PA · rules

Philadelphia Cnty. C.P. CP-Trial Division-Civil 35

activein force · 2020-01-20 – presentact-effective-date

If the answer to interrogatory #32 is in the affirma tive, state the contentions of you or anyone acting on

your behalf, upon which you base a claim of contributory or comparative negligence and/or as sumption of

risk.

Note: Former Rule 145B, adopted, as General Court Regulation 84-1, effective January 5, 1984.

Rule 4007.1 Problems Arising at Depositions.

In the event a problem arises during the course of a deposition, counsel shall raise and

summarize the disputed issue on the record at the deposition. Brief arguments may be placed on

the record, and should consist of the reason for the dispute, an answer and a brief rebuttal.

Counsel may present the disputed issue for disposition to team leader in Discovery Court;

provided, however, if a firm trial or hearing date has been assigned, the issue may be presented

in a motion in limine.

Note: Former rule rescinded in its entirety, and new rule adopted March 3, 2000, effective 30 days after

publication in the Pennsylvania Bulletin.

Rule *4009.11 Request Upon a Party for Production of Documents and Things. Compulsory

Arbitration Program.

Requests upon a party for production of documents and things in the forms hereinafter reproduced

shall be utilized in the Compulsory Arbitration Program:

(A) Plaintiff(s) Request for Production of Documents Directed to Defendant(s); and

(B) Defendant(s) Request for Production of Documents Directed to Plaintiff(s).

Note: Adopted on November 20, 2014; effective February 17, 2015.

Explanatory Note: The adoption of this rule supplants Trial Division Administrative Docket No. 2005-02 issued

on April 8, 2005 by then Administrative Judge James J. Fitzgerald, III. The current Compulso ry Arbitration

Program Requests Upon A Party for Production of Document and Things have been drafted with the cooperation

and assistance of the Philadelphia Bar Association’s Rules and Procedure Committee and Arbitration Committee.

Note: The current version of the Requests for Production are available on the Court’s website at:

www.courts.phila.gov/forms and the links are also reproduced below:

Plaintiff(s) Request for Production of Documents Directed to Defendant(s)

Defendants(s) Request for Production of Documents Directed to Plaintiff(s)

Rule *4010 Physical or Mental Examination Reports.

Copies of Physical or Mental Examination Reports of parties required to be made available to

opposing parties un der Pa.R.C.P. 4010(b) shall be served upon the examined party’s attorney

within twenty (20) days, and immediately upon receipt thereof. Said examined party’s attorney

shall deliver to the attorney or attorneys of the other party or par ties, a copy of any written report

made by the examined party’s own physician.

Note: Former Rule 142; originally Star Rule *4010, adopted June 1, 1962.

Rule *4015 Letters Rogatory.

Letters rogatory in the following form may be issued on the application of either party:

COURT OF COMMON PLEAS OF THE COUNTY OF

PHILADELPHIA, PENNSYLVANIA

To the Appropriate Judicial Authority in _____________________________________________________

Whereas a certain suit is pending before us, in which A. B. is plaintiff and C. D. is defendant, and it has been

suggested to us that there are witnesses residing withi n your jurisdiction, without whose testimony justice

cannot completely be done between the said parties: we, therefore, request you that, in furtherance of justice,

you will, by the proper and usual process of your Court, cause such witness or witnesses as shall be named

or pointed out to you by the said parties, or either of them, to appear before you or some competent person

by you for that purpose to be appointed and authorized, at a time and place by you to be fixed, and there to

answer on their oaths or affirmations, to the several interrogatories hereunto annexed: and that you will cause

their testimony to be committed to writing, and returned to us under cover duly closed and sealed, together

with these presents: and we shall be ready and willing to do the same for you in a similar case when required.

Note: Former Rule 143; originally Star Rule *4015, adopted June 1, 1951.

Rule *4017.1 Objections at Videotape Depositions.

The following shall govern the procedure for making objections during videotape depositions:

(A) When counsel makes an objection, he or she shall merely state the word “objection” and

request that the video operator stop the videotape. Any arguments on objections shall be made on

the written transcript but off camera.

