Philadelphia Cnty. C.P. CP-Trial Division-Civil (introduction)

First Judicial District of Pennsylvania

Court of Common Pleas of Philadelphia County

Trial Division - Civil

Local Rules

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PHILADELPHIA COURT OF COMMON PLEAS

TRIAL DIVISION, CIVIL LOCAL RULES

TABLE OF CONTENTS

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Rule *1028.1 Preliminary Objections to Declaration of Taking Pursuant to Section 406 of The Eminent Domain

Code or to Petition for Appointment of Viewers Alleging De Facto Taking or Other Compensable Injury

Rule *2064 Procedure to Compromise, Settle, Discontinue or Distribute Funds n Matters Involving Incapacitated

Rule *4009.11 Request Upon a Party for Production of Documents and Things. Compulsory Arbitration Program.. . Pg. 108

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Forms – Current Forms are available at: www.philacourts.us/forms

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PHILADELPHIA COUNTY COURT OF COMMON PLEAS

TRIAL DIVISION – LOCAL CIVIL RULES

Rule *51 Citation, Categorization and Effect of Philadelphia Civil Rules.

(A) Citation. These rules shall be known as the Philadel phia Civil Rules, and may be cited as

“Phila. Civ. R.___.”

(B) Promulgation. The Philadelphia Civil Rules shall include and be promulgated as follows:

(1) Local Rules of Court. Local Rules of Court are promulgated by the Board of Judges of the

Court of Common Pleas. Local Rules of Court may either implement, clarify or tailor statewide

procedural rules to Philadelphia situations, in which case the rule will be indicated by an

asterisk and numbered to comport with the correspondi ng state rule; or es tablish, implement

and clarify various require ments and procedures related solely to Philadelphia practice, in

which case the rule will be numbered consistent with the substance of the rule.

(2) General Court Regulations. General Cou rt Regulations are formal instructions from the

President Judge or an Administrative Judge of the Court of Common Pleas dealing with

administrative procedures or otherwise supplementing and explaining Local Rules of Court or

statewide procedural rules.

(3) Administrative Regulations. Administrative Regu lations are instructions from the Court

Administrator to all or a part of his staff. Administrative Regu lations shall be as specific as

possible, and shall, where feasible, explain (a) the reason the in struction is being issued, (b)

the changes in current pro cedures which will be effectuated, and (c) how the new procedure

will operate, identifying all parties involved and setting forth their responsibilities.

(4) Bulletins. Items of information and items of a temporal nature are called Bulletins. Weekly

schedules, monthly statistics, temporary assignments, and announcements of all kinds will be

classified as Bulletins. Bulletins will be issued by the Presi dent Judge, an Administrative

Judge, or the Court Administrator.

(C) Construction and Effect. All Philadelphia Civil Rules shall be construed liberally to insure that

no one is de nied justice. Whenever possible, such rules shall be construed as consistent with

statewide procedural rules and with e ach other. Where conflicts arise, the order of priority shall

be:

(1) The Pennsylvania Rules of Civil Procedure;

(2) Local Rules of Court;

(3) General Court Regulations;

(4) Administrative Regulations; and

(5) Bulletins.

(D) Publication. Local Rules of Court, General Court Regulations and Administrative Regulations

which govern or effect procedures to be followed by the Bar shall be given rule numbers at the

time of their promulgation. Each Bulletin which governs or affects such procedures shall either (a)

be given a rule number, in which event it will remain in effect until rescinded, (b) specify a period

of time not longer than 60 days during which it will remain in effect or (c) be published in The

Legal Intelligencer at least once every 60 days, or automatically cease to remain in effect. All rules

shall be made avail able by the Office of the President Judge for publication and distribution.

Publication and distribution of new numbered rules shall occur as soon as practicable fol lowing

adoption of those rules by the Board of Judges. Rules concerning wholly internal procedures need

not be numbered or published. A complete copy of all currently effective Philadelphia Civil Rules

shall be main tained and made available for public inspection at the Office of the Civil

Administration.

(E) Cataloguing, distribution and maintenance of files of all local rules, administrative and general

court regulations and all procedural orders and directives are the responsibility of the Office of the

President Judge.

(F) Effective Date. All numbered rules shall become effective on the date specified in the new rule,

following publication in The Legal Intelligencer.

