The latest version of the rules is now located at http://www.mcc.co.mercer.pa.us/locrules.htm

LOCAL RULES
of the Court of Common Pleas Of Mercer County

Supplementing the Orphans' Court Rules Promulgated by the Supreme Court of Pennsylvania

The latest version of the rules is now located at http://www.mcc.co.mercer.pa.us/locrules.htm

TABLE OF CONTENTS

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[ Local | Construction | Pleading | Time | Notice | Accounts | Exceptions | Auditors | Examiners | Register | Jury | Special Petitions | Distribution | Incompetents | Adoptions | Title ]

Rule 1. Judges - Local Rules

Local Rule 1.1 Powers of Judges
Local Rule 1.2 Local Rules
Local Rule 1.2:1 Argument Court
Local Rule 1.2:2 Attorneys
Local Rule 1.2:3 Costs
Local Rule 1.2:4 Acknowledgement and Satisfaction
Local Rule 1.2:5 Petitions to Enforce Compliance
Local Rule 1.2:6 Certificates of Fiduciary Appointment
Local Rule 1.2:7 Witnesses. Attachments
Local Rule 1.2:8 Individual Sureties
Local Rule 1.2:9 Corporate Sureties
Local Rule 1.2:10 Assets and Investments
Local Rule 1.2:11 Court Depository
Local Rule 1.2:12 Accounts

RULE 2. CONSTRUCTION AND APPLICATION OF RULES

Local Rule 2.1 Construction of Rules
Local Rule 2.2 Waiver of Time Limitation
Local Rule 2.3 Definitions
Local Rule 2.3:1 Definitions

RULE 3. PLEADING AND PRACTICE

Local Rule 3.1 Conformity to Equity Practice in General
Local Rule 3.1:1 Notice to Defend or Plead
Local Rule 3.1:2 Hearings
Local Rule 3.1:3 Hearing Judge
Local Rule 3.2 Petition, Answer and Reply
Local Rule 3.3 Averment of Incapacity
Local Rule 3.4 Form of Petition. Exhibits. Consents
Local Rule 3.5 Mode of Proceeding on Petition
Local Rule 3.6 Depositions, Discovery, Production of Documents and Perpetuation of Testimony

RULE 4. COMPUTATION OF TIME

Local Rule 4.1 Generally
Local Rule 4.2 Publication for Successive Weeks
Local Rule 4.3 Computation of Months

RULE 5. NOTICE

Local Rule 5.1 Method
Local Rule 5.2 Method; Person Under Incapacity
Local Rule 5.3 Time of Notice
Local Rule 5.4 Return of Notice
Local Rule 5.5 Charities; Notice to the Attorney General

RULE 6. ACCOUNTS AND DISTRIBUTIONS

Local Rule 6.1 Form
Local Rule 6.1(e):1 Form of Accounts. Additional Requirements
Local Rule 6.1(f):1 Approved Forms
Local Rule 6.2 Form. Separate Accounts for Minors
Local Rule 6.3 Notice to Parties in Interest
Local Rule 6.3:1 Contents of Notice, Additional Requirements
Local Rule 6.3:2 Advertisement of Accounts
Local Rule 6.4 Time for Filing
Local Rule 6.5 Filing with the Register of Wills
Local Rule 6.6 Filing with the Clerk of the Orphans' Court
Local Rule 6.7 Filing Copy with the Department of Revenue
Local Rule 6.8 Filing Copy with the United States Veterans' Administration
Local Rule 6.9 Statement of Proposed Distribution
Local Rule 6.9(a):1 Form of Statement of Proposed Distribution
Local Rule 6.9(b):1 Notice of Advertisement
Local Rule 6.10 Objections to Accounts and Statements of Proposed Distribution
Local Rule 6.10:1 Objections
Local Rule 6.11 Confirmation of Accounts. Awards
Local Rule 6.11(a):1 Confirmation Absolute
Local Rule 6.11(a):2 Confirmation of Title to Real Property
Local Rule 6.11(a):3 Distribution without Audit
Local Rule 6.12 Status Report by Personal Representative

RULE 7. EXCEPTIONS

Local Rule 7.1 Exceptions
Local Rule 7.1:1 Exceptions. Rules Governing

RULE 8. AUDITORS AND MASTERS

Local Rule 8.1:1 Notice of Hearings
Local Rule 8.2 Filing of Report
Local Rule 8.3 Form of Auditor's Report
Local Rule 8.4 Form of Master's Report
Local Rule 8.5 Transcript of Testimony
Local Rule 8.6 Notice of Filing Report
Local Rule 8.6:1 Notice of Filing Report. Preliminary Exceptions
Local Rule 8.7 Confirmation of Report
Local Rule 8.7:1 Approval of Expenses and Fees prior to Confirmation
Local Rule 8.7(a):1 Confirmation of Auditor's Reports. Exceptions
Local Rule 8.7(b):1 Confirmation of Master's Reports. Exceptions
Local Rule 8.8 Security for Expenses and Fees
Local Rule 8.8:1 Absolute Confirmation. Auditor's and Master's Expenses and Fees

RULE 9. OFFICIAL EXAMINERS

Local Rule 9.1 Appointment of Official Examiners
Local Rule 9.1:1 Appointment and Duties of Of ficial Examiners
Local Rule 9.1:2 Compensation of Official Examiners

RULE 10. REGISTER OF WILLS

Local Rule 10.1 Procedure and Forms
Local Rule 10.2 Appeals from the Register of Wills
Local Rule 10.2:1 Notice of Appeal
Local Rule 10.2:2 Petition for Appeal
Local Rule 10.2:3 Certification and Citation
Local Rule 10.2:4 Argument List and Hearing
Local Rule 10.2:5 Grant of Jury Trial

RULE 11. JURY TRIALS

Local Rule 11.1 Selection of Jurors
Local Rule 11.1:1 Selection of Jurors
Local Rule 11.2 Conduct of a Trial

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RULE 12. SPECIAL PETITIONS

Local Rule 12.1 Family Exemption
Local Rule 12.1(a):1 Family Exemption. Additional Requirements
Local Rule 12.1(b):1 Appraisal
Local Rule 12.1(c):1 Voluntary Distribution
Local Rule 12.2 Allowance to Surviving Spouse of Intestate
Local Rule 12.2(a):1 Allowance to Surviving Spouse of Intestate. Additional Requirements
Local Rule 12.2(a):2 Conclusiveness of Averments
Local Rule 12.2(b):1 Appraisal. Notice. Practice and Procedure
Local Rule 12.3 Revocation, Vacating and Extension of Time for Filing of Surviving Spouse's Election
Local Rule 12.3(b):1 Extension of Time. Contents of Petition
Local Rule 12.3(b):2 Extension of Time. Practice and Procedure
Local Rule 12.4 Appointment of a Guardian Ad Litem or a Trustee Ad Litem
Local Rule 12.4:1 Guardians and Trustees Ad Litem. Appointment and Compensation
Local Rule 12.5 Appointment of a Guardian for the Estate or Person of a Minor
Local Rule 12.5(c):1 Exhibits to Petition
Local Rule 12.5(e):1 Guardians of Minors. Appearance Before the Court
Local Rule 12.5(e):2 Information Required from Counsel
Local Rule 12.5:1 Minor's Estate. Restricted Account
Local Rule 12.5:2 Minor's Estate Not Exceeding Statutory Limitation
Local Rule 12.5:3 Minor's Estate. Allowances
Local Rule 12.6 Appointment of a Trustee
Local Rule 12.6(b):1 Appointment of a Trustee. Exhibits
Local Rule 12.7 Discharge of a Fiduciary and Surety
Local Rule 12.7:1 Discharge of a Fiduciary. Additional Provisions
Local Rule 12.8 Partition
Local Rule 12.8:1 Partition. Additional Provisions
Local Rule 12.9 Public Sale of Real Property
Local Rule 12.10 Private Sale of Real Property or Options Therefor
Local Rule 12.11 Mortgage or Lease of Real Property
Local Rule 12.12 Inalienable Property
Local Rule 12.13 Designation of a Successor Custodian
Local Rule 12.14 Confirmation of Appointment

RULE 13. DISTRIBUTION - SPECIAL SITUATIONS

Local Rule 13.1 Representation by Counsel
Local Rule 13.2 Existence and Identity
Local Rule 13.3. Report of Fiduciary
Local Rule 13.3:1 Report by Fiduciary

RULE 14. INCOMPETENTS' ESTATES

Local Rule 14.1. Local Rule
Local Rule 14.1:1 Practice and Procedure. In General
Local Rule 14.1:2 Incompetent's Estate. Decrees
Local Rule 14.1:3 Incompetent's Estate. Proof of Service
Local Rule 14.2. Adjudication of Incompetency and Appointment of a Guardian of the Estate of an Incompetent
Local Rule 14.3. Adjudication of Competency
Local Rule 14.4. Proceedings Relating to Real Estate

RULE 15. ADOPTIONS

Local Rule 15.1 Local Rules
Local Rule 15.2 Voluntary Relinquishment of Agency
Local Rule 15.3 Voluntary Relinquishment to Adult Intending to Adopt Child
Local Rule 15.4 Involuntary Termination of Parental Rights
Local Rule 15.4(d):1 Decree of Involuntary Termination
Local Rule 15.5 Adoption
Local Rule 15.5(a):1 Information for Certification of Adoption
Local Rule 15.5(a):2 Preliminary Order and Decree of Adoption
Local Rule 15.6 Notice; Method and Time
Local Rule 15.7 Impounding; Docket Entries; Reports; Privacy

RULE 16. SHORT TITLE

Local Rule 16:1 Mercer County Orphans' Court Rules

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