Title 231—RULES OF
PART II. ORPHANS' COURT RULES
[ 231 PA. CODE PART II ]
Proposed Amendment of Pa. O.C. Rules 2.1, 4.6 and 7.1
[48 Pa.B. 1271]
[Saturday, March 3, 2018]
The Orphans' Court Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa. O.C. Rules 2.1, 4.6, and 7.1 for the reasons set forth in the accompanying publication report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.
Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor be officially adopted by the Supreme Court. Additions to the text of the proposal are bolded and underlined; deletions to the text are bolded and bracketed.
The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:
Orphans' Court Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
All communications in reference to the proposal should be received by April 6, 2018. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.
By the Orphans' Court
Procedural Rules Committee
WAYNE M. PECHT, Esq.,
TITLE 231. RULES OF CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
CHAPTER II. ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS
Rule 2.1. Form of Account.
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(b) As illustrated in the Model Accounts, Accounts shall conform to the following rules:
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(4) Every Account shall contain:
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(iv) signature [and verification] pages signed by all the accountants stating the Account and verified by at least one of the accountants. The verification of a personal representative's Account shall contain a statement that the Grant of Letters and the first complete advertisement thereof occurred more than four months before the filing of the Account, unless the personal representative has been directed by the court to file an Account prior to that time.
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CHAPTER IV. FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND COURT;
Rule 4.6. Notice of the Date of Entry of an Adjudication or Court Order on the Docket.
(a) The clerk shall immediately give written notice of the entry of an adjudication or court order in a particular matter to each interested party's counsel of record or, if unrepresented, to each interested party. The notice shall include a copy of the adjudication or court order.
(b) The clerk shall note in the docket the date when notice was given to the interested party or to his or her counsel under subparagraph (a) of this Rule.
Note: Rule 4.6 has no counterpart in former Orphans' Court Rule, but is derived from Pa.R.C.P. No. 236.
CHAPTER VII. RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE
Rule 7.1. Depositions, Discovery, Production of Documents [and], Perpetuation of Testimony, and Subpoenas to Attend and Testify.
The court, by local rule or order in a particular matter, may prescribe the practice relating to depositions, discovery, production of documents [and], perpetuation of testimony, and subpoenas to attend and testify. To the extent not provided for by local rule or an order governing a particular matter, the practice relating to depositions, discovery, production of documents [and], perpetuation of testimony, and subpoenas to attend and testify shall conform to the practice in the Trial or Civil Division of the local Court of Common Pleas.
Note: Rule 7.1 is [identical to] derived from former Rule 3.6.
Proposed Amendment of Pa. O.C. Rules 2.1,
4.6, and 7.1
The Orphans' Court Procedural Rules Committee (''Committee'') is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa. O.C. Rules 2.1, 4.6, and 7.1. These amendments will provide minor refinements to the Orphans' Court Rules that were adopted by the Court on December 1, 2015 and took effect on September 1, 2016.
Rule 2.1 provides the requirements for the form of Accounts. Rule 2.1(b)(4)(iv) sets forth the requirements for signature and verification pages, and currently requires the ''signature and verification pages signed by all the accountants stating the Account and verified by at least one of the accountants.'' The Committee proposes to delete ''and verification'' from that phrase so it is not inconsistent with the remainder of the sentence, which only requires verification ''by at least one of the accountants.''
With regard to Rule 4.6, the Committee received inquiries about the necessity of sending notices to beneficiaries not participating in the present proceeding or matter. The Committee deliberated about whether ''party'' in Rule 4.6 was sufficient in scope to include those having an interest in the subject of the proceeding. Ultimately, the Committee concluded that ''person'' should be modified to ''interested party,'' as defined in Rule 1.3.
Rule 7.1 addresses discovery practices in the Orphans' Courts. The Committee discussed that the Orphans' Court Rules did not address the use of subpoenas to attend and testify. Compare Pa.R.C.P. No. 234.1. The Committee agreed to add subpoenas to attend and testify to the list of permitted discovery practices set forth in Rule 7.1.
The Committee invites all comments, concerns, and suggestions regarding this proposal.
[Pa.B. Doc. No. 18-326. Filed for public inspection March 2, 2018, 9:00 a.m.]
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