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PA Bulletin, Doc. No. 97-1584

THE COURTS

BRADFORD COUNTY

Rule of Judicial Administration No. 1901; No. 96IR000066

[27 Pa.B. 5091]

Order

   And Now, this 11th day of September, 1997, the Court hereby adopts the following Bradford County Rule of Judicial Administration, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.

By the Court

JEFFREY A. SMITH,   
President Judge

Bradford County Rule of Judicial Administration 1901.

Prompt Disposition of Matters; Termination of Inactive Cases.

   (1)  The Prothonotary shall, upon the periodic request of the Court Administrator, cause a computer-generated report to be prepared which lists all civil matters, except support and eminent domain proceedings, in which no steps or proceedings have been docketed for two years or more prior thereto.

   (2)  Upon receipt of the report prepared by the Prothonotary, the Court Administrator shall give to all counsel of record, and to all parties for whom no appearance has been entered at least thirty (30) day's notice of the court's intention to terminate the matter as provided by Pa.R.J.A.No. 1901(c). The Court Administrator shall note therein that a rule has been entered to show cause by written objection why the matter should not be dismissed pursuant to Rule Pa.R.J.A. No. 1901.

   (3)  If any such notices are returned by the postal authorities as undelivered for any reason, the Court Administrator shall forward said notice to the Prothonotary's Office for placement in the official file. The Prothonotary's Office shall prepare a list of any such cases and cause the same to be published one time in the Bradford County Law Journal, together with a notice that said cases will be terminated 30 days after the date on which the list is published. The cost of publication shall be borne by the office of the Prothonotary. The Prothonotary shall transmit a copy of such a list to the Court Administrator.

   (4)  If no written objection is docketed prior to the date set for the rule returnable or within thirty (30) days after publication as set forth in (3) above, an order shall be entered by the Court dismissing the matter with prejudice for failure to prosecute under the provisions of this rule. If objections are filed, the court will review any objections and, if appropriate, schedule a hearing thereon.

   (5)  Each district justice shall, at least annually, compile a list of civil and criminal summary cases filed in their offices in which no steps or proceedings have been taken for two years or more prior thereto. Notice of intention to terminate shall be given by the district justice as set forth in Pa.R.J.A. 1901(c). In criminal summary cases, district justices shall give notice thereof to the District Attorney, any private prosecutor, the defendant, and the defendant's attorney of record as provided by Pa.R.J.A. 1901(c).

   (6)  If any such notices are returned by the postal authorities as undelivered, the district justice shall prepare a list thereof and cause the same to be published one time in the Bradford County Law Journal, together with a notice that said cases will be terminated thirty (30) days after the date on which the list is published. The cost of publication shall be borne by the office of the district justice.

   (7)  If no written objection is received by the district justice prior to the date set for the rule returnable or within thirty (30) days after publication as set forth in (6)above, an order shall be entered dismissing the matter with prejudice for failure to prosecute under the provisions of this rule.

[Pa.B. Doc. No. 97-1584. Filed for public inspection October 3, 1997, 9:00 a.m.]



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