Berks Cnty. C.P. Civil Rules (front matter)

BERKS COUNTY

RULES OF CIVIL PROCEDURE

(AS OF MARCH 14, 2020)

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Rule

10 TITLE AND CITATION OF RULES

ASSESSMENT APPEALS

11 Real Estate Tax Assessment Appeal

12 Intervention

13 Discovery

14 Pretrial Status Conference

15 Pretrial Settlement Conference

16 Conference Attendance

BANKRUPTCY

20 Notice of Bankruptcy Stay

MONEY IN COURT

30 Payment into Court

31 Deposit by Prothonotary Monthly Statement. Drawn Out. Copy of Rule to Depository

32 Petition for Distribution

SALES OF REAL ESTATE

35 Factual Averments of Interest and Advantage

36 Contents of Petition for Public Sale. Required Notice if Granted. Return of Sale

37 Contents of Petition for Private Sale. Notice of Hearing Thereon. Rule to Show Cause

MINOR JUDICIARY

40 Certiorari Issued to District Justice

PETITIONS, MOTIONS AND ANSWERS

205.2(a) Physical Characteristics of Pleadings and Other Legal Papers

205.4 Electronic Filing and Service of Legal Papers

206.1(a) Applications To Proceed In Manner Of Petition

206.4(c) Discretionary Issuance of Rule To Show Cause

207.1 Presentation of Motions, Petitions and Applications

208.2(c) Contested Motion. Statement Of Authority

208.2(d) Uncontested Motion. Certification

208.2(e) Motion. Discovery. Attempted Resolution

208.3(a) Motions. Generally

208.3(b) Motions. Response

210 Form and Content of Briefs

ARGUMENT COURT

211 Schedule for Arguments. Matters for Panel. Matters for Single Judge

211.1 Ordered or Placed on Argument List

211.2 Filing of Praecipe and Briefs

211.3 Service. Proof of Service

211.5 Extension of Time for Filing of Brief, Continuance of Argument. Disposition of Matters

Upon Stipulation. Failure to File Brief or Appear at Argument

211.6 Assignment of Cases for Argument

211.7 Length of Oral Arguments

211.8 Argument Court Procedures for Family Argument

211.9 Argument Court Procedures for Support Argument

PRETRIAL CONFERENCES

212 Scope

212.1 Filing of Certificate of Readiness and Scheduling of Pretrial Conferences

212.2 Memorandum

212.3 Settlement Negotiation

212.4 Authority of Attorney

212.5 Failure to Attend Conference

TRIALS

214 Scope

214.1 Trial Date

214.2 Time for Holding Civil Trials

214.3 Scheduled List of Cases

216 Continuances

COSTS

217 Costs on Continuance

217.1 Costs on Trial

217.2 Taxation of Costs. Exceptions. Decision. Appeal. Collection

217.3 Jury Costs on Continuance or Settlement of a Cause of Action

VERDICT BY AGREEMENT

226 Certificate of Readiness

POST TRIAL RELIEF

227.1 Motion for Post Trial Relief

JUDGMENTS

227.4 Entry of Judgment by Prothonotary

227.4(a) Time for Entry of Judgment

236 Notice by Prothonotary of Court Action

IN FORMA PAUPERIS

240 Application. Verification

DAMAGES

251 Damages Accruing After the Filing of the Complaint or Counterclaim

252 Requirements for Indexing an Action as a Lis Pendens

SERVICE

430(a) Service of Original Process

430(b) By Publication

440/441 Manner of Service/Proof of Service

VENUE AND PROCESS

1008B Appeal from Judgment of Possession

1012 Entry of Appearance

1012.1 Admission Pro Hac Vice

PLEADINGS

1018.1 Notice to Defend

1024 Affidavits Taken or Attested by Attorneys

1028(c) Preliminary Objections

1034(a) Motion for Judgment on the Pleadings

1035.2(a) Motion for Summary Judgment

1037 Default Judgments

ARBITRATION

1301 Cases Subject to Arbitration. Amount in Controversy. Agreement of Reference

1301.1 Striking of Case from Arbitration or Trial List

1302 Administration

1302.1 Selection of Arbitrators and Substitutions

1302.2 Chairperson of Arbitration Boards

1303 Certification for Arbitration.

1303.1 Notification of Hearing Date and Appointment of Arbitrators

1303.2 Continuances

1304 Pre-Arbitration Memorandum

1304.1 Amendment to Pleadings

1305 Conduct of Hearing

1305.1 Continuation of Hearing

1306 Award, Damages for Delay

1308 Appeal – Listing Case for Trial

1315 Compensation

1316 Witness Fees and Costs

1317 Arbitration Administrator

1318 Settlements

EQUITABLE RELIEF

1534 Accounts

1535 Objection to Sufficiency of Security

SUPPORT

1910.10 Hearing Procedure

1910.12 Office Conference. Hearing. Record. Exceptions. Transcripts. Failure to Appear.

1910.19(1) Termination of Alimony Pendente Lite and Spousal Support Orders Upon Entry of