Note: Former Rule 1, amended November 20, 1986, ef fective February 1, 1987. O riginally General Court

Regulation 71-1, adopted by The Board of Judges, July 8, 1971; Bulletin 72-159, July 6, 1972; further

amended November 20, 1986, effective February 1, 1987. Existing rule amended May 24, 2000, effec tive

July 9, 2000. Paragraph (D) has been amended to require numbering in accor dance with Pa.R.C.P. 239 and

to ensure that regulations will be included in the published rules.

Rule *76 Attorneys as Notaries Public.

Attorneys holding commissions as notaries public, or who are otherwise authorized to administer

oaths, shall not take or attest the affidavit of any party represented by them, and all affidavits taken

in violation of this rule will be treated as null.

Note: Former Rule 30; originally Star Rule *205.

Rule *105 Approval of Sureties.

(A) Sureties required at the commencement of actions shall be approved by the Office of

Judicial Records subject to review by the Court. Two auditors shall be appointed each year, who

at least once a year and more often, if in the opinio n of the auditors the same be necessary, shall

make a separate written report concerning the advisability of accepting each corporation as surety.

This report of the auditors shall be based upon a thorough ac counting study and analysis of the

financial statements which the corporation shall furnish to the auditors. If in the opinion of the

auditors an examination of any com pany at its home office is required, the auditors shall file a

motion with the Court in which the application of the corporation was filed setting forth the reasons

for the making of such examination, and requesting the Court’s approval. A copy of such motion

shall be served upon the corporation, which shall have the right to file an answer to the motion of

the auditors, and otherwise to be heard. No examination shall be made by the auditors at the home

office of the applicant surety company without approval of the Court in which the application for

approval was filed.

(B) Qualifications of sureties for bail shall be governed by Rule 4007 of the Pennsylvania Rules

of Criminal Procedure.

Note: Former Rule 46; originally Star Rules *918, *919 and *920. Amended May 20, 2004, effective July

26, 2004.

Rule *201 Stipulations.

(A) Judicial approval of stipulations of counsel is not re quired except for stipulations relating to

the following matters:

(1) The settlement, discontinuance and ending of an action as to less than all defendants;

(2) The return of money deposited with the Court;

(3) The transfer of an action to another Court or jurisdiction;

(4) Late joinder of additional defendants; and

(5) Waiver of the requirements of a local rule.

(B) Stipulations not requiring judicial approval shall be filed with the Office of Judicial Records.

Service shall be made by the filing party upon all counsel and unrepresented parties.

(C) Stipulations requiring Court approval in cases not as signed to the Non Jury Program, the

Arbitration Pro gram or the Arbitration Appeal Program shall be pre sented for approval to the

Judicial Team Leader for that Program to which the case has been assigned. Stipulations requiring

Court approval in the Non Jury, Arbitration or the Arbitration Appeal Programs shall be presented

for approval to the Motion Court Judge. All Stipulations requiring Court a pproval shall be filed

with the Office of Judicial Records and will be assigned to the appropriate Judge for approval.

Note: Amended May 24, 2000, effective July 9, 2000; amended November 15, 2007, effective on January 7,

2008.

Rule *204.1. Pleadings and Other Legal Papers. Format.

(a) In order to accommodate the filing of documents in an electronic format as authorized by

Philadelphia Civil Rule *205.4, all “legal papers,” as defined in Pa.R.C.P. No. 205.4(a)(2), must

conform to the following requirements:

(1) All files must be no larger than 5MB each. If an electronic file exceeds this limit, then it

must be split into multiple files;

(2) All PDF pages must be 8 and 1/2 inches in size ex actly. Other file sizes may be

incompatible with electronic filing;

(3) No security, passwords or other restrictions may be placed on electronic files. If an

electronic file contains passwords or other security devices, it will be rejected; and

(4) After an electronic file is created, it must not be modified in any way. If an electronic filing

is modified, it may be incompatible with the electronic filing system and will be rejected.

(b) In order to accommodate the scanning of legal papers presented in hard-copy format and saving

in an elec tronic format as provided by Philadelphia Civil Rule *205.4(b)(1), in addition to the

requirements of Pa.R.C.P. No. 204.1, all hard-copy “legal papers” must conform to the following

requirements:

(1) all legal papers must be printed on only one side of the paper;

(2) all orders must contain a 3 -inch space from the top of the page for all electronic court

stampings, filing notices, etc.;

(3) legal papers must not be stapled or permanently bound, but must be secured by binder clips

or other fasteners which do not puncture or otherwise interfere with scanning;

(4) bar codes on any page of the legal paper interfere with scanning and must therefore be

crossed out or otherwise redacted; and

(5) to avoid scanning errors, Exhibit separator pages must be used instead of Exhibit tabs.

