Sch. Cnty. Pa. 205.2(b)

As amended through February 1, 2024
Rule 205.2(b) - FILING LEGAL PAPERS PRAECIPE TO TRANSMIT

All filings which require action by a judge or an assignment by the Court Administrator shall be accompanied by a praecipe to transmit on Prothonotary Form 205.2(b), and shall indicate the nature of the filing and what action is being sought to move the matter forward. The purpose of the praecipe is to advise the Court of what may be necessary for a disposition (i.e. when a hearing is required; when a matter is ripe for disposition on the record; matters that can be immediately addressed) and to expedite action on the filing. When a non-jury trial or a hearing involving witnesses is being requested, then the moving party shall list the witnesses to be presented and include an estimate as to the time required to present the case. In matters requiring a non-jury trial or hearing, opposing counsel is required to submit a report in WRITING to the Court Administrator within ten (10) days of the moving party's filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case. Failure to file the praecipe to transmit or to indicate what action is required from the Court may result in denial of the relief sought. Failure to list witnesses may result in the preclusion of their testimony.

FORM OF PRAECIPE TO TRANSMIT.

Pursuant to this Rule, the Praecipe to Transmit shall be in the following form:

(CAPTION)

PRAECIPE FOR CERTIFICATION - PROTHONOTARY FORM 205.2(b)

TO: THE PROTHONOTARY: Transmit the attached filing to the Court Administrator for Assignment to a Judge. The nature of the filing and requested action is as follows:

___ Jury Trial - (Complete Certificate of Readiness)

___ Non-Jury Trial - Any matter dispositive of the case e.g.:

( ) Equity Actions; ( ) Tax Appeals; ( ) Summary Appeals;

( ) Name Change Actions; ( ) Permanent Injunctions;

( ) Other _______________________(specify)

I estimate it will require ____hours to present the plaintiff's/defendant's case and I will present only the following witnesses for testimony:

________________________________________

________________________________________

___ Petition pursuant to Pa.R.C.P. 206.1 requesting ( ) Issuance of Rule to Show Cause; ( ) Transfer to Court for disposition, no answer having been filed; ( ) Transfer to Court for disposition, contested matter and fact finding complete or unnecessary; ( ) Other ____________(specify)

Issue that can be decided on the record and briefs, being:

( ) Gov't Appeal; ( ) Exceptions; ( ) Judgment on the Pleadings; ( ) Summary Judgment;

( ) Other __________________________(specify)

Issue that can be assigned for immediate action, being:

( ) Stipulation; ( ) Uncontested Motion; ( ) Motion for Appointment; ( ) Quiet Title Motion;

( ) Other ___________________________(specify)

___ Contested Motion (Memo Attached), being:

( ) Discovery Motion; ( ) Other ___________(specify)

___ Transmit to Custody Officer. Reason: _____________

(If hearing is required, complete the time and witness portion of this form.)

___ Hearing required/requested. Reason for Hearing: _______

( ) Special Relief; ( ) Contempt Petition; ( ) Preliminary

Injunction; ( ) Other ______________________(specify)

I estimate it will require ____hours to present the plaintiff's/defendant's case and I will present only the following witnesses for testimony:

___________________________________________

___________________________________________

___________________________

Attorney for Plaintiffs

Date: _________________

For Defendant: ____________________

For Plaintiff: ______________________

Notice: In matters requiring a non-jury trial or hearing, opposing counsel is required to submit a report in WRITING to the Court Administrator within 10 days, (1) listing the names of the witnesses they will use at the hearing; and (2) an estimate of the time required to present their case.

Sch. Cnty. Pa. 205.2(b)

Amended effective 3/1/2021; revised 2/23/2022; amended effective 2/1/2024.