3.1. Conformity To Equity Practice in General

Except where otherwise provided by a rule adopted by the Supreme Court, or by an Act of Assembly, or by general rule or special order of the local Orphans' Court, and except for the Notice to Defend required by Rule of Civil Procedure 1018.1, which form of notice shall be required only if directed by general rule or special order of the local Orphans' Court, the pleading and practice shall conform to the pleading and practice in equity in the local Court of Common Pleas.

Local Rule 3.1:1 Notice to Defend or Plead.

Where a notice to defend or to plead filed in accordance with the Rules of Civil Procedure has been endorsed on a pleading, the pleadings and practice shall conform with the pleading and practice in equity of the local Court of Common Pleas insofar as the requirement of responsive pleading are concerned.

Local Rule 3.1:2 Hearings:

Petitions and motions shall have attached thereto a proposed order of Court, which shall be prepared by the party presenting the petition or motion, and which shall include a date and time for a hearing and for the taking of testimony, if necessary.

Local Rule 3.1:3 Hearing Judge.

When a proceeding on a particular estate or matter has been previously heard by a Hearing Judge, all subsequent proceedings pertaining to the same estate or matter, whenever possible, shall be presented to the same Hearing Judge.

3.2. Petition, Answer and Reply.

1. On or before the return day fixed in the citation or order, and in all other cases within twenty days after service upon him of a copy of any petition, a party opposing the granting of the prayer of the petition shall file an answer admitting or denying the averments of fact of the petition and specifically stating his objections thereto and averring the facts relied upon by him.
2. Within twenty days after service upon him of a copy of an answer, a petitioner may file a reply thereto and admit, deny or avoid the facts averred in the answer.

3.3. Averment of Incapacity.

Whenever the name of a person must be set forth in a pleading or statement of proposed distribution and such person is not sui juris, that fact shall be set forth, together with the name and address of the guardian, trustee or other representative of such person, if any. If the person not sui juris is a minor who has no guardian of his estate, the minor's age, the name and address of his parents and of the person with whom he resides shall also be set forth.

3.4. Form of Petition. Exhibits. Consents.

1. A petition shall set forth:
   1. the caption;
   2. a heading indicating briefly the purpose of the petition;
   3. a concise statement of the facts relied upon to justify the relief desired, together with the citation of any Act of Assembly relied upon; and
   4. a prayer for the relief desired.
2. The petitioner shall attach to the petition:
   1. a form of decree; and
   2. such exhibits, consents or approvals as may be required by Act of Assembly or by local rule.
3. If the petitioner is unable to attach any necessary exhibit, consent or approval, he shall so state in his petition, together with the reason for his inability.

3.5. Mode of Proceeding on Petition.

Proceeding on petition shall be by citation to be awarded by the Court upon application of petitioner in any case where jurisdiction over the person of the respondent is required and has not previously been obtained. In all other cases, proceedings on petition shall be by notice. In either event a copy of the petition shall be served with the citation or notice unless service thereof is made by publication. Neither a citation nor notice shall be required where all parties in interest are the petitioners or their consents or joinders are attached.

3.6. Depositions, Discovery, Production of Documents and Perpetuation of Testimony.

The local Orphans' Court, by general rule or special order, may prescribe the practice relating to depositions, discovery, production of documents and perpetuation of testimony. To the extent not provided for by such general rule or special order, the practice relating to such matters shall conform to the practice in the Trial or Civil Division of the local Court of the Common Pleas.

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