Mercer Cnty. C.P. Rules of Civil Procedure (front matter)

LOCAL RULES

of the

COURT OF COMMON PLEAS OF MERCER

COUNTY, 35th JUDICIAL DISTRICT

Supplementing the

Rules of Civil Procedure

Promulgated by the

Supreme Court of Pennsylvania

Local Rules Committee:

Peter C. Acker, Esq., Chairman

JUDGES OF THE COURT OF COMMON PLEAS OF

MERCER COUNTY, 35th JUDICIAL DISTRICT

Honorable Daniel P. Wallace, President Judge

Honorable Tedd C. Nesbit, Judge

Honorable Ronald D. Amrhein, Jr., Judge

Honorable D. Neil McEwen, Judge

PREFACE

The Rules of the Court of Common Pleas of Mercer County, 35th Judicial District, are

intended to supplement the Rules of Civil Procedure promulgated by the Supreme Court

of Pennsylvania. The latter's system of numbering has been preserved. Each local rule

dealing with the same subject matter as one of the Rules of Civil Procedure has been

given the same number. All local rules are preceded by the letter "L" to indicate their

local character. All local rules must be read in connection with the Rules of Civil

Procedure bearing the same numbers.

LOCAL RULES

of the

Court of Common Pleas of Mercer County, 35th Judicial District

Supplementing the

Rules of Civil Procedure

Promulgated by the

Supreme Court of Pennsylvania

BUSINESS OF COURTS

Rule L200 Attorneys

Rule L205.2(a) Filing Legal Papers With the Prothonotary

Rule L205.2(b) Cover Sheet

Rule L206.1(a) Petition. Definition. Content. Form.

Rule L206.4(c) Rule to Show Cause. Alternative Procedures

Rule L208.2(c) Motion. Statement of Applicable Authority.

Rule L208.2(d) Uncontested Motions

Rule L208.2(e) Motions Relating to Discovery

Rule L208.3(a) Motion Procedures

Rule L208.3(b) Motions Practice. Filing of Argument Court Briefs.

Rule L210 Form of Briefs

Rule L212 Pre-Trial Conference

Rule L225 Addresses and Summing Up

Rule L227.1 Post Trial Conferences

COURT MATTERS

Rule L301.1 Copies of Writings

Rule L306 Prothonotary

Rule L309 Trial and Trial List

Rule L310 Court Calendar

Rule L312 Security for Costs

Rule L315 Bills of Costs

Rule L316.1 Judgment by Agreement

Rule L 316.3 Striking or Opening Judgments

Rule L316.4 Judgments: Re-indexing

Rule L317 Notification. Assignment. Conference.

Rule L230.2 Termination of Inactive Cases

MISCELLANEOUS MATTERS

Rule L321 Auditors and Auditors' Reports

Rule L323 Assignees for Creditors

Rule L324 Sheriff

Rule L325 Surveyors

Rule L326 Money Paid Into Court

Rule L327 Law Library

Rule L328 Official Legal Publication

Rule L329 Pre-Trial Order

CIVIL ACTIONS AT LAW

Rule L1018.1 Notice to Defend

Rule L1023.4 Sanctions

Rule L1028(c) Preliminary Objection

Rule L1033 Amendment

Rule L1034(a) Motion for Judgment on the Pleadings

Rule L1035.2(a) Motion for Summary Judgment

ACTION TO QUIET TITLE

Rule L1066 Form of Judgments on Order

RESIDENTIAL MORTGAGE FORECLOSURE CONCILIATION PORGRAM

Rule L1147 Residential Mortgage Foreclosure Program

ARBITRATION

Rule L1301 Scope

Rule L1302 List of Arbitrators. Appointment to Board. Oath.

Rule L1308 Appeal. Arbitrators’ Compensation. Notice.