Explanatory Note: The source of this rule is Administrative Dock et No. 01-2008, issued by Administrative

Judge D. Webster Keogh on July 16, 2008. Adopted by the Board of Judges on November 20, 2008; effective

on January 5, 2009. Amended May 15, 2014, effective July 6, 2014.

Rule *205.2(a). Pleadings. (Rescinded)

Note: Rule rescinded. Subject matter contained in Philadelphia Civil Rule *205.2(a)(5) and (6) is adopted as

Philadelphia Civil Rule *1018. Subject matter contained in Philadelphia Civil Rule *205.2(a) (8) is adopted

as Philadelphia Civil Rule *1021. All other provisions contained in this rule are covered by Pennsylvania

Rules of Civil Procedure and are thus unnecessary.

Rule *205.2(b). Cover Sheet.

(1) Initial Pleading. Any document commencing an action must have attached to it a Civil Cover

Sheet, in a form provided by the Office of Judicial Records as approved and modified from time

to time by the Administrative Judge or his/her designee. A Civil Cover Sheet must also be filed

together with Objections to Sheriff’s De termination of Title filed pursuant to Pa.R.C.P. 3201, et

seq.

(i) Failure to Attach Cover Sheet. If the Civil Cover Sheet is not attached as required, the Office

of Judi cial Records shall accept the document for filing if it otherwise complies with all

applicable state rules; provided, however, that the Office of Judicial Records shall endorse on

the original pleading, and all file-stamped copies, the following: “The filing party shall submit

a Civil Cover Sheet as required by Phila. Civ.R. *205.2(b) within 20 days or shall suf fer

appropriate sanctions.” The file-stamped copies shall be returned to the filing party for service.

(ii) Sanctions. In the event the Civil Cover Sheet is not submitted as required, the Court may

impose any authorized sanctions including non pros against the filing party. The Court may

also impose any appropriate sanctions if the information set forth in the Civil Cover Sheet is

determined to be false or misleading.

Note: See www.courts.phila.gov/forms for the current version of the Civil Cover Sheet and Civil Cover Sheet

with Commerce Program Addendum.

(2) Petitions or Motions. A Petition/Motion Cover Sheet, in a form provided by the Court as

approved and modified from time to time by the Administrative Judge or his/her designee, must

be attached to all Petitions, Motions, Answers and Responses, except for Discovery Motions and

Motions for Extraordinary Relief, and Responses thereto.

Form

Note: Former Rule 205.2 rescinded and replaced May 20, 2004, effective July 26, 2004. See

www.courts.phila.gov/forms for the current version of the Petition/Motion Cover Sheet.

Rule *205.4 Electronic Filing of Legal Papers Filed in the Civil Trial Division.

(a) Commencing at 9:00 AM on January 5, 2009, parties shall electronically file all “legal papers,”

as defined in Pa.R.C.P. No. 205.4(a)(2), with the Office of Judicial Records through the Civil Trial

Division’s Electronic Filing System as more specificall y provided in Pennsylvania Rule of Civil

Procedure No. 205.4 and Philadelphia Civil Rule *205.4.

Explanatory Note: The term “legal paper” as defined in Pa.R.C.P. No. 205.4(a)(2) encompasses all pleadings

and other papers filed with the Office of Judici al Records— even if the legal papers are not adversarial in

nature and do not require the non-filing party or parties to respond (such as Notices of Tax Liens).

(b) (1) Authorized Electronic Format of Legal Papers Elec tronically Filed. All legal papers shall

be filed in a por table document format (“pdf”). As authorized by Pa.R.C.P. No. 205.4 (b)(1), in

the event any legal paper or exhibit is submitted to the Office of Judicial Records in a hard-copy

format, the Office of Judicial Records shall convert a nd maintain such legal paper or exhibit to a

portable document format, and the Office of Judicial Records shall return the hard-copy legal paper

or exhibit to the filing party for retention as required by Pa.R.C.P. No. 205.4(b)(5).

(c) (2) Website. Access to the Website.

(i) Website. All legal papers shall be filed electronically through the Civil Trial Division’s

Electronic Filing System (“Electronic Filing System”) which shall be accessible through

the website of the First Judicial District of Pennsylvania, http://courts.phila.gov, or at such

other website as may be designated from time to time.

