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PA Bulletin, Doc. No. 04-1435



Local Rules 3.7 and 3.8; Orphans' Division No. 602 of 2004

[34 Pa.B. 4121]


   And Now, this 22nd day of July, 2004, pursuant to Rule 1.2 the Pennsylvania Orphans' Court Rules, it is hereby ordered that Local Rule 3.7 is rescinded and Local Rule 3.8 is amended to read as follows.

   The Clerk of the Orphans' Court is directed as follows:

   (1)  Seven certified copies of the Local Rules shall be filed with the Administrative Office of Pennsylvania Courts.

   (2)  Two certified copies and diskette of the Local Rules shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  One certified copy shall be sent to the Fayette County Law Library and to the Editor of the Fayette Legal Journal.

   This Local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule 3.8  Motions Court Procedure

   (a)  In order to provide a uniform means of presenting to the Court all matters which require action by the Court, Motions Court will be held daily at 9:00 o'clock A.M. in the courtroom of the Motions Judge. The name of the assigned Motions Judge for each day shall be published periodically in the Fayette County Legal Journal.

   (b)  All applications for Court action, including motions, petitions, and any other applications shall be presented to the Court by following this Motions Court procedure.

   (c)  As used herein, the term ''motion'' shall include every type of motion, petition, or other application for action by the Court, and shall be designated as either ''Priority'' or ''Routine,'' presentation of the latter not requiring the presence of the parties or counsel for either side. By definition, a ''priority'' motion is one which may be subject to contest or is so unusual as to require discussion or explanation, while ''routine'' motions include all other applications, such as uncontested matters to which the parties have consented in writing, requests for hearing, or requests for later argument.

   (d)  All motions and other applications for Court action presented as uncontested require certification as such, if no joinder has been attached.

   (e)  All motions filed and served pursuant to this rule shall include a Certificate of Service, signed by the party's attorney, or the party if unrepresented, setting forth the date and manner of service (personal delivery, mail, facsimile), and the names, addresses and phone numbers of the persons served. The Certificate of Service shall be substantially in the following form:


   I hereby certify that I am this day serving the within document upon the persons and in the manner indicated below.

   1.  Service by certified mail, return receipt requested: (Name of person served) ______ , ______ Phone Number______

   2.  Service by facsimile at FAX number ______ : (Name of person served) ______ , ______ Phone number______

   3.  Service in person: (Name of person served) _____ , ______ Phone number______

   Date: ______ Signature ______

   (f)  All motions shall be accompanied by a Certificate of Presentation as set forth in O.C.R. 3.8(m).

   (g)  All motions and other applications for Court action must set forth a specific citation to relevant constitutional provisions, case law, statutory provisions or rules that provide the Court's authority to grant the relief requested. Said citation shall be placed on a Certificate of Presentation.

   (h)  The moving party shall file the original motion, Certificate of Presentation, and any attachments in the appropriate office before presentment in Motions Court. An original proposed order, a copy of the Certificate of Presentation, motion and Certificate of Service, assembled in that order, shall be delivered to the Court Administrator and every other party of record. Such copies and notice shall be given so as to be received at least two (2) business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

   (i)  All priority motions pertaining to matters already ruled on by a Judge shall be presented to that Judge in Motions Court, except in emergencies as set forth in paragraph (h) of this Rule immediately above.

   (j)  The Court Administrator shall maintain a Motions Docket and shall make daily entries of all motions filed and the disposition thereof.

   (k)  The Court Administrator shall assign any motion not otherwise assigned to a Judge for disposition.

   (l)  Failure to accurately provide the information required by paragraph (m) below may result in the matter not being listed for Motions Court.

   (m)  The Certificate of Presentation shall be substantially in the following form:

: NO. ____ OF ____


   1.  The undersigned, _____ , represents _____ , the moving party herein.

   2.  The attached motion will be presented in Motions Court on _____ , _____ , 20__ at 9:00 o'clock A.M.

   3.  The attached motion shall be classified as a Routine/Priority motion. (If the motion is Routine, parties or counsel are not required to be present in Motions Court.)

   4.  Judge _____ has been assigned or has previously ruled on a matter relevant to this motion. (See attached relevant ruling.)

   5.  The SPECIFIC citation for the Court's authority to grant the relief requested is ______ .

   6.  Estimated time for hearing or argument to resolve the motion on its merits: ______ .

Respectfully submitted,


Date: ______

[Pa.B. Doc. No. 04-1435. Filed for public inspection August 6, 2004, 9:00 a.m.]

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