Rule Text
Pleadings allowed after the filing of a petition are limited to:
(a) an answer that can include new matter;
(b) a reply, if an answer contains new matter;
(c) preliminary objections to the petition as permitted by Rule 3.9;
(d) an answer to preliminary objections; and
(e) a petition to join one or more persons as parties to the proceeding and an answer thereto.
Amendment history: The provisions of this Rule 3.6 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573. Immediately preceding text appears at serial page (390197).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Once someone files a petition in Orphans' Court, the other parties can only file certain types of documents in response. These include an answer to the petition, a reply if the answer brings up new issues, or preliminary objections if there are legal problems with the petition.
Parties can also file documents to add new people to the case if needed. If someone wants to raise a completely new issue, they can file a separate petition to bring that new matter before the court. Regular motions are still allowed and are not affected by this rule.
Committee Notes
Rule 3.6 has no counterpart in former Orphans’ Court Rules, but is based, in part, on Pa.R.C.P. No. 1017.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 1.99.
Any interested party may file a new petition bringing a new issue or dispute before the court or seeking alternative relief in the same trust or estate. Motions are permitted in Orphans’ Court Division, and this Rule 3.6 does not prohibit or limit motions practice.