reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4009.33 - Motion for Entry Upon Property of a Person Not a Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A motion to permit entry upon property of
				  a person not a party shall begin with the notice prescribed by subdivision (c)
				  and shall describe with reasonable particularity the property to be entered and
				  the activities to be performed. The motion shall be served personally by an
				  adult in the same manner as original process. A copy of the motion shall also
				  be served upon all other parties to the action pursuant to Rule 440.
(b) If the person served does not
				  affirmatively consent to the entry, the motion may be presented to the court.
				  The moving party shall give the person served not less than fifteen days notice
				  of the presentation of the motion. Upon proof of service of the notice of the
				  presentation, the court, as it deems appropriate, may enter an order permitting
				  or denying the entry or set a date for a hearing. The order permitting entry
				  shall specify a reasonable time, manner or other condition of entry and of
				  making the inspection and performing any related acts.
(c) The notice required by subdivision (a)
				  shall be substantially in the following form:
(CAPTION)
IMPORTANT NOTICE
YOU HAVE PROPERTY WHICH THE PARTIES TO THE ABOVE LAWSUIT
					 WISH TO ENTER FOR INSPECTION OR OTHER ACTIVITIES. THE MOTION ATTACHED TO THIS
					 NOTICE ASKS THE COURT FOR AN ORDER ALLOWING THE ENTRY INTO YOUR PROPERTY. IF
					 YOU CONSENT TO THIS ENTRY PLEASE FILL IN THE ATTACHED FORM. PLEASE CONTACT THE
					 ATTORNEY LISTED BELOW:
____________
(Attorney filing the motion)
____________
(Address)
____________
(Telephone Number)
IF YOU DO NOT CONSENT TO THE ENTRY, YOU HAVE A RIGHT TO A
					 HEARING ON THE MATTER. A DATE FOR PRESENTATION OF THE MOTION TO THE COURT WILL
					 BE SET AND THE PARTY FILING THE MOTION WILL GIVE YOU FIFTEEN DAYS NOTICE OF ITS
					 PRESENTATION. IF YOU DO NOT APPEAR AT THE PRESENTATION OF THE MOTION, THE COURT
					 MAY ENTER AN ORDER ALLOWING ENTRY.
YOU MAY WISH TO TAKE THIS NOTICE TO A LAWYER WHO CAN ADVISE
					 YOU. IF YOU DO NOT HAVE A LAWYER AND WISH TO OBTAIN ONE, CONTACT THE OFFICE SET
					 FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
					 LAWYER.
____________
(Name of Office)
____________
(Address of Office)
____________
(Telephone Number)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4010 - Physical and Mental Examination of Persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) As
				  used in this rule, "examiner" means a licensed physician, licensed dentist or
				  licensed psychologist.
(2)
(a) When the mental or physical condition of
				  a party, or of a person in the custody or under the legal control of a party,
				  is in controversy, the court in which the action is pending may order the party
				  to submit to a physical or mental examination by an examiner or to produce for
				  examination the person in the party's custody or legal
				  control.
(3) The order
				  may be made only on motion for good cause shown and upon notice to the person
				  to be examined and to all parties and shall specify the time, place, manner,
				  conditions and scope of the examination and the person or persons by whom it is
				  to be made.
(4)
(i) The person to be examined shall have the
				  right to have counsel or other representative present during the examination.
				  The examiner's oral interrogation of the person to be examined shall be limited
				  to matters specifically relevant to the scope of the examination.
(ii) Subdivision (a)(4)(i) shall not apply to
				  actions for custody, partial custody and visitation of minor
				  children.
(5)
(i) The party who is being examined or who is
				  producing for examination a person in the party's custody or legal control may
				  have made upon reasonable notice and at the party's expense a stenographic or
				  audio recording of the examination. Upon request and payment of reasonable
				  cost, the party who caused the recording to be made shall provide each other
				  party with a copy of the recording.
