Sch. Cnty. Pa. 1.8A

As amended through February 1, 2024

Rule 1.8A - PRAECIPE TO TRANSMIT

(a) All filings which require action by a judge or an assignment by the Court Administrator shall be accompanied by a praecipe to transmit on the Clerk's form "Praecipe to Transmit" 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.

(b) 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 file a report in WRITING with the Clerk within 20 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.

(c) The Praecipe shall be in the following form:

COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

In Re:	| No. ____________
____________________________	| Counsel of Record:
____________________________	| _______________

PRAECIPE TO TRANSMIT - SCH. O.C. 1.8A (c)

TO: THERESA SANTAI GAFFNEY, CLERK OF THE ORPHANS' COURT: Transmit the attached matter to the Orphans' Court Administrator for assignment to a Judge. The nature of the filing and requested action is as follows:

[] Petition / Motion for ___________________________________ requesting:

[] Transfer to Court for disposition, no answer having been filed;

[] Transfer to Court for Hearing on fact issues raised by pleadings;

[] Transfer to Court for Conference;

[] Other_____________________________________________________

__________________________________________________ (specify)

[] Issue that can be decided on the records and briefs, being:

[] Appeal from decision of the Register of Wills;

[] Post-trial Motions;

[] Contested matter and fact finding complete or unnecessary;

[] Other ___________________________________________________ __________________________________________________ (specify)

I estimate it will require _______ hour(s) to present the moving party's case and I will present only the following witnesses for testimony: (attach additional sheets, if needed)

I further certify the status of the following as they pertain to the disposition of this case:

1.ALL discovery has been completed? YES NO N/A

If "NO", state status of discovery

_______________________________________________

_______________________________________________

_______________________________________________

2. Date last serious settlement negotiation was conducted ______________. If no settlement conference was conducted, the last date that the party filing this certificate has made an unsuccessful good faith effort to conduct one ________________.

3. A copy of this Certificate was served on opposing counsel on this date: ________________.

________________________

Date

________________________

ATTORNEY'S SIGNATURE

FOR HEARING REQUESTS: Opposing Counsel is required to submit a report in WRITING to the Orphans' Court Administrator within 20 days:

1) listing the names of the witnesses they will use at the hearing; and

2) an estimate of time required to present their case.

Sch. Cnty. Pa. 1.8A

Amended effective 3/1/2021; amended effective 1/1/2024.