(B) Once the video is stopped, counsel should first summa rize the reasons for the objection in a

word or phrase. Counsel may then proceed with argument on the tran script and off the camera or

may merely state the summary grounds for the objection. Arguments should be brief, and should

consist of no more than the reason for the objection, an answer to the reason for the objection, and

brief rebuttal.

whatever objections can be resolved. They should present to the judge a list by page and line of

the objections that still need rulings.

(D) Prior to the playing of the videotape, the Court shall advise the jurors of the procedure dealing

with objections and instruct them to disregard the word “objection” when it is made. The videotape

may then be played without interruption, except for segments stricken by the judge.

Note: Adopted by the Board of Judges, General Court Regulation 90-2 effective February 1, 1990.

Rule 4018.1 Record Reproduction Services Rule.

(A) Records Reproduction Service(s) refers to all persons, partnerships, business organizations,

corporations, or other entities that provide or offer to provide record re production services to

attorneys, or parties in any proceeding in the Court of Common Pleas, Philadelphia County.

(B) All persons or organizations providing record repro duction services to attorneys or parties in

matters proceeding in the Court of Common Pleas, Philadelphia County, are required to comply

with the following reg ulations governing certification, notices of the repro duction of records,

methods and procedures for reproduction, notice to producing parties, examination of records, and

provisions. Lawyers and law firms are required to comply with all regulations except certification.

Records on or before the first business day of January for the year in which record reproduction

services are to be offered by the organization or entity. The form of certification shall be as

follows:

CERTIFICATION

TO THE PROTHONOTARY, COURT OF COMMON PLEAS

PHILADELPHIA COUNTY:

The undersigned is an officer (or other duly authorized representative) of the records reproduction service

known as _____________________________________________________________________________

with principal offices located at ____________________________________________________________

______________________________________________________________________________________

In accordance with Philadelphia Civil Rule 4018.1 relating to the operation and utilization of record

reproduction services in matters proceeding in the Court of Common Pleas, Philadelphia County, the

following certification is made:

(1) This organization has reviewed the rules governing reproduction services and will comply with them;

(2) This organization is insured and evidence of insurance, by certificate of the insurer, is attached;

(3) This organization has the necessary equipment and personnel to comply with all requirements of the

rules in a timely fashion;

(4) In accordance with applicable rules the following Center City location is designated as the office where

records will be made available for examination by counsel:

______________________________________________________________________________________

Signature ______________________________________________

Name of Certifying Person ______________________________________________

Capacity Position ______________________________________________

Name of Service ______________________________________________

Date _____________________

(D)

(1) The record reproduction service will give fifteen days notice to all parties before it serves

a records reproduction subpoena or other notice or request upon the records custodian;

(2) The notice shall be accompanied by a copy of the subpoena proposed to be served along

with any other document to be served upon the record holder;

(3) The notice or subpoena must give the records cus todian at least ten days within which to

produce the records;

(4) An objection to this procedure may be sent to the rec ords reproduction service and all

parties within fifteen days of receipt of the notice. An objection noted on the counsel return

card, that must be sent by the record reproduction service, or a letter objection is sufficient and

no format protective mo tion need be filed.2 Upon receipt of an objection, the record

reproduction service shall refrain from any action contrary to the objection until receipt of a

Court Order or further notice by the objecting party;

(5) The notice shall identify the records, the custodian and the party who has made the request;

(6) The notice and the counsel return card shall be in the forms shown in Appendices A and

B stating that if the Return Card is not sent back to the record reproduction service or is

returned stating no objection thereon, the subpoena shall be sent to the records custodian

fifteen days from the date of the notice requesting that the records be produced on or before

ten days thereafter. If a partial objection is stated on the Return Card, the records

reproduction service shall proceed in a manner consistent with such objection.

