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PA Bulletin, Doc. No. 98-1980


Title 255--LOCAL


Local Rule 1901: Prompt Disposition of Matters; Termination of Inactive Cases; No. 2243 of 1998, G.D.

[28 Pa.B. 5871]


   And Now, this 16th day of November, 1998, it is hereby Ordered that Fayette County Rule of Civil Procedure 230.2 is hereby amended, renamed and renumbered as Fayette County Rule of Judicial Administration 1901. The following rule shall be effective 30 days after the publication in the Pennsylvania Bulletin.

   The Prothonotary of Fayette County is Ordered and Directed to do the following:

   (1)  File seven (7) certified copies of this Order and Amended Rule with the Administrative Office of Pennsylvania Courts.

   (2)  File two (2) certified copies of this Order and Amended Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  File one (1) certified copy of this Order and Amended Rule with the Pennsylvania Civil Rules Committee.

   (4)  Forward one (1) copy for publication in the Fayette Legal Journal.

   (5)  Forward one (1) copy to the Fayette County Law Library.

   (6)  Keep continuously available for public inspection copies of this Order and Rule.

By the Court

President Judge

RULE 1901


   (a)  In January of each year the Prothonotary shall list on an annual List of Cases Proposed to be Dismissed every pending civil matter in which no paper has been filed and no action taken for two (2) or more years prior to that year. The cases on each annual list shall be called at the call of the list for the April Session of Civil Jury Trials.

   (b)  Notice of the proposed dismissal of each matter on any list prepared pursuant to paragraph (b) shall be given by the Prothonotary to counsel of record and any parties not represented by counsel. If no action is taken and no written objection is docketed in any such matter prior to the commencement of the call of the list, the Prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute. If action has been taken or written objection docketed prior to the call of the list, but good cause has not been shown at the call for continuing any matter remaining on the list, an order dismissing such action shall be entered by the Court forthwith.

   (c)  All notices required by this Rule shall be in writing and shall be given by the Prothonotary at least thirty (30) days before the date on which the list is to be called. Notice may be given to counsel of record in person or by ordinary mail and to a party by certified mail to the last address of record. If no such notice can be given, as shown by affidavit of the Prothonotary, notice may be given by publication once in the Fayette Legal Journal and in one newspaper of general circulation in Fayette County.

[Pa.B. Doc. No. 98-1980. Filed for public inspection December 4, 1998, 9:00 a.m.]

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