The Orphans’ Court Procedural Rules Committee has proposed a number of amendments to rules relating to hearing notices in proceedings for the termination of parental rights. “Proposed Amendment of Rules 4.5, 4.6, 15.4, 15.7, 15.8, 15.9, 15.10, and 15.13 and … Continue reading
Tag Archives: Pa.O.C. Rules
The Orphans’ Court Procedural Rule Committee has proposed amendments to Pa. R.O.C.P. 7.1 in order to include the procedures under Pa. R.Civ.P. 234.3 for notices to a party to attend a hearing or produce documents or things, and in order … Continue reading
It was error for the Orphans’ Court to enter an order declaring an agreement between the decedent’s widow and the administrator of the estate to be null and void when the motion regarding the agreement had been filed only two … Continue reading
In a contract allegedly signed by the decedent for the purchase of real estate, a provision for “liquidated damages” of 50% of the contract price is unenforceable as a penalty, and a motion by the executor to dismiss an objection … Continue reading
It was reversible error for the Orphans’ Court to adopt the report of the auditor of the account of the guardian of the estate of the decedent without first giving the parties notice of the filing of the report, as … Continue reading
The Orphans’ Court Procedural Rules Committee has proposed amendments to Pa. Rules of Orphans’ Court Procedure 14.2, 14.3, 14.4, 14.6, 14.7, 14.8, and 14.9 in order to carry out changes to guardianship practice that were made by the Act of … Continue reading
Pa.R.O.C.P. 4.1(c) (and similar rules in most other courts) states that the text of all petitions and other “legal paper” filed with the Orphans’ Court must be “double spaced.” Based on a recent motion filed in a federal court and … Continue reading
Berks County has amended Berks County Orphans’ Court Local Rules 1.9C (depository of the court), 2.7A (time for filing objections to accounts), 7.5A (motions practice), and 14.8B (acknowledgement by guardian of duties) and rescinded Rule 2.12 (small estate petitions). “Amendments … Continue reading
In a series of orders issued November 3, 2023, the Supreme Court has (a) adopted Rules of Judicial Administration that provide principles of construction for all procedural and evidentiary rules and (b) amended Pa.R.O.C.P. 1.2 (and other civil and criminal … Continue reading
The various procedural rules committees have proposed a number of new and amended rules, including Orphans’ Court rules, to establish uniform procedures for the Servicemembers Civil Relief Act (”SCRA”), 50 U.S.C. §§ 3901 et seq., and the Military and Veterans Code (”Code”), … Continue reading