Westmoreland Cnty. C.P. Civil Rules 6

make the rule absolute in accordance with Rule W208.3(a).

Adopted May 10, 2004, effective July 26, 2004.

RULE W208.2(c) MOTIONS. STATEMENT OF APPLICABLE AUTHORITY

All motions shall contain a specific citation to relevant constitutional provisions, case

law, statutes, regulations, Rules of Court or other applicable legal authority that permit the court

to grant the relief requested.

Adopted May 10, 2004, effective July 26, 2004.

RULE W208.2(d) MOTIONS WITH CONSENT OR NO CONTEST

(1) All uncontested motions, or motions to which the consent of all parties has been

obtained, must be accompanied by a certificate stating that

(a) a copy of the motion and any proposed Order has been served on every other

party or attorney of record at least 4 days in advance of the date when the

presentation is to occur,

(b) written notice of the time, date and location for presentation was given at the

time the motion and any proposed Order was served, and

(c) the motion is in fact uncontested or has the consent of all parties.

(2) Failure to comply with the foregoing shall result in the refusal of the court to hear the

motion.

Adopted May 10, 2004, effective July 26, 2004.

RULE W208.2(e) MOTIONS. DISCOVERY

(1) All motions relating to discovery shall include a certificate signed by counsel for the

moving party that counsel for that party has conferred or attempted to confer with all

interested parties in order to resolve the matter without court action, and shall set forth

the nature of the efforts made to resolve the matter.

(2) Failure to comply with the foregoing shall result in the refusal of the court to hear the

motion.

Adopted May 10, 2004, effective July 26, 2004.

RULE W208.3(a) MOTIONS PROCEDURE

(1) The trial judge assigned to a specific case will hear all motions or petitions relating to

that case. Motions Court shall be held each Friday at 9:00 A.M.

(2) Argument on contested motions will be heard in Motions Court. The moving party shall

serve a copy of the motion and any proposed Order on every other party or attorney of

record and give written notice of the time, date and location for presentation, at least 4

days in advance of the date when the presentation is to occur. The motion must be

accompanied by a certificate stating that a copy of the motion, proposed Order and

written notice has been so furnished. Failure to provide such certificate shall result in the

court’s refusal to hear the motion.

(3) Uncontested motions or motions to which the consent of all parties has been obtained

shall be presented in accordance with Rule W208.2(d), and may be presented at

Motions Court or in chambers at any time convenient to the court.

Note: Counsel is expected to appear for Motions Court promptly by 9:00 A.M. It is

anticipated that all motions should be heard by 10:00 A.M. If, upon presentation of the

motion, the Court determines that extended argument is required, the court shall

specially set a time for argument.

(4) Emergency motions in civil matters may be presented at a time prearranged with the

court. In emergency matters, the moving party must give telephone notice to every other

party or attorney of record prior to presenting the motion, and shall, at the time of

presentation of same, provide to the Court a certificate describing what notice was given.

Failure to provide such certificate may result in the court’s refusal to hear the motion.

Adopted May 10, 2004, effective July 26, 2004.

RULE W210 FORM OF BRIEFS

(a) The Brief of the moving party shall contain a statement of the case, a statement of the

issues involved, the argument, and a short conclusion stating the precise relief sought.

(b) The Brief of the responding party need only contain argument.

(c) A copy of a Brief shall be served on every other party or attorney of record on the same

day it is filed. A copy of a Brief shall be delivered or mailed to the chambers of the judge

assigned to the case.

Rescinded May 10, 2004; New Rule W210 adopted May 10, 2004, effective July 26, 2004.

Note: Rule W211 was rescinded effective July 26, 2004.

RULE W212.1 CERTIFICATION OF READINESS FOR TRIAL. TIME FOR

COMPLETING DISCOVERY AND FILING PRE-TRIAL

STATEMENT

(a) Any party may file a certificate with the Prothonotary that the case is ready for

trial. A copy of the certification found in the Forms section of these rules shall be served

on the judge assigned to the case, on the Court Administrator and on all other parties or

their counsel. Service shall be made at least twenty (20) days prior to the filing of the

certificate.