(7) The notice shall contain a per page price; if the total cost of a copy of the records will

exceed $100, the records reproduction service shall inform all coun sel of the total cost and

send a copy only to those counsel who approve the cost; and

(8) Whenever the records of a non-represented party or a person who is not a party are

requested, that party or person must be given notice at the same time it is given to counsel. The

record holder under such circumstances shall be notified that there has not been agreement by

all parties in view of the fact that it is the non-party’s records that have been requested. The

non-represented party will also receive notice of the cost for a copy.

(E) A records reproduction service shall not undertake to produce records in Court for evidence in

a trial or a hearing unless specifically authorized to do so by the attorney who requests that the

subpoena be served on the records custodian.

(F) If the records have been produced and copied in compliance with this regulation, unless a letter

objection is served on all parties within thirty days of receipt of cop ies of the records, the parties

shall have been deemed to have waived any objection to the authenticity or genu ineness of such

records for the purpose of any trial or hearing in the case designated in the caption of the No tice

of Records Reproduction Request except, however, there shall have been no waiver of any

objection to admissibility in evidence.

(G) Although each party obtaining copies of records will be required to pay for them,

administrative fees charged by the record reproduction service for such items as processing the

request for and procuring the records will be borne solely by the party initiating the record request.

Every other party obtaining copies will be required to pay the expense of copying the records only.

(H) The record reproduction service must make any records obtained by notice of deposition

available for inspec tion by any party in a Center City office without charge whether or not that

party has ordered a copy. The record reproduction service shall retain possession of the records or

copies thereof only for a period that is reasonable to facilitate such inspection.

(I) Where records are obtained by a record reproduction service, the service shall certify either that

it has copied all records obtained from the Records Custodian or shall specify, to the extent

possible, which records have not been copied.

(J) To obtain records, the record reproduction service shall send to the Records Custodian a letter

in the form of Appendix C and a record reproduction subpoena in the form of Appendix D. In

completing the subpoena, the record reproduction serv ice shall eliminate methods of production

objected to by any party.

(K) If any counsel objects to the records reproduction ser vice obtaining the records without a

formal disposition (option (a) on the Counsel Return Card), then the records reproduction service

will notify all parties that it will not attempt to obtain copies of the records, and the service will

refrain from making any request on the Custodian of the Records.

(L) If any counsel objects to the Records Custodian mailing the original documents to the records

reproduction service, (option (b) on the Counsel Return Card), then the service will notify the

Records Custodian not to mail such original documents, and will obtain copies by al ternative

means.

(M) If any counsel objects to the records reproduction service taking the records out of the

custody of the Records Custodian (option (c) on the counsel Return Card), then they shall strike

such method of reproduction from the records reproduction subpoena and will obtain copies by

the alternative means.

Note: Former Rule 390, adopted by The Board of Judges, Gen eral Court Regulation 83-3, effective January 1,

1984 (effective date amended to February 1, 1984 by General Court Regulation 83-3A).

Rule *4020.1 Testimony of Prisoners.

Writs of habeas corpus to produce prisoners to testify in Court will not be granted, except in cases

in which they are parties. In all other cases, and whenever their testimony is otherwise needed,

their depositions shall be taken at the place of their imprisonment.

Note: Former Rule 226; originally Star Rule *4021, amended June 1, 1951.

Rule 7107 Mental Health Commitment Procedure.

(A) For all commitments under the Mental Health Proce dures Act of 1976, the Court shall

determine whether the patient shall be committed to a maximum security institution. In all cases

where the Court determines that maximum security treatment is necessary, the defendant shall be

committed to Fairview State Hospital, un less special circumstances warrant a commitment to a

maximum security ward in another State hospital.

(B) In general, the Court may not order that a commitment under the Act be served in a maximum

security institu tion unless it finds that the patient’s condition as of the date of the hearing

therapeutically requires maximum security care. However, where the Court is indepen dently

empowered to impose a condition of incarcera tion on the patient under any criminal proceeding,

the Court may order a commitment served in a maximum security institution without a finding of

therapeutic necessity.

commit the patient to the appropriate facility designated by the State Department of Public Welfare

to serve the geographi c area of the patient’s residence. (Philadelphia patients are served by

Norristown State Hospital and Philadelphia State Hospital.)

