Dauphin Cnty. C.P. Rule 574-Motions. Filing, Service and Notice. Removal of ...

GENERAL PROVISIONS

*RULE 574. MOTIONS. FILING, SERVICE AND NOTICE.

REMOVAL OF PAPERS.

(1) Petitions and motions, other than those made during the actual trial of a

case, shall be:

(a) made in writing, and the original thereof filed with the Clerk of Court

before presentation to the Court;

(b) brought to the Court Administrator’s Office for presentation to the

Motion Court Judge unless otherwise specifically allowed; and

(c) served forthwith upon the adverse party.

(2) All papers filed in the Office of the Clerk of Court shall bear name of the

attorney or party filing them, and an address at which service can be

made.

(3) REMOVAL OF PAPERS:

(a) Except as otherwise provided herein, no original papers shall be

removed from the office of the Clerk of Court without prior written

permission of the Court upon cause shown.

(b) No original note, bond or other instrument upon which a judgment

has been entered shall be removed from the Office of the Clerk of

Court except for use by the Court.

(c) All other papers may be removed by any attorney who is a member

of the Dauphin County Bar—

i. For return prior to the close of the next business day, upon

the filing with the Clerk of Court of a signed letter listing

with specificity each document to be removed together with

a receipt as prescribed by (e) below.

ii. For a period not to exceed thirty (30) days, with written

leave of Court.

(d) A referee, auditor, master or other similar officer appointed by the

Court may remove papers for the purposes of his or her

appointment for a period not to exceed ninety (90) days, unless the

time be further extended by order of Court.

(e) When an attorney removes papers from the Office of the Clerk of

Court with permission of the Court she/he shall give a receipt

therefore, setting forth the caption and number of the case, a

description of the papers removed and the date of removal, which

receipt shall be signed by the attorney removing the papers.

(f) All papers removed on receipt, with or without leave of Court, shall

be returned promptly, and in no case shall papers be retained for a

period longer than prescribed herein, except by special permission

of the Court. If papers are retained beyond the proper time limit,

the Clerk of Court shall notify the attorney in default of his or her

failure to return such papers, and if such default continues, for three

(3) days following such notice, the attorney concerned shall

thereafter be prohibited from removing any papers from the office

until the default is corrected. The Clerk of Court shall report such

cases of continuing default to the Court for appropriate action.

* Formerly Rule No. 9020

Effective 6/4/2001