PA · rules

Chester Cnty. C.P. Court of Common Pleas Civil Rules Rule 249.3

Trial Readiness

activein force · 2012-06-19 – presentact-effective-date

(a) A category A matter shall be presumptively deemed ready for trial twelve (12) months from the date of the initiation of the suit,

which is the earliest date on which the case may be tried for purposes of Pa.R.C.P. No. 212.1(a). A category C matter

(compulsory arbitrations) in which there has been an appeal from the award of arbitrators shall be presumptively deemed ready

for trial two (2) months from the date of the filing of the appeal. Such matters shall immediately thereafter be placed on the trial

list of the judge to whom the case is assigned, unless prior thereto an order has been entered deferring the placement on the trial

list until a later date. Such order may be entered by the court on its own motion or pursuant to the procedures set forth in

paragraph (b) below.

(b) To obtain relief from the initial automatic trial listing pursuant to paragraph (a), above and, thereafter, from any deferred trial

listing, a party must file a request for an administrative conference to be held in accordance with Rule 249.1. The first request

for administrative conference must be filed no later than eleven (11) months after the date of initiation of suit, except in category

C matters. In category C matters, the first request for an administrative conference must be filed no later than ten

(10) days after the filing of the appeal from the award of arbitrators. All subsequent requests for administrative conferences

must be filed not less than thirty (30) days prior to the trial listing date. The request for an administrative conference must

specify that deferment of trial listing will be requested at the conference. The request for administrative conference shall be

filed of record and a copy thereof served upon counsel of record for each other party to the action, each unrepresented party,

if any, the Court Administrator, and the assigned judge.

(c) At any time prior to placement of a case on the trial list pursuant to the procedures set forth above, the court, either on its own

motion or upon agreement of the parties or upon application of any party, may determine that any matter is ready for trial, in

which event the court shall file a trial readiness order and the court administrator shall then notify all parties that the case has

been placed on the trial list.

(d) Category C matters shall be governed by C.C.R.C.P. No. 1301.1 et seq., unless and until an appeal from the award of

arbitrators has been filed. Following the filing of such appeal, the rules set forth above shall apply.

Actions at Law

Rule 1003.1. Waiver of Rules. Extension of Time

A. The time for filing briefs and answers to petitions, motions and preliminary objections may be extended by agreement of the

parties and with the approval of the court, provided written notice of the agreement for extension has been filed with the

prothonotary.

B. Written notice under A above shall be substantially in the following form:

Rule 1007.1.A. Jury Trial. Number of Jurors. Demand. Waiver

A demand for jury trial shall be deemed a demand for a trial by a jury of six (6) members unless any party expressly demands

a trial by twelve (12) members. Timing of the filing of the demand for jury trial and withdrawal of same shall be as set forth in

Pa.R.C.P. No. 1007.1.

Rule 1012.1. Entry of Appearance; Withdrawal of Appearance

Every initial pleading, or other initial filing, by a party with the prothonotary shall be accompanied by a praecipe for entry of

appearance which shall include the attorney’s or unrepresented party’s name, complete address, telephone number, and attorney

identification number (if applicable). In like manner, when counsel is withdrawing from an action in accord with Pa. R.C.P. N o.

1012(b), counsel shall file a praecipe for withdrawal of appearance.

Comment: The written entry of appearance will aid in giving proper notice to all counsel of record of orders, hearings and other pending matters.

See Form on Page 69

Pleadings

Rule 1018.1.A. Notice to Defend—Office to be Contacted

(a) The office to be contacted for legal help to be included in the form of Notice to Defend required by Pa.R.C.P. 1018.1(b) is:

Lawyer Referral and Information Service

Chester County Bar Association

15 West Gay Street

West Chester, PA 19380

(610) 429-1500

Rule 1025.1. Endorsements

The initial pleading or appearance on behalf of a party represented by a firm or partnership or association of attorneys shall

indicate clearly to the prothonotary the name, address, telephone number, and attorney identification number of the particular

attorney who is supervising the conduct of the case.

