Sch.Co.O.C. Rule 1: Judges and Local Rules

SCH.CO.O.C. RULE 1: JUDGES AND LOCAL RULES

Rule 1.2A. Local Rules. Rules Committee.

The Court shall, as often as needed, appoint a committee and shall designate the Chairperson to serve with an assigned Judge on the Orphans' Court Rules Committee. Each member of the committee shall be an active, practicing member of the bar of this Court and knowledgeable and experienced in substantive and procedural matters within the jurisdiction of the Court. It shall be the duty of said committee to meet with the Court for the purpose of recommending amendment, supplementation and/or repeal of these Rules so that said Rules shall at all times constitute a modern and efficient code for the conduct of the affairs of this Court.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2B. Filing, Indexing and Transmittal.

The original of all motions, petitions, and other pleadings shall be filed in the office of the Clerk. The Clerk shall assign a file number to each new proceeding, which number shall be included in all subsequent pleadings filed. The Clerk shall promptly transmit the pleadings to the Deputy Court Administrator-Orphans' Court for assignment to a Judge for disposition.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2C. Petitions and Motions.

(a) Every original petition or motion filed shall set forth in its first paragraph the citation of any statute, rule of court, or other authority relied upon to justify the relief requested.

(b) Every petition or motion filed shall state with particularity the grounds on which it is based and shall be accompanied by a proposed order which, if approved by the Court, would grant the relief sought by the pleading. Every response in opposition to a motion or petition shall be accompanied by a proposed order which. if approved by the Court, would deny or amend the relief sought by the pleading.

(c) The Court may direct that a Rule or Citation be issued, or may schedule a hearing or conference as the issues in the case may dictate.

(d) A copy of the notice required to be given shall be attached to the petition or motion.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2D. Briefs and Argument.

(a) The Court after conference or hearing or in lieu thereof, and whether requested by an interested party or on its own motion, may direct disposition of the issues upon briefs.

(b) Any party or his attorney may request oral argument upon a motion or issue involved in any controverted proceeding and the Court shall have the right to require oral argument.

(c) Unless oral argument is requested or specifically directed, the Court will decide the issues on briefs as submitted per briefing schedule set by the Court.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2E. Procedure Where Briefs are Filed. Contents of Briefs.

When a matter is directed for disposition on briefs, the attorney for the moving party, following a briefing schedule set by the Court, shall furnish the Court with a typewritten brief containing:

(a)(1) an index; (2) a history of the case; (3) a statement of the questions involved; (4) a statement of the facts of the case.; (5) a copy of the exceptions, if any; (6) in cases begun by petition, copies of the pertinent docket entries and of the pleadings; (7) a copy of the will and codicils or trust instrument and any other documents the construction of which is involved; (8) a brief of argument; and (9) a certificate of service per (c) of this rule.

(b) The brief of the respondent may contain a counter-statement of the questions involved, a counter-statement of the facts of the case, and shall contain a brief of argument.

(c) Copies of briefs shall be delivered to counsel of record for opposing parties at the same time a copy is delivered to the Court.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2F. Witnesses.

Unless the exigencies of the case require it, an attachment will not be issued to compel the appearance of a witness unless the witness shall have been served with a subpoena at least three days before the day fixed for hearing.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2G. Attorneys.

(a) Agreements. The Pennsylvania Supreme Court Rules of Civil Procedure relating to the Business of the Courts shall govern in agreements of attorneys relating to the business of the Court and to contingent fees, and to the regulation of fees for services and promises to pay for services.

(b) As witnesses. Members of the Bar should not appear as sole counsel in matters in which they expect to be called as witnesses.

(c) Attorney of Record. Every attorney, when employed by any party in any proceeding pending in this Court, shall have his name and Supreme Court identification number marked on the initial pleading or paper filed in the office of the Clerk. So long as the name of the attorney remains in the record, he shall be considered as the attorney for the party for whom his appearance is entered and shall be served with all required notices and pleadings. Any attorney whose client has an interest in the proceeding may, by praecipe, enter an appearance as of record. Any attorney who has properly entered an appearance will receive notice of all hearings, conferences, and orders.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2H. Record Papers. Reproduction of Papers.

