Title 252--ALLEGHENY COUNTY

PART II. ALLEGHENY COUNTY COMMON PLEAS RULES

Orphans' Court Rules

[30 Pa.B. 6549]

Order of Court

And Now, this 6th day of December, 2000, the Board of Judges of Allegheny County having voted at the Board of Judges' meeting held October 16, 2000 to rescind in their entirety existing Allegheny County Orphans' Court rules and to adopt the attached Allegheny County Orphans' Court rules, it is hereby Ordered and Decreed that all existing Allegheny County Orphans' Court rules are rescinded and the attached Orphans' Court rules are adopted.

This Order is promulgated in accordance with Pa.O.C. Rule 1.2 and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. This Order shall be filed with the Prothonotary of Allegheny County in the Rules Docket.  Copies shall be submitted to the Clerk of the Orphans' Court, the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Orphans' Court Procedural Rules Committee.

                                 By the Court:

ORPHANS' COURT DIVISION RULE 1.2

Rule 1.2A. Sessions of Court; Standard of Time; Motions.

Sec. 1. Sessions of Court.

The regular sessions of the Court will be held daily, except Saturdays, Sundays and legal holidays, unless otherwise ordered.

Sec. 2. Standard of Time.

Whenever a certain time is stated in these Rules, it shall mean prevailing time.

Sec. 3.  Petitions; Motions. 

     All petitions, motions and miscellaneous business must be presented at 9:30 a.m. or at such other time as may be fixed by Order of Court.

     The party who presents a petition or motion shall including a notice of presentation and certificate of service unless all parties in interest consent to the motion.  Unless the sole relief requested is the issuance of a citation, ten (10) days' notice of presentation of any petition or motion is required absent an emergency or consent by the opposing party to a shorter notice of presentation.

     Where a judge has been actively involved in the matter which is the subject of the petition or motion, counsel shall present the petition or motion to such judge.

Sec. 4. Costs; Vacation of Order for Failure to Pay Cost.

     No petition shall be retained of record and no citation, rule or certificate shall be issued, except for cause shown, until all filing costs have been paid.  If the costs are not paid within thirty days, the Clerk shall report the default to a judge, who may vacate the order of court.

Rule 1.2B. Attorneys.

Sec. 1. Appearance.

     Every attorney presenting any paper to the Court or to the Clerk shall endorse thereon the attorney's name, office address, and telephone number in Pennsylvania and the attorney's identification number issued by the Court Administrator of Pennsylvania.  Such endorsement shall constitute an appearance. An appearance may also be entered by praecipe.

Sec. 2. Withdrawal of Attorney Appearance.

     An attorney's appearance for a party may not be withdrawn without leave of court unless another attorney has entered or simultaneously enters an appearance for the party.

     An attorney of record who desires to withdraw an appearance with leave of Court must:

     (a) File a verified petition setting forth the reasons for the request;

     (b) At least ten (10) days prior to the time of presentation of the petition, serve upon the client and all other parties to the proceeding a true and correct copy of the petition and a notice of the date, time and place that the petition will be presented to the Court; and

     (c) Certify that the petition and notice of the time, date and place of presentation of the petition were duly served.

Leave to withdraw an appearance will not be granted unless, after consideration of all relevant factors, the Court determines that the withdrawal will not unduly prejudice any party or unduly delay the processing of the case for final disposition.

Sec. 3. Agreements.

     All agreements between attorneys will be considered of no validity, if disputed, unless made in writing or of record in open Court.

Sec. 4. Attendance, Appearance or Verification by Counsel.

     Whenever these Rules provide for attendance, appearance, or signing or verification by any person or entity, such attendance, appearance, signing or verification may be by counsel of record; provided, however, that factual allegations in a petition for other than procedural relief shall be verified by the party on whose behalf the petition is presented or by an authorized person familiar with such facts, other than counsel.

Rule 1.2C. Recording Inter Vivos Trusts.

     Before a petitioner can invoke the jurisdiction of the Court relating to inter vivos trusts, such petitioner must record the Instrument creating the inter vivos trust in the office of the Clerk or the Recorder of Deeds of Allegheny County.  Unacknowledged instruments may be recorded in the office of the Clerk by proof of the signatures thereto in the manner required for the probate of wills, unless otherwise ordered by the Court.   Nothing herein shall prevent a beneficiary of an inter vivos trust from proceeding by citation to compel the production and recording of a trust instrument.

ORPHANS' COURT DIVISION RULE 2.3

Rule 2.3. Definitions.

     The following words when used in these rules, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this rule:

     "Clerk" shall mean the Clerk of the Orphans' Court Division of the Court of Common Pleas of Allegheny County, Pennsylvania.

     "Court", "Orphans' Court" or "Orphans' Court Division" shall mean the Orphans' Court Division of the Court of Common Pleas of Allegheny County, Pennsylvania, or any judge thereof, having jurisdiction.

     "Fiduciary" shall mean and include executors, administrators, guardians, trustees and attorneys-in-fact, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the Orphans' Court Division.

    "PA O.C. Rules" shall mean the Pennsylvania Supreme Court Orphans' Court Rules, as amended from time to time.

    "PEF Code" shall mean the Pennsylvania Probate, Estates and Fiduciaries Code of 1972, 20 Pa.C.S.A. §101 et seq., as amended from time to time.

     "Register of Wills" or "Register" shall mean the Register of Wills of Allegheny County, Pennsylvania.

ORPHANS' COURT DIVISION RULE 3.2

Rule 3.2. Return Days.

     The return day is the last day to answer or take other legal action with respect to a citation or other process. The answer or other pleading shall be filed at or before 9:30 a.m. on the return day.

     A pre-hearing conference date, a hearing date, or both, shall be fixed by the Court but shall not be the same date as the return day unless specially ordered.

ORPHANS' COURT DIVISION RULE 3.7

 

Rule 3.7. Hearings; Briefs; Amicus Curiae.

     (a) When pleadings have been filed by the parties in conformity with prescribed procedure, or when the time for filing additional pleadings has expired, or when no pleadings are required, the Court will fix a day for a pre-hearing conference date, a hearing, or both, notice of which shall be given to all parties as the Court may direct.

     (b) Unless prohibited by the Court, briefs shall be permitted as a matter of course and shall be provided to the Court and counsel of record (or opposing unrepresented parties) as directed by the Court. Such briefs shall contain a statement of the questions involved, a history of the case and the argument.

     (c) Appearances and briefs amicus curiae may be entered and filed with leave of Court and as the Court may direct.

ORPHANS' COURT DIVISION RULE 5.7

Rule 5.7. Parties in Military Service.

     When any party in interest in any proceeding in this Court is in the military service of the United States, the procedure shall conform to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 50 U.S.C.A. 501 et seq.

Next Page