved as a party.
2. The signing of a pleading by an attorney shall constitute that attorney's entry of appearance irrespective if the signature is made on behalf of a professional corporation, partnership or similar entity. Appearances by attorneys or parties not signing pleadings shall be made by written praecipe filed with the Prothonotary of the respective Court in the District.
3. An attorney may withdraw after entry of appearance for a party without leave of Court pursuant to Pa.R.C.P. 1012. When leave is required the withdrawing attorney shall file a petition to withdraw and a copy of the same shall be served on all parties, or their counsel. The Court shall not grant the petition until entrance of appearance by substitute counsel or until at least thirty (30) days after service of the petition.
Rule L200.1. Sureties.
1. No corporation shall be accepted as surety upon any bond to be approved by the Court unless such corporation has filed in the office of the Prothonotary of the County of the District a certificate issued by the Insurance Commissioner of the Commonwealth authorizing it to become surety on bonds, obligations and undertakings and certifying that such certificate has not been revoked by the Insurance Commissioner.
2. In all cases where surety other than a corporation is required to be approved by the court for bonding purposes, the individual offering the surety for approval shall execute an affidavit in the following form which shall be provided by the Prothonotary.
COMMONWEALTH OF PENNSYLVANIA
County of Warren/Forest SS:
The undersigned, being considered as a proper surety in the above entitled case and being duly sworn according to law, deposes and states:
1. My (our) full post office address is:
__________
__________
__________
2. I (we) own real estate in Warren/Forest County, Pennsylvania, in fee simple in my (our) name(s) having a fair market value of at least $ ______ .
3. That attached hereto is the appraisal of a licensed real estate appraiser within the Commonwealth of Pennsylvania/or certified copy of the County tax assessment record.
4. That attached hereto is the certificate of an attorney of all recorded liens against the said realty.
5. The real estate is recorded in my (our) name(s) in Warren/Forest County Deed Book/Record Book Vol. _____ , Page _____ .
_________________
SignatureSworn and subscribed to me this
____ day of _____ , __ .
_________________
Rule L205.1. Flat Filing and Face Sheet.
All pleadings and papers in connection therewith, petitions and motions filed with the Prothonotary in an action at law or in equity and in other matters designated under the Rules of Civil Procedure shall be prepared for flat filing. Every pleading and legal paper, of two or more pages, shall have a face sheet in substantially the form of Exhibit L205.1. See also Rule L300C.
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF
PENNSYLVANIA
______ COUNTY BRANCH
CIVIL ACTION-LAW_________________ ,
Plaintiff
vs. No. A. D. ______________________ ,
DefendantType of Document: __________
__________
(Filed on Behalf of)
__________
(Plaintiff/Defendant)
Counsel of Record for this Party:
__________
(Name of Attorney Primarily Responsible)
Supreme Court I. D. No. ________________
(Firm name, if any)
__________
(Address)
__________
__________
__________
(Phone)
__________
(Fax number)
Exhibit L205.1
Rule L205.2. Pro Se Filings.
All pro se complaints, petitions and motions must be filed and docketed in the office of the Prothonotary. The Prothonotary may refuse to accept filings not accompanied by the requisite filing fee. Complaints, petitions and motions sent to any other office may be returned with a copy of this rule attached thereto.
The Prothonotary shall forward a copy of all documents filed by individuals who are represented by counsel of record to that attorney.
All pro se filings shall be clocked in by the Prothonotary. Filings which are not in compliance with the law, rule of court or the appropriate fee schedule shall be duly noted and forwarded immediately to the office of the Court Administrator. The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency in the filing.
The notice shall be as follows:
NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS OF FOREST/WARREN COUNTY WHICH IS NOT IN COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER YOU SHOULD CONTACT THE FOLLOWING AGENCIES TO OBTAIN LEGAL HELP:
PA Lawyer Referral
ServicesNorthwestern Legal
ServicesPA Bar Association Warren, PA 16365 100 South Street Phone (800) 665-6957 Harrisburg, PA 17108 Phone (800) 692-7375 IF YOU DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE YOU HAVE VIOLATED OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.