(a)(1) Record Papers. The record papers in the office of the Clerk shall be in the custody of said official, who shall be responsible for their safekeeping. No person, other than the Clerk, or his duly authorized clerks shall have access to the files in which such record papers are kept.

(2) No one is authorized to remove records from the office of the Clerk. It is the duty of the Clerk to insure full compliance with this rule.

(3) The record papers in any proceeding may be examined and copied by any party in interest in the office of the Clerk. While the record papers in any case may be photocopied, the file copy of testimony may not be photocopied.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2I. Costs.

When not otherwise regulated by law, the Court will allocate costs in such manner as it deems equitable.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2J. Depository of the Court.

(a) Deposit of Money or Securities in Court. All monies paid or securities delivered into Court shall be deposited immediately in such bank or trust company as the Clerk may designate, to the credit of the court, in the particular estate or proceeding to which the money or securities may belong; and such depository shall keep a separate account of each payment and delivery, designating the same by name of the estate or proceeding.

(b) Withdrawals. No money shall be paid out of Court by the depository, or securities delivered, except on checks or orders of the Clerk accompanied by a certified copy of the Order of Court authorizing such withdrawal or delivery.

(c) Docket to be maintained. The Clerk shall maintain in his office a Money in Court Docket in which shall be entered concisely under the name of the respective estates, the Orders of Court directing money to be paid into court, as well as an accurate account of the money paid in and paid out, so that the record will fully explain itself.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2K. Decrees. Satisfaction and Enforcement.

(a) Satisfaction. Release. Acknowledgment of receipt of sums of money or property ordered to be paid or delivered by any award or decree of the Court may be made by appropriate release filed of record and noted in the docket entries.

(b) Order to Enforce Decree or Adjudication. Any party in interest may petition the Court for an Order to enforce compliance with the provisions of a decree or an adjudication.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2L. Bonds and Sureties.

(a) Corporate Fiduciaries. When the fiduciary is a corporation having fiduciary powers and authorized to do business in the Commonwealth, a bond will not be required unless the Court, upon cause shown, deems it advisable that a bond be filed.

(b) Corporate Sureties. Every application for the approval of a corporation to act as surety shall be accompanied by a statement, sworn to by the president, secretary or authorized agent of the corporation, that it is duly authorized by certificate issued to it by the Insurance Department of this Commonwealth to become surety on all bonds and obligations, that it has filed such certificate together with a copy of its financial statement with the Prothonotary of Schuylkill County in accordance with the rules of the Court of Common Pleas of Schuylkill County and that the certificate is still in full force and effect.

(c) Individuals as Sureties. All bonds presented for approval, except those having proper corporate surety, shall be accompanied by an affidavit of each person offered as surety, setting forth: (1) his name and residence, and (2) that he is the owner in his individual right in fee simple of real estate located in Schuylkill County having a fair net value, after deducting all liens and encumbrances, in excess of the face amount of the bond upon which he is a surety.

(d) Bond Without Surety. The Court in its discretion may permit a party in interest to execute his individual bond, without surety. When a party in interest is authorized to execute his individual bond, the Court may direct that the bond to be executed contain a warrant of attorney to confess judgment, with or without default, and that judgment thereon be entered of record in the office of the Prothonotary.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 1.2M. Individual Fiduciaries. Assets and Investments.

(a) Segregation. Assets held by individual fiduciaries subject to the jurisdiction of the Court shall be kept separate and apart from their individual assets and, except where otherwise permitted by Act of Assembly, shall be held in the name of the fiduciary as such.

(b) Deposit of Uninvested Funds. All funds held uninvested shall be deposited in a bank or banks, or trust company or trust companies, the deposits of which are insured by the Federal Deposit Insurance Corporation.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

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