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The Pennsylvania Supreme Court Orphans' Court
Rules provide generally that the practice and procedure before the
Register must be in substantial conformity with the practice and
procedures approved by the Pennsylvania Supreme Court, or in the
absence thereof, the practice and procedures of the local Orphans'
Court Division.
Although there is no formal discovery, the Register
encourages informal discovery as agreed upon by the parties prior
to a formal hearing. The Register has the authority to issue subpoenas
requiring any person in the Commonwealth to appear before the Register
or to produce papers or records before the Register. A party desiring
to subpoena an individual or documents for the hearing must obtain
blank subpoenas at the Register's office for a nominal fee and serve
the subpoenas in accordance with the Rules of Civil Procedure.
A $100.00 hearing fee will be assessed by the
Register against one of the parties (generally the party with the
burden of proof), prior to scheduling a formal hearing. The Register
may request from counsel a written outline of the issues and the
parties' respective positions, as well as a list of prospective
witnesses. An additional $25.00 fee may be assessed by the Register
against a party requesting a continuance of a formal hearing after
the initial scheduling.
The hearing will be conducted in accordance
with the rules of evidence. The parties must bring in a court reporter
for the hearing and arrange for payment, unless the parties stipulate
to dispense with a record of the testimony. At the close of the
hearing, the Register may require, or counsel may offer, memoranda
of law. A party desiring a transcript of the hearing should advise
the court reporter at the conclusion of the hearing and pay for
the transcript.
Upon the issuance of a Decree by the Register
admitting or denying the petition for Letters, the parties have
one year to appeal to the Orphans' Court (unless the appeal period
is shortened by an Order of the Orphans' Court upon petition of
an interested party). The Orphans' Court will hear the appeal de
novo, unless the parties agree that the case may be heard on the
testimony before the Register, or unless the appeal is from the
Register's grant of Letters of Administration, in which case the
court's review is limited to a determination of whether the Register
abused his discretion. The transcript of the hearing before the
Register is not forwarded on appeal to the Orphans' Court unless
requested by a party. The appeal process is described more fully
in Chapter 14.
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