AMERICANS WITH DISABILITIES
ACT OF 1990The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
RULE L206. MOTIONS AND PETITIONS
Rule L206A. Petitions shall be Governed by Pennsylvania Rule of Civil Procedure 206.5.
Rule to Show Cause. Discretionary issuance.
All petitions shall proceed under Pennsylvania Rule of Civil Procedure 206.5.
Rule L206B. Notice and Service to Opposing Party or Counsel.
1. Uncontested Motions.
Before an uncontested motion is filed, the moving party shall furnish a copy of the motion and any proposed order to every other party or counsel of record. Certification that the motion and proposed order are uncontested shall be completed and attached thereto in the form of Exhibit L206(1). Counsel may either certify that all parties or their counsel have consented or attach the written consents thereto.
UNCONTESTED MOTION CERTIFICATION
Form L206(1)The undersigned represents that:
____ 1. All parties or counsel have consented.
____ 2. Consents of all parties or counsel are attached.
____ 3. The Order seeks only a return hearing or argument date and no other relief.
____ 4. The Order seeks only the appointment of a master or hearing officer, incorporation of an agreement in a divorce decree or other order, and no other relief.
Opposing Counsel: ______
(if opposing party is unrepresented, list his/her current
address and telephone): ____________________
__________
(Phone) ______
I HEREBY CERTIFY ALL OF THE ABOVE
STATEMENTS ARE TRUE AND CORRECTBy: ______
Attorneyfor: ______
2. Contested Motions.
In all contested matters, the moving party shall serve upon the opposing party or opposing counsel a copy of the proposed motion and order prior to presentation to the Court and shall inform the opponent of the date and time when the proposed motion and order is to be presented. Such notice and service shall occur at least two (2) business days prior to the date for presentation. See Exhibit L206(2)
FORM L206(2)
CONTESTED MOTION NOTICE
NOTICEYou are hereby notified that the attached motion/petition will be presented by me to the Court on the __ day of ______ , ____ at ____ o'clock __ m.
The undersigned represents that two days prior notice and a copy of this motion and proposed order have been served by ( ) first class mail, ( ) fax, or ( ) hand delivery on the ____ day of ______ , ____upon all parties or their counsel or record in accordance with Pa.R.C.P. No. 440.
INFORMATION FOR COURT ADMINISTRATOR
A. Is this an original filing in this case? ____ Yes ____ No
B. Has any judge heard this matter previously? ____ Yes ____ No
C. If yes, name of judge who presided over previous matter:
__________
D. Estimated court time required if this matter is granted: ____ Minutes ____ Hours ____ Days
E. Is this motion/petition opposed by another party?
____ Yes ____ No ____ Unknown3. Certification of Service.
Service of the motions shall be in accord with Pennsylvania Rule of Civil Procedure No. 440. The motions shall set forth the manner in which notice and service has been given, attaching certification thereof in the form of Exhibit L206(2).
4. Service of Order Entered.
All orders entered by the Court after presentation of the motion or petition shall be served upon the opposing party or counsel by the moving party in accordance with Pa.R.C.P. No 440 within three days after entry of an order. Service of a conformed order is deemed sufficient. As a courtesy, the Prothonotary may furnish a copy of the actual order at a further date but the responsibility of the moving party or counsel to effectuate service is not relieved thereby. The time allowed for response by opposing parties or counsel to any rule or order of court shall date from the service of the conformed order by the moving party.
Rule L206C. Presentation of Contested Motions.
All contested motions and petitions shall be presented to the Court at times the Court is available as established by the Court Administrator. All motions shall be presumed to be contested motions unless the uncontested motions certification (Exhibit L206(1)) is completed and attached to the motion.
Rule L206D. Uncontested Motions.
1. Uncontested Motions Definition. Uncontested motions are defined as those:
(a) Motions upon which all parties or their counsel of record have consented to the motion and the proposed order; or
(b) Where the proposed order seeks only a rule to show cause with a return hearing or argument date and no such other or further relief; or
(c) Where the proposed order seeks only the appointment of a master or hearing officer or the incorporation of an agreement into a divorce decree or other order of Court and no other relief.