ACTIONS FOR PRIMARY PHYSICAL CUSTODY AND PARTIAL PHYSICAL

CUSTODY OF MINOR CHILDREN

Rule L1915.1 Office of the Custody Conciliator

Rule L1915.3 Commencement of Action. Complaint. Order

Rule L1915.4-1 Conciliator Hearings for Partial Custody

Rule L1915.4-2 Conciliator Hearings by Default. Partial Custody Order

Rule L1915.4-3 Conciliator Conference

ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE

Rule L1920.51 Hearing by Court. Appointment of Master. Notice of Hearing

Rule L1920.53 Hearing of Master. Report

Rule L1920.54 Hearing by Master. Report. Related Claim

Rule L1920.55-2 Master's Report. Notice. Exceptions. Final Decree

RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY

Rule L1930.7 Flat Filing of Papers

Rule L1930.8 Clerk of the Domestic Relations Section

Rule L1930.9 Information to Consumer Credit Bureaus

INCAPACITATED PERSONS AS PARTIES

Rule L2056 Procedure When Incapacity of a Party Is Ascertained

UNINCORPORATED ASSOCIATIONS AS PARTIES

Rule L2152 Actions by Associations

ACTIONS FOR WRONGFUL DEATH

Rule L2205 Notice to Persons Entitled to Damages

CONFESSION OF JUDGMENT FOR MONEY

Rule L2952 Confessed Judgments

ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY

Rule L3110 Execution Against Contents of Safe Deposit Box

Service of the Writ Upon Garnishee, Real Property of Defendant

Rule L3112

in Name of Third Party

Rule L3123 Debtor’s Exemption

Rule L3128 Notice of Sale Personal Property

DEPOSITIONS AND DISCOVERY

Rule L4010 Physical and Mental Examination of Persons

REAL ESTATE TAX ASSESSMENT APPEALS

Rule L5000 Definitions

Rule L5000.1 Real Estate Tax Assessment Appeals

Rule L5000.2 Intervention

Rule L5000.3 Discovery

Rule L5000.4 Consolidation

Rule L5000.5 Appointment of conciliator

Rule L5000.6 Pre-Hearing Procedure

Rule L5000.7 Hearing by the Court

Rule L5000.8 Hearing by conciliator; Report; Objections; Transcript

Rule L5000.9 Decision; Final Order; No Post-Trial Motions

Rule L5000.10 Real Estate Tax Exemption Appeals

Rule L5000.11 Notice of Change of Ownership of Property; Change of Address

Rule L5000.12 Settlement

FORMS

Local Rules of the Court of Common Pleas of Mercer County,

35th Judicial District

Rules of Civil Procedure

BUSINESS OF COURTS

RULE L200

ATTORNEYS

(a) During the month of January of each year, the secretary of the Bar Association

shall certify to the Prothonotary, the recorder of deeds, the register of wills, and

the clerk of the Orphans' Court Division, any change in the members of the

Mercer County Bar. Each of these officers shall retain a register of such list in

their office.

(b) No attorney shall be admitted as surety in any action pending in court and the

Prothonotary shall not accept any bond or surety unless by leave of court for

special cause shown.

[Adopted Juley 19, 2024, effective 30 days after publication in the Pennsylvania

Bulletin. Amended January 2, 2026, effective 30 days after publication in the

Pennsylvania Bulletin]

RULE L205.2(a)

FILING LEGAL PAPERS WITH THE PROTHONOTARY

All pleadings and other legal papers filed with the Prothonotary shall be prepared for flat

filing on paper 8 ½” x 11” in size and be bound by staples or similar binding.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L205.2(b)

COVER SHEET

All pleadings and other legal papers filed with the Prothonotary shall contain on the face

sheet the following information: designation of the Court, date of filing, file number,

caption, title of pleading, notice to plead or other form of notice, certification where

applicable, and name, address, Supreme Court number, and telephone number of the

attorney or law firm filing the pleading upon whom papers may be served.

RULE L206.1(a)

PETITION. DEFINITION. CONTENT. FORM.

“Petition,” as used in this chapter, shall mean an application for relief other than a motion

including:

(1) an application to open a default judgment or a judgment of non pros;

(2) a request for special relief, unless the request seeks an expedited hearing date, a

stay, or interim pre-hearing relief;

(3) a petition for civil contempt, except in a support or custody action;

(4) a motion for delay damages; and

(5) a petition for relief from a judgment by confession;

RULE L206.4(c)

RULE TO SHOW CAUSE. ALTERNATIVE PROCEDURES

(1) A petition seeking only the issuance of a rule to show cause shall be presented to

the Court Administrator. No advance notice of the presentation need be given to

any party. The Court Administrator shall transmit the petition to a Judge for

disposition. It shall then be transmitted promptly to the Prothonotary for filing.

