Chester Cnty. C.P. Court of Common Pleas District Justice Rules

Note:

The following rules appear in the Criminal Court Rules Section of the Chester County Court Rules.

These Criminal rules, updated May 2021, are also used as District Justice Rules when they apply. They

are as follows:

105.2 Interpreters

528(D).1 Posting Real Estate Bail

528(D).2 Establishing Value of Real Estate Bail

528(D).3 Review of Documents by Clerk of Courts

528(D).4 Posting for More Than One Defendant Prohibited

528(D).5 Verification of Surety

571.1 Notice from Issuing Authority

578.1 Motions Challenging Preliminary Hearing (Habeas Corpus)

578.2 Sharing Cost of Transcript

578.3 Providing Transcript to Court, and Opposing Party

578.4 Transcripts from Tape Recordings

578.5 Stipulations in Absence of Record

Rule 1901. Termination of inactive cases.

The clerk of courts shall list, by district court number, at least bi-annually (January and June) of

each year all summary or criminal proceedings in the magisterial district courts in which no steps

or proceedings have been taken for two years or more prior thereto and shall give thirty (30)

days’ notice of intention of termination to all parties as provided by Pa.R.J.A. 1901(c)(2) by

publishing legal notice in the legal newspaper of the county. The legal notice shall contain a

hyperlink to the Clerk of Courts website which shall have a dedicated section containing a list of

each case and the docket information. A form notice of intention to proceed shall also be

obtainable through the aforementioned hyperlink and in hardcopy form from the Clerk of Courts’

office. If no notice of intention to proceed is received within thirty (30) days of the date of

publishing the matter shall be terminated by order of court.

Rule 5000. Rent Escrow Payments in Lieu of Bond in Landlord Tenant Appeals from District Justice

Decisions.

(a) Where a tenant in possession of residential real property appeals from a judgement for the

possession of the real property entered by a district justice as required by Pa.R.C.P.D.J.

1008(B) a supersedeas shall operate if such tenant:

(1) at the time of filing the appeal, files with the prothonotary a verified statement of

his intentions of depositing monthly rental payments required by the lease which

will become due during the pendency of the court of common pleas proceedings

listing the amount of rental payments to become due per month and the dates

when said payments are due, a copy of which shall be served upon the appellee by

certified mail within five (5) days; and

(2) deposits with the prothonotary the rental payments for the current month (if not

already paid) and the subsequent rental payments as they become due according to

the said verified statement.

(b) Upon motion and order and certification of two days notice to tenant or his counsel by the

landlord, accompanied by a copy of the escrow account from the prothonotary’s office, the

court may terminate the supersedeas if a monthly rental payment was not deposited in

escrow within five (5) days after the date the rental payment became due.

(c) No withdrawals shall be permitted from any such escrow account except upon court order.

Rule 5001. Writs of Certiorari From Actions Before District Justices.

(a) Within thirty (30) days of filing a praecipe for writ of certiorari under the provisions of

Pa.R.C.P.D.J. 1009 the appellant shall file a praecipe for determination and a brief in support

of issuance of the writ and appellee shall have fifteen (15) days to file a reply brief. The

court, in its discretion, may extend the time for filing of briefs.

(b) If appellant fails to file a brief and praecipe for determination within the time set forth in

subsection (a), or within the time extended by the court, then appellee may, without filing a

brief, file a praecipe for determination and the court may consider appellant to have

abandoned his position.

Comment: See C.C.R.C.P. 206.2 for form of praecipe for determination.