Rule 1028(c). Preliminary Objections

(1) Except for preliminary objections subject to subparagraph (2) below, a brief and praecipe for determination in the form

described in C.C.R.C.P. 206.6 must be filed by the objecting party within twenty (20) days of the filing of the preliminary

objections. Responsive briefs shall be filed within twenty (20) days of the filing of the praecipe for determination. The assigned

judge may, at his or her discretion, extend the time for filing briefs. If the party filing the preliminary objections has failed to file a

praecipe for determination within twenty (20) days of the filing of the preliminary objections, any other party may file a praecipe

for determination to bring the objections before the court, in which event no brief shall be required to be filed with the praecipe. If

the objecting party fails to file a brief as aforesaid, the court may dismiss the preliminary objection as abandoned. If the objecting

party does file a brief, all other parties may file briefs within twenty (20) days thereafter.

(2) Where the preliminary objections properly assert facts not otherwise of record and the preliminary objections have been endorsed

with a notice to plead, no praecipe for determination nor brief shall be required until the matter is ready to be submitted to the

court, either upon the basis of the preliminary objections alone, if no answer has been filed, or upon the basis of the preliminary

objections and answers thereto, or after a record has been developed pursuant to Pa.R.C.P. 1028(c)(2). If an answer is filed and

any party wishes to develop a record on any disputed issues of material fact, depositions shall be completed within forty-five

(45) days of the date of service of the answer to the preliminary objection. The time limit for the taking of the depositions may

be shortened or extended by agreement of the parties or by the Court.

Rule 1034(a). Motions for Judgment on the Pleadings

Motions for judgment on the pleadings shall be scheduled, argued and decided in accordance with C.C.R.C.P. 208.3(a)(4),

208.3(a) (5), 208.3 (b), 210 and 211.1.

Note: The aforesaid rules provide as follows:

208.3(a)(4)

Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6

must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:

(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a

request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon

land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed

to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery,

examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth

above;

(ii) any motion supported by a stipulation of counsel.

208.3(a)(5)

If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion

before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to

have abandoned his or her position.

Comment: See C.C.R.C.P. 1035.2(a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.

208.3(b)

All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of

the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after

service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may

treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be

referred to the court for disposition.

All briefs or legal memoranda shall contain the following matter under the following headings:

1) History of the Case: A brief, informal statement of the facts material to the matter under consideration.

2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.

3) Legal Argument: The section must contain citations to the case law, rule or statute relied on.

4) Conclusion: Specify the type of relief requested.

211.1

A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court

administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.

B. The court may at any time schedule oral argument or conduct an evidentiary hearing on any matter pending before it.

C. Any party may request oral argument by filing with the brief a separate “Request for Oral Argument” which shall include the following:

1. The judge to whom the matter is assigned.

2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.

3. A concise statement setting forth why oral argument is necessary.

4. The date upon which the Praecipe for Determination was filed.

Rule 1035.2(a) Motion for Summary Judgment— Procedures for Disposition

Motions for Summary Judgment shall be scheduled, argued and decided as set forth in C.C.R.C.P. 208.3(a)(4), 208.3(a)(5),

208.3(b), 210 and 211.1.

Note: The aforesaid rules provide as follows:

208.3(a)(4)

Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6

must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:

(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel

a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental

examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to

the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is

sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the

motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;

(ii) any motion supported by a stipulation of counsel.

208.3(a)(5)

If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion

before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to

have abandoned his or her position.

Comment: See C.C.R.C.P. 1035.2(a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.

208.3(b)

All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of

the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after

service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may

treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be

referred to the court for disposition.

All briefs or legal memoranda shall contain the following matter under the following headings:

1) History of the Case: A brief, informal statement of the facts material to the matter under consideration.

2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.

3) Legal Argument: The section must contain citations to the case law, rule or statute relied on.

4) Conclusion: Specify the type of relief requested.

211.1

A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court

administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.

B. The court may at any time schedule oral argument or conduct an evidentiary hearing on any matter pending before it.

C. Any party may request oral argument by filing with the brief a separate “Request for Oral Argument” which shall include the following:

1. The judge to whom the matter is assigned.

2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.