(b) Any party objecting to a Certificate of Readiness shall do so by filing and serving

Objections within ten (10) days of service of the Certificate of Readiness. Objections

shall be presented at Motions Court after four days' notice to all other parties or their

counsel, and after providing a courtesy copy to the Court.

(c) The term “ready for trial” means that:

(1) The pleadings are closed;

(2) Witnesses are presently available to appear at trial; and

(3) Discovery is complete, except for those depositions to be taken solely for the

purpose of being presented at trial, such as the depositions of expert witnesses.

(d) Upon receipt of the certification of readiness, the judge assigned to the case shall issue an

Order addressing the following matters:

(1) When Pre-Trial Statements shall be due pursuant to Pa.R.C.P. 212.1(c)(2), which

dates shall be set prior to the Pre-Trial Conference.

(2) The date of the Pre-Trial Conference pursuant to Pa.R.C.P. 212.3.

(3) Such other matters that may aid in the disposition of the case.

Rescinded November 2, 2006; New Rule W212.1 adopted November 2, 2006, effective January 1,

2007. Rescinded August 12, 2015, New Rule W212.1 adopted August 12, 2015 effective November

1, 2015.

RULE W212.3 PRE-TRIAL CONFERENCE.

(a) In addition to those matters for consideration at the Pre-Trial Conference held pursuant

to Pa.R.C.P. 212.3, the court shall place the case on a civil court Jury Trial List, or set the

date for the trial of a case without a jury.

(b) An Order shall be entered following the pre-trial conference pursuant to Pa.R.C.P.

212.3(b). A copy of the Order shall be provided to the Court Administrator.

(c) The Court Administrator shall place each case to be tried by a jury on a Jury Trial List for

each civil court judge. The Jury Trial Lists will be posted on the Westmoreland County

Web Site at www.co.westmoreland.pa.us.

Note: Beginning with the January, 2015 Jury Trial List, copies will no longer be mailed to

litigants and attorneys.

(d) Each civil court judge shall call his Jury Trial List during the week proceeding the first

week of the civil jury trial period. All attorneys responsible for trial shall be represented

at the call, and shall advise the court of the approximate length of the trial and disclose

any other relevant matters.

(e) The cases placed on the Trial List shall be continued only on the grounds and under the

procedures set forth in Pa.R.C.P. 216. Applications for continuance shall be presented at

Motions Court at least ten (10) days prior to the call of the Trial List. At the call of the

Trial List or at any time thereafter, continuances will be granted only for the most

compelling reasons; the need to schedule depositions shall not in itself be a compelling

reason.

Note: Rule W212.3 replaces the former rule of the same number entitled “Settlement

Conference.”

Rescinded May 10, 2004; New Rule W212.3 adopted May 10, 2004, effective July 26, 2004. Rule

W212.3(c) rescinded September 18, 2014; New Rule W212.3(c) and its associated Note adopted

September 18, 2014, effective November 3, 2014.

Note: Rule W214 was rescinded effective December 16, 1997.

RULE W227.1 POST-TRIAL RELIEF

(a) Requirements for Filing and Service of Motion for Post-Trial Relief at the Office of the

Prothonotary.

(1) The original Motion for Post-Trial Relief should be filed at the Office of the

Prothonotary.

NOTE: Pursuant to Pa.R.C.P. 227.1(c), Motions for Post-Trial Relief must be filed within

ten (10) days after verdict, etc.

NOTE: Post-Trial motions shall comply with Pa.R.C.P. 227.3 concerning the request for

a transcript and objections thereto. See Pa.R.J.A. 5005.5, et seq., regarding the

request for transcript and payment of the transcript fee.

(2) At the same time the Motion for Post-Trial Relief is being filed with or mailed to

the Prothonotary, the moving party shall present or mail a copy of the Motion for

Post-Trial Relief to the chambers of the judge assigned to the case. The judge

assigned to the case shall prepare a Scheduling Order for oral argument, file the

original Order, and give or mail a copy of that Order to the moving party. Within

three (3) days of receipt of the Scheduling Order from the judge assigned to the

case, the moving party shall serve copies of the Scheduling Order on every other

party or attorney of record, shall file with the Prothonotary a certificate of

service of the Scheduling Order and shall mail or deliver a copy of the certificate

of service to the judge assigned to the case.

