RULE 3: PLEADING AND PRACTICE
Rule
3.1. Conformity to equity practice; in general.
3.2. Petition, answer, and reply.
3.3. Averment of incapacity
3.4. Form of petition; exhibits; consents.
3.5. Mode of proceeding on petition.
3.6. Depositions, discovery, production of documents and perpetuation of testimony.
3.7. Electronic filing and service of legal papers.
Rule 3.1. Conformity to equity practice; in general.
Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly or by general rule or special order of the local Orphans’ Court, and except for the Notice to Defend required by Rule of Civil Procedure 1018.1, which form of notice shall be required only if directed by general rule or special order of the local Orphans’ Court, the pleading and practice shall conform to the pleading and practice in equity in the local Court of Common Pleas.
Explanatory Note
The deletion of the word ‘‘Exceptions’’ from the title avoids confusion with the understanding of this word as it is employed in Rule 7.
(a) On or before the return day fixed in the citation or order, and in all other cases within twenty days after service upon him of a copy of any petition, a party opposing the granting of the prayer of the petition shall file an answer admitting or denying the averments of fact of the petition and specifically stating his objections thereto and averring the facts relied upon by him.
(b) Within twenty days after service upon him of a copy of an answer, a petitioner may file a reply thereto and admit, deny or avoid the facts averred in the answer.
Whenever the name of a person must be set forth in a pleading or statement of proposed distribution and such person is not sui juris, that fact shall be set forth, together with the name and address of the guardian, trustee, or other representative of such person, if any. If the person not sui juris is a minor who has no guardian of his estate, the minor’s age, the name and address of his parents and of the person with whom he resides shall also be set forth. Explanatory Note
The word ‘‘committee’’ is deleted as no longer applicable to a person or persons managing the estate or person of an incompetent.
(a) A petition shall set forth
(1) the caption;
(2) a heading indicating briefly the purpose of the petition;
(3) a concise statement of the facts relied upon to justify the relief desired, together with the citation of any Act of Assembly relied upon; and
(4) a prayer for the relief desired.
(b) The petitioner shall attach to the petition
(1) a form of decree; and
(2) such exhibits, consents or approvals as may be required by Act of Assembly or by local rule.
(c) If the petitioner is unable to attach any necessary exhibit, consent or approval, he shall so state in his petition, together with the reason for his inability.
Proceeding on petition shall be by citation to be awarded by the Court upon application of petitioner in any case where jurisdiction over the person of the respondent is required and has not previously been obtained. In all other cases, proceedings on petition shall be by notice. In either event a copy of the petition shall be served with the citation or notice unless service thereof is made by publication. Neither a citation nor notice shall be required where all parties in interest are the petitioners or their consents or joinders are attached. Explanatory Note
The distinction between commencement of proceedings by petition with notice as contrasted with petition with citation has been generally a hazy one for most of the profession. A misstep can be quite troublesome if not fatal, viz: Hicks Estate, 414 Pa. 131, 199 A.2d 283, 1964. For this reason it is suggested that an explicit statement thereof would be of value even though possibly redundant. Similarly the last sentence seems obvious but members on the Orphans’ Court bench have reported otherwise.
The provisions of this Rule 3.7 adopted October 18, 2004, effective immediately, 34 Pa.B. 5891.
Rule 3.2. Petition, answer and reply.
Rule 3.3. Averment of incapacity.
Rule 3.4. Form of petition; exhibits; consents.
Rule 3.5. Mode of proceeding on petition.
Rule 3.6. Depositions, discovery, production of documents and
perpetuation of testimony.
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