3. A concise statement setting forth why oral argument is necessary.

4. The date upon which the Praecipe for Determination was filed.

Compulsory Arbitration

Rule 1301.1. Cases for Submission to Arbitration

(a) All civil cases at law which are now or hereafter at issue wherein the amount in controversy in each cause of action, i.e., the

amount claimed in each count, stated therein, exclusive of interest and costs, does not exceed fifty thousand ($50,000.00)

dollars, and which do not involve title to real property, shall be submitted to, heard, and decided by a board of arbitrators

consisting of three (3) attorneys admitted to practice before the Supreme Court of Pennsylvania and actively engaged in the

practice of law primarily in Chester County and who maintain an office in Chester County.

(b) The court administrator may in his or her discretion consolidate cases for hearing when all the cases are subject to the provisions

of the arbitration rules and when they involve common questions of fact. The court administrator shall by letter notify all

counsel and unrepresented parties of any consolidation.

(c) If the judge who has been assigned a Category A matter shall determine that the case is properly one which should be handled

as an arbitration under Category C, the assigned judge shall order the case to be placed in Category C, and the case shall

thenceforth be treated as though it had been so classified as an arbitration case in the first instance. The court administrator

shall schedule such remanded arbitration cases for hearing as soon as practicable unless otherwise ordered by the assigned

judge.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 1302.1. Administration

(a) Proceedings under the arbitration rules of this court shall be administered by the office of the court administrator of this court.

(b) The court administrator shall have the power to prescribe forms and to interpret these rules, subject to review by the court at the

request of a party.

(c) In order to be considered for appointment to a board of arbitrators, an attorney admitted to practice before the Supreme Court of

Pennsylvania who is actively engaged in the practice of law primarily in Chester County and who maintains an office in Chester

County shall file with the office of the Court Administrator a certified arbitration registration form indicating whether or not he

or she has substantial experience in civil litigation; listing the number of years of such experience and those areas of practice

in which he or she has substantial litigation experience and stating if he or she is practicing alone, is a member of a firm, or is

associated in some way with one or more other lawyers (either in private practice or as an employee of some public office such

as the district attorney’s office, public defender’s office, legal aid, etc.). Any change in his or her status in this regard shall

immediately be reported to the office of the Court Administrator. Upon receipt of a fully completed certified arbitration

registration form, the Court Administrator shall add the name of the person submitting the form to the list of those eligible to

serve as a member of an arbitration board. Boards of arbitration shall be appointed from the list of members of the bar who

have filed such information. The Court Administrator shall have sole authority to determine whether an arbitrator is qualified

under these rules.

(d) The chair of the board of arbitrators shall be appointed by the court administrator and shall be responsible for the preparation

and filing of the board’s report and award. All other members of the board of arbitrators shall also be appointed by the Court

Administrator.

(e) The court administrator shall have the authority to obtain and deliver to the board of arbitrators all papers of record and shall be

responsible for the return thereof to the Prothonotary when not in necessary custody of the board. The court administrator shall

maintain such records as are necessary for the proper administration of the arbitration system, and shall give the arbitrators

such assistance as may be necessary to expedite the arbitration process.

(f) The date, time and place of the arbitration hearing shall be assigned by the Prothonotary at the time a Category C action is

commenced. The court administrator shall provide the Prothonotary with the next reasonably available date for an arbitration

hearing, and the Prothonotary shall then mark that date upon the cover sheet when a Category C action is commenced. The notice

of the date, time and place of arbitration hearing on the cover sheet shall include the following statement:

“This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties

is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the

absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.”

Comment: It is anticipated that a hearing will be scheduled no less than six (6) months following the initiation of suit. The court administrator

will be required to adjust the interval, between filing and hearing dated, depending upon the availability of hearing rooms, the volume of cases to be

tried, and the number of panels to be assigned.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

(g) Any party may for good cause object to the matter being submitted to arbitration by notifying the court administrator in writing

with notice to all other parties. The court administrator shall initially make a determination as to the validity of any such

objection. Any party dissatisfied with the determination of the court administrator shall have the right to have the matter

determined by the assigned judge.

(h) All hearings shall be held in the Justice Center at West Chester, unless the arbitrators and all parties agree otherwise.

(i) It is the professional obligation of all members of the bar who qualify as outlined in these Rules to serve on boards of arbitration,

unless absent or excused for good cause and compelling reason. If an arbitrator fails to appear, or appears late at the scheduled

arbitration hearing without compelling reasons, his or her name shall be stricken from the arbitration list, and

he or she will be so notified by the Court Administrator. He or she may be reinstated by application to the court, upon cause

shown.