(ii) Access to the Website. To obtain access to the Elec tronic Filing System, counsel and

any unrepresented party must apply for and receive a User Name, Password, and Personal

Identification Number (“PIN”).

(d) Payment of Filing Fees.

(1) The Office of Judicial Records will accept for pay ment of all filing fees cash, checks and

the following credit and debit cards: American Express, Discover, MasterCard, and Visa.

(2) The Office of Judicial Records will not accept ad vance deposit on account of future filing

fees due to the difficulty in monitoring and accounting for such advance deposits.

(3) Electronic Filing Fees and Costs. As authorized by Act 81 of 2006, the Office of Judicial

Records shall collect an electronic filing fee for each legal paper or exhibit filed as

established by the Office of Judicial Records with the approval of the President Judge of the

Court of Common Pleas. In addition to such electronic filing fee, commencing on January 5,

2009, the Office of Judicial Records is authorized to charge the sum of $1.00 per page for

each page of a legal paper or exhibit which is filed in a hard copy format and which must be

converted by the Office of Judicial Records to a portable document format. All fees collected

pursuant to this rule shall be set aside by the Office of Judicial Records and remitted monthly

to the First Judicial District’s Procurement Unit. All such fees and costs collected will be

used for the implementation and maintenance of the electronic filing system and additional

development, enhancements and training.

(f) Local Procedures. As authorized by Pa.R.C.P. No. 205.4 (f), the following administrative

procedures are adopted:

(1) Signatures on Pleadings, Verifications, Documents and Other Legal Papers. The electronic

filing of legal papers utilizing the issued User Name, Password and PIN issued as provided by

this rule and Pa.R.C.P. No. 205.4, constitutes the party’s signature on electronic documents as

provided by Pa.R.C.P. No. 1023.1 and, if the filing party is an attorney, constitutes a

certification of authorization to file it as provided in Pa.R.C.P. No. 205.1. Addi tionally, the

following provisions apply:

(i) Filing Party. The legal paper must include a signature block, and the name of the filer

under whose User Name, Password and PIN the legal paper is submitted must be preceded

by a “/s/” and typed in the space where the signature would otherwise appear.

(ii) Client Verifications and Documents Executed by Clients or Other Persons. The

Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any

document or legal paper executed by any party other than the filing party must be scanned

and attached to the electronic filing in a portable document format at the time the legal

paper is submitted.

(iii) Documents requiring signatures of more than one party must be scanned and attached

to the electronic filing in a portabl e document format at the time the legal paper is

submitted.

Note: This subsection is designed to address issues which may arise regarding signatures on legal papers and

documents. A filer’s use of the User Name, Password and PIN issued through the EFS is the filer’s “electronic

signature.” However, often, legal papers require that verifications be executed by non-filers and deficiencies

in content and execution could be subject to preliminary objections. Moreover, many legal papers or

documents require multiple signatures. In order to avoid prejudicial delay, this section requires that the filing

party scan such legal papers, documents or signature pages and attach them to the electronic filing at the time

of submission.

(2) Upon receipt of the legal paper, the Office of Judicial Records shall provide the filing party

with an acknowledgment, which includes the date and time the legal paper was received by the

Electronic Filing System.

(3) After review of the legal paper, the Office of Judicial Records shall provide the filing party

with e-mail notification, or notification on the Electronic Filing System, that the legal paper

has been accepted for filing (“filed”) or not accepted or refused for filing.

(4) If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it

was re ceived by the Electronic Filing System; provided, however, that if a legal paper is

submitted without the requisite filing fee, the legal paper shall be deemed to have been accepted

for filing as of the date payment was received. The Office of Judicial Records is authorized to

refuse for filing a legal paper submitted without the requisite payment. If the pleading or legal

paper is accepted for filing, it will be electronically served as authorize d by Pa.R.C.P. No.

205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4(g)(2)(ii).

Note: As required by Pa.R.C.P. No. 205.4(c)(1), access to the Electronic Filing System shall be available at

all times, except for required maintenance. However, legal papers can only be reviewed during normal court

hours. Therefore, parties are cautioned to file required legal papers in advance of any filing deadline to enable

timely correction and re-submission in the event a legal paper i s not accepted or is refused for filing. The

Office of Judicial Records may refuse for filing any legal paper submitted without the required filing fees as

provided by 42 Pa.C.S. §1725(c)(2)(xix), or, at the Office of Judicial Records dis cretion, may authorize the

filer to submit the required filing fees within a stated time period after which the Office of Judicial Records

may refuse the legal paper for filing if payment is not received.

