Frank. Cnty. Pa. 39-8.6

As amended through October 30, 2020
Rule 39-8.6 - Notice of Filing Report
(a) Upon completion of the report, the auditor or master shall file the report with the Clerk of the Orphans' Court and give a copy of the report along with notice in writing to counsel for all parties who appeared formally during the proceedings and to such parties as appeared without counsel, that the report awaits the filing of exceptions, if any, thereto, which must be filed with the clerk within fourteen (14) days of the date of the said notice, unless the time therefor is extended by the court for good cause shown; that during said interval access may be had to the auditor's report as filed at the office of the clerk; and that any party who fails to file exceptions within the time allowed shall thereafter be precluded from excepting to the report; and further that if no exceptions are filed within the time allowed, or any extension thereof permitted by the court, the report will be confirmed absolutely as of course. The notice may be delivered or mailed to counsel who have appeared formally in the proceeding or to such parties as have appeared without counsel.
(b) Exceptions to the auditor's or master's report shall be made in writing and filed with the Clerk of Courts. The party filing exceptions shall deliver or mail a copy thereof to the auditor forthwith, and to all counsel who have appeared formally and to all parties who have appeared without counsel, and the auditor shall fix a day when he will hear argument thereon and shall notify the exceptants, as well as other parties or their counsel, who have appeared in said proceedings, of the time and place of such argument. It shall be in the auditor's duty to examine the subject and to amend the report, if, in the auditor's opinion, the exceptions are in whole or in part well founded.
(c) Exceptions filed must point specifically to the error of fact or law complained of and state clearly the grounds for the exceptions thereto. General and vague exceptions will not be noticed. Where the exception is to the auditor's findings of fact or failure to find a fact, the exception shall state how the auditor or master should have found, and shall give reasons therefor. After disposing of the exceptions to this report, the auditor shall refile the report, or file the report as amended, as the case may be, with the exceptions, indicating his disposition thereof, and attaching a certificate of notice of the filing of the report or the amended report; which notice shall be given in writing delivered or mailed to counsel who have appeared formally in the case or to parties who have appeared without counsel, advising them of the date on which the report or amended report will be filed and further advising them that the report will be confirmed nisi and that unless exceptions thereto be renewed (or new exceptions be filed to the report as amended by the parties aggrieved by the amendment) within fourteen (14) days of the filing of said report or amended report, as the case may be, the same will be confirmed absolutely as of course.
(d) In the event that further exceptions to a report or amended report are filed as above provided, the clerk shall forthwith put said cause on the argument list for the next states argument court. No exceptions will be heard upon said argument which are not timely filed as above set forth (provided that the court may upon good cause shown recommit the report to the auditor for such further proceedings as justice may require).

Frank. Cnty. Pa. 39-8.6