(j) The president judge may strike from the list of eligible arbitrators the name of any attorney who has consistently demonstrated

an inability to serve in a proper manner.

Rule 1302.2. Composition of Arbitration Boards

Each board of arbitrators shall consist of a chair, a non-chair category A and a non-chair category B attorney.

(a)(1) Chair Requirements

Unless otherwise agreed by the parties, the arbitration board shall be chaired by a member of the bar who has been admitted to the

practice of law for at least ten (10) years and who has substantial experience in civil litigation.

(a)(2) Non-Chair Category A Attorney Requirements

The attorney should have five (5) years of substantial experience in civil litigation. If no attorney with five (5) years of substantial

experience in civil litigation is available to serve, the Court Administrator may authorize an attorney with three (3) years of

substantial experience in civil litigation to sit.

(a)(3) Non-Chair Category B Attorney Requirements

Any attorney qualified under these rules to serve as a member of a board of arbitrators.

(b) A list of available arbitrators who are qualified to serve as chair of arbitration boards shall be maintained by the Court

Administrator.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 1303.1. Hearings

(a) The board of arbitrators shall have the powers conferred upon them by law, including, but not limited to the following:

(1) To permit the amendment of any pleading. Except for good cause shown, such an amendment must be filed in writing.

Comment: (1) See Pa.R.C.P. No. 1304 for the power of arbitrators to act when a party fails to appear. (2) See Pa.R.C.P. No. 218 for the

power of arbitrators when a party is not ready for trial.

Rule 1303.2. Pre-Arbitration Memorandum

(a) At least seven (7) days before the date of the arbitration hearing, all parties shall file with the Prothonotary, in triplicate, a

memorandum in the form provided and shall immediately serve a copy on each party. This memorandum shall set forth the

following:

(1) A brief statement of the salient facts of the claim or defense.

(2) A statement of the legal basis of the claim or defense.

(3) A list of all special damages claimed, such as lost earnings, loss of future earning capacity, medical expense (itemized),

property damages.

(4) A list of the names and addresses of all witnesses whom that party intends to call at arbitration.

(5) A list of all exhibits to be offered by that party at arbitration. All exhibits shall be numbered prior to the arbitration.

(6) An estimate of time necessary to present your claim or defense.

(7) Special comments regarding legal issues.

(8) A certification that the attorney has, on behalf of his/her client, made a reasonable effort to stipulate or agree to all un-

disputed issues of fact or law which would expedite the arbitration of this matter.

(b) It is expected that the memorandum will not exceed two pages, except in unusual cases.

(c) Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to call a witness at the

arbitration hearing who is not listed in a timely-filed pre-arbitration memorandum.

(d) Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to offer an exhibit at the

arbitration hearing that is not listed in a timely-filed pre-arbitration memorandum.

Rule 1306.2. Award, Where There Is Comparative Negligence or Apportionment Among Joint Tortfeasors

Where it is determined by the board of arbitrators that the Comparative Negligence Act of 1976 (42 Pa.C.S. §7102) applies

to a negligence action, the award of the board of arbitrators shall state:

(1) the percentage of the causal negligence attributable to each of the parties;

(2) the amount of damages, if any, sustained by the plaintiff and any counterclaimant without reduction by the percentage of that

party’s causal negligence, and

(3) the amount determined by the board to be awarded the plaintiff or counterclaimant after reduction of the damages by the

proportion or percentage of that party’s causal contributory negligence.

Comment: A verdict form which will assist the panel of arbitrators in allocating causal negligence and calculating an award of damages under the

Comparative Negligence Act shall be available from the court administrator’s office.

Rule 1308.1. Compensation of Arbitrators

The chairman and other arbitrators shall receive compensation paid by the County as determined by the court for each case in

which the arbitrator shall have signed a report and award or dissent therefrom.

Partition of Real Property

Rule 1568.1. Public Sale

Except as otherwise provided by act of assembly or special order of court, notice of the time and place of the sale of a property

at public auction by a master in partition shall be given by publication once a week for three successive weeks immediately preceding

such sale in the Chester County Law Reporter, and in one daily newspaper of general circulation within the county.