Note: Former Rule 70; adopted by the Board of Judges, originally General Court Regulation 72-2, January 19,

1972 and 72-2 Supplement, February 16, 1972, further amended June 24, 1977.

Rule 7109 Mental Health Review Officer.

(a) Appointment. The President Judge may, from time to time, appoint such Mental Health Review

Officers as may be needed to effectuate the purposes of the Mental Health Procedures Act of 1976,

as amended.

(b) Qualification of Mental Health Review Officer. The Mental Health Review Officer shall be a

member in good standing of the Bar of the Supreme Court of Pennsylvania and possess such other

knowledge, expertise and experience as may be required by the President Judge.

appointed pursuant to this rule, shall exercise jurisdiction in proceedings pursuant to the Mental

Health Procedures Act of 1976, as amended, only in the following situations:

(1) when the subject of the proceedings is or resides in Philadelphia County; or

(2) when the subject of the proceedings has been subjected to involuntary treatment by another

county and that county has determined that Philadelphia County is the county of the person’s

usual residence, and has t ransferred the case to Philadelphia County for further proceedings.

In that case, the Philadelphia Court of Common Pleas, or Mental Health Review Officer

appointed pursuant to this rule, may conduct legal proceedings at such loca tions as may be

directed by the Court, including the facility where the person is in treatment, even if the facility

is not located in Philadelphia County.

(d) Form of Applications, Petitions and Certifications. All Applications, Petitions and

Certifications filed pursuant to the Mental Health Procedures Act shall be on forms approved by

the Department of Public Welfare. Provided, however, that the parties shall attach a cover sheet

with all Applications, Petitions and Responses in the form set forth hereunder or as modified by

the Court from time to time.

See www.courts.phila.gov/forms for the current version of the Mental Health Procedures Act Cover Sheet.

(e) Application for Extended Involuntary Treatment Pursuant to Section 303 of the Act.

(1) Applicant/Petitioner. The County Mental Health Administrator, or the Director of the

Facility in which the mentally ill person resides.

(2) Contents of Application/Petition.

(A) grounds on which extended emergency medical treatment is believed to be necessary;

(B) the name of any examining physician and substance of his or her opinion regarding the

mental condition of the person; and

(3) Filing and Service of Petition. The Petition must be filed with the Office of Judicial Records

within 120 hours of commencement of involuntary emergency treatment rendered pursuant to

Section 302, and served by the Petitioner a s soon as practicable on the person, his or her

attorney, the City Solicitor and the Mental Health Review Officer.

(4) Scheduling of Conference. An informal conference shall be listed within 24 hours after the

application is filed, with Court intervention to occur within 120 hours of the commencement

of involuntary emergency treatment rendered pursuant to Section 302.

(5) Conference. At the informal conference, the person shall be informed of the nature of the

proceedings, and the following information shall be considered by the Mental Health Review

Officer:

(A) Information relevant to whether the person is severely mentally disabled and in need

of treatment, including the reasons that continued involuntary treatment is considered necessary;

(B) Testi mony from a physician who examined the person explaining in terms

understandable to a layperson whether the person is severely mentally disabled and in need

of treatment;

Examination and Treatment under Section 302; and

(D) Any other information relevant to the issue of whether the person is severely mentally

disabled and in need of treatment, even if such information is normally excludable under

the rules of evidence, provided the information is found to be reliable.

(6) Decision. At the conclusion of the conference, the Mental Health Review Officer shall

either:

(A) Certify that the person is severely mentally disabled and in need of continued

involuntary treatment. The certification shall be filed with the Office of Judicial Records

and served on the parties as required by Section 303(e) of the Act; or

(B) Direct that the facility director or his designee discharge the person.

(7) Duration of Court-Ordered Involuntary Treatment. A period not to exceed 20 days.

(f) Petition for Court-Ordered Involuntary Treatment Pursuant to Section 304 of the Act.

(1) Persons Already Subject to Involuntary Treatment

(A) Petitioner. The County Mental Health Administrator, or the Director of the Facility in

which the mentally ill person resides.

