Court of Common Pleas, Trial Division - Civil

A Commerce Court case is commenced in the same manner as any other civil case by the electronic filing of a Summons and/or Complaint. In order to have a case assigned to the Commerce Court, the filing party should choose "Commerce" as the Program type on the Court's electronic filing system and fill out the electronic form entitled "Commerce Court Program Addendum," which sets forth the types of cases eligible for assignment to the Commerce Court. Not all cases involving businesses are entitled to be filed in the Commerce Court.

• Commerce Program Addendum

If the plaintiff's initial filing does not indicate that the case should be assigned to the Commerce Court, any party who believes the case should be so assigned may file a "Notice of Management Program Dispute" requesting that the case be transferred to the Commerce Court. This Notice should be filed as soon as possible. The Supervising Judge of the Commerce Court will then decide if the case should be transferred to the Commerce Court. This Notice should also be used if a party thinks a case was mistakenly assigned to the Commerce Court.

• Notice of Management Program Disputes

A motion for preliminary or special injunction may be filed electronically along with the Complaint or after a Complaint has been filed. If the motion involves an emergency, the filer should so indicate when asked by the electronic system. Once the motion has been accepted for filing, court personnel will assign the motion to a Commerce Court judge, who may issue an order regarding service, responses, and a hearing. In addition, Commerce Court staff may contact the filer to see if service has been made or to schedule a hearing. With respect to emergency motions, there is no need for counsel to appear at the courthouse until requested to do so by the court. However, counsel may contact Commerce Court staff to alert them to the filing of the emergency motion.

Email: Susan.Packer@courts.phila.gov - Director
Email: Josephine.Patti@courts.phila.gov- Court Administrative Officer and Law Clerk
Email: Arcangelo.Travaglini@courts.phila.gov - Court Administrative Officer and Law Clerk
Email: Rachel.Wener@courts.phila.gov - Court Administrative Officer and Law Clerk

Approximately three months after a Commerce Court case is commenced, the case will be scheduled for a Case Management Conference. At that Conference, counsel will meet with a Commerce Court Administrative Officer ("CAO") to discuss assignment and scheduling of the case. If the CAO determines that the case was improperly filed in Commerce, the case may be transferred to the appropriate court program. If it is a proper Commerce case, then the case will be assigned to an appropriate Case Management Track after consultation with counsel.

• Commerce Track Matrix

Counsel should complete beforehand, and bring to the conference, a Commerce Court Case Management Memorandum. In response to Question 8 of that Form, counsel should list five or more Commerce Judges Pro Tempore ("JPTs") for the mandatory settlement conference, which will usually be held after discovery is completed and before the pre-trial conference.

• Commerce Court Case Management Conference Memorandum
• List of Judges Pro Tempore

All pleadings, discovery motions, preliminary objections, summary judgment and other motions, and all responses to motions should be filed electronically in Commerce Court cases the same way they are filed in other civil trial programs. Court personnel will assign all Commerce motions to the Commerce judge assigned to the case.

Once discovery is complete and dispositive motions are decided, each Commerce Court case will be listed for a settlement conference with one of the Commerce JPTs. If both parties want a settlement conference scheduled earlier, they may send a joint letter to the assigned Commerce judge requesting an earlier settlement conference.

Each party should prepare a Settlement Conference Memorandum, which should be served on all counsel and the JPT at least ten days before the Settlement Conference. The JPT may also request that the parties provide additional information to the JPT only. The parties are expected to appear for the Settlement Conference, unless they are excused by the JPT.

The assigned JPT will provide up to three hours of his/her services to the parties for free. If the parties wish to continue to engage in settlement discussions or to mediate their differences with the JPT's assistance, they shall pay the JPT at least $300, or such greater fee as they all agree, per hour for each additional hour.

• Commerce JPT Settlement Conference Report

The Commerce Court judges often issue opinions in connection with their rulings on motions, at trial, and on appeal. Those opinions are available below and on commercial legal databases, such as Westlaw and LEXIS.

• Search Opinions by Topic
• Index of Opinions

Additional information regarding Commerce Court practices and procedures may be found in the Commerce Court Case Management Program section of the Philadelphia Court of Common Pleas Civil Practice Manual.

• Business Litigation Committee web site

A Mass Tort action is commenced in the same manner as other civil actions. When filing an action, the Mass Tort program case type, i.e., Asbestos, Trasylol, etc., must be selected from the Electronic Filing System (EFS) drop-down box to ensure proper program assignment.

In every Mass Tort program, there are regular monthly or bi-monthly meetings of counsel, the Team Leader Judge, and the Director. These meetings are mandatory and are designed to encourage participation by the Bar in creating case management procedures tailored to each program. Meeting agendas must be submitted to the Team Leader Judge at least 48 hours prior to the meeting.

PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA:
CASE RECORDS OF THE APPELLATE AND TRIAL COURTS

Supreme Court of Pennsylvania Judicial Administration Docket no. 477 in re: Public access policy of the Unified Judicial System of Pennsylvania: case records of the Appellate and Trial Courts

Order In Re: Asbestos Litigation and the 2023 Asbestos Trial List

Proposed 2022 Asbestos Litigation Schedule

Mass Tort Motions Procedures

Information - Guides - Publications

For Specific Mass Tort Program Information please select from the following:

Active Programs

Asbestos Elmiron Essure Products Liability Glen Mills Schools Paraquat Risperdal Roundup Vena Cava Filter Zantac

Inactive Programs

Accutane Anti-Convulsant Drugs Artelon Spacer Implant Beryllium Denture Adhesive Cream Digitek Firefighters' Hearing Loss Gadolinium Hormone Replacement Therapy Hydroxycut Mylan Fentanyl Patch Litigation Nursing Home Litigation Paxil-Pregnancy Pelvic Mesh Litigation Program Phen-Fen Reglan Silica Topamax Trasylol Xarelto Yaz Yasmin Ocella

Mass Tort Reports

• 2019 Mass Tort Report
• 2018 Mass Tort Report
• 2017 December Term Mass Tort Report

Mass Tort Master Docket and Liaison Counsel List

Liaison Counsel are selected by the Bar and approved by the Team Leader Judge for each program. The Team Leader Judge may also appoint a program Discovery Master, if necessary. Please see the Master Docket and Liaison Counsel List (Link Below), which includes any appointed program Discovery Masters.

• Mass Tort Master Docket and Liaison Counsel List

Case Management Orders

Case Management Orders are entered in every Mass Tort Program. These Orders are created cooperatively by the Team Leader Judge and counsel. Case Management Orders establish when and how actions may be filed, motion and discovery procedures and deadlines, and trial schedules. Copies of program Case Management Orders may be obtained from Liaison Counsel. Any questions should be directed to the Director of the Complex Litigation Center, Stanley Thompson, Esquire.

• Global Mass Tort Case Management Order Governing Pretrial Deadlines

Standardized Procedures

Standardized procedures have been created for all Mass Tort programs as a result of Bench/Bar collaboration and cooperation with respect to pleadings, discovery, motions, depositions and document depositories. Questions regarding standardized procedures may be directed to liaison counsel in each program and/or Stanley Thompson, Esquire, Director, 215-686-5100.

Motions

All Mass Tort motions, except case-specific Motions In Limine, are assigned to the Team Leader Judge for disposition. Case-specific Motions In Limine are assigned to the trial judge for disposition. The Team Leader Judge may designate any motion a "global motion" to be applied to all cases in a particular Mass Tort program. Global Orders are placed on the master docket for the affected program.

Pro Hac Vice Motions must be filed for each attorney seeking Pro Hac Vice admission in Pennsylvania. These motions must be filed in each case in which that attorney seeks special admission. Pennsylvania Bar Admission Rule 301 governs Pro Hac Vice admissions.

• Pro Hac Vice Order
• IOLTA Online Pro Hac Vice Admission Application Form
• News Release - PHV Admission Fee Increase, effective 9/24/2010
• Mass Tort Motion Procedures rev. 2010

* Important Notice Regarding Business License and Business Privilege Taxes

Counsel seeking Pro Hac Vice admission may be required to obtain a business privilege license and may also be subject to applicable local business privilege taxes based on both gross receipts and net income. Failure to comply with any requisite licensing or failure to fulfill any tax return filing/tax payment obligation may result in the denial of Pro Hac Vice admission.

See the link to the Department of Revenue below, and consult your tax professional.

• http://www.phila.gov/revenue/business_taxes.html

Mass Tort Trial List

Mass Tort cases with a trial date are published in The Legal Intelligencer for a four-week period prior to trial under the above heading.

Mandatory Settlement Conferences are conducted in every major jury case. The conferences are presided over by a Judge Pro Tempore and are scheduled in accordance with the Case Management Order that is issued in all cases approximately ninety (90) days after commencement of suit. The court provides notice to all counsel of record and unrepresented parties approximately thirty (30) days before the scheduled conference advising them of the date, time, and place of their settlement conference. This information may also be obtained from the first page of the civil docket.

Judges Pro Tempore (Judge(s) Pro Tem) are recruited from the Philadelphia Bar Association to preside over the settlement conferences. Judicial Team Leaders are frequently available to participate in the conference, if necessary and appropriate.