Rules 1901.2A – 1940.12A

Editor’s note: For 1900 Series Rules, see Family Court Rules Section.

Joinder of Parties

Rule 2232.1. Notice Pendency of Action

Notice required by Pa.R.C.P. No. 2232(a) shall consist of a copy of the complaint and a statement that the person to whom it

is addressed is required to join therein within twenty (20) days after receipt of such notice; or his cause of action will be barred and

the action will proceed without him.

Proof of service shall be by affidavit accompanied with a copy of the notice and the return receipt filed with the Prothonotary.

Enforcement of Judgments for the Payment of Money

Rule 3123.1.A. Exemption. Sheriff’s Appraisement

The sheriff shall give all parties at least forty-eight (48) hours’ notice of the time and place when he will make an appraisement of

the property which the defendant claims the right to retain as the exemption allowed him by law. The parties and their attorneys

shall have the right to be present when the appraisement is made.

[binding.law: PDF page 22 withheld — the text engines read it differently]

(d) The record submitted to the Court by the Local Agency in compliance with the Writ of Certiorari shall include (1) the proof of

publication; (2) a complete copy of the ordinance, map and/or regulation under which the determination of the Local Agency

was made, certified by counsel for the Local Agency or other Local Agency official to be the ordinance, map or regulation in

effect when the decision was rendered or action taken which is the subject of the appeal; (3) the transcript of the proceedings

before the Local Agency; and (4) all exhibits. The record shall be accompanied by a document entitled ‘’Return of the Record’’,

which shall list the contents of the record. Within five (5) days of the filing of the record with the Prothonotary, the attorney

for the Local Agency or an official thereof shall give written notice to the appellant and intervenor, if any, or their attorneys of

record of the date of such filing, and shall serve therewith a true copy of the Return of Record.

(e) Whenever an appeal is taken from a Local Agency decision or determination and the record is returned by the Court to the Local

Agency for further proceedings, and a subsequent appeal is taken in the same case, the number of the original appeal shall be

set forth in the notice of the subsequent appeal filed with the Prothonotary or Clerk, who shall docket and file the subsequent

appeal under the number of the original appeal.

(f) Within thirty-one (31) days of the filing of the returned record, the appellant shall file a supporting Brief and a Praecipe for Determination. Appellee and any intervenors shall have thirty (30) days from the receipt of the appellant’s Brief to file a reply

Brief. The assigned Judge, in his discretion, may extend the time for filing of Briefs.

Comment: See C.C.R.C.P. 206.6 for the form of Praecipe for determination.

(g) If the appellant fails to file his Brief within the time prescribed by these rules, or within the time as extended, the appellee or

intervenor may move for dismissal of the matter. Such motion shall be served in accordance with these rules upon the appellant,

who may file and Answer thereto, and the motion shall be thereafter determined by the Court as it deems just and proper. If an

appellee or intervenor fails to file his brief within the time prescribed by these rules, or within the time as extended, the Court

may consider such appellee or intervenor to have abandoned his position, and will proceed to dispose of the appeal on the

merits.

Rule 5003. Appeals from Real Estate Assessment

The following rules shall apply to all appeals from a real estate assessment determined by the Board of Assessment Appeals

(‘’Board’’) of Chester County. These rules apply to all appeals taken following their effective date, and may be applied as appropriate

to current appeals ninety (90) days after their effective date.

Definitions:

Board—the Chester County Board of Assessment Appeals.

Taxing Authority— School Districts, the County of Chester and municipalities (cities, boroughs, townships).

Party—appellant, the Board, and any other person or entity entitled to notice of the appeal who or which enters an

appearance.

Property Owner— as used herein, the term ‘’owner’’ or ‘’property owner’’ includes all owners of the property if there is

more than one owner.

Date of Notification— date which appears as such on the decision of the Board.

Commercial Property—any property whose purpose is to generate income for its owner.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 5003(a). Filing Instructions

1. An appeal from the decision of the Board shall be filed within thirty (30) days from the date of notification.

2. Within ten (10) days after filing the appeal, the appellant shall serve a copy of the appeal on the Board, on all affected taxing

authorities at their business addresses and, if the property owner is not the appellant, on the property owner at his, her, its or

their registered address or addresses as shown on the tax records of Chester County.