NOTE: The oral argument should be scheduled on the date set for argument court in the

second month following the month in which the verdict or decision was

rendered.

(3) Within three (3) days of filing the Motion for Post-Trial Relief, the moving party

shall serve every other party or attorney of record with a copy of the Motion for

Post-Trial Relief, shall file with the Prothonotary a certificate of service of the

Motion for Post-Trial Relief and shall mail or deliver a copy of the certificate of

service to the judge assigned to the case.

(b) Filing and Service Requirements for Briefs in Support and in Opposition of the Motion

for Post-Trial Relief

(1) The moving party shall file a Brief in Support with the Prothonotary within

twenty (20) days of filing the Post-Trial Motion, unless the court shall otherwise

establish the briefing schedule. Any other party may file a Brief in Opposition

within twenty (20) days after service of the moving party’s brief.

(2) Within three (3) days of filing the Brief, the writer shall serve a copy of the Brief

on every other party or attorney of record and shall mail or deliver a copy of the

Brief to the chambers of the judge assigned to the case. The writer shall file a

certificate of service with the Prothonotary, and shall mail or deliver a copy of

the certificate of service to the chambers of the judge assigned to the case on the

same day the certificate of service is filed.

(c) Sanctions

(1) Failure of the moving party to comply with the requirements of this rule shall

result in the dismissal of the Motion.

(2) If a non-moving party shall fail to comply with the requirements of this rule, the

party shall not be permitted to present any oral argument.

Rescinded May 10, 2004; New Rule W227.1 adopted May 10, 2004, effective July 26, 2004.

Note: Rule W227.2 was rescinded effective July 26, 2004.

Note: Rule W227.3 was rescinded effective March 27, 1995.

RULE W229 DISCONTINUANCE

(a) All costs of the Prothonotary and Sheriff shall be paid before discontinuance is accepted

by the Prothonotary.

(b) The Prothonotary shall promptly give notice of the case’s final termination to the

Westmoreland County Court Administrator and to the assigned Judge when the case is

discontinued.

Rescinded May 10, 2004; New Rule W229 adopted May 10, 2004, effective July 26, 2004.

RULE W260 IMPOUNDING MENTAL HEALTH FILES

The Prothonotary shall docket each action filed under the Mental Health Procedure Act

of 1966, and impound the file and all papers contained therein. The Prothonotary shall permit an

inspection of the case file only pursuant to an order of court or upon request of the counsel for

the party involved.

Adopted December 16, 1993, effective April 1, 1994.

RULE W261 RECORDS

(a) The Court Administrator and members of a judge’s staff may remove records from the

Prothonotary’s office for official court business. In addition, referees, auditors, masters,

attorneys and other similar officers appointed by the court shall have authority to

remove records from the Prothonotary’s office. All such records shall be returned within

three months after their taking unless the court authorizes a longer retention.

(b) Except as provided in section (a), no record shall be removed from the Prothonotary’s

office except upon subpoena duces tecum or Order of court.

Adopted May 10, 2004, effective July 26, 2004.

Note: Rule W270 was renumbered W1270 August 31, 2000.

RULE W300 BROADCASTING, TELEVISING, PHOTOGRAPHS

There shall be no broadcasting, televising, recording or the taking of photographs in the

courtroom and areas immediately adjacent thereto during sessions of court or recesses between

sessions, except that the court may authorize:

(a) The use of electronic or photographic means for the presentation of evidence, for the

perpetuation of a record, or for other purposes of judicial administration;

(b) The broadcasting, televising, recording, or photographing of investiture, ceremonial, or

naturalization proceedings;

(c) The photographic or electronic recording and reproduction of appropriate court

proceedings under the following conditions:

(1) The means of recording will not distract participants or impair the dignity of the

proceedings; and

(2) The parties have consented, and the consent to being depicted or recorded has

been obtained from each witness appearing in the recording and reproductions;

and

(3) The reproduction will not be exhibited until after the proceeding has been

concluded and all direct appeals have been exhausted; and

(4) The reproduction will be exhibited only for instructional purposes in

educational institutions.

