York County Orphans' Court Rules

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HTML Version Copyright 1996 Daniel B. Evans. All rights reserved.


Rule 1. Judges-Local Rules

[York Co. Note to Pa.O.C. Rule 1.1: See PEF Code § 701; See also 2 Pa.C.S. §§ 323, 324, 326, 326 and 1722(a)(1). 25 Pa.B. 2048 (5/27/95).]
Rule 1.2.1. Local Rules.
(a) The Orphans' Court Rules of the Nineteenth Judicial District, in conjunction with the Supreme Court Orphans' Court Rules and all Acts of Assembly regulating the practice and procedure in the Orphans' Court, shall regulate the practice and procedure in the Orphans' Court Division of this Court.

(b) The Rules of the Court of Common Pleas of York County shall, except where inconsistent with these rules, apply in Orphans' Court cases.

(c) These rules shall be known as the York County Orphans' Court Rules and shall be cited as Y.C.O.C.R. The Supreme Court Orphans' Court Rules shall be cited as Pa.O.C. Rules.

Note: See Pa.O.C. Rule 3.1.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.2. Local Rules.
Every paper filed with the Court shall be typewritten, double- spaced, except for quotations, and shall have a suitable backing upon which shall be endorsed the name of the estate or other party, the nature of the proceeding and the phrase, "File No..." for insertion of such number by the Clerk. Such backing shall be endorsed by the signature of an attorney authorized to practice in this Court, or the name of the party if he or she has no attorney. The name of the attorney or the name of the party, if he or she has no attorney, shall be typed under the signature.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.3. Docketing of Cases.
All pleadings and other papers shall be filed in the appropriate office before they shall be entertained by this Court.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.4. Non-Jury Trials and Other Proceedings.
Cases requiring a hearing before a judge shall include, but shall not be limited to, voluntary relinquishments of parental rights, involuntary terminations of parental rights, adoptions, appointments of guardians, hearings on objections to accounts and hearings on challenges to grants of letters. Hearings on all such cases shall be scheduled by the Court.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.5. Court Calendar.
The sessions of the Orphans' Court shall be in accordance with the Court calendar adopted annually.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.6. Argument Court.
Cases requiring argument shall be individually scheduled by order of the Court upon the filing of a praecipe by counsel with the Clerk of the Orphans' Court. A copy of this praecipe shall be provided to the Court.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.7. Inter Vivos Trust.
When the Court is first required to exercise its jurisdiction over an inter vivos trust, the original trust instrument or a copy of it certified by counsel to be true and correct and any amendments thereto shall be filed with the Clerk. These instruments shall be indexed and recorded by the Clerk. Any revocation shall be likewise filed, indexed and recorded. The Rules of Court applicable to testamentary trusts shall apply, generally, to inter vivos trusts.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 1.2.8. Sureties.
(a) Individual Sureties. Individuals proposed as sureties on bonds of fiduciaries shall make an affidavit to the Clerk, setting forth such information as the Clerk shall require. Each affidavit shall be filed together with its respective bond. No member of the Bar or any employee of this Court shall act as surety in any proceeding in this Court, except by special leave of Court.

(b) Corporate Sureties. Any corporate surety allowed to do business in Pennsylvania may act as surety, providing that a current certificate evidencing approval by the Insurance Department of the Commonwealth of Pennsylvania, together with a designation of attorney in fact, is on file with the Clerk.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]


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