3. Within twenty (20) days of service of the appeal, the appellant shall file an affidavit of service.

4. The Board shall automatically be a party to an appeal unless it specifically declines that status in writing. Any taxing authority or

property owner entitled to be notified of an appeal may become a party to the proceedings by filing an entry of appearance

within thirty (30) days of service of such notice. The entry of appearance shall be deemed to deny the allegations in the

appellant’s petition, except for the names of the parties and the location of the taxable property. However, any party may plead

additional material by way of Answer or New Matter, as appropriate, within thirty (30) days of entering an appearance.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 5003(b). Contents of Appeal

1. Names and addresses of the taxpayer and the taxing authorities.

2. Identification of the property, including street address and tax parcel number.

3. Reason(s) for the appeal. For purposes of this section, where a challenge is based on fair market value, it shall be sufficient to

state that the assessment is excessive or inadequate. Where the challenge is based on uniformity, it shall be sufficient to state lack

of uniformity as the basis for the appeal.

4. Copy of any applicable decision of the Board.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 5003(c). Discovery Procedures

1. The appellant shall provide the Board and the other parties to the appeal with a copy of his, her, its or their appraisal within sixty

(60) days of filing the appeal. The other parties shall then have ninety (90) days from the receipt of the appellant’s appraisal to

provide the appellant with a counter-appraisal. Any party may designate an appraisal submitted to the Board as its appraisal

for the purposes of the appeal. Appraisals must certify that the appraiser’s fee is not contingent upon the results of the appeal.

2. If a party fails to provide an appraisal within the time provided by this rule, by leave of court, or within such time as may be

agreed to by the parties and approved by the Court, then, upon motion, the Court may preclude that party from presenting

evidence of valuation at trial.

3. In cases involving commercial properties, the taxpayer shall provide, where applicable, the following to all other parties within

thirty (30) days of filing the appeal:

(A) Income and expense statements for three (3) years prior to the appeal year;

(B) A current rent roll, including a list of tenants, rental amounts, lease periods and a sample lease with any special terms or

renewal options;

4. The names of all witnesses to be called at trial by any party, other than rebuttal witnesses later determined, shall be provided to

all other parties within one hundred fifty (150) days of the date of filing of the appeal.

5. In any appeal involving a claim of exemption from real estate taxation, discovery shall be permitted as set forth in the Pennsylvania Rules of Civil Procedure and shall be governed by Pa.R.C.P. No. 4001 et seq. Discovery requests shall be served within

one hundred twenty (120) days of the date of the filing of the appeal.

6. Additional discovery shall be by leave of court only.

7. The matter shall be scheduled for trial one hundred eighty (180) days from the date of the filing of the appeal.

8. Time periods may be extended for cause shown. Any party may at any time, and to obtain relief (advancement or deferral) from

the automatic trial listing as set forth in paragraph 7 above must, request an administrative conference in accordance with

C.C.R.C.P. No. 249.1 et seq.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 5003(d). Class Action Appeal

In all cases involving an appeal from class action certification, a full record shall be made before the Board of Assessment

Appeals.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 5003(e). Discontinuance

The appeal may be discontinued only with the agreement of all parties or by leave of court.

Editor’s note: Adopted June 19, 2012., effective thirty (30) days after publication in the Pennsylvania Bulletin

Rule 5003(f). Tax Exemption Cases

1. All appeals to court from a determination of the Board of Tax Assessment Appeals involving a claimed exemption from real

estate tax shall be accompanied by the full and complete transcript of the hearing before the Board, together with all

documentary evidence entered as part of that record and the Board’s Findings of Fact and Conclusions of Law in support of its

decision.

2. In any appeal to the Board or to court involving a claimed exemption from real estate taxation, the property owner claiming tax

exemption shall be subject to such relevant discovery by written interrogatories, deposition and production of documentary

evidence as reasonably bears on the property owner’s claim of tax exemption. Discovery shall be requested and completed

within one hundred twenty (120) days from the requesting party’s receipt of notice of the initial application to the Board. Except

in cases where such discovery requests has not been complied with prior to the Board’s hearing, no additional discovery shall

be permitted on appeal to court from the Board’s decision, except by leave of court.