(ii) Subdivision (a)(5)(i) shall not apply to
				  actions for custody, partial custody and visitation of minor
				  children.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4010.1 - Evaluation of Earning Capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When the earning capacity of a party, or of a person in the custody or under
				  the legal control of a party, is in controversy, the court in which the action
				  is pending may order the party to submit to an evaluation by a suitably
				  licensed or certified evaluator or to produce for evaluation the person in the
				  party's custody or legal control.
(b) The evaluation shall be subject to the
				  provisions of Rule 4010(a)(3) through (b)(3) inclusive.
(c) The evaluator may testify as a witness on
				  the issue of damages only and not as a witness on the issue of
				  liability.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4011 - Limitation of Scope of Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
No discovery, including discovery of electronically stored
					 information, shall be permitted which
(a) is sought in bad faith;
(b) would cause unreasonable annoyance,
				  embarrassment, oppression, burden or expense to the deponent or any person or
				  party;
(c) is beyond the scope of
				  discovery as set forth in Rules 4003.1 through 4003.6;
(d) is prohibited by any law barring
				  disclosure of mediation communications and mediation documents; or
(e) would require the making of an
				  unreasonable investigation by the deponent or any party or witness.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4012 - Protective Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon motion
				  by a party or by the person from whom discovery or deposition is sought, and
				  for good cause shown, the court may make any order which justice requires to
				  protect a party or person from unreasonable annoyance, embarrassment,
				  oppression, burden or expense, including one or more of the following:
(1) that the discovery or deposition shall be
				  prohibited;
(2) that the discovery
				  or deposition shall be only on specified terms and conditions, including a
				  designation of the time and place;
(3) that the discovery or deposition shall be
				  only by a method of discovery or deposition other than that selected by the
				  party seeking discovery or deposition;
(4) that certain matters shall not be
				  inquired into;
(5) that the scope
				  of discovery or deposition shall be limited;
(6) that discovery or deposition shall be
				  conducted with no one present except persons designated by the court;
(7) that a deposition shall be sealed and
				  shall be opened only by order of the court;
(8) that the parties simultaneously shall
				  file specified documents or information enclosed in sealed envelopes to be
				  opened as directed by the court;
(9) that a trade secret or other confidential
				  research, development or commercial information shall not be disclosed or be
				  disclosed only in a designated way.
If the motion for a protective order is denied in whole or
					 in part, the court may, on such terms and conditions as are just, order that
					 any party or person provide or permit discovery.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4013 - Stay of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
The filing of a motion for a protective order shall not
					 stay the deposition, production, entry on land or other discovery to which the
					 motion is directed unless the court shall so order. The court for good cause
					 shown may stay any or all proceedings in the action until disposition of the
					 motion.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4015 - Persons Before Whom Depositions May be Taken

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within the United States or within a
				  territory or insular possession subject to the dominion of the United States,
				  depositions shall be taken before an officer authorized to administer oaths by
				  the laws of the United States or of this Commonwealth or of the place where the
				  examination is held, or before a person appointed by the court in which the
				  action is pending. A person so appointed shall have power to administer oaths
				  and take testimony.
(b) In a
				  foreign country, depositions may be taken
(1)
				  on notice before a person authorized to administer oaths in the place in which
				  the examination is held, either by the law thereof or by the law of the United
				  States, or
(2) before a person
				  commissioned by the court in which the action is pending, and a person so
				  commissioned shall have the power by virtue of the commission to administer any
				  necessary oath and take testimony, or
(3) pursuant to a letter rogatory. A
				  commission or a letter rogatory shall be issued on application and notice and
				  on terms that are just and appropriate. It is not requisite to the issuance of
				  a commission or a letter rogatory that the taking of the deposition in any
				  other manner is impracticable or inconvenient; and both a commission and a
				  letter rogatory may be issued in proper cases. A notice or commission may
				  designate the person before whom the deposition is to be taken either by name
				  or descriptive title. A letter rogatory may be addressed "To the Appropriate
				  Authority in (here name the country)." Evidence obtained in response to a
				  letter rogatory need not be excluded merely for the reason that it is not a
				  verbatim transcript or that the testimony was not taken under oath or for any
				  similar departure from the requirements for depositions taken within the United
				  States under these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4016 - Taking of Depositions. Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Objection to taking a deposition because
				  of the disqualification of the person before whom it is to be taken is waived
				  unless made before the taking of the deposition begins or as soon thereafter as
				  the disqualification becomes known or could be discovered with reasonable
				  diligence.
