Supreme Court of Pennsylvania, 2016

In Re: Order Rescinding and Replacing Rule 1.5 of the Pennsylvania Orphans' Court Rules

In Re: Order Rescinding and Replacing Rule 1.5 of the Pennsylvania Orphans' Court Rules
Supreme Court of Pennsylvania · Decided June 28, 2016 · per curiam

In Re: Order Rescinding and Replacing Rule 1.5 of the Pennsylvania Orphans' Court Rules

Opinion

[This is an entirely new rule.]

Rule 1.5. Local Rules (a) All previously promulgated local rules are hereby vacated, effective September 1, 2016, except for those local rules promulgated under Chapter 14 regarding guardianship of incapacitated persons, Chapter 15 regarding adoptions, and Chapter 16 regarding proceedings pursuant to section 3206 of the Abortion Control Act.

(b) The requirements for the promulgation and amendment of local procedural rules for orphans’ court proceedings are set forth in Pennsylvania Rule of Judicial Administration 103(d).

(c) The local rules applicable to practice in the Civil or Trial Division of the local Court of Common Pleas shall not be applicable in the Orphans’ Court Division unless so directed by these Rules or by local rule adopted by the court of the particular judicial district in accordance with Pa.R.J.A. No. 103.

Note: Effective August 1, 2016, Pennsylvania Rule of Judicial Administration was amended to consolidate and include all local rulemaking requirements.

Accordingly, the rulemaking requirements under Pa. O.C. Rule 1.5 for the promulgation and amendment of local procedural rules for orphans’ court proceedings were rescinded and replaced.

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