Adopted December 16, 1993, effective April 1, 1994.

RULE W405 SHERIFF’S RETURN

(a) After successful service, the sheriff shall mail to the attorney requesting service a

notification upon which the sheriff shall indicate the date, place and time of service and

the person upon whom service was made, and in a case of service upon a corporation, the

capacity of the person upon whom service was made.

(b) After an unsuccessful attempt at service, the sheriff shall mail to the attorney requesting

service a notification upon which the sheriff shall indicate the means by which service

was attempted and the date on which the attempt was made.

Adopted December 16, 1993, effective April 1, 1994.

RULE W430 LEGAL PERIODICAL

The Westmoreland Law Journal shall be the legal periodical for the publication of all notices.

Adopted December 16, 1993, effective April 1, 1994.

RULE W609 BILL OF COSTS

(a) A bill of costs listing those items sought to be recovered as record costs must be filed

with the Prothonotary, within ten days of:

(1) the entry of a jury verdict;

(2) a final order, decree, or verdict of a judge sitting without a jury; or

(3) the day on which the Prothonotary makes the notation on the docket, pursuant

to Pa.R.C.P. 1307(a)(3), that Notice of any Award including record costs has

been mailed.

(b) A certificate that a copy of the bill of costs has been served on the opposing party or that

party’s counsel of record shall be filed with the bill of costs.

(c) Objections to items or amounts listed in the bill of costs must be filed by the opposing

party or that party’s counsel of record within 10 days of receipt of a copy of the bill of

costs, in which event the trial judge, or judge assigned by the court administrator, shall

enter an order specifying which costs are allowable.

COMMENT: See: Zelenak v. Mikula, 911 A. 2d. 542 (Pa. Super. 2006) as to what is

included in record costs.

Absent an agreement between counsel regarding the payment of record costs,

the court has no authority to award costs to either party upon settlement.

Mancine v. Bilesimo. Jr., 69 W.L.J. 145, 146 n.1 (1987).

With regard to recovery of cost in an arbitration case, see Sillings v. Protected Home

Mutual Life Ins. Co., 84 W.L.J. 7 (2001).

Rescinded December 3, 2007; New Rule W609 adopted December 3, 2007, effective January 21,

2008.

Note: Rule W611 was rescinded effective July 26, 2004.

ACTIONS AT LAW

Note: Rule W1007 was rescinded effective July 26, 2004.

RULE W1007.1 JURY TRIAL; DEMAND; WAIVER

(a) The party demanding a jury trial shall place on the pleading or other paper in which the

demand is made, the words “JURY TRIAL DEMANDED,” immediately below the docket

number in the caption of the pleading or other paper.

(b) The appellant in an arbitration appeal must indicate on the notice of appeal whether any

party has previously demanded a jury trial or whether the appellant demands a jury trial

through the appeal process. A copy of any written demand for a jury trial by the appellee

must be served on the court administrator and the assigned judge.

Adopted December 16, 1993, effective April 1, 1994.

Note: Rule W1012 was rescinded effective July 26, 2004.

Note: Rule W1017.1 was repealed effective April 3, 1995.

Rule W1012. Limited Entry of Appearance for Pro Bono Representation.

(a) Attorneys who represent a client or clients pro bono through the Westmoreland

County Pro Bono program may file a praecipe for entry of limited appearance which

shall be in the form set forth in subparagraph (b) below and which shall be served

upon all parties to the action as provided by Pennsylvania Rule of Civil Procedure

440(a)(1) and which shall set forth clearly the limitation of the attorney's

representation. The limited entry of appearance shall be accompanied by a Praecipe

to Proceed In Forma Pauperis, including certification by the representing attorney,

as is required by Pennsylvania Rule of Civil Procedure 240(d)(1). The fee for filing

the limited entry of appearance shall be waived.