(B) Contents of Petition.

(i) facts constituting reasonable grounds to believe that the person is severely mentally

disabled and in need of treatment;

(ii) name of the examining physician and substance of the physician’s opinion regarding mental condition of the person;

(iii) allegation that the person has been pro vided with the information required by

Section 304(b)(3); and

(iv) any other relevant information.

Records and served as required by Section 304(b) (3).

(D) Scheduling of Hearing. A hearing shall be held not more than five days after the filing

of the Petition.

(E) Continuation of Treatment Pending Hearing. Treatment shall continue pending

determination of Petition.

(F) Hearing. The following information shall be considered by the Mental Health Review

Officer:

(i) Evidence re-establishing that the conduct originally required by Section 301 in fact

occurred and that the person’s condition continues to evidence a clear and present

danger to himself or herself or others. It is not necessary to show the recurrence of

dangerous conduct within the past 30 days;

(ii) Information relevant to whether the per son is severely mentally disabled and in

need of treatment, including the reasons that continued involuntary treatment is

considered necessary;

(iii) Information contained in, or appended to, the Application for Involuntary

Emergency Examination and Treatment under Section 302 or 303;

(iv) Testimony by a physician who examined the person.

(G) Decision. The Mental Health Review Officer shall render a decision within 48 hours

after the close of evidence, and shall either:

(i) find that the person is severely mentally disabled and in need of continued invol -

untary inpatient or outpatient treatment and is sue an appropriate order as set forth in

Section 304(f) of the Act; or

(ii) deny the Petition and direct that the facili ty director or his designee discharge the

person.

(2) Persons Not Already Subject to Involuntary Treatment

(A) Petitioner. Any responsible party.

(B) Contents of Petition.

(i) facts constituting reasonable grounds to believe that the person is severely mentally

disabled and in need of treatment;

(ii) name of the examining physician and substance of the physician’s opinion regarding mental condition of the person; and

(iii) any other appropriate information.

(D) Scheduling of Hearing and Service of Petition. Upon being satisfied that the Pet ition

sets forth reasonable cause to believe that the person is within the criteria for court-ordered

treatment as set forth in Section 304(a), the Court shall schedule a hearing, which may be

conducted by a Mental Health Review Officer, and issue a summon s or warrant to ensure

the person’s attendance at the hearing. The hearing shall be scheduled as soon as

practicable, and the person must be served with a copy of the Petition and required notices

at least three days before the scheduled hearing.

(E) Administration of Treatment Pending Hearing. No treatment shall be authorized during

the pendency of the Petition except in accordance with Sections 302 or 303 of the Act.

(F) Hearing. The following information shall be considered by the Court or Mental Health

Review Officer:

(i) Information relevant to whether the person is severely mentally disabled and in need

of treatment, including the reasons that involuntary treatment is considered necessary;

(ii) Testimony from a physician who exam ined the person explaining in terms under -

standable to a layperson whether the per son is severely mentally disabled and in need

of treatment; and

(iii) Any other information relevant to the issue of whether the person is severely mentally disabled and in need of treatment.

(G) Decision. The Mental Health Review Officer, or Court, shall render a decision within

48 hours after the close of evidence, and shall either:

(i) find that the person is severely mentally disabled and in need of involuntary inpatient

or outpatient treatment and issue an appropriate order as set forth in Section 304(f) of

the Act; or

(ii) deny the Petition.

(3) Duration of Court-Ordered Involuntary Treatment.

(A) A period not to exceed 90 days under Section 304(g)(1) of the Act; or

(B) A period not to exceed one year under Section 304(g)(2) of the Act, subject to the

provisions of Section 304(g)(4) as to termination or continuance of involuntary treatment.

(g) Application for Additional Periods of Court-Ordered Involuntary Tr eatment Pursuant to

Section 305 of the Act.

(1) Applicant. The County Mental Health Administra tor, or the Director of the Facility in

which the mentally ill person resides.

(2) Contents of Petition.