(2) A rule to show cause shall be issued by the Court as of course upon petition,

pursuant to Pa.R.C.P 206.6. The rule shall direct that an answer be filed to the

petition within (20) days after service of the petition on the respondent. The

Court may, in appropriate circumstances, direct that an answer be filed within a

shorter period of time, or dispense with the necessity of filing an answer

altogether. Every petition shall have attached to it a proposed order, providing for

an evidentiary hearing. The Court on its own motion or upon request of a party

may require a case to be submitted on the basis of the pleadings, depositions

and/or oral argument instead of an evidentiary hearing.

(3) The petitioner shall attach to the petition a proposed order substantially in the

following form:

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA

Plaintiff(s):

:

vs. :

Defendant(s):

ORDER

petition, it is hereby ordered and decreed that

(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the

relief requested;

(2) the respondent shall file an answer to the petition within twenty (20) days of service upon the

respondent;

(3) the petition shall be decided under Pa.R.C.P. 206.7;

(6) notice of the entry of this order shall be provided to all parties by the petitioner.

BY THE COURT:

RULE L208.2(c)

MOTION. STATEMENT OF APPLICABLE AUTHORITY.

A motion shall include a brief statement of the applicable authority for the relief

requested.

RULE L208.2(d)

UNCONTESTED MOTIONS

If the moving party intends to present the motion as uncontested, the motion shall include

a written consent by opposing counsel and unrepresented parties; or the motion shall

include a certification that the moving party has contacted opposing counsel and

unrepresented parties and that opposing counsel and unrepresented parties do not contest

the motion.

RULE L208.2(e)

MOTIONS RELATING TO DISCOVERY

Any motion relating to discovery shall include a certification by the moving party that the

moving party has conferred or attempted to confer with opposing counsel and

unrepresented parties having an interest in the motion in order to resolve the matter

without court action.

RULE L208.3(a)

MOTION PROCEDURES

(1) The scheduling of all motions or other matters will depend on whether a

judge has issued a case management order in the case pursuant to Local Rule

L317(C).

(a) If a judge has not issued a case management order pursuant to Rule

L317(C) when the motion or other matter is filed, the Court Administrator

shall assign the motion or other matter to a judge on a rotating basis.

(b) If a judge has issued a case management order pursuant to Rule L317(C)

prior to the filing of the motion or other matter, the Court Administrator shall

assign the motion or other matter to the judge attached to the case by virtue of

the case management order, so long as the judge attached to the case is

available to rule on the motion or other matter within a reasonable time.

(c) If a judge has issued a case management order pursuant to Rule L317(C)

but the judge attached to the case is unavailable or otherwise unable to rule on

the motion or other matter within a reasonable time, then the Court

Administrator shall assign the motion or other matter to a judge on a rotating

basis.

(2) All motions or other matters shall contain a scheduling order, a proposed

order, and a certification that the motion has been served on opposing counsel or

the opposing party. The certification shall also set forth the manner of service. All

proposed orders shall list the names of counsel of record, the party represented by

each counsel and any self-represented parties. All motions and other matters shall

first be filed in the proper row office and then delivered to the Court

Administrator for scheduling. After the court issues a scheduling order, the

Prothonotary shall serve a copy on all counsel of record and self-represented

parties. After receipt of the scheduling order, the moving party shall notify all

other counsel and self-represented parties of the date and time of the scheduled

hearing. If the Court Administrator anticipates that a scheduling order will not be

received prior to the scheduled hearing, the Court Administrator shall attempt to

notify all counsel of record and self-represented parties of the date and time of the

scheduled hearing via telephone or email.

(3) Ex Parte Orders in Adversary Proceedings.

(a) Ex Parte Motions to the court in an adversary proceeding will not be

considered without prior notice of presentation to all parties with the

opportunity to be heard, except in the following cases:

(1) Motions for relief which are routinely granted as of course, on a

presumption of assent, such as motions for appointment of legal counsel

and guardians ad litem, and the like.

(2) Motions affecting the issuance of service of initial papers upon

another who is not yet subject to the jurisdiction of the court, such as

applications for substituted service, extensions of time, and the like.