(d) Motions for summary judgment, motions for judgment on the pleadings, motion for post-trial relief pursuant to Pa.R.C.P. No. 227.1, and all other motions which must be filed within a prescribed time pursuant to the Rules of Civil Procedure and which seek a return hearing or argument date shall be filed as uncontested motions.
2. Filing of Uncontested Motions
Uncontested motions shall be filed with the Court Administrator. The Court Administrator will set an appropriate hearing date or argument date or present the same to the Judge for entry of the uncontested proposed order or appointment of a master or hearing officer. If the motion is mailed to the Court Administrator then enclose a self-addressed, postage prepaid envelope for the return of the order to counsel.
Rule L206E. Contents of Motions or Petitions.
All motions, rules, petitions and orders and reasons therefore, shall be typewritten or printed, signed by a party or counsel of record and shall contain the caption of the case, a description of the motion, the reasons therefore, and the relief requested. A proposed order shall be included. For all motions/petitions, the notice, the certification of service, the information for the court administrator, and, if applicable, the uncontested motion certification shall be completed in the form of Exhibit L206(1) and attached as the last page to the motion/petition.
When the motion or petition requests a hearing it shall contain (a) an estimate of the amount of time the hearing will take and (b) the name of the judge who heard any prior matter in the case. Notice and service shall be given at least two business days prior to the date for presentation. This notice requirement may be waived by opposing counsel in writing.
Rule L206F. Verification.
Motions or petitions which are based on matters not of record in the case must be verified in accordance with Pennsylvania Rule of Civil Procedure 1024.
Rule L206G. Answer to Petition or Rule to Show Cause
Each respondent shall file an answer to a petition or rule to show cause within the time prescribed by the Court or if not stated within twenty (20) days after the petition or rule is served on such respondent. Respondent shall at once serve a copy of the pleading on each adverse party or their counsel in the manner prescribed by Pa.R.C.P. No. 440. Answers shall conform to the requirements for answers to complaints in civil actions under the applicable Rules of Civil Procedure, and the manner and effect of failure to answer, admissions and/or denials shall be governed by the provisions of Pa.R.C.P. No. 206.7.
Rule L206H. Petitions.
The petitioner shall notify the respondent on the face sheet of the petition of the following:
NOTICE A petition has been filed against you in Court. If you wish to defend against the claims set forth in the petition, you must take action as specified in the court order or rule returnable and file in writing with the court your defenses or objections to the matter set forth against you. You are warned that if you fail to do so, the case may proceed without you and an order may be entered against you by the court without further notice for the relief requested by the petitioner. You may lose rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help.
PA Lawyer Referral
ServicesNorthwestern Legal
ServicesPA Bar Association Warren, PA 16365 100 South Street Phone (800) 665-6597 Harrisburg, PA 17108 Phone (800) 692-7375 AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
Rule L210. Form of Briefs.
Briefs shall be in the form specified by the Pennsylvania Rule of Civil Procedure 210.
Any party desiring to file a brief shall do so upon the following schedule:
A. The moving party shall file a brief ten days in advance of argument court; B. The responding party shall file a brief three days in advance of argument court. Briefs shall be filed with the Prothonotary with a copy to the Court Administrator.
Briefs which refer to deposition testimony, affidavits, answers to interrogatories, etc. shall have appended to the brief a copy of that portion of the testimony referenced in the brief.
Rule L211. Oral Arguments.
1. Oral arguments shall be limited to a maximum of seven (7) minutes for each party unless extended by the Court.
2. Rebuttal and surrebuttal argument shall be permitted only by leave of Court.
3. The Prothonotary shall schedule oral arguments upon praecipe. The argument list shall close 20 days before argument court.
Rule L212. Pre-Trial Conference.
1. Thirty days prior to the civil trial term commencing, the civil trial list shall be closed and the Prothonotary shall prepare a civil trial list of all civil cases which have been noted ready for trial. The list shall include cases for jury and non-jury trial.
2. The Court Administrator shall schedule pre-trial conferences on the civil cases and shall notify counsel of the date and time of the pre-trial conferences, which shall be held in the Judge's Chambers.