(A) facts constituting reasonable grounds to be lieve that the person is severely mentally

disabled and in need of treatment;

(B) name of the examining physician and sub stance of the physician’s opinion regarding

mental condition of the person;

304(b)(3); and

(D) any other appropriate information.

(3) Filing and Service of Petition. The Petition must be filed with the Office of Judicial Records

and served as required by Section 304(b)(3).

(4) Scheduling of Hearing. A hearing shall be held no more than five days after the filing of

the Petition.

(5) Continuation of Treatment Pending Hearing. Treat ment shall continue pending

determination of the Petition.

(6) Hearing. The following information shall be con sidered by the Mental Health Review

Officer:

(A) Information contained in, or appended to, the Application for Involuntary Emergency

Examination and Treatment under Section 302, 303 or 304;

(B) Testimony by a physician who examined the person;

necessary, as shown by conduct during the person’s most recent period of court-ordered

treatment; and

(D) Any other information relevant to the issue of whether the person is severely mentally

disabled and in need of treatment.

(7) Decision. The Mental Health Review Officer shall render a decision within 48 hours after

the close of evidence, and shall either:

(A) find that the person is severely mentally disabled and in need of continued involuntary

inpatient or outpatient treatment, as shown by conduct during the person’s most recent

period of court-ordered treatment; and issue an appropriate order as set forth in Section 305

of the Act; or

(B) deny the petition and direct that the facility di rector or his designee discharge the

person.

(8) Duration of Court-Ordered Involuntary Treatment.

(A) A period not to exceed 180 days; or

(B) A period not to exceed one year if the person meets the criteria of Section 304(g)(2) of

the Act.

(h) Transfer of Persons in Involuntary Treatment.

(1) Except as provided hereunder, any person in invol untary treatment may be transferred to

any approved facility.

(2) Exceptions:

(A) persons committed pursuant to Section 304(g) (2) of the Act may not be transferred, in

the absence of an emergency, unless written no tice is given to the committing Judge or

Mental Health Review Officer, and district attorney in the committing county and neither

has objected to the transfer within 20 days of receipt of said notice. In the event an objection

is received, the Mental Health Review Officer shall hold a hearing within 20 days to review

the commitment transfer and shall render a de cision within 48 hours of the close of

evidence; and

(B) transfers which constitute a greater restraint cannot be accomplished unless before the

expiration of the period of involuntary treatment a petition is filed as provided in this rule

and the Mental Health Review Officer, after a hearing, finds the transfer to be n ecessary

and appropriate.

(i) Review of Mental Health Review Officer Certifications or Decisions.

(1) Judicial Review and Assignment. Certifications of the Mental Health Review Officers,

pursuant to Section 303 of the Act, and decisions of the Mental Hea lth Review Officers

pursuant to Sections 304, 305 and 306 of the Act are subject to Judicial re view through the

filing, by any party, of a Petition for Review with the Office of Judicial Records of the Court

of Common Pleas. Said Petitions shall be assign ed to such Court of Common Pleas Judges

(“Review Judge”), assigned to any Division of the Court, as may be determined by the

President Judge from time to time.

(2) Scheduling of Hearing and Service. A hearing must be scheduled and held within 72 hours

after the Petition is filed unless a continuance is requested by the person’s counsel. The party

filing the Petition for Review must forthwith serve a copy of the Petition and Notice of Hearing

on the Mental Health Review Officer and all other interested pa rties. Ser vice may be

effectuated by hand-delivery or via facsimile.

(3) Preparation of Record for the Court. The Mental Health Review Officer shall produce the

record of the proceedings held by the Mental Health Review Officer to the Review Judge no

later than the hearing date, and shall ensure that the evidence relied upon by the Mental Health

Review Officer is available to the Review Judge.

(4) Hearing. The Review Judge shall review the certi fication of the Mental Health Review

Officer and shall consider such other evidence as the Review Judge may receive or require.