(3) Motions for preliminary orders granting or scheduling a hearing

thereon, or directing process or notice to bring the opponent before the

court to answer.

(4) Motions for stay orders in license suspension appeals.

(5) Cases in which the adverse party has waived the opportunity to be

heard or has consented to the requested action.

(6) Cases in which there are special or compelling circumstances which

the court finds justifies ex parte action.

(b) Prior notice of presentation of a motion to the court shall state the date,

time and place of intended presentation and shall be accompanied by a copy

of the motion and the proposed order.

(c) In cases where an ex parte order is made, a copy of the motion and order

shall be served promptly on the opponent and on all other parties, who may

file a prompt application for reconsideration of the order.

(d) In all cases where prior notice of presentation is required under statute or

rule of court, the motion shall state that the requisite prior notice was given;

the date, time and manner of giving notice. If the right to ex parte relief is

based on the existence of special or compelling circumstances, the motion

shall state such circumstances.

(4) Scheduling of Matters.

(a) Argument Court.

(1) Matters for Argument Court and all other matters to be scheduled by

praecipe shall be scheduled by praecipe as set forth in subsection (b)

below.

(2) Courts for hearing arguments shall be held on the first Monday of

each month unless otherwise ordered by the court.

(3) The Prothonotary shall keep an argument docket wherein shall be set

down all cases or matters requiring argument, special examination by the

court, and the taking of testimony, except trials by jury and other matters

specifically regulated by Act of Assembly.

(4) All cases for argument shall be placed on the argument docket at least

thirty (30) days prior to the argument day by a praecipe as set forth in

subsection (b) below.

(5) The praecipe to the Prothonotary shall include the name of opposing

counsel, the precise nature of the matter requiring argument, and whether

the matter listed requires the taking of testimony.

(6) The Court Administrator shall give notice to all counsel that the case

has been placed on the argument list. Said notice shall contain the date

upon which argument will be held, and the nature of the matter requiring

argument. The argument list shall be published in the Mercer County

Law Journal prior to Argument Court.

(b) Scheduling by Praecipe.

(1) Matters for Argument Court and all other matters to be scheduled by

praecipe shall be scheduled by filing a praecipe with the Prothonotary

days after the filing of preliminary objections or 30 days after the filing of

a motion for summary judgment or at any time for any other matters to be

scheduled by the court.

(2) The praecipe shall be served promptly on all other counsel and self-represented parties in the case.

(3) Upon receipt of a scheduling praecipe any party may object as

follows:

(a) If the objection is to an assertion in the praecipe of readiness of the

case for disposition by the court, the objection shall be made promptly

to the court in accordance with Motions Court practice with notice to

other parties.

(b) If an objection relates to any other assertion in the praecipe, the

objecting party shall promptly file a counter praecipe stating only the

matter challenged.

(4) If a party files a scheduling praecipe, knowing that the matter is not

ready for disposition by the court, or knowing that the matters certified to

in the scheduling praecipe are not true, the court may impose sanctions on

the offending party. Sanctions may include assessment of reasonable

counsel fees incurred by other parties as the result of such conduct,

prohibition of additional discovery, or other appropriate order.

(5) Form of Scheduling Praecipe: The praecipe shall identify the nature of

the matter to be scheduled, all opposing counsel, and designate any Judge

who has previously entered a ruling in the case.

(5) Preparation and Form of Orders and Decrees. Copies for Distribution.

(a) Unless otherwise directed by the court, decrees and orders requested by a

party shall be drafted by the attorney at whose instance they are to be made,

and shall be submitted to the court for approval.

(b) All proposed orders presented to the court shall list the names of all

counsel of record, the party represented by each counsel and any self-represented parties.

(c) The proposed order and any accompanying documents shall be

transmitted by the parties to the Court Administrator for scheduling. The order

and documents shall then be filed in the proper office.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin. Amended September 8, 2014, effective 30 days after publication in the

Pennsylvania Bulletin. Amended January 2, 2026, effective 30 days after

publication in the Pennsylvania Bulletin]

RULE L208.3(b)

MOTIONS PRACTICE. FILING OF ARGUMENT COURT BRIEFS

(1) When a moving party files a scheduling praecipe for Argument Court, the

moving party’s brief shall be filed with the Court Administrator at the time the

scheduling praecipe is presented, and the moving party shall serve copies of

the brief on opposing counsel and unrepresented parties. All other parties

shall file with the Court Administrator a brief within fifteen (15) days after

service.