(b) The praecipe for entry of limited appearance shall be in the following form:

CAPTION

PRAECIPE FOR ENTRY OF LIMITED APPEARANCE

To the Prothonotary:

Kindly enter my Limited Appearance for [Plaintiff's/Defendant's Name], in the above-captioned

matter. I hereby certify that I have accepted the representation of

_____________________[Plaintiff's/Defendant's name] and that I am accepting no fee for my services

and my appearance is limited to [providing representation on the ____________________ filed in the

above matter - or - at the custody conference scheduled for __________ in the above matter - or

other specified scope of representation as the circumstances dictate].

Upon completion of the representation as set forth above and consisted with Westmoreland

County Rule of Civil Procedure 1012(c), I may withdraw my appearance without further petition

or order of court.

_______________________________/s/

[Name of attorney]

Attorney for Plaintiff/Defendant

Address

Telephone number

Supreme Court ID:

(c) Upon completion of representation, the attorney shall file a praecipe for withdrawal of

limited appearance. The praecipe for withdrawal of appearance shall be served upon all parties

and the assigned judge and any fee for filing such withdrawal shall be waived. The praecipe for

withdrawal of appearance may be filed without leave of court and shall be in the form set forth

below:

CAPTION

PRAECIPE FOR WITHDRAWAL OF LIMITED APPEARANCE

To the Prothonotary: Kindly withdraw my Limited Appearance for [Plaintiff/Defendant] in the

above-captioned matter. I hereby certify that I have completed all my duties as set forth in my

limited entry of appearance filed on ____________.

I further certify that I have notified all parties and the assigned judge of my withdrawal.

Any further notices or communications shall be sent directly to the Plaintiff/Defendant at the

following address:

Plaintiff/Defendant's Name

Address:

Telephone number:

By:___[Attorney signature]_____

Attorney's name

Attorney for Plaintiff/Defendant

Address

Telephone number

Supreme Court ID:

DATE:

New Rule Adopted March 17, 2021, effective May 17, 2021.

RULE W1018 CAPTION

The caption for all matters filed in Divorce, Support, Custody, Partial Custody,

Visitation, Asbestos and Medical Professional Liability shall be as follows:

(a) The caption in Divorce matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

CIVIL ACTION – DIVORCE

(b) The caption in Support matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

CIVIL ACTION – SUPPORT

(c) The caption in Custody, Partial Custody or Visitation matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

CIVIL ACTION – CUSTODY

(d) The caption in Asbestos matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

CIVIL ACTION – ASBESTOS

(e) The caption in Medical Professional Liability matters shall be:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

CIVIL ACTION – MEDICAL PROFESSIONAL LIABILITY ACTION

Rescinded November 14, 2005; New Rule W1018 adopted November 14, 2005, effective January 2,

2006.

RULE W1018.1 NOTICE TO DEFEND

The Lawyer Referral Service of the Westmoreland Bar Association is the agency to be

named in the notice to defend from which legal help can be obtained. The contact information is:

Lawyer Referral Service

Westmoreland Bar Association

P.O. Box 565

Greensburg, PA 15601

(724) 834-8490

http://lrs.westbar.org

Rescinded June 23, 2009; New Rule W1018.1 adopted June 23, 2009, effective August 17, 2009.

Note: A Complaint filed in an Arbitration case shall contain a Notice of Duty to Appear at

Arbitration Hearing immediately following the Notice to Defend. See Rule 1301

RULE W1021 AD DAMNUM CLAUSE

The ad damnum clause in any pleading shall state whether the damages are less than the

maximum amount for compulsory arbitration (see Westmoreland County Rule of Civil

Procedure W1301) set by this court.

Adopted December 16, 1993, effective April 1, 1994.

Note: Rule W1028 was rescinded effective July 26, 2004.

RULE W1028(c) PRELIMINARY OBJECTIONS

(1) Requirements for Filing and Service of Preliminary Objections at the Office of the

Prothonotary

(a) At the same time the Preliminary Objections are being filed with or mailed to the

Prothonotary, the filing party, i.e., the objecting party, shall present or mail a

copy of the Preliminary Objections to the chambers of the judge assigned to the

case.

Note: Preliminary Objections seeking relief pursuant to Pa.R.C.P. 1028(a)(1), (5), (6),