(5) Decision. The Review Judge shall render a decision as soon as practicable, and, unless all

parties agree to a remand to the Mental Health Review Office, shall either:

(A) determine that the person is in need of invol untary treatment and that the procedures

prescribed by the Mental Health Procedures Act have been followed; or

(B) determine that the procedures prescribed by the Mental Health Procedures Act have

not been fo llowed, or that the person is not in need of involuntary treatment, and, if

appropriate, shall direct that the facility director or his designee discharge the person. The

decision of the Review Judge as set fourth above is subject to appellate review as provided

by rules of court.

(j) Record of Proceedings. Record of the proceedings (which need not be in a stenographic format)

held pursuant to the Mental Health Procedures Act shall be made, impounded by the Court as

provided in the Act, and kept by the Office of Judicial Records for at least one year.

(k) Appointment of Counsel. The President Judge, or his designee, shall appoint counsel to

represent all persons who may be subject to involuntary medical examination and treatment, unless

it appears that any such person can afford, and desires to have, private representation.

Explanatory Note: The Mental Health Procedures Act, as enacted on July 9, 1976, authorized the local courts to

decide whether a judge of the Court of Common Pleas or a “Mental Health Review Officer” would conduct legal

proceedings under the Act. Section 109 specifically provided that a Mental Health Review Officer could, if au -

thorized by the Court, conduct proceedings under Section 303(c), which dealt with extended involuntary

emergency treatment, and under Section 304, which dealt with court-ordered involuntary treatment. However, the

Act did not specifically address the issue of whether the Mental Health Review Officer could issue orders for

treatment or whether such orders were deemed to be final orders which were subject to appellate review.

In the case of In re Chambers, 282 Pa. Super. 327, 422 A.2d 1140 (1980), the Superior Court addressed the

difference between “certifications” issued pursuant to Section 303 and “order s” issued pursuant to Section 304.

The Superior Court found that Section 303 specifi cally authorized the Mental Health Review Officer to certify,

without judicial approval, a person for extended involuntary emergency treat ment for a period not to exceed 20

days, noting that under Section 303 the person made subject to such involuntary emergency treat ment had the

right to petition the Court of Common Pleas for review of the certification. However, the Superior Court found

that the procedure for Section 304 proceedings was different, in that Section 304 required the entry of an “order”

involuntarily committing a person, and since the Mental Health Review Officer is not a judge, the Mental Health

Review Officer cannot enter a “final order” which is appeal able to the Superior Court. Thus, the Superior Court

concluded that a commitment “order” issued pursuant to Section 304 by a Mental Health Review Officer on

August 28, 1978 was not a “final order” and accordingly, not ripe for appellate review, and remanded to the Court

of Common Pleas with directions to enter a final appealable order. See also In re Bishop, 282 Pa. Super. 67, 422

A.2d 831 (1980).

The Mental Health Procedures Act was amended by Act of November 26, 1978, P.L. No. 1362, No. 324, effective

in 60 days. This amendment, inter alia, expanded the scope of the Mental Health Re view Officer’s authority by

authorizing the Mental Health Review Of ficer to conduct hearings concerning extended involuntary emergen cy

treatment under Section 303(c), court-ordered involuntary treatment under Section 304 and 305, or transfer

hearings under Section 306. More importantly, a new section was added, Section 109(b), which specifically

provides, as did Section 303(g), that persons made subject to treatment by Mental Health Review Officers have a

right to petition the Court of Common Pleas for review of such ordered treatment. Thus, under the 1978

amendments, providing that the Court of Common Pleas authorized Mental Health Review Officers to conduct

proceedings under Sections 303(c), 304, 305 and 306, they may require involuntary treatment, further provided

that the persons subject to such treatment may file a petition for re view with the Court of Common Pleas which

will enter a final appeal able order. The instant Rule constitutes authorization to Mental Health Review Officers

to conduct proceedings under the Mental Health Procedures Act, as amended, and sets forth the procedure to be

followed so as to clarify the rights of the persons affected.

Note: Old rule rescinded and new rule adopted May 23, 1997, effective July 1, 1997. Amended by President

Judge General Court Regulation No. 97-02 on August 8, 1997, (adopted by the Board of Judges on September

25, 1997) effective immediately. Administrative Docket No. 001 of 1997, Administrative Order No. 003 of 1997,

and Administrative Docket No. 001 of 2000 may impact this rule.