3. Counsel attending the pre-trial conference must have full and complete authority to stipulate on items of evidence, admissions, and settlement. In the absence of such authority, counsel shall have their client immediately available, either in person or by telephone.
4. At the pre-trial conference the parties shall comply with Rule 212 of Rules of Civil Procedure, and in addition thereto shall submit to the Court and other counsel a pre-trial statement containing:
(a) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence, fact or law; and in the event of the latter, supporting citations of counsel's position of the law.
(b) A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses. The listing of a witness shall impose no obligation to call the witness or to procure his attendance at trial.
(c) Medical reports, including hospital records and the reports of any experts whose opinions will be offered in evidence at time of trial.
(d) A specific listing of all non-pecuniary injuries sustained and damages sought in terms of temporary or permanent injury.
(e) A list of all exhibits the party intends to use at trial.
(f) An estimated length of time which will be required to present the parties' respective cases in chief.
Rule L216. Grounds for Continuance.
A first continuance shall be granted in all cases upon agreement of counsel. A subsequent continuance will be granted only with the agreement of counsel and the parties in writing. No third continuance shall be granted except by leave of Court.
Rule L217A. Bill of Costs.
A bill of costs must contain the names of the witnesses, the date of their attendance, the number of miles actually traveled by them, and the place from which mileage is claimed. The bill shall be verified by the affidavit of the party filing it or his agent or attorney that the witnesses named were actually present in court, and that, in the attorney's opinion they were material witnesses. Where the service of a notice to appear, produce, or a subpoena was necessary, to compel the appearance of a witness or the production of evidence, such notice or subpoena, showing the time, place, and cost of service thereof, shall be filed with the bill. Any receipts for disbursements made for necessary exemplification of records, or in taking depositions in the case, or for other costs recoverable by law or rule of court, shall be filed with the bill. A copy of the bill of costs shall be served on opposing counsel pursuant to Pa.R.C.P. No. 440.
Rule L217B. Exceptions to Bill of Costs.
The party upon whom a bill of costs has been served may, within ten (10) days after such service, file exceptions thereto, and the issue shall be determined by the court. Failure to file exceptions within ten (10) days shall be deemed a waiver of all objections.
Rule L221. Pre-emptory Challenges.
1. After the jury panel is drawn for each case the Court shall conduct a voir dire to exclude from the list members for cause. Thereafter the Plaintiff shall conduct Plaintiff's voir dire, and thereafter Defendant shall conduct Defendant's voir dire. Counsel shall be limited in their voir dire interrogation to the panel collectively, and the voir dire shall be structured to seat a fair and impartial jury.
Rule L223. Conduct of Jury Trial.
1. Each party shall be limited to two witnesses whose testimony is similar or cumulative, without leave of Court.
2. Time frames for opening and closing statements shall be set by the Court following pre-trial conference.
Rule L226. Points for Charge.
1. Each point for charge shall be submitted to the Court separately numbered on stationary 8 1/2 inches by 11 inches, double-spaced, containing the caption and the point number.
2. Each point shall be supported by a citation of case or cases to support it or to a statute reference. The Court shall rule on each point prior to the attorney's summations.
3. Each point for charge shall not be repetitious by structuring the same point with different words.
Rule L227.1. Post-Trial Relief.
1. All post-trial relief motions shall be in writing and shall be argued before the Court on the regular scheduled civil calendar argument date.
2. Each point of trial error shall be specifically identified and referenced to the trial transcript (if available) by page and line.
Rule L227.3. Transcript of Testimony.
1. The party filing post-trial motions shall cause the transcript or portion thereof to support the motion to be transcribed before the motion is argued.
2. The party requesting the transcript or portion thereof shall request the same to be transcribed by the Court Reporter in writing and deliver the request to the Reporter.
3. The party ordering the transcript shall be responsible to pay the reporter who may refuse to deliver it until paid and when paid shall be entered as a record cost.
4. Upon agreement of counsel and the Court, the Court may dispose of the motion without the transcript.
Rule L240. In Forma Pauperis--Appointment of Counsel.