• 01-122 Application for Judge Pro Tempore

In preparation for the conference, the Judge Pro Tem reviews the case file in order to effectively discuss all issues with the parties. In the event a case does not settle at the conference, the Judge Pro Tem is available by telephone or for follow-up conferences and/or to assist the parties as requested. However, these follow-up conferences and calls will not delay the court's schedule for this case. At the conclusion of each settlement conference, the Judge Pro Tem must complete a settlement conference report. The report should include the range settlement value of the case and references to salient issues. This report is provided to the Judicial Team Leader along with the case file in preparation for the next scheduled event, the final Pretrial Conference.

Counsel and unrepresented parties must file a settlement memorandum at least ten (10) days before the conference, appear at the settlement conference, on time and with settlement authority from their clients. The parties and claim representatives are not required to appear with counsel, but must be available by telephone during the conference. Failure of counsel to file a memorandum, appear, and/or failure of a party or claim representative to be available by telephone during the conference may result in the issuance of a Rule to Show Cause before the appropriate Judicial Team Leader. Should the case settle before or after the conference, counsel shall notify the court immediately in writing.

• Notice of Appeal - Appellate Courts Filing Forms and Instructions
• Notice of Appeal - From the Award of the Board of Arbitrators
• Notice of Appeal - Local/State Agencies Form 0-253A
• Notice of Appeal - Municipal Court
• Informational Guide for Municipal Court Appeal of a Supplementary Order
• Supplemental Instructions for Obtaining a Stay of Eviction
• Notice of Appeal - PennDoT Form 10-253
• Notice of Appeal - Red Light Violations and Impoundment Orders
• Supersedeas Affidavit - Non-Section 8 Tenant
• Supersedeas Affidavit - Section 8 Tenant

• Arbitration - Continuance/Deferral Application Form 01-405
• Arbitration - Miscellaneous Application Form 01-403
• Arbitration - One-Time Only Rescheduling Agreement Form 01-410
• Arbitration - Response to Application Form 01-404
• Defendant(s) Interrogatories Directed to Plaintiff(s) - Motor Vehicle Liability Cases
• Defendant(s) Interrogatories Directed to Plaintiff(s) - Premises Liability Cases 
• Defendant(s) Request for Production of Documents Directed to Plaintiff(s)
• Initial Certification as Arbitration Panelist ApplicationForm 01-406
• Plaintiff(s) Interrogatories Directed to Defendant(s) - Motor Vehicle Liability Cases
• Plaintiff(s) Interrogatories Directed to Defendant(s) - Premises Liability Cases
• Plaintiff(s) Request for Production of Documents Directed to Defendant(s)

• Case Management Conference Memorandum - Commerce Form 01-111
• Advice to Counsel and Case Management Conference Memorandum Form 01-105
• JPT Settlement Conference Report - Commerce
• Code Enforcement Case Management Conference Memorandum and Advice to Counsel and Self-Represented Litigants
• One-Year Status Conference Form
• Certification Regarding Exchange of Expert Reports (Med Mal)

A federal court has preliminarily approved a class settlement related to civil forfeiture in Philadelphia.

See Sourovelis v. City of Philadelphia, et al. - Civil Action No. 14-04687-ER (E.D. Pa.)

Property owners sued the City of Philadelphia and the Philadelphia District Attorney’s Office over seizures of cash, cars, properties. The First Judicial District of Pennsylvania was also named as a Defendant. A settlement has been reached in the lawsuit concerning the constitutionality of specific policies and practices in prosecuting civil forfeiture cases, such as the policy and practice of retaining forfeited property and its proceeds for funding.

The below forms incorporate the revised process to seek civil forfeitures consistent with Trial Division General Court Regulation No. 01 of 2018.

For more information, see the following notice and visit www.phillyforfeiture.com

• Important Information
• Miscellaneous Civil Forfeiture forms
• Motion for the Release of Seized Property Pending the Conclusion of the Forfeiture Proceeding

• Affidavit of Service
• Civil Cover Sheet - Form 01-101
• Civil Cover Sheet (Supplemental Parties) - Form 01-102
• Civil Cover Sheet and Commerce Program Addendum - Form 01-101B
• Complaint for Equitable Relief Demolition
• Complaint Package
• Ejectment Complaint Packet
• Fraudulent Conveyance - Quiet Title Packet
• Mechanics Lien
• Mental Health Procedures Act Cover Sheet and Instructions - Form 01-108
• Motion for Title of Vehicle
• Motion Petition Packet
• Name Change Petition - Form 01-101A
• Notice to Defend - Form 10-284
• Praecipe - Uninsured-Underinsured Savings Action - Form 01-407
• Praecipe for Writ of Summons
• Return of Service Affidavit
• Writ of Summons - Form 10-208
• Writ of Summons - Rent Lease and Ejectment

• Civil Cover Sheet and Commerce Program Addendum - Form 01-101B
• Case Management Conference Memorandum - Commerce - Form 01-111
• JPT Settlement Conference Report - Commerce