Comment: This rule specifically does not require simultaneous exchange of information; instead the entity filing an appeal should bear the

initial expense and burden of producing an appraisal. This rule should then conserve resources by giving the respondent the opportunity to accept

the appellant’s appraisal as satisfactory before ordering his or its own appraisal.

Rule 5004. Appeals filed with the Clerk Of Courts

When an appeal to the Court of Common Pleas is filed with the clerk of courts, a party must file either a praecipe for

determination or, if an evidentiary hearing is required, a praecipe for hearing to move the matter before the court. The appropriate

praecipe should be addressed to, and served upon the court administrator.

Comment: See C.C.R.C.P. 206.6 regarding praecipe for determination.

Rule 5005. Civil Rules Committee

A civil procedural rules committee shall be appointed within sixty (60) days of the effective date of these rules to study and

make recommendations to the court concerning local procedure in civil matters and the promulgation and amendment of local rules

of civil procedure. The committee shall be composed of a judge of this court and members in good standing of the Bar of the

Supreme Court of Pennsylvania who maintain principal offices for the practice of law in Chester County, all of whom shall be

appointed by the president judge. The chairman of the committee shall be a non-judicial member of the committee and shall be

designated by the president judge. The committee shall meet as directed by the president judge, or by the chairman of the committee,

but in no event less often than semi-annually.

Rule 5006. Effective Date and Repealer

These rules shall become effective thirty days after the date of publication of these rules in the Pennsylvania Bulletin, pursuant to

Pa.R.C.P. No. 239. All previous local rules of civil procedure are hereby repealed as of the effective date of these rules, except the

rules of the Family Court and of the Orphans’ Court Division of the Court of Common Pleas of Chester County, which shall

remain in full force and effect.

Chester County Civil Index

Civil Procedure Rules References are to Rule Numbers

ADMINISTRATIVE CONFERENCES

Administrative conference memorandum............................249.1

Procedure in general........................................................... 249.1

ADMISSIONS

Petition..................................................................... 206.4(c)(3)

ANSWERS

Extension of time for filing................................................1003.1

Motion...........................................................................208.3(b)

Petition..................................................................... 206.4(c)(3)

Preliminary objections.................................................... 1028(c)

APPEALS

Appeal filed with clerk of courts...........................................5004

Appeal from real estate assessment 5003 Withdrawal of229.1

Zoning or local agency appeal............................................. 5002

APPEARANCES

Endorsement..................................................................... 1025.1

Entry or withdrawal.......................................................... 1012.1

ARBITRATION

Administration of arbitration proceedings.........................1302.1

Amendment of pleadings................................................. 1303.1

Amount in controversy..................................................... 1301.1

Appeal, trial readiness.........................................................249.3

Appointment of board........................................................1302.1

Award; comparative negligence........................................ 1306.2

Cases for submission to arbitration....................................1301.1

Composition of arbitration boards.................................... 1302.2

Compensation of arbitrators..............................................1308.1

Hearing............................................................................. 1303.1

Pre-arbitration memorandum............................................1303.2

ARGUMENTS

Generally............................................................................211.1

Petition............................................................................... 206.5

Post-trial motions................................................................227.2

Praecipe for determination..................................................206.6

Request for argument..............................................206.6; 211.1

Scheduling......................................................................... 211.1

Summary judgment, motion for................................... 1035.2(a)

ASSIGNMENT OF CASES

Emergency and injunctive matters......................................200.1

Generally...............................................................................200

ATTORNEYS

Arbitration board, appointment to..................................... 1302.1

Counsel fees...........................................................................241

Endorsement; initial pleading or appearance.....................1025.1

Entry or withdrawal of appearance....................................1012.1

Prior commitment of counsel..............................................216.1

Related cases, duty to notify court administrator.................... 200

BRIEFS AND MEMORANDA 206.5

Administrative conference memorandum............................249.1

Briefing schedule

Motion..................................................................... 208.3(b)

Petition, motion or preliminary objections....................206.5

Post-trial motions......................................................... 227.2

Trial memorandum........................................................226.1

Extension of time for filing................................................1003.1