(5) If a legal paper is refused for filing, the Office of Judicial Records shall specify the reason.

Subject to the provisions of subsection Rule 205.4 (e)(1)(i), a legal paper refused for filing

shall be deemed as not having been filed.

(6) Neither the Court nor the Office of Judicial Records are required to ma intain a hard copy

of any legal paper or exhibit, notice, or order filed or maintained electronically under this rule.

(7) If a legal paper is electronically filed, the Civil Electronic Filing System will automatically

serve all persons who have previousl y submitted electronic filings in the same case, pursuant

to Philadelphia Civil Rule *205.4 and Pa.R.C.P. No. 205.4(g), but the filing party must serve

all others as required by rules of court. All legal papers filed in a hard-copy format must be

served by the filing party as required by rules of court.

Note: This rule is adopted as required by Pa.R.C.P. No. 239.9. Adopted November 15, 2007, effective

January 7, 2008; amended December 1, 2008, effective January 5, 2009. The provisions which govern the

Electronic Filing of Mental Health Applications and Petitions are set forth in Philadelphia Civil Rule 7109.1,

which was adopted on November 16, 2001 and which became effective on January 1, 2002.

Rule *206.1(a). Designation of Petitions.

(1) In addition to petitions to open default judgment and petitions to open judgment of non pros,

the following applications are designated “petitions” and are governed by the procedures set

forth in Pa.R.C.P. 206.1 et seq.:

(i) Petition to Appoint Arbitrator;

(ii) Petition to Appoint A Receiver;

(iii) Petition to Compel Arbitration;

(iv) Petition to Confirm Arbitration Award;

(v) Petition to Confirm Settlement;

(vi) Petition for Contempt;

(vii) Petition to Set Aside Arbitration Award;

(viii) Statutory Petitions; and

(ix) Petition to Appoint a Sequestrator.

(2) Emergency petitions shall be assigned to the appropri ate judge immediately upon submission

to the Motion Clerk. A Rule to Show Cause Order will not be issued as of course by the Motion

Clerk. Upon review of the petition, the assigned judge will issue an appropriate order setting forth

the manner in which the petition will be answered, heard and disposed.

(3) The Administrative Judge of the Trial Division, or his/ her designee, may from time to time

update the list of Applications which are designated “petitions” and which are governed by the

procedures set forth in Pa.R.C.P. 206.1. The updated list shall become effec tive thirty (30) days

after publication on the website of the Administrative Office of Pennsylvania Courts.

Note: Former Rule 206.1 rescinded and replaced May 20, 2004, effective July 26, 2004. Amended May 15,

2014, effective July 6, 2014.

Rule *206.3 Rule *206.3 Petitions for Approval of Settlement of No-Fault Benefits.

Note: Rescinded May 24, 2000, effective July 9, 2000.

Rule *206.4(c). Rule *206.4(c). Rule to Show Cause. Issuance as of Course. Form of Order.

Stay.

The Rule to Show cause process set forth in Pa.R.C.P. 206.6 is hereby adopted for all petitions

filed pursuant to Pa.R.C.P. 206.1 et seq. Upon the filing of a petition, a rule to show cause shall be

issued as of course by the Motion Court clerk on behalf of the Court. The form of rule to show

cause order shall be substantially as set forth hereunder. To obtain a stay of proceedings, the filing

party shall specifically set forth in the petition the reasons why the stay is required, and shall further

indicate on the Petition/Motion Cover Sheet that a stay has been requested. The Court may

schedule a conference on the request for stay, or grant or deny the stay ex parte.

Note: Adopted May 20, 2004, effective July 26, 2004. See www.courts.phila.gov/forms for the current

version of the Rule to Show Cause Order.

Rule *208.2(c). Briefing Requirement.

All Motions, except for Motions for Extraordinary Re lief, shall be accompanied by a Brief or

Memorandum of Law in the form set forth in Phila.Civ.R. *210.

Note: Adopted May 20, 2004, effective July 26, 2004.

Rule *208.2(d). Certification of Uncontested Status.

Note: This court has not promulgated a local rule imposing a cer tification requirement for uncontested

motions.

Rule *208.2(e). Certification of Good Faith Attempt to Amicably Resolve Discovery Motions.