Rule 7109.1 Electronic Filing of Mental Health Applications or Petitions.

(1) General Rule.

(A) Except as otherwise provided by subsection (B) of this rule, parties shall file legal papers,

including original process, with the Office of Judicial Records by means of electronic filing in

any civil mental health matter filed pursuant to the Mental Health Procedures Act of 1976, as

amended, and the within rule.

(B) Notwithstanding subsection (A), appeals to appellate courts filed from orders issued by the

Court pursuant to Petitions for Review of certification orders issued by Mental Health Review

Officers cannot be filed electronically, but must be filed with the Office of Judicial Records in

a paper format.

electronically filed and shall file the original with the Office of Judicial Records if requested

pursuant to Pa.R.C.P. No. 205.4(b)(2) (ii).

(D) The Office of Judicial Records shall not maintain a paper file of any legal papers filed

electronically pursuant to this rule.

(2) File Date. Acceptance By Office of Judicial Records. The Office of Judicial Records shall

provide electronic access at all times; however, legal papers submitted electronically shall be

deemed “filed” after they are re viewed and accepted by the Office of Judicial Records.

Electronically filed document will be reviewed and ac cepted for filing during normal business

hours only. The Office of Judicial Records shall electronically provide a filing status message to

the filing party setting forth the “filed” date and time.

Note: A filing party accepts the risk that a document filed by means of electronic filing may not be properly or

timely filed with the Office of Judicial Records. See Pa.R.C.P. No. 205.4(e)(2).

(3) Scheduling of Hearing. Upon filing of the application or petition, a hearing shall be scheduled

consistent with the dictates of the Mental Health Procedures Act.

(4) Service of Pleading and Scheduling Order. After the application or petition is verified and

accepted and a hearing date scheduled, the Office of Judicial Records shall notify all parties that

the application was filed and is available, and further that a scheduling order was en tered. This

notification shall constitute service of the application or petition on all parties, and service of the

scheduling order as required by Pa.R.C.P. No. 236.

(5) Orders. U pon conclusion of the hearing, the Mental Health Review Officer shall enter an

appropriate order electronically. An electronic copy of the order shall be e-mailed or made

available electronically to all parties through the Mental Health Electronic Filing S ystem.

Participation in the Electronic Filing System and the electronic availability of the orders as

provided herein shall constitute compliance with Pa.R.C.P. No. 236.

(6) Website. The Office of Judicial Records web site, and the Mental Health System, may be found

at the following website address: http://courts.phila.gov, or at such other site as may be designated

from time to time. The Office of Judicial Records shall provide electronic ac cess at all times;

however, the electronically filed document will be reviewed and accepted for filing during normal

business hours only. The time and date of the filing and receipt shall be as set forth above.

(7) Authorized Users. The Civil Mental Health Electronic Filing System shall be accessible to

attorneys and other parties with the prior approval of the Office of Judicial Records. An appropriate

user name and password will be provided, and specific software may also be required.

(8) Fees. The Office of Judicial Records shall impose an automation fee of $5.00 per Mental Health

Application or Petition filed, together with any other requisite filing fees. All Petitions and

Applications not filed with the Office of Judicial Records electronically after the im plementation

date of this rule shall be subject to b oth the automation fee and the requisite filing fee. The

President Judge may waive all or any portion of the fil ing fee and automation fee. The funds

generated by the automation fee shall be set aside by the Office of Judicial Records and remitted

monthly to the First Judicial District’s Procurement Unit, and shall be used for, but not limited to,

the development, training, implementation and maintenance of the electronic filing system for the

Philadelphia Court of Common Pleas. The procedure for payment o f the fees and costs of the

Office of Judicial Records shall be set forth on the Office of Judicial Records’ website.

Note: Adopted November 16, 2001; effective January 1, 2002.

Provenance

Source: courts.phila.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 612cdc17ab9ea8a0c92f205ccc6d63770859cf8344ccf39f61b83406352931c2

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