Union Cnty. C.P. Local Rules 2

to the health, safety, or welfare of the child.

B. New Cases with a Petition for Emergency Special Relief

1. The Petition for E m e r g e n c y Special Relief must be presented as a separate

document titled "Petition for Emergency Special Relief." The petition must allege

facts which specify the clear and present danger to the welfare of the child(ren). If the

Special Relief does not warrant emergency relief, then a custody conference will be

scheduled with the Custody Conference Officer.

2. The Petition for Emergency Special Relief shall be filed with the Prothonotary

simultaneously with the Custody Complaint. The Emergency Petition for Custody must

be a separate document apart from the Custody Complaint.

C. Existing Cases – No Change Requested To Existing Custody Order And No Violation Of

Existing Custody Order

1. The Petition for Special Relief or Emergency Petition for Custody shall be filed with

the Prothonotary.

2. The Judge shall review the filing and either schedule a hearing, enter an Order, or

direct the matter be assigned to the Custody Conference Officer with the goal of reaching

a resolution at the conference.

D. Existing Cases – Modification Of Existing Custody Order Requested Or Contempt Of

Existing Custody Order

The Petition for Emergency Special Relief shall be filed with the Prothonotary

simultaneously with the Petition for Modification or Petition for Contempt. The

Emergency Petition for Special Relief must be a separate document apart from the

Petition for Modification or Petition for Contempt.

E. Should a significant change in circumstances arise after entry of an Interim Order and

before the pre-trial conference necessitating a modification of the Interim Order, which

modification cannot be amicably agreed upon pending the pretrial conference, either

party may file a Petition for S p e c i a l R e l i e f of the Interim Order, setting forth

all pertinent facts in support thereof or verified by the filing party. See R.C.P.

1915.13.

17CV1940.5. Duties of the Mediator.

(a). All mediation communications and mediation documents, as those terms are defined

in 42 Pa.C.S.A. §5949, are privileged.

(b). No party, mediator, or other person who participates in mediation may be called as a

witness, or otherwise compelled to reveal any matter disclosed in mediation.

17CV5102 Custody of Exhibits.

(a) Scope. Local rule 5102 is hereby issued to align the practice and procedure in the Court

of Common Pleas for the 17th Judicial District with Pa.R.J.A. 5101 – 5105. These local

rules incorporate the terms of art and their definitions as set forth in Pa.R.J.A. 5101(a).

These local rules do not apply to any record hearing which may be appealed de novo to

the Court of Common Pleas or upon which exceptions or objections can be filed to the

Court of Common Pleas.

(b) Custodian. The proponent of any exhibit being offered into evidence shall be its

custodian. The custodian is responsible for safeguarding and maintaining the exhibit(s)

until the conclusion of the proceedings.

(c) Format of Exhibits. The custodian shall ensure that the format of an exhibit, including

size and material, is compatible with the records office’s ability to maintain and retrieve

it. This includes the following: (i) offering as an exhibit an 8 ½ by 11 inch copy of any

oversized (larger than 8 ½ by 11 inches) documentary evidence; (ii) offering as an exhibit

copies of any voluminous documentary evidence on a digital storage device; and (iii)

offering any digital media (e.g., video and/or audio recordings) as an exhibit on a digital

storage device in a format that uses publicly available software for retrieval, or includes

any propriety software necessary for retrieval.

(d) Submission to the Court. Unless instructed otherwise by the presiding judge, the

custodian shall submit any exhibits to the Court at the conclusion of the court proceeding

in order to ensure that the exhibits are filed with the records office for incorporation into

the docket within the next five business days. The custodian shall submit to the Court a

numbered list of exhibits offered into evidence that includes the following: (i) a textual

description or identification of each exhibit; and (ii) whether the exhibit was admitted

into or rejected from evidence by the Court.

(e) Retention by the Custodian. Unless instructed otherwise by the presiding judge, the

custodian shall retain custody after the conclusion of court proceedings of the following:

(i) non-documentary evidence (i.e., physical evidence including, but not limited to,

clothing, weapons, cash or other items of value, drugs, and dangerous or biohazardous

materials); or (ii) evidence that is bulky, oversized or otherwise impractical for the

records office to store/maintain. In such cases, the custodian shall ensure that a

photograph (no larger than 8 ½ by 11 inches) of such evidence is offered as an exhibit

and included in the index of exhibits.

CRIMINAL LOCAL RULES

17CR106 CONTINUANCES

17CR106.1 Written Motion

A Motion for Continuance shall be in writing, unless exceptional circumstances

prevent a written motion. All motions averring facts not of records shall be verified.

Before filing a written Motion for Continuance or making an oral motion for continuance

every reasonable effort shall be made to notify and seek the agreement of all interested

parties. A Motion for Continuance shall be made as soon as possible after the

circumstances necessitating the request become known to the moving party.

17CR106.2 Form of Motion

All requests for continuances shall be on forms provided by the Court Administrator,

under the Court section of each county’s website. Visit: www.snydercounty.org or

www.unioncountypa.org.

17CR117 COVERAGE: ISSUING WARRANTS; PRELIMINARY ARRAIGNMENTS

AND SUMMARY TRIALS; AND SETTING AND ACCEPTING BAIL

1. Magisterial District Judge offices shall be open to meet the needs of the

public and the court for regular business on Mondays through Fridays, excluding

holidays, during hours established by Order of the President Judge.

2. Continuous coverage for the issuance of search warrants and arrest

warrants, the holding of preliminary arraignments and summary trials, the setting and

accepting of bail and collateral, and the accepting of complaints shall be by the traditional

on-call system as presently established. The President Judge shall establish the schedule

of assignment of Magisterial District Judges to on-call duty.