1.1. Powers of Judges

Any judge of an Orphans' Court Division, whether or not it consists of more than one judge, may hear and determine all matters jurisdiction of which is exercised through the Orphans' Court Division.

1.2. Local Rules

The Orphans' Courts of the several judicial districts of this Commonwealth may adopt local rules regulating practice and procedure, but such rules shall not be inconsistent with any rule adopted by the Supreme Court of this Commonwealth or any Act of Assembly regulating the practice and procedure in the Orphans' Courts of this Commonwealth.

Local Rule 1.2:1 Argument Court.

1. Time -- Argument Court shall be held at 10:00 a.m. on the first Monday of each month unless otherwise specially ordered by the Court in any particular case.
2. Listing and Notice thereof -- All cases for argument shall be placed on the Argument List at least thirty (30) days prior to the argument by praecipe to the Clerk. A copy of the praecipe ordering the case on the Argument List shall be sent to the opposing counsel and to the Court Administrator by the party placing the case on the Argument List, which praecipe shall include the name of the opposing counsel and whether the matter listed requires the taking of testimony.
3. Scheduling -- The Court Administrator shall give notice to all counsel that the case has been placed on the Argument List and said notice shall contain the date upon which argument will be held. The Argument List shall also be published in the Mercer County Law Journal prior to argument.
4. Briefs -- At least fifteen (15) days before the date of Argument Court, it shall be the duty of counsel for the rule or motion, or petitioner, exceptant or party filing preliminary objections, or who has the affirmative, to serve on adverse counsel a typewritten brief on paper 8 ½ inches by 11 inches in size, double spaced, except for quotations containing a concise statement of the relevant facts, the questions involved, the argument, and the authorities relied upon. Counsel for the adverse party may prepare a brief which need only contain an argument and authorities relied upon, but counsel may add a counter statement of the facts, and a counter statement of the questions involved. Unless he does so, however, it will be assumed he is satisfied with them or such parts of them as remained unchallenged. At least five (5) days before Argument Court, counsel shall serve a copy of the reply brief upon opposing counsel, and copies of both briefs shall be delivered to the Court Administrator at least five (5) days before Argument Court. If either party fails to file a brief in accordance with these Local Rules, the Court shall dispose of the argument without his brief.

Local Rule 1.2:2 Attorneys.

The Local Rules of Civil Procedure of the Court of Common Pleas of Mercer County relating to the admission and conduct of attorneys are adopted as the Rules for the Orphans' Court Division of this County.

Local Rule 1.2:3 Costs.

When not otherwise regulated by law, the Court will allocate costs in such manner as it deems equitable.

Local Rule 1.2:4 Acknowledgement and Satisfaction.

Acknowledgement of satisfaction of all sums of money or property ordered to be paid or delivered by any award or decree of this Court shall be in writing and filed with the Clerk, or acknowledged in such other manner as the Court may require.

Local Rule 1.2:5 Petitions to Enforce Compliance.

Any party in interest may petition the Court for an order to enforce compliance with the provisions of a decree or an adjudication. A copy of such order shall be served upon the respondent personally no less than ten (10) days before the date designated therein for payment or delivery. If a party fails to comply with the order, the other party may petition the Court for an appropriate writ to enforce compliance therewith.

Local Rule 1.2:6 Certificates of Fiduciary Appointment.

The Clerk shall not issue a certificate of appointment of any fiduciary until the security, if any required, has been entered.

Local Rule 1.2:7 Witnesses. Attachment.

Attachment to compel the appearance of a witness will not be issued, except under special circumstances, unless the witness shall have been served with a subpoena at least twenty-four (24) hours before the date for hearing .

Local Rule 1.2:8 Individual Sureties.

1. Application for Approval. Justification for Surety -- Except as otherwise provided by paragraph (b) of this Local Rule, an application for the approval of an individual surety shall be accompanied by a justification of surety, in affidavit form, of the proposed surety, setting forth:
   1. his name, residence address;
   2. location of the real property owned by him;
   3. a brief description of the real estate and what it consists of;
   4. how, or from whom, the real estate was obtained and when obtained;
   5. that the surety or sureties do not contemplate selling of said property;
   6. the encumbrance upon the real property;
   7. the assessed value of the property for taxation purposes;
   8. a certification of the value of the said property.
2. Bond Without Surety. Confession of Judgment--The Court, in its discretion, may permit a party in interest to execute his individual bond, without surety. When a party in interest is authorized to execute his individual bond or individual surety is approved, the Court may direct that the bond to be executed contain a warrant of attorney to confess judgment, with or without default, and that judgment thereon be entered of record in the Office of the Prothonotary.

Local Rule 1.2:9 Corporate Sureties.

1. In General -- Surety companies duly authorized to do business in this Commonwealth may become surety on any bond or obligation required to be filed in Court.
2. Exceptions -- except where required by statute or for special cause shown, a bond will not be required of an approved corporate fiduciary.

Local Rule 1.2:10 Assets and Investments.

1. Segregation and Designation of Assets -- Assets held by individual fiduciaries subject to the jurisdiction of the Court shall be kept separate and apart from their individual assets and, except where otherwise permitted by Act of Assembly, shall be held in the name of the fiduciary as such .
2. Deposit of Uninvested Funds -- All funds held uninvested shall be deposited in a bank or banks, or trust company or trust companies, the deposits of which are insured by the Federal Deposit Insurance Corporation in such manner as to obtain the maximum deposit insurance coverage.

Local Rule 1.2:11 Court Depository.

1. Official Depository -- The Court will, from time to time, designate a banking institution as the official depository of the Court.
2. Deposits -- Moneys and securities paid or delivered into the Court shall immediately, upon the receipt thereof by the Clerk, be deposited by him with the Court depository or to the credit of the proper estate or proceeding. The depository shall keep separate accounts for each payment and delivery and designate each by name of the proper estate or proceedings.
3. Withdrawal Orders -- No money shall be paid or delivered by such depository except upon the check or order of the Clerk, countersigned by a Judge of the Court, and accompanied by a certificate endorsed on the check or order, under the hand of the Clerk and the seal of the Court, that the money or property was ordered to be paid or delivered.
4. Accounting by Clerk -- In January of each year, or at such other times as the Court may direct, the Clerk shall have his bank or deposit book settled by the depository and shall make and present to the Court an account of the moneys paid into and out of the account, and shall exhibit his deposit book as a voucher for the correctness thereof.

Local Rule 1.2:12 Accounts.

The accounts of fiduciaries shall be presented to Court for nisi confirmation at the date and time set for confirmation of accounts by the Court as set forth in the Annual Court Calendar, unless otherwise directed by the Court.

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