On the day the Discovery Motion is argued, the filing party shall present to the Discovery Judge

an Attorney Certification of Good Faith, substantially in the form attached hereto, certifying that

the filing party has conferred with all other parties in an attempt to resolve the discovery disputes

at issue. In the event the moving party was unable to confer with any party, the attempts made to

confer with that party shall be specifically set forth.

Note: Adopted May 20, 2004, effective July 26, 2004. See www.courts.phila.gov/forms for the current

version of the Attorney Certification of Good Faith.

Rule *208.3(a). Motions Initially Considered Without Written Response or Briefs.

(1) Emergency Motions. “Emergency Motions” shall be initial ly considered without written

Response or Briefs. Upon filing, the Motion Clerk shall assign the Emer gency Motion to the

appropriate judge who, upon re view of the motion, will issue an order providing any applicable

relief, and shall further set forth how the motion will be answered, heard and disposed;

(2) Motions for Alternative Service. Motions for Alterna tive Service shall be forwarded to the

appropriate judge immediately upon filing. The filing party must immediately serve a copy of the

petition on all counsel of record and unrepresented parties;

(3) Motions for Reconsideration. Motions for Reconsider ation shall be forwarded to the

appropriate judge immediately upon filing, and the filing party must serve a copy of the motion as

provided in subsection (b)(3)(C). In appropriate cases, the assigned judge may enter a preliminary

order vacating the order in question pending receipt of the response to the motion.

(4) Discovery Motions.

(A) Scheduling Requirements. All Discovery Motions, except in designated Mass Tort cases,

shall be presented to, argued before and determined by the appropriate Judge of Discovery for

the particular program involved. The moving party shall file or fax a Discovery Argument

Request Form (substantially in the form attached hereto) with the Discovery Clerk (Room 287

City Hall) setting forth the following information: the program to which the case

is assigned; the next event and the date of that event (if the case is in the Arbitration Program, the

arbitration hearing date must be provided), the Court Term and Number, and Caption of the case.

The requisite filing fee in the form of a check made payable to the Office of Judicial Records or

credit card information must be included. Upon receipt of the requisite filing fee and a fully

completed Discovery Argument Request Form, the Discovery Clerk shall assign the Discovery

Motion for argument. The filing party retains the original Motion and proposed order for

submission to the Court on the argument date.

(B) Service Requirements. The moving party shall im mediately serve a copy of the Discovery

Motion and proposed order (which shall contain no refer ence to the attorney proposing same),

together with a Notice of Presentation and Certificate of Service (substantially in the form attached

hereto) on all counsel of record and unrepresented parties as required by Pa.R.C.P. 440. Except in

cases of emergency or waiver by consent of all parties, at least ten (10) days’ prior written notice

shall be required.

(C) Argument Date. On the argument date, the filing party shall hand to the Discovery Judge the

following items: the original Discovery Motion and pro posed order (which shall contain no

reference to the attorney proposing same), Notice of Presenta tion, and the Attorney Certification

of Good Faith required by Phila.Civ.R. *208.2(e). Should all parties fail to appear for the argument,

the court will deem the Discovery Motion moot. The Motion may not be rescheduled but a new

Motion may be sched uled for argument as pr ovided herein. Should all parties other than the

moving party fail to appear, the Court will deem the Motion uncontested and will enter an

appropriate order. Should the moving party fail to appear but one or more responding party appears

pursuant to a Notice of Presentation served by the moving party, the court shall dismiss the Motion

and may, upon the later filing of a mo tion for sanctions, enter monetary sanctions against the

moving party and in favor of the party who appeared.

(D) Response Requirement. Any party opposing the Discovery Motion must respond, orally or in

writing, on the argument date. Any party not opposing a discovery motion need not respond or

appear for the argument.

(E) Disposition of Discovery Motion. On the argument date, the Discovery Judge shall:

(i) enter appropriate orders concerning uncontested motions;

(ii) entertain argument on contested motions and, if no issues of fact are raised, enter an appropriate order; or

(iii) enter an appropriate order providing the procedure the parties are to follow to develop the

record concerning any fact issue raised by the Discovery Motion or Response.

(F) Notice of Entry of Order. If the decision of the Court is issued immediately after the argument

the party presenting the motion sh all send a copy of the order to each attorney of record and

unrepresented party who was not present on the argument date. The court shall send to each

attorney of record and unrepresented party a copy of any order entered on any Discovery Motion

held under advisement at the conclusion of the argument.