(2) When a non-moving party files a scheduling praecipe, the moving party shall

file with the Court Administrator and with all other parties a brief within

fifteen (15) days after filing of the praecipe. All other parties shall file with

the Court Administrator and all other parties a brief within ten (10) days of

receipt of the moving party’s brief.

(3) If a party’s brief is not timely filed, the court may, in its discretion:

(a) Disregard any untimely brief;

(b) Refuse oral argument by the offending party;

(c) Consider the issues raised by the offending party to be waived;

(d) Order argument continued;

(e) Enter such other order as the interests of justice may require.

RULE L210

FORM OF BRIEFS

Briefs shall be in the form prescribed by Pennsylvania Rule of Civil Procedure 210, and

shall consist of concise and summary statements, separately and distinctly titled, of the

following items in the order listed:

(1) Matter before the Court: State the particular pleading (motion, petition,

objection, exception, application, etc.) before the court for disposition, and the

particular relief requested therein.

(2) Statement of the question(s) involved: State the issue(s) in question form

containing factual context sufficient to present the precise matter to be decided by

the Court; each susceptible of a yes or no answer; each followed by the answer

advocated.

(3) Facts: State the material facts.

(4) Argument: State the reason(s) why the court should answer the questions

involved as proposed, including proper citation of authorities.

RULE L212.3

PRE-TRIAL CONFERENCE

(a) All civil actions at law and in equity, both jury and non-jury, excluding those

within the jurisdictional limits of compulsory arbitration and not appealed, and

actions of divorce or annulment shall be pretried unless dispensed with by special

order as unnecessary. No other civil action need be pretried unless required by

special order of this court.

(b) Any and all admissions of fact or documents, amendments to pleadings,

agreements of counsel and any other matters resolved or determined by the court

at the pre-trial conference shall be made into an order by the court and made a

part of the record.

(c) At least five (5) business days prior to the pre-trial conference, each counsel

of record representing a party to the action shall present to the court, and serve a

copy on all other counsel, a pre-trial statement conforming with the requirements

of Pa.R.Civ.P 212.2, and shall also include:

(1) A statement of any unusual questions of law that may arise.

(2) A list of the names and addresses of all witnesses that party proposes

to call, classifying them as witnesses to liability or to damages. The listing of

a witness by a party shall impose no obligation on the party to call the witness

or to procure attendance at the trial.

(3) A copy of any plan or plot that party proposes to introduce into

evidence.

(d) Each person or corporation having an actual interest in the case--whether as a

party, as the insurance carrier of a party, or otherwise--shall either be personally

present at the pre-trial conference or shall there be represented by someone

authorized to speak for him or it with respect to the trial of the case and its

settlement.

(e) All unusual questions of law shall be presented to the pre-trial judge with a

statement of the authority supporting the position of that party. If a party desires,

he may present such questions in the absence of the opposing party and his

counsel.

(f) Exhibits may be marked prior to trial by the court stenographer. It is

recommended, although it is not required, that a list of exhibits, including a

description of each, be given to the court and to the stenographer at the

commencement of the trial.

(g) If a party, in the exercise of reasonable diligence, first becomes aware of the

necessity or the desirability of using a witness or a plan or plot subsequent to the

pre-trial conference, that party shall forthwith file the name, address and

classification of the witness or a copy of the plan or plot with the court and serve

a copy upon opposing counsel. Filing and service less than forty-eight hours

before the opening of the trial shall not be deemed compliance with this

subsection.

(h) A party may not call a witness nor offer a plan or plot without complying

with sub-section (c) or (g) hereof unless that party shall first secure the permission

of the court upon cause shown.

(i) The court shall not schedule a pre-trial conference less than thirty (30) or more

than ninety (90) days prior to the anticipated commencement of trial except s

otherwise ordered by the court.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.

Bulletin.]

RULE L225

ADDRESSES AND SUMMING UP

(a) Opening addresses may be made by all parties or groups of parties at the

commencement of the trial in the order of their appearing in the pleadings. Any

party may reserve opening address until immediately before presenting evidence.

(b) After the close of the testimony each party or group of parties shall have the right

of final address or argument. The party or parties having the burden of proof shall

have the right of final address or argument to the jury. However, a party who has

presented no evidence and who does not appear on the record in another capacity

shall not have the right of final argument.

RULE L227.1

POST-TRIAL RELIEF.

Unless the court shall deem it unnecessary in a particular case, a post-trial conference

shall be held, at a time fixed by the court, in every case in which a post-trial motion has

been filed. The purpose of such conference will be to limit the issue which must be

considered by the court in ruling upon the post-trial motion and to determine how much

of the stenographic record of the trial should be transcribed.

COURT MATTERS

RULE L301.1

COPIES OF WRITINGS

Whenever a copy of a writing is attached to a pleading, brief or other paper submitted to

the court, whether such copy is mechanically produced or otherwise, it shall be clearly

legible and faithfully represent the original in every respect, and unless the original itself

is not legible the court may require a substitute copy to be made and filed before the

pleadings shall be considered valid or the brief or other paper considered.

RULE L306

PROTHONOTARY

(a) The Prothonotary shall immediately endorse all papers filed with the date of such

filing. Such endorsement upon a bond shall not constitute approval thereof. The

Prothonotary shall enter all rules, pleadings and other papers filed in every case in

the Prothonotary docket.

(b) The Prothonotary shall be responsible for the safe keeping of all records and

papers belonging to his/her office.

(c) Any attorney who takes a paper from the files of Prothonotary shall give his/her

receipt for it. He/She shall be responsible for the same and for damages arising

from any loss of same.

(d) Only the Prothonotary, clerks, and attorneys registered in the office of the

Prothonotary shall be permitted access to the files.

(e) No entries shall be made in the docket except at the direction of the Prothonotary

or by order of the courts, except an entry of appearance of counsel.

(f) All papers filed with the Prothonotary shall be designated numerically starting

with the number one for each calendar year. Civil Actions 2004-1

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L309

PRAECIPE FOR TRIAL LIST OR ARBITRATION

(a) All matters not scheduled for trial by case management order pursuant to Rule L317 shall

be placed on the trial list by any party filing a Praecipe for Trial with the prothonotary

and providing a copy to the Court Administrator.

(b) All matters designated as arbitration cases by case management order pursuant to Rule

L317 shall be scheduled for arbitration by filing a praecipe for arbitration as set forth in

Rule L1302 unless the matter was referred to arbitration by the court pursuant to Rule

L317.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.

Amended September 8, 2014, effective 30 days after publication in the Pennsylvania

Bulletin. Amended April 19, 2024, effective 30 days after publication in the Pennsylvania

Bulletin. Amended January 2, 2026, effective 30 days after publication in the

Pennsylvania Bulletin.]

RULE L310

COURT CALENDAR

At the beginning of each calendar year, the court shall publish in the Mercer County Law

Journal, a court calendar for the current year which shall have the effect of a rule of court

for the matters and dates set forth therein.

RULE L312

SECURITY FOR COSTS

(a) The defendant or any interested party may require the plaintiff who resides out of

state, or who is in bankruptcy, or has insolvency proceedings pending against

him, to file security for costs.

(b) The court, by special order upon cause shown, may require a plaintiff or a

defendant who seeks affirmative relief to enter security for costs.

(c) The claimant in a sheriff’s interpleader issue shall be construed to be a plaintiff

within the meaning of this rule.

(d) In default of security entered at the time fixed by the court, judgment of default or

other appropriate court order may be made in favor of the party obtaining the

order.

[Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania

Bulletin.]

RULE L315

BILLS OF COSTS

(a) Bills of costs must contain the names of the witnesses, the dates of their

attendance, the number of miles actually traveled by them, and the place from

which mileage is claimed. The bill shall be verified by the affidavit of the party

filing it or by his/her agent or attorney that the witnesses named were actually

present in court, and that, in his opinion, they were material witnesses. A copy of

the bill of costs shall be served on opposing counsel.

(b) The party upon whom a bill of costs has been served may, within ten (10) days

after such service, file exception thereto, and the issue shall be determined by the

court. Failure to file exception within ten (10) days shall be deemed a waiver of

all objections.