• Election Board Petition
• Affidavit of Vacancy
• Petition to Set Aside Nomination Petition - FJD Election Spreadsheet
• Petition to Withdraw Candidacy

• Alternative Service Checklist
• Discovery Court Filings Guide
• Guide for new Civil Electronic Filing feature - Re: Notice Information
• Guide to Service
• Video - Guide to Service
• Informational Guide for Municipal Court Appeal of a Supplementary Order
• Instructions - How to Create an Account on the Electronic Filing System
• Instructions - How to Obtain Certified Copies of Documents
• Instructions - How to Obtain Exemplified Copies of Documents
• Instructions - Locality-In Rem Index - Water and Sewer Charges
• Instructions - Real Estate Tax Liens and Charges
• Instructions - Requesting a Foreign Subpoena
• Residential Mortgage Foreclosure Diversion Pilot Program Materials
• Supplemental Instructions for Obtaining a Stay of Eviction

• Affidavit and Instructions to Satisfy Judgment - Motor Vehicle Case
• Default Judgment Packet - Assessment of Damages
• Default Judgment Packet - Damages to be Assessed by the Court
• Notice of Intent to Attach Wages
• Notice of Praecipe to Enter Judgment by Default - Pa.R.C.P. 237.5 - Form 10-205
• Notice of Praecipe to Enter Judgment of Non Pros - Pa.R.C.P. 237.4 - Form 10-204
• Praecipe Default Judgment - Damages Assessed
• Praecipe Default Judgment - Damages TO BE Assessed
• Praecipe Default Judgment - POSESSION
• Praecipe for Writ of Execution - Money Judgment - Form 10-226
• Praecipe for Writ of Execution - Mortgage Foreclosure - Form 10-211
• Praecipe for Writ of Possession - Form 5-116
• Praecipe for Writ of Revival of Judgment - Form 10-228
• Praecipe for Writ of Seizure - Replevin - Form 10-227
• Praecipe To Enter Judgment
• Praecipe to Mark Judgment Satisfied
• Writ of Execution - Mortgage Foreclosure - Form 10-203
• Writ of Possession Form 10-207
• Writ of Execution - Money Judgment - Form 10-225
• Writ of Execution Notice
• Writ of Revival of Judgment - Form 10-229
• Writ of Seizure - Replevin - Form 10-230

• Minors and Incapacitated Persons Checklist
• Affidavit of Compliance
• Petition to Settle a Minor's Compromise

• Active Status Certificate - Pa.R.J.A. No. 1901 - Form 01-409
• Application for Administrative Search Warrant and Authorization
• Blank Answer Form
• Certificate that Premises is Owner-Occupied - Request for Conciliation Conference
• Defendant's Answer to Plaintiff's Complaint
• Entry of Appearance
• Praecipe Form
• Praecipe for Writ to Join Additional Defendants - Form 10-201
• Praecipe to Discontinue
• Praecipe for Rule to File Complaint
• Praecipe to Reinstate/Reissue
• Praecipe to Terminate Supersedeas
• Refund Application - Civil
• Statement of Intention to Proceed - Pa.R.C.P. 230.2
• Writ to Join Additional Defendants - Form 10-245

• Alternative Service Checklist
• Attorney Certification of Good Faith
• Eminent Domain - Motion to Consolidate
• Motion for Alternative Service
• Motion for Extraordinary Relief - Form 01-5
• Motion for Title of Vehicle
• Motion Petition Packet
• Motion to File Nunc Pro Tunc
• Motion to Stay Demolition
• Motion to Stay Eviction
• Notice of Presentation
• Notice to the Post-Trial Motions Clerk
• Petition for Appointment of Conservator Packet
• Petition to Intervene, Stay and Set Aside Writ of Execution as to Non-Judgment Debtor
• Petition to Intervene
• Information Guide to Petition to Open Default Judgment
• Petition to Open Default Judgment
• Petition to Postpone Sheriff Sale - Mortgage
• Petition to Postpone Sheriff Sale - Tax
• Petition to Proceed In Forma Pauperis - Form 30-1061A
• Petition-Motion Cover Sheet - Form 30-1061
• Post-Trial Motions Proof of Service
• Response to Motion for Extraordinary Relief - Form 01-004
• Rule to Show Cause Order

• Notice to Co-Owner of Attachment of Property
• Property Claim Notice
• Sheriff's Certification
• Writ of Execution Notice

• Subpoena - Request for Attendance - Form 10-200
• Subpoena - To Produce Documents or Things for Discovery - Pa.R.C.P. 4009.22 - Form 10-238

• Wrongful Death and Survival Actions Checklist Form 11-10
• Affidavit of Compliance
• Petition to Settle Wrongful Death and Survival Actions