The Court desires that legal services in civil actions shall be provided to indigents and qualified persons. Upon petition filed with the Court pursuant to motions practice, the Court will assign counsel to represent indigents in civil actions where deprivation of substantial rights may occur, such as dependency actions and actions to terminate parental rights. The petition for the assignment of counsel in a civil action shall be in the form set forth on Exhibit L240 of these rules. A supply of these forms shall be maintained by the Prothonotary and the Domestic Relations Section.
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT
OF PENNSYLVANIA
______ COUNTY BRANCH
PETITION FOR THE APPOINTMENT OF COUNSEL
IN A CIVIL ACTIONTO THE HONORABLE ______ , THE JUDGE OF SAID COURT:
The petitioner respectfully represents and petitions the court as follows:
1. Petitioner is __________
who resides at __________
and is the (plaintiff) (defendant) in the above entitled action.2. Petitioner's social security number is __________
and his/her income and expense information as set forth below is complete and true.3. That this is an action for __________
4. That this is a civil action which may lead to the deprivation of substantial rights of the petitioner and thus raises due process and equal protection questions where by the petitioner is entitled to the assignment of counsel.
5. That the petitioner is, for financial reasons, unable to obtain counsel to represent him/her in this action as the petitioner does not have sufficient income or assets to hire counsel nor does petitioner have the ability to borrow money or obtain gifts from relatives, friends, or otherwise in order to hire counsel. Petitioner has made the following efforts to obtain counsel:
__________
__________
6. I represent that the information below relating to my ability to pay counsel fees is true and correct:
(a) Employment
(i) I am presently employed and state as follows:
Employer __________
Address __________
__________
Salary or wages per month __________
Type of work __________
(ii) I am presently unemployed and state as follows:
Date of last employment __________
Salary or wages per month __________
Type of work __________(b) Other income within the past twelve months
Business or profession __________
Other self-employment __________Interest __________
Dividends __________Pension and annuities __________
Social security benefits __________
Support payments received __________
Disability payments __________
Unemployment compensation and
supplemental benefits __________
Worker's compensation __________
Public Assistance __________Other __________
(c) Other contributions to the support of my household (wife) (husband) (other adult living with me) ______
( ) My (wife) (husband) (or other adult) is employed, and I state:
Employer __________
Salary or wages per month __________
Type of work __________
Contributions from children __________
Contributions from parents __________
Other contributions __________
( ) My wife, husband, or other adult is not employed.
(d) Property owned
Cash __________
Checking account __________
Savings account __________
Certificates of deposit __________
Real estate (including home): __________
Motor vehicle: Make _____ Year ____
Cost ______ Amt. owed __________
Stocks; bonds __________
Other __________(e) Debts and obligations:
Mortgage __________
Rent __________
Loans __________
Other __________
__________(f) Persons dependent upon me for support
(Wife) (husband)
Name __________
Children, if any
Name Age __________ __________ __________ __________ __________ __________ __________ __________ Other persons:
Name __________
Relationship __________7. Petitioner (is) (is not) receiving Public Assistance.
8. I agree that I have a continuing obligation to inform the Court and my court appointed counsel of any improvement in my financial circumstances which then may enable me to pay attorney's fees.
WHEREFORE, petitioner respectfully requests that this court appoint and assign counsel to represent him/her in this action.
__________
(Print Name)
VERIFICATION
I, _________________ , verify that the statements made in this petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
_________________
(Sign Name)
ORDER AND NOW, this ____ day of ______ , ____ upon consideration of the within petition the Court believing, based upon the representation and sworn statements of the petitioner, that the petitioner is indigent; and the Court further believing that this action affects ''substantial rights'' of the petitioner raising due process and equal protection questions, the court concludes that the petitioner has a right to the assignment of counsel to represent him/her in this action.
Accordingly, ______ , Esq., is hereby appointed to represent the petitioner in this action until the petitioner in financially able to obtain counsel to represent him/her in this matter. In the latter event, counsel appointed to represent the petitioner shall continue to represent the petitioner either pursuant to an agreement between counsel and the petitioner regarding the payment of fees and costs or, in lieu thereof, counsel or the petitioner may file a motion or petition with this Court to determine the petitioner's ability to pay counsel fees and the terms and conditions thereof.
BY THE COURT
__________
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