(b) Objections to the
				  competency of a witness or to the competency, relevancy, or materiality of the
				  testimony are not waived by failure to make them before or during the taking of
				  the deposition, unless the ground of the objection is one which was known to
				  the objecting party and which might have been obviated or removed if made at
				  that time.
(c) Errors and
				  irregularities occurring at the oral examination in the manner of taking the
				  deposition, in the form of oral questions or answers, in the oath or
				  affirmation, or in the conduct of parties and errors of any kind which might
				  have been obviated, removed, or cured if objections had been promptly made, are
				  waived unless seasonable objection is made at the taking of the
				  deposition.
(d) All errors and
				  irregularities in the notice for taking a deposition are waived unless written
				  objection is promptly served upon the party giving the notice.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4017 - Transcript of Testimony. Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person before whom the deposition is
				  taken shall put the witness on oath or affirmation and shall personally or by
				  someone acting under his or her direction and in his or her presence record the
				  testimony of the witness.
(b) The
				  testimony of the witness shall be transcribed. Objections to the manner of
				  preparation or the correctness of the transcript are waived unless they are
				  filed in writing with the court promptly after the grounds of objection become
				  known or could have been discovered with reasonable diligence.
(c) When the testimony is fully transcribed a
				  copy of the deposition with the original signature page shall be submitted to
				  the witness for inspection and signing and shall be read to or by the witness
				  and shall be signed by the witness, unless the inspection, reading and signing
				  are waived by the witness and by all parties who attended the taking of the
				  deposition, or the witness is ill or cannot be found or refuses to sign. Any
				  changes in form or substance which the witness desires to make shall be entered
				  upon the deposition by the person before whom it was taken with a statement of
				  the reasons given by the witness for making the changes. If the deposition is
				  not signed by the witness within thirty days of its submission to the witness,
				  the person before whom the deposition was taken shall sign it and state on the
				  record the fact of the waiver or of the illness or absence of the witness or
				  the refusal to sign together with the reason, if any, given therefor; and the
				  deposition may then be used as fully as though signed, unless the court holds
				  that the reasons given for the refusal to sign require rejection of the
				  deposition in whole or in part.
(d)
				  The person before whom the deposition is taken shall certify on the deposition
				  that the witness was duly sworn and that the deposition is a true record of the
				  testimony given by the witness.
(e)
				  In lieu of participating in the oral examination, parties served with notice of
				  taking a deposition may transmit written interrogatories to the person taking
				  the deposition, who shall propound them to the witness and record the answers
				  verbatim.
(f) Upon payment of
				  reasonable charges, the person before whom the deposition was taken shall
				  furnish a copy thereof to any party or to the deponent.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4017.1 - Video Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any
				  deposition upon oral examination may be taken as a matter of course as a video
				  deposition by means of simultaneous audio and visual electronic recording.
				  Except as provided by this rule, the rules of this chapter governing the
				  practice and procedure in depositions and discovery shall apply.
(1) Any party may have a video deposition
				  recorded simultaneously by stenographic means as provided by this
				  chapter.