Note: Adopted May 20, 2004, effective July 26, 2004. Amended March 9, 2005, effective May 1, 2005.

Rule *208.3(b). Motions Considered After Response Period. Briefs.

(1) Applicability. This rule governs the filing of all motions except the following:

(A) All matters specifically excepted in Pa.R.C.P. 208.1(b);

(B) Assignment to an individual judge. (See Philadelphia Civil Rule *215);

(C) Advancement on the trial list. (See Philadelphia Civil Rule *215);

(D) Arbitration applications. (See Philadelphia Civil Rule 1303.1.)

(E) Motion for approval of settlements where a minor or incapacitated person have an interest.

(See Philadelphia Civil Rule*2039.1.)

(F) Motion for allowance in minors’ cases. (See Philadelphia Civil Rule *2039.2.)

(G) Motion for approval of settlements in wrongful death cases. (See Philadelphia Civil Rule

*2206.)

(H) Motion for Extraordinary Relief (See Trial Division General Court Regulation No. 95-1).

(2) Non-Discovery Motions.

(A) Filing Requirements. All motions other than dis covery motions shall be filed with the Office

of Judicial Records and the requisite fee paid, and shall thereafter be immediately submitted to the

Motion Clerk. All Motions shall be accompanied by the following items in the following order:

(i) A completed Petition/Motion Cover Sheet as provided in Phila.Civ.R. *205.2(b)(2);

(ii) A proposed order, which shall contain no reference to the attorney proposing same;

(iii) A brief or memorandum of law as required by Phila.Civ.R. *210;

(B) Control Number. Response Date. Other than as provided in Phila.Civ.R. *208.3(a) and

except for Summary Judgment Motions (which have a thirty (30) day response period, all

Motions have a twenty (20) day response period. Upon filing, the Motion Clerk shall enter on the

Cover Sheet a unique Control Number which must be used on all Responses, and shall enter the

“Response Date” on or before which all Responses must be filed by any party.

(C) Service Requirements. The moving party shall im mediately serve conformed copies of all

documents filed with the Motion Clerk on all counsel of record and unrepresented parties, as

required by Pa.R.C.P. 440.

(D) Response Requirements. Any party opposing the motion, shall file the following documents

with the Motion Court on or before the Response Date:

(i) A completed Cover Sheet as set forth in Phila. Civ.R. *205.2(b)(2);

(ii) A proposed order, which shall contain no reference to the attorney proposing same;

(iii) The Response to the motion; and

(iv) A brief or memorandum of law as provided in Phila.Civ.R. *210.

(E) Attachments. All Motions shall include copies of all documents or items necessary or relevant

to the disposition of the issues. This shall include the complaint, answer, and reply to new matter.

All such documents or items shall be included or attached and marked as exhibits separately. The

Court may decide any matter against a party who fails to attach to the filing those items sufficient

to enable the Court to determine the matter.

(F) Disputed Issues of Fact. Disputed issues of fact shall be determined as the Court may provide

pursuant to Pa.R.C.P. 208.4(b).

(G) Deadline for Filing Arbitration M otions. Motions shall not be accepted by the Motion Clerk

in cases where an arbitration hearing is scheduled to be held within forty-five (45) days.

Note: Adopted May 20, 2004, effective July 26, 2004; amended March 9, 2005, effective May 1, 2005;

adopted November 15, 2007, effective January 7, 2008. See www.courts.phila.gov/forms for the current

version of the Discovery Argument Request Form and Notice of Presentation.

Rule *210. Brief.

Except for Motions for Extraordinary Relief, all Petitions and Motions shall be accompanied by a

brief or memo randum of law. Briefs or memoranda of law shall be typewrit ten, printed or

otherwise duplicated, and endorsed with the name of the case, the court term and number, and the

name, address, and electronic mail address of the attorney or the party if not represented by an

attorney. Briefs and memoranda of law shall contain 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 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 desired or advocated.

3. Facts: State the operative facts.

4. Argument: State the reason(s) why the court should answer the questions involved as proposed,

including citation of the authorities relied on. An authority shall not be cited for general reference

but in all cases shall be i mmediately preceded or followed by its relevant hold ing or particular

proposition for which it stands.

5. Relief: State the specific action(s) requested of the court.

Note: Adopted May 20, 2004, effective July 26, 2004; amended November 15, 2007, effec tive January 7, 2008.

Rule *212.1 Filing Pre-trial Statements.

