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PA Bulletin, Doc. No. 96-584

THE COURTS

MONTGOMERY COUNTY

Local Rules of Civil Procedure 272* and 1041.1*; No. 96-00001-2

[26 Pa.B. 1704]

Order

   And Now, this 18th day of March, 1996, the Court rescinds Montgomery County Local Rule of Civil Procedure 272* relating to non-jury trials in asbestos cases, and approves and adopts the following Montgomery County Local Rule of Civil Procedure 1041.1*--Asbestos Litigation--Special Provisions. This Rule shall become effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, one (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court.

By the Court

WILLIAM T. NICHOLAS,   
President Judge

Rule 1041.1*  Asbestos Litigation--Special Provisions

   Asbestos litigation in Montgomery County is governed by the Pennsylvania Rules of Civil Procedure and the Montgomery County Local Rules of Civil Procedure, except as follows:

   (1)  Local Rules 212*(g), (h) and (i), 261*(1), 262*, 263* and 264* (relating to settlement conferences and trial lists) shall not apply. Settlement conferences are scheduled and cases are listed for trial by Order of Court.

   (2)  In addition to the requirements of the Pennsylvania Rules of Civil Procedure and Local Rules 301* and 302*, copies of motions, petitions, responses thereto, and briefs, shall be served upon the law clerk for asbestos litigation. For matters subject to Local Rule 302*, the filing of a praecipe shall have the effect of commencing the briefing schedule but not of listing the case for argument, which shall be done by the Court with the assistance of the law clerk for asbestos litigation.

   (3)  Local Rule 4019* pertaining to discovery masters shall not apply. When a discovery motion is at issue as provided in Local Rule 4019*, counsel shall notify the law clerk for asbestos litigation, who shall arrange for disposition of the matter by the Court.

   (4)  Arguments, hearings, and trials are ordinarily listed only before the judges assigned to the asbestos litigation.

Comments:

   1.  The Honorable Albert R. Subers and the Honorable William J. Furber, Jr., are the Judges assigned to the asbestos litigation. Judge Subers is the Administrative Judge for asbestos litigation.

   2.  By Order dated April 12, 1982, the law clerk for asbestos litigation is: Donald J. Martin, Esquire, 22 West Airy Street, Norristown, PA 19401-4769, telephone: (610) 277-6772, Fax: (610) 277-4993.

   3.  The Orders scheduling cases for trial and settlement conferences ordinarily contain deadlines, including deadlines for the completion of discovery and for filing certain motions. These are completion deadlines. It is not necessary for a scheduling order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.

   4.  Except as stated in sub-paragraph D below, a discontinuance of an action as to less than all parties may not be entered without notice and an opportunity to respond to all other parties. This may be accomplished as follows:

   A.  If a stipulation is signed by counsel for all parties to the litigation, Pa.R.C.P. 229(b) does not require leave of court. The fully executed stipulation may be filed with the Prothonotary.

   B.  A petition for approval of discontinuance may be filed pursuant to Pa.R.C.P. 206.1 et seq., and Montgomery County Local Rule of Civil Procedure 301*. A rule to show cause shall be requested on the cover sheet. The cover sheet should be followed by a form of order approving the discontinuance, by a petition, and by the original stipulation executed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued. Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day. If no answer is filed at or before the time the rule is made returnable, the petition will be forwarded by the Court Administrator to the Civil Signing Judge in accordance with the practice pertaining to any petition requiring a return day.

   C.  Stipulations for discontinuance signed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued may be presented to the Court at a scheduled settlement conference for the case in question. If no objection is raised at the conference, the Court normally approves the stipulation and returns it to counsel for filing and for service on all parties.

   D.  If a case has been settled by all parties from whom plaintiff seeks a recovery, a discontinuance may be entered as to any other parties by stipulation signed by counsel for plaintiff, the original of which shall be transmitted to the law clerk for asbestos litigation, with copies served on all other parties. The law clerk for asbestos litigation shall transmit the stipulation to the appropriate judge for approval. Since parties who may have claims for contribution or indemnification have not been given the opportunity to object, such a stipulation is subject to being stricken on the petition of an interested party. Counsel may wish to proceed in accordance with subparagraph B., above, to minimize this risk.

   5.  Certificates of service shall indicate the name and address of counsel or the parties on which service has been made. A certificate of service ''on all parties'', or ''on all counsel of record'' without stating who they are, does not establish service on anyone.

[Pa.B. Doc. No. 96-584. Filed for public inspection April 12, 1996, 9:00 a.m.]


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