(2) A video deposition may
				  be used in court only if accompanied by a transcript of the
				  deposition.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4019 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) The court may, on motion, make an
				  appropriate order if
(i) a party fails to
				  serve answers, sufficient answers or objections to written interrogatories
				  under Rule 4005;
(ii) a corporation
				  or other entity fails to make a designation under Rule 4004(a)(2) or
				  4007.1(e);
(iii) a person,
				  including a person designated under Rule 4004(a)(2) to be examined, fails to
				  answer, answer sufficiently or object to written interrogatories under Rule
				  4004;
(iv) a party or an officer,
				  or managing agent of a party or a person designated under Rule
				  4007.1(e) to be
				  examined, after notice under Rule
				  4007.1, fails to appear before
				  the person who is to take the deposition;
(v) a party or deponent, or an officer or
				  managing agent of a party or deponent, induces a witness not to
				  appear;
(vi) a party or an officer,
				  or managing agent of a party refuses or induces a person to refuse to obey an
				  order of court made under subdivision (b) of this rule requiring such party or
				  person to be sworn or to answer designated questions or an order of court made
				  under Rule 4010;
(vii) a party, in
				  response to a request for production or inspection made under Rule 4009, fails
				  to respond that inspection will be permitted as requested or fails to permit
				  inspection as requested;
(viii) a
				  party or person otherwise fails to make discovery or to obey an order of court
				  respecting discovery.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4020 - Use of Depositions at Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the trial, any part or all of a
				  deposition, so far as admissible under the rules of evidence, may be used
				  against any party who was present or represented at the taking of the
				  deposition or who had notice thereof if required, in accordance with any one of
				  the following provisions:
(1) Any deposition
				  may be used by any party for the purpose of contradicting or impeaching the
				  testimony of a deponent as a witness, or as permitted by the Pennsylvania Rules
				  of Evidence.
(2) The deposition of
				  a party or of any one who at the time of taking the deposition was an officer,
				  director, or managing agent of a party or a person designated under Rule
				  4004(a)(2) or 4007.1(e) to testify on behalf of a public or private
				  corporation, partnership or association or governmental agency which is a
				  party, may be used by an adverse party for any purpose.
(3) The deposition of a witness, whether or
				  not a party, may be used by any party for any purpose if the court finds
(a) that the witness is dead, or
(b) that the witness is at a greater distance
				  than one hundred miles from the place of trial or is outside the Commonwealth,
				  unless it appears that the absence of the witness was procured by the party
				  offering the deposition, or that the witness is unable to attend or testify
				  because of age, sickness, infirmity or imprisonment, or that the party offering
				  the deposition has been unable to procure the attendance of the witness by
				  subpoena, or upon application and notice that such exceptional circumstances
				  exist as to make it desirable, in the interest of justice and with due regard
				  to the importance of presenting the testimony of witnesses orally in open
				  court, to allow the deposition to be used.
(4) If only part of a deposition is offered
				  in evidence by a party, any other party may require the offering party to
				  introduce all of it which is relevant to the part introduced, and any party may
				  introduce any other parts.
(5) A
				  deposition upon oral examination of a medical witness, other than a party, may
				  be used at trial for any purpose whether or not the witness is available to
				  testify.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4023 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts of Assembly shall not be deemed
					 suspended or affected:
(1) Section
				  5325 of the Judicial Code, approved July 9, 1976, No. 142,
				  42 Pa.C.S. §
											5325.
(2) Section 5326 of the Judicial Code,
				  approved July 9, 1976, No. 142,
				  42 Pa.C.S. §
											5326.
(3) Any Act of Assembly relating
				  to shareholder actions for the inspection of corporate records or the
				  examination of persons and production of documents and tangible things at a
				  hearing or trial in proceedings upon insolvency, election contests, or appeals
				  from registration commissions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4024 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
The amendments promulgated November 20, 1978, effective
					 April 15, 1979, shall apply to all actions pending on April 15,
					 1979.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4025 - Abolition of Practice and Procedure under Repealed Statutes

Current through Register Vol. 54, No. 28, July 13, 2024
The practice and procedure provided in all former Acts of
					 Assembly governing depositions and discovery, which have been repealed by the
					 Judiciary Act Repealer Act (JARA), act of April 28, 1978, No. 53 and which are
					 now part of the common law of the Commonwealth by virtue of Section 3(b) of
					 JARA, are hereby abolished and shall not continue as part of the common law of
					 the Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.1 - Short Title and Citation

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Pennsylvania Rules of
				  Orphans' Court Procedure and may be cited as "Pa.R.O.C.P.___."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.2 - Purpose and Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Rules
				adopted by the Supreme Court regulating the practice and procedure of the
				Orphans' Court Divisions of this Commonwealth and the local rules adopted by
				such courts shall be liberally construed to secure the just, timely and
				efficient determination of every action or proceeding to which they are
				applicable. The court at every stage of any action or proceeding may disregard
				any error or defect of procedure that does not affect the substantive rights of
				the parties in interest.
(b) in the
				construction of the Pennsylvania Rules of Orphans' Court Procedure, the
				principles set forth in Pa.R.J.A. 104 to 115 shall be observed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.2 - Purpose, Application, and Construction of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
These Rules adopted by the Supreme Court regulate the
				practice and procedure of the Orphans' Court Divisions of this Commonwealth and
				the local rules adopted by such courts.
(b)
Application.
These
				Rules shall be liberally applied to secure the just, timely, and efficient
				determination of every action or proceeding to which they are applicable. The
				court at every stage of any action or proceeding may disregard any error or
				defect of procedure that does not affect the substantive rights of the parties
				in interest.
(c)
Construction
. In the construction of the Pennsylvania Rules of
				Orphans' Court Procedure, the principles set forth in Pa.R.J.A. 104 to 115
				shall be observed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.4 - Extension of Time Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
The court, upon its own motion or the motion of any party,
				  may extend any time period prescribed by these Rules.
Note
: Rule
				  1.4 is identical to former Rule
				  2.2.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.5 - Local Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				previously promulgated local rules are hereby vacated, effective September 1,
				2016, except for those local rules promulgated under Chapter XIV regarding
				guardianship of incapacitated persons, Chapter XV regarding adoptions, and
				Chapter XVI regarding proceedings pursuant to Section 3206 of the Abortion
				Control Act.
(b) All previously
				promulgated local rules under Chapter XIV regarding guardianship of
				incapacitated persons are hereby vacated, effective June 1, 2019.
(c) All previously promulgated local rules
				under Chapter XV regarding adoptions are hereby vacated, effective July 1,
				2022.
(d) The requirements for the
				promulgation and amendment of local procedural rules for orphans' court
				proceedings are set forth in Pennsylvania Rule of Judicial Administration
				103(d).
(e) The local rules
				applicable to practice in the Civil or Trial Division of the local Court of
				Common Pleas shall not be applicable in the Orphans' Court Division unless so
				directed by these Rules or by local rule adopted by the court of the particular
				judicial district in accordance with Pa.R.J.A. No. 103(d).
Note
: Effective August 1, 2016, Pennsylvania
				  Rule of Judicial Administration 103 was Adopted to consolidate and include all
				  local rulemaking requirements. Accordingly, the rulemaking requirements under
				  Pa. O.C. Rule
				  1.5 for the promulgation and
				  amendment of local procedural rules for orphans' court proceedings were
				  rescinded and replaced.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.6 - Mediation by Agreement, Local Rule, or Court Order

Current through Register Vol. 54, No. 28, July 13, 2024
All parties having an interest in a matter may participate by
				  written agreement, or the court by local rule or order in a particular matter
				  may provide for the parties to participate, in private mediation or in
				  court-supervised mediation.
Note
: Rule
				  1.6 has no counterpart in former
				  Orphans' Court Rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.7 - Entry and Withdrawal of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appearance.
Any counsel
				appearing before the court or the Register shall enter a written appearance by
				any one of the following means:
(1) filing an
				entry of appearance with the clerk or the Register;
(2) signing a legal paper that is filed with
				the clerk or the Register; or
(3)
				as prescribed by local rule, which may include submitting an appearance slip to
				the court, entering counsel's information when a legal paper is filed, or
				signing a cover sheet.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.8 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The forms
				approved by the Supreme Court for statewide practice and procedure before the
				Registers and courts shall be used exclusively and accepted for filing by all
				Registers and clerks; provided, however, versions of a Supreme Court-approved
				form shall be acceptable for filing if identical in content and sequential
				ordering.
(b) The forms approved by
				the Supreme Court for statewide practice are set forth in an Appendix to these
				Rules. The forms may be revised and supplemented from time to time. The forms
				shall also be maintained for public access at the official website of the
				Administrative Office of Pennsylvania Courts.
(c) A court may require a legal paper to be
				accompanied by a cover sheet or checklist. A court that imposes such
				requirements must promulgate a local rule, numbered Local Rule
				1.8(c), stating
				the requirements and setting forth the form of the cover sheet or checklist.