(A) Rescinded.

(B) As authorized by Pa.R.Civ.P. No. 212.1(c), pre-trial statements shall be filed as required in a

case’s applicable Program Case Management Order.

Note: Former Rule 206; adopted by Board of Judges, originally Star Rule *212, November 15, 1978, effective

immediately; amended by General Court Regulation 80-11, effective July 1, 1980; further amended by General

Court Regulation 83-4, effective December 5, 1983. Amended May 24, 2000, effec tive July 9, 2000; amended

May 20, 2010, effective immediately.

Rule *212.2 Sanctions for Failure to Settle.

Rescinded February 28, 2017. See President Judge General Court Regulation No. 201-701. Published in the

Pennsylvania Bulletin on March 18, 2017.

Rule *212.3 Pre-Trial and Settlement Conferences.

(A) The court, in its Program Case Management Orders scheduling pre-trial or settlement

conferences pursuant to Pa.R.Civ.P. No. 212.3, may order anyone with a fi nancial interest in the

outcome of a case to be personal ly present at the pre-trial or settlement conference. Fail ure of

anyone with a financial interest in the outcome of a case to appear may result in the imposition of

sanctions against such party, or other entity. The cour t, upon appropriate request of counsel, may

for good cause permit a party or representative to appear by telephone rather than in person.

(B) In non-jury cases, the Trial Judge shall not enter into settlement negotiations without the

consent of the parties and may refuse to enter into settlement negotiations even if the parties

consent to such participation. In such a case, if the parties wish to pursue settlement negotiations

with a judge, arrangements may be made to find a judge agreeable to all parties to serve as a

settlement conference judge.

(C) From time to time, a judge may recommend a settle ment amount, and a party may make a

settlement demand or offer. Any settlement amount, demand or offer made shall be communicated

forthwith to the client by his, her or its counsel.

Note: Former Rule 171; originally Star Rule *229A, adopted November 15, 1978, effective immediately. Amended November

18, 2010, effective January 2 4, 2011, by adding the content of former Philadelphia Civil Rule *229.1 titled “Settlement

Recommendations, Demands and Offers” in its entirety to Subsection (C).

Rule *215 Assignment of Cases in the Trial Division.

A. All cases filed in the Trial Division of the Court of Com mon Pleas shall be listed for trial in

accordance with those management procedures in effect for the program to which a case is

assigned.

(1) Arbitration Cases. All cases which when filed are subject to compulsory arbitration under

Philadelphia Civil Rule *1301 shall be assigned a hearing date and time upon commencement

on the face of the initial filing.

(2) Major Jury Cases. All jury cases, other than Arbi tration Appeals and Mass Tort matters,

shall be listed for trial by the Judicial Team Leader for that Program to which a given case is

assigned in accordance with the pertinent Case Management Order. Protracted and complex

cases will be listed for dates certain. Those cases classified standard and expedited typically

will be assigned to a trial pool for a given pool month within the appropriate pro gram. The

pool months begin on the first Monday of each month.

Whether a given case is assigned a date certain or a pool month date is within the sound

discretion of the Program Team Leader (or his or her designee).

(3) Non Jury Cases. All Non Jury cases will be desig nated as either Commerce Program or

Non Jury Program cases. Commerce Program cases will be listed for trial at a status conference

by the Supervising Judge of the non Jury Program, located at the Complex Litigation Center.

(4) Mass Tort Cases. All Mass Tort cases shall be listed for trial by the Supervising Judge of

the Mass Tort Program, located at the Complex Litigation Center.

(5) Arbitration Appeal Cases. All Arbitration Appeal cases s hall be listed for trial by the

Supervising Judge at the Complex Litigation Center in a monthly trial pool in accordance with

a Case Management Order. The pool month begins on the first Monday of each month.

B. Jury Trial Requests.

(1) Upon commencemen t of an action, the plaintiff shall pay the non jury listing fee, or if a

jury trial is initially demanded, the jury listing fee.

(2) Thereafter, a jury trial may be demanded and per fected in accordance with Philadelphia

Civil Rule *1007.1.

(3) Payment of a jury fee will determine the case pro gram assignment, except in those cases

seeking eq uitable relief which shall be in either the Commerce Program or the Non Jury

Program.

Comment: This *Rule has been completely rewritten to comport with the principles of differentiated case management and the assignment

of cases by program. Counsel are advised to consult, where appropriate, the following General Court Regulations and Administrative

Orders: