Mercer Cnty. C.P. Rules of Orphan's Court Rule 9

Local Rule 9.1:1 Notice of Hearings

a. Original Hearing – Twenty (20) days notice of the time and place of the

first hearing before the auditor or master shall be served, in writing, on

all known heirs, devisees, unpaid legatees, and distributes, or their

attorneys, and to all others by advertisement in one newspaper of

general circulation within the county and the Mercer County Law Journal

once a week for three (3) consecutive weeks prior to the date of the

hearing, unless notice be dispensed with by agreement of all interested

parties, or by order of Court. Auditors and masters shall state in their

report the manner and to whom notice was given.

b. Subsequent Hearings – Notice of succeeding hearings given by the

auditor or master, at a hearing or which prior notice has been given, shall

constitute sufficient notice of such succeeding hearings.

Local Rule 9.6:1 Notice of Filing Report. Preliminary Objections

After the report is prepared, the auditor or master shall serve on the parties, or

their attorneys, twenty (20) days written notice of the day fixed for filing the

same and in the meantime, such parties shall be allowed access thereto. Any

party interested may file preliminary exceptions to the report, before the day

fixed for the filing thereof. If preliminary exceptions are filed, the auditor or

maser shall re-examine the report and amend the report if the preliminary

exceptions are, in whole or in part, well founded. If the report is not filed at the

time fixed therefore in said notice, said report shall only be filed after five (5)

days written notice is given to the parties, or their attorneys. The auditor or

master shall certify in the report the manner and time of serving the notice

herein required.

Local Rule 9.7:1 Confirmation of Auditor’s Reports. Objections

All reports of auditors shall be filed in open court at the time and ate set by the

auditor, pursuant to these Rules. Upon the filing of the report, it shall be

confirmed nisi, which confirmation shall be made absolutely by the Clerk without

further order of Court, unless exceptions thereto are filed.

Local Rule 9.7:2 Confirmation of Master’s Reports. Objections

All report of masters shall be filed in open court at the time and date set by the

master pursuant to these Rules. Upon the filing of the report, the Court shall

enter a decree nisi either adopting the master’s recommendations or rejecting

the same. A decree nisi shall be made final by the Clerk without further order of

Court, unless exceptions thereto are filed.

Local Rule 9.7:3 Approval of Expenses and Fees prior to Confirmation

No auditor’s or master’s reports shall be confirmed or otherwise approved until

such time as the Court shall have entered an order approving the amount of

expenses to be reimbursed until and the amount of fees to be awarded until the

auditor or master. The Court may assess said expenses and fees upon any party

in interest, as it deems fit.

Local Rule 9.8:1 Absolute Confirmation. Auditor’s and Master’s Expenses

and Fees

No master’s or auditor’s repo0rt shall be confirmed by the Clerk until all

expenses and auditor’s or master’s fees have been paid to the Clerk Upon

confirmation, the Clerk shall pay all expenses and the balance of the auditor’s or

master’s fee to the auditor or master, after deducting ten percent (10%) of the

auditor’s or master’s fee to be paid to the treasurer of the Mercer County Bar

Association.