Divorce Decree

1910.19(2) Alimony-Only Orders Collected Through the Domestic Relations Section

1910.32 Subpoena

1910.33 Testimony Transcriptions

1910.34 Continuances

CHILD CUSTODY

1915.1 Scope

1915.3 Commencement of Action; Filing

1915.5 Question of Jurisdiction and Venue

1915.7 Consent Order

1915.8 Physical and Mental Examination of Persons

1915.11 Appointment of Guardian Ad Litem

1915.11-1 Parenting Coordination

1915.15 Forms

1915.17 Relocation

1915.26 Conciliation Conference

1915.27 Nonappearance at Hearing Before Custody Conciliator

1915.28 Exceptions. Hearing By Judge.

1915.29 Scheduling of Pre-trial Conference

1915.30 Pre-trial Conference

1915.31 Notice of Disposition by Court

1915.32 Appendix

1915.33 Continuance Requests

DIVORCE

1920.3 Caption

1920.21 Bill of Particulars

1920.22 Interim Counsel Fees and Discovery

1920.31(a)(1) Filing Claims for Alimony Pendente Lite, Child Custody, Child Support or Paternity

1920.31(a)(2) Sanctions

1920.31(b) Disposition of Alimony Pendente Lite, Child Support and Paternity Claims

1920.32 Disposition of Child Custody Claim

1920.33(c) Sanction for Failure to File Inventory and Appraisement

1920.42 Filing of Praecipe to Transmit Record

1920.45 Request for Counseling

1920.46 Affidavit of Non-Military Service. Appointment of Counsel for Defendant in

Military Service

1920.51 Divorce Masters to be Appointed

1920.51.1 Divorce Masters

1920.51.2 Appointment and Duties of Divorce Masters

1920.51.4 Motion and Order for Appointment of Divorce Master

1920.51.5 Deposit of Costs to Accompany Motion for Appointment of Divorce Master

1920.51.7 Review of Pleadings by Divorce Master

1920.53 Hearing by Divorce Master

1920.53.1 Divorce Master's Compensation

1920.53.2 Preparation of Divorce Master's Report

1920.55-2 Exceptions to Divorce Master’s Report

1920.74 Form of Motion for Appointment of Divorce Master

1920.93 Parties Continuing to Reside Together

1920.94 Bifurcation

1920.95 Stay of Proceedings

1930.1 Form of Pleadings. Form of Caption

1930.5 Designating a Support Case as Complex

VOLUNTARY MEDIATION IN CUSTODY ACTIONS

1940.1 Applicability of Rules to Mediation

1940.3 Order for Orientation Session and Mediation. Selection of Mediator

1940.4 Minimum Qualifications of the Mediator

1940.10 Confidentiality of Mediation Subsequent to Initial Orientation Session

ACTIONS FOR WRONGFUL DEATH

2205 Notice to Persons Entitled to Damages

JOINDER OF PARTIES

2232(a) Form of Notice

2253 Late Joinder of Additional Defendant

CONFESSION OF JUDGMENT

2951(a) Filing of Document

2951(d);2952(h)Leave of Court Required for Entry of Judgment

ENFORCEMENT OF JUDGMENTS

3121 Application for Stay of Execution

3123 Notice by Sheriff of Appraisement

3130 Sale of Over-the-Counter Securities

3136 Filing of Claims. Schedule of Distribution

3143 Dissolution

DEPOSITIONS AND DISCOVERY

4001 Discovery Applications/Discovery Master

4004 Written Depositions

4005 Written Interrogatories

4007.1 Costs and Notice of Oral Depositions

4008 Taking of Deposition Outside of Berks County

4009.1 Location for Production of Documents and Things and Inspection

4012 Application for Protective and/or Sanction Orders Pertaining to Oral Depositions

4014 Redaction of Confidential Information

4017.1 Costs of Videotape Deposition

4020 Use of Deposition at Trial

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TITLE AND CITATION OF RULES