Note
: Rule
				  1.8 is substantively similar to
				  former Rule
				  1.3, but with some
				  modifications.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.40 - In Forma Pauperis

Current through Register Vol. 54, No. 28, July 13, 2024
Pa.R.C.P. No. 240 shall apply in every action or proceeding
				  before a court covered by these Rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter I - PRELIMINARY RULES › Rule 1.99 - Confidential Information and Confidential Documents. Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Unless public access is otherwise constrained by applicable
				  authority, any attorney, or any party if unrepresented, who files a legal paper
				  pursuant to these rules with the clerk shall comply with the requirements of
				  Sections 7.0 and
				  8.0 of the
Case Records
				  Public Access Policy of the Unified Judicial System of Pennsylvania
(Policy) including a certification of compliance with the Policy and, as
				  necessary, a Confidential Information Formor a Confidential Document Form, in
				  accordance with the Policy.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.1 - Form of Account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				where otherwise provided by an order of the court in a particular matter,
				Accounts shall be prepared and filed with the clerk in conformity with the form
				of the Model Accounts set forth in the Appendix or in conformity with any other
				form adopted by the Supreme Court subsequent to the date of adoption of these
				Rules.
(b) As illustrated in the
				Model Accounts, Accounts shall conform to the following rules:
(1) The dates of all receipts, disbursements
				and distributions, the sources of the receipts, and the persons to whom
				disbursements and distributions are made and the purpose thereof shall be
				stated. When a number of payments have been received from the same source or
				disbursed or distributed to the same recipient for the same purpose over a
				period of time, such receipts, disbursements or distributions need not be
				itemized, but may be stated in total amounts only, with beginning and ending
				dates within the period covered.
(2) Except where otherwise provided by an
				order of the court in a particular matter, principal and income shall be
				accounted for separately within the Account.
(3) Assets held by the accountant on the
				closing date of the Account shall be separately itemized.
(4) Every Account shall contain:
(i) a cover page;
(ii) a summary page with page
				references;
(iii) separate
				schedules, as needed, which set forth receipts, gains or losses on sales or
				other dispositions, disbursements, distributions, investments made, changes in
				holdings, and other schedules as appropriate; and
(iv) signature pages signed by all the
				accountants stating the Account and verified by at least one of the
				accountants. The verification of a personal representative's Account shall
				contain a statement that the Grant of Letters and the first complete
				advertisement thereof occurred more than four months before the filing of the
				Account, unless the personal representative has been directed by the court to
				file an Account prior to that time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.2 - Form; Assets Transferred by the Exercise of a Power of Appointment

Current through Register Vol. 54, No. 28, July 13, 2024
Assets that are appointed pursuant to the exercise of a power
				  of appointment shall be accounted for separately, and testamentary assets shall
				  be segregated from appointive assets.
Note
: Rule
				  2.2 has been revised but remains
				  substantively similar to subparagraph (d) of former Rule
				  6.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.3 - Form; Separate Accounts for Minors

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the court for cause shown directs otherwise, the
				  estate of each minor or the custodial account of each minor shall be accounted
				  for separately.
Note
: Rule
				  2.3 is substantively similar to
				  former Rule
				  6.2, except that Rule
				  2.3 now also expressly
				  encompasses the Account of a minor's custodial account.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.4 - Petition for Adjudication/Statement of Proposed Distribution; Virtual Representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				petition for adjudication/statement of proposed distribution shall be filed
				with the clerk at the time of filing an Account.
(b) In addition to other information required
				by the form, the petition for adjudication/statement of proposed distribution
				shall set forth the name of each interested party (whether
sui
				juris
or not) who is not receiving notice of the filing of the Account
				and the filing of the petition for adjudication/statement of proposed
				distribution because another individual or entity is proposed to represent such
				interested party pursuant to
				20 Pa.C.S. §
										751(6) or §§
				7721-7726, and shall set forth additional facts as to the following:
(1) a statement of the interested party's
				interest in the property; and
(2)
				for representation being proposed pursuant to
				20 Pa.C.S. §
											751(6),
(i) a statement that the interested party is
				not
sui juris
or is unborn, unknown or unascertained;
				and
(ii) one of the following:
(A) a statement that the proposed
				representative has an interest in the property similar to that of the
				interested party who is not
sui juris
or is unborn, unknown or
				unascertained; or
(B) a statement
				that the proposed representative is the
sui juris
living
				ancestor of the interested party who is not
sui juris
or is
				unborn, unknown or unascertained and that such living
sui juris
ancestor has an interest in the property that is not adverse to that
				of the interested party who is not
sui juris
or is unborn,
				unknown or unascertained; and
(3) for representation in trust matters being
				proposed pursuant to
				20 Pa.C.S. §§
											7721-7726,
(i) an explanation about how the interested
				party's interest in the property can be adequately represented by the proposed
				representative pursuant to
				20 Pa.C.S. §
												7723,
(ii) a statement that with respect to the
				matter at issue there is no conflict of interest between the proposed
				representative and the interested party to be represented that will or might
				affect the impartiality of the proposed representative (except as provided
				pursuant to
				20 Pa.C.S. §
												7723(7)); and
(iii) one of the following:
(A) either a statement that the proposed
				representative has been informed of the right to decline such representation
				pursuant to
				20 Pa.C.S. §
													7725
				within the time period set forth therein and has failed to inform the trustee
				in writing that he or she declines to be the proposed representative;
				or
(B) that the proposed
				representative's signed consent to serve is attached as an exhibit to the
				petition for adjudication/statement of proposed
				distribution.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.5 - Notice of Account Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No Account shall be confirmed or
				statement of proposed distribution approved unless the accountant has given
				written notice of the filing of the Account as provided in subparagraph (d) of
				this Rule to the following, as applicable:
(1) every unpaid claimant who has given
				written notice of his or her claim to the accountant or who has performed any
				action that is the equivalent of giving written notice as provided in
				20 Pa.C.S. §§
											3384 or
				7755;
(2) any other individual or entity with an
				asserted claim known to the accountant that is not shown in either the Account
				or the petition for adjudication/statement of proposed distribution as being
				either paid in full or to be paid in full;
(3) any other individual or entity known to
				the accountant to have or claim an interest in the estate or trust as a
				beneficiary, heir, or next of kin, except for those legatees or claimants whose
				legacies or claims have been satisfied in full as reflected in the Account or
				will be satisfied in full as proposed in the petition for
				adjudication/statement of proposed distribution;
(4) for an Account where a charitable
				interest is involved, refer to Rule 4.4; and
(5) to each co-fiduciary who does not join in
				the statement of Account.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.6 - Filing with the Clerk

Current through Register Vol. 54, No. 28, July 13, 2024
All Accounts shall be filed with the clerk.
Note
: Rule
				  2.6 is derived from what was
				  formerly Rule
				  6.6. Former Rule
				  6.4 regarding the time for filing
				  the first Account of the personal representative has been deleted as it is
				  codified in
				  20 Pa.C.S. §
										3501.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.7 - Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Objections to an Account and/or a petition for adjudication/statement of
				proposed distribution shall be filed with the clerk on or before the time and
				date of the audit in those counties holding an audit, and by a specified date
				in all other counties, with a copy served on the accountant or the accountant's
				counsel, if represented, and to each interested party and claimant who received
				the notice pursuant to Rule
				2.5, to the extent known,
				pursuant to Rule 4.3.
(b)
				Objections shall be in writing, with consecutively numbered paragraphs, signed
				by counsel, or if not represented by counsel, then by all the objectors in
				accordance with Rule
				3.12. Objections shall be
				verified by at least one of the objectors in accordance with Rule
				3.13.
(c) Each objection shall:
(1) be specific as to description and
				amount;
(2) raise one issue of law
				or fact, but if there are several objections relating to the same issue, all
				such objections shall be included in the same paragraph as subparts;
				and
(3) briefly set forth the
				reason or reasons in support thereof.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.8 - Pleadings Allowed After Objections are Filed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Answers to objections, preliminary
				objections to objections, and answers to preliminary objections are permitted,
				but a party does not waive any rights by failing to file any of the foregoing.
				If an answer to objections is filed, no responsive pleading to the answer is
				permitted.
(b) Preliminary
				objections to objections shall be limited to lack of jurisdiction over the
				subject matter and lack of standing.
(c) If filed, answers to objections,
				preliminary objections to objections, and answers to preliminary objections
				must be filed within 20 days after service of the applicable preceding
				pleading, with a copy served upon the accountant, if applicable, and to each
				interested party and claimant who received the notice pursuant to Rule
				2.5, or to his or her counsel, if
				represented.
(d) The court may
				summarily decide preliminary objections to objections and may do so prior to
				the filing of an answer to the preliminary objections.
Note:
Rule
				  2.8 has no counterpart in former
				  Orphans' Court Rules.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
				  Pennsylvania
.
See
Rule 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.9 - Confirmation of Accounts; Awards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An Account shall be confirmed or petition
				for adjudication/statement of proposed distribution approved when an
				adjudication or a decree of distribution is issued by the court and docketed by
				the clerk, expressly confirming the Account or approving the petition for
				adjudication/ statement of proposed distribution and specifying, or indicating
				by reference to the petition for adjudication/ statement of proposed
				distribution, the names of those to whom the balance available for distribution
				is awarded and the amount or share awarded to each.
(b) An adjudication confirming an Account
				discharges the fiduciaries as to those transactions set forth in the
				Account.
(c) The practice related
				to Schedules of Distribution shall be prescribed by local rule.
Note
: Rule
				  2.9 is substantively similar to
				  former Rule
				  6.11(a). Former
				  Rule 6.11(b) has been deleted.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.10 - Foreign Heirs and Unknown Distributees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If it appears that the decedent may have
				heirs in a foreign country but their location, existence or identity is
				unknown, the accountant or his or her counsel shall notify the consulate of the
				country, prior to audit, of the facts indicating that the decedent may have had
				heirs in that country.
(b) Whenever
				the existence, identity or whereabouts of a distributee is unknown, or it
				appears that a distributee may not have the actual benefit, use, enjoyment or
				control of the money or other property if awarded to him or her, or the court
				is requested to withhold distribution or to make an award other than to the
				distributee or his or her nominee, the accountant or his or her counsel shall
				submit to the court or auditor, as the case may be, a written report outlining
				the investigation made and the facts relevant thereto. The report shall be in
				such form and may be filed at such place and time as shall be prescribed by
				local rule or order of the court.
Note:
With only minor modifications, Rule
				  2.10 is substantively similar to
				  former Rules
				  13.2 and
				  13.3. Former Rule 13.1 has been
				  deleted.
The filings required by this rule are subject to the
Case Records Public Access Policy of the Unified Judicial System of
				  Pennsylvania
.
See
Rule 1.99.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS › Rule 2.11 - Appointment of Official Examiners

Current through Register Vol. 54, No. 28, July 13, 2024
The court, by local rule or order in a particular matter, may
				  appoint an official examiner who shall examine the assets held by or the
				  transactions of any fiduciary.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part A - Petition Practice › Rule 3.1 - Petitions Generally

Current through Register Vol. 54, No. 28, July 13, 2024
Matters may be raised before the court by written petition
					 filed with the clerk in conformity with these Rules. Petitions for
					 adjudication/statements of proposed distribution shall be governed by Chapter
					 II.
Note
: Rule
					 3.1 has no counterpart in former
					 Orphans' Court Rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter III - PETITION PRACTICE AND PLEADING › Part A - Petition Practice › Rule 3.2 - Headings; Captions

Current through Register Vol. 54, No. 28, July 13, 2024
Pleadings shall include the docket number, if one has been
					 assigned to the matter by the clerk or Register, and shall include a heading
					 identifying the type of pleading filed, and in the case of a petition,
					 identifying the nature of the relief requested therein. In those counties
					 having a separate Orphans' Court Division, pleadings shall be captioned "Court
					 of Common Pleas of ____ County, Orphans' Court Division".
Note
: Rule
					 3.2 has no counterpart in former
					 Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1018.