Table Of Contents

RULE 1. JUDGES--LOCAL RULES

    Any judge of an Orphans' Court Division, whether or not it consists of more than one judge, may hear and determine all matters jurisdiction of which is exercised through the Orphans' Court Division.

Committee Comment

    This is the same as the first sentence of Section 731 of the Probate, Estates and Fiduciaries Code. The Judiciary Act Repealer Act repeals Section 731 effective June 27, 1980. This addition to the Supreme Court Rules is intended to clarify the situation as it will exist after June 27, 1980.

Rule 1.2 Local Rules

    The Orphans' Courts of the several judicial districts of this Commonwealth may adopt local rules regulating practice and procedure, but such rules shall not be inconsistent with any rule adopted by the Supreme Court of this Commonwealth or any Act of Assembly regulating the practice and procedure in the Orphans' Courts of this Commonwealth.

Committee Comment

    This is substantially identical to what formerly was Rule 1, before the addition of Rule 1.1

RULE 2.  CONSTRUCTION AND APPLICATION OF RULES

    The rules adopted by the Supreme Court regulating the practice and procedure of the Orphans' Courts of this Commonwealth, and the rules adopted by such courts, shall be liberally construed to secure the just, speedy and inexpensive 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 which does not affect the substantial rights of the parties in interest.

Rule 2.2 Waiver of Time Limitation

    The court, upon its own motion or the motion of any party, may extend any limitation of time prescribed by these rules.

    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" means the Clerk of the Orphans' Court Division.

    "Court", "Orphans' Court" or "Orphans' Court Division" means the Orphans' Court Division of the Court of Common Pleas, or any judge thereof, having jurisdiction.

    "Fiduciary" includes executors, administrators, guardians, and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the Orphans' Court Division.

    "Register Of Wills" or "Register" means the Register of Wills having jurisdiction.

RULE 3. PLEADING AND PRACTICE

Rule 3.1 Conformity to Equity Practice in General

    Except where otherwise provided by a rule adopted by the Supreme Court, or by an Act of Assembly, or by general rule or special order of the local Orphans' Court, and except for the Notice to Defend required by Rule of Civil Procedure 1018.1, which form of notice shall be required only if directed by general rule or special order of the local Orphans' Court, the pleading and practice shall conform to the pleading and practice in equity in the local court of Common Pleas.

Rule 3.2 Petition, Answer and Reply

(a) On or before the return day fixed in the citation or order, and in all other cases within twenty days after service upon him of a copy of any petition, a party opposing the granting of the prayer of the petition shall file an answer admitting or denying the averments of fact of the petition and specifically stating his objections thereto and averring the facts relied upon by him.

(b) Within twenty days after service upon him of a copy of an answer, a petitioner may file a reply thereto and admit, deny or avoid the facts averred in the answer.

Whenever the name of a person must be set forth in a pleading or statement of proposed distribution and such person is not sui juris, that fact shall be set forth, together with the name and address of the guardian, trustee or other representative of such person, if any.  If the person not sui juris is a minor who has no guardian of his estate, the minor's age, the name and address of his parents and of the person with whom he resides shall also be set forth.

    (a) A petition shall set forth

(1) the caption;

(2) a heading indicating briefly the purpose of the petition;

(3) a concise statement of the facts relied upon to justify the relief desired, together with the citation of any Act of Assembly relied upon; and

(4) a prayer for the relief desired.

    (b) The petitioner shall attach to the petition

(1) a form of decree; and

(2) such exhibits, consents or approvals as may be required by Act of Assembly or by local rule.

    (c) If the petitioner is unable to attach any necessary exhibit, consent or approval, he shall so state in his petition, together with the reason for his inability.

    Proceeding on petition shall be by citation to be awarded by the Court upon application of petitioner in any case where jurisdiction over the person of the respondent is required and has not previously been obtained.  In all other cases, proceedings on petition shall be served by notice.  In either event a copy of the petition shall be served with the citation or notice unless service thereof is made by publication. Neither a citation nor notice shall be required where all parties in interest are the petitioners or their consents or joinders are attached.

Rule 3.6 Depositions, Discovery, Production of Documents and Perpetuation of Testimony

The local Orphans' Court, by general rule or special order, may prescribe the practice relating to depositions, discovery, production of documents and perpetuation of testimony.  To the extent not provided for by such general rule or special order, the practice relating to such matters shall conform to the practice in the Trial or Civil Division of the local Court of Common Pleas.

RULE 4. COMPUTATION OF TIME

Rule 4. 1 Generally

(a) When any period of time is referred to in any rule, such period in all cases, except as otherwise provided in Rules 2 and 3 of this Section, shall be so computed as to exclude the first and include the last day of such period.

(b) Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation.

Whenever in any rule or Act of Assembly providing for the publishing of notices, the phrase "successive weeks" is used, weeks shall be construed as calendar weeks.  The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication.  At least the number of weeks specified in "successive weeks" shall elapse between the first publication and the day for the happening of the event for which publication shall be made.

Whenever in any rule or Act of Assembly the lapse of a number of months after or before a certain day is required, such number of months shall be computed by counting the months from such day excluding the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order as the day of the month from which the computation is made, unless there are not so many days in the last month so counted, in which case the period computed shall expire with the last day of such month.