Matters to be contained in brief or memorandum................... 210

Memorandum, administrative conference........................... 249.1

Memorandum, pretrial and settlement conference. ............. 212.1

Motion.................................................................206.5, 208.3(a)

Petition.............................................................................. 206.5

Pre-arbitration memorandum........................................... 1303.2

Preliminary objections

Pretrial and settlement conference memorandum................212.1

Summary judgment, motion for.................................... 208.3(b)

Trial memorandum............................................................. 226.1

CERTIFICATION OF SERVICE

Form.................................................................................. 206.3

Generally............................................................................206.3

CHESTER COUNTY LAW REPORTER

Notice.................................................................................233.1

CITATIONS

Citing the rules.....................................................................51.1

COMPLAINTS

Cover sheet....................................................................205.2(b)

Endorsement..................................................................... 1025.1

Entry of appearance.......................................................... 1012.1

Notice to defend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018.1.A

CONFERENCES

Administrative conference................................................. 249.1

Memorandum, administrative conference...........................249.1

Memorandum, pretrial and settlement conference. .............212.1

Pretrial and settlement conference..................................... 212.1

CONFESSION OF JUDGMENT

Ejectment; notice of commencement of action..................2971.1

For possession of residential property............................... 2956.1

CONTINUANCES

Prior commitment of counsel..............................................216.1

COURT ADMINISTRATOR

Administration of arbitration proceedings........................ 1302.1

COURT REPORTERS

Request for transcript......................................................... 227.2

COVER SHEETS

In general......................................................................205.2(b)

DISCOVERY

Appeal from real estate assessment.......................... ...... ... 5003

Certain discovery matters to be treated as motions.. ......208.3(a)

Certification requirement......................................... 208.2(e)(1)

Motion or petition, requirements..................................... 208.2(e)

Place of depositions. . . . . . . . . . . . . . . . . . . . . . . . . . . 4007.1.A

Preliminary objections, depositions to complete

record.........................................................................1028(c)

Problems arising during depositions. . . . . . . . . . . . . . . 4007.1.B

EJECTMENT

Confession of judgment................................................... 2971.1

EMERGENCY MATTERS

Generally............................................................................200.1

EQUITY ACTIONS

Partition of real property, public sale.......................................1568.1

EXCEPTIONS

Bill of costs............................................................................ 241

Withdrawal of..................................................................... 229.1

EXPERTS

Report from, attached to conference memorandum............212.1

EXTENSIONS OF TIME

Agreement to extend time................................................. 1003.1

FEES AND COSTS

Bill of costs............................................................................ 241

Counsel fees...........................................................................241

Interpreter...........................................................................233.3

FILING OF LEGAL PAPERS

Cover sheet....................................................................205.2(b)

Electronic Filing and Service of Legal Paper...................... 205.4

Requirements for filing with prothonotary...................... 205.2(a)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Submission by counsel........................................................ 226.1

HEARINGS

Arbitration........................................................................1303.1

INJUNCTIONS

Emergency and injunctive matters......................................200.1

INTERPRETERS

Generally............................................................................233.3

JOINDER OF PARTIES

Notice of pendency of action, to person required to

join............................................................................... 2232.1

JUDGES

Administration of civil cases............................................... 249.1

Assignment of cases............................................................... 200

Depositions, problems arising during. . . . . . . . . . . . . . 4007.1.B

Emergency and injunctive matters......................................200.1

Pretrial and settlement conference......................................212.1

JUDGMENTS

Claim for exemption; sheriff’s appraisement. . . . . . . . 3123.1.A

Confession of judgment

Ejectment; notice of commencement of action............ 2971.1

Entry of for possession of residential property............ 2956.1

JURIES

Demand for jury trial.................................................... 1007.1.A

Number of jurors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1007.1.A

Trial summation................................................................. 225.1

LANDLORD-TENANT MATTERS

Entry of judgment by confession for possession of

property....................................................................... 2956.1

Notice of commencement of action; ejectment..................2971.1

Rent escrow payments; appeal from district justice

decision.......................................................................5000

MEMORANDA

See Briefs and Memoranda

MOTIONS

Provenance

Source: www.chesco.org
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 3bdc53a6966746deb2c760961598c5f0a275d8e776436c770e644813500283e3

View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs