Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 96-624

THE COURTS

Title 255--LOCAL
COURT RULES

CHESTER COUNTY

Amendments to Rules of Civil Procedure; No. 96-00000

[26 Pa.B. 1820]

Order

   And Now, this 18th day of March, 1996, the following amendments to the Chester County Rules of Civil Procedure are hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance with Pa.R.C.P. No. 239(d).

THOMAS G. GAVIN,   
President Judge

1.  Revise rule 206.1.A.(1) to read as follows:

   All motions, petitions and preliminary objections shall be in writing and shall be accompanied by a proposed form of order; a petition shall also be accompanied by an order allowing a rule to show cause in form as set forth below, which order is hereinafter sometimes referred to as a ''rule'' or a ''rule to show cause''. Every motion and petition shall refer to the procedural rule, statute, or other authority relied upon to justify the relief requested, and shall display the counsel's name, address, i.d. number and telephone number.

2.  Amend rule 206.1.B(3) to read as follows:

   (3)  The procedure of Pa.R.C.P. No. 206.6 is adopted. An order containing a rule to show cause, except one which by its terms grants substantive relief or which contains a stay order or seeks to require an answer by respondent(s) in less than twenty (20) days, shall be issued per curiam when presented to the court administrator.

3.  Amend rule 206.1.B(5) to read as follows:

   (5)  Admissions--All well-pled factual averments in a petition upon which a rule to show cause has been granted or in preliminary objections endorsed with a notice to plead and properly containing averments to fact shall be deemed admitted unless an answer specifically denying the same is filed on or before the close of court within twenty days after service of the petition upon the respondent(s), or such shorter time as the court may have allowed, or, in the case of preliminary objections, on the date on which an answer to the preliminary objections is due pursuant to the Pennsylvania Rules of Civil Procedure. The requirements of Pa.R.C.P. No. 1029 shall apply to this provision.

4.  Amend rule 206.1.B(7) to read as follows:

   (7)  When Answer is Filed--When an answer has been timely filed and the issue raised by the petition is ripe for consideration, pursuant to the provisions of Pa.R.C.P. No. 206.7, any party may file a praecipe for determination in the form described by C.C.R.C.P. No. 206.2 along with a supporting brief. If a petitioner files a praecipe for determination on petition and answer, all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted. If a respondent orders the matter for argument on petition and answer without having taken depositions or such other discovery as the court may have allowed, then all averments of fact properly pleaded in the petition shall be deemed admitted for the purposes of the rule, unless the petitioner shall have failed to take depositions or such other discovery as the court may have allowed within the time required, in which event the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer, shall be deemed admitted pursuant to Pa.R.C.P. No. 206.7(c). Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination. The assigned judge may, at his or her discretion, extend the time for filing briefs.

5.  Amend rule 206.1.B(8) to read as follows:

   (8)  Form of Rule Returnable

   [present subparagraphs (a), (b) & (c) deleted]

   (a)  The petitioner shall attach to the petition a proposed order substantially in the following form:

(CAPTION)

ORDER

   AND NOW, this            day of      , 199   , upon consideration of the foregoing petition, it is hereby ordered that

   1)  A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;

   2)  The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;

   3)  The petition shall be decided under Pa.R.C.P. No. 206.7;

   4)  Depositions shall be completed within forty-five (45) days of the service upon petitioner of the answer to the petition;

   5)  Notice of the entry of this order shall be provided to all parties by the petitioner.

BY THE COURT:
__________
J.

   (b)  In instances where the order seeks a stay order or other substantive relief or seeks to have a hearing date set immediately or otherwise requests special immediate relief, the form of the order shall be modified accordingly and the order shall contain such of the following provisions as are appropriate:

   A hearing on the within petition is hereby scheduled to be held on the ______ day of ______ , 199 __ , in Courtroom No. __ , of the Courthouse of Chester County, West Chester, Pennsylvania.

and/or

   [If a stay is being requested]

   All proceedings shall stay in the meantime. The petitioner is directed to file a bond in the amount of $ ____ by the following date: ______ . Upon cause shown by the respondent, the court may increase the amount of the bond or security.

6.  Amend Rule 206.1.D(3) to read as follows:

   (3)  Where the preliminary objections are in the form of a petition under Pa.R.C.P. No. 1028(a)(1), (5), or (6), no praecipe for determination or brief shall be required until the matter is ready to be submitted to the Court, either upon the basis of the preliminary objections alone, if no answer has been filed, or upon the basis of the preliminary objections and answer thereto, or after a record has been developed pursuant to Pa.R.C.P. No. 206.7. The provisions of C.C.R.C.P. No. 206.1.B(7) shall apply, the objecting party shall be deemed to be the petitioner, all other parties shall be deemed to be respondents, and, further, if the preliminary objections have been endorsed with a notice to plead and no answer thereto has been filed, then upon the filing of a praecipe for determination by any party, all averments of fact property pleaded in the preliminary objections shall be deemed admitted for purposes of the preliminary objections only. If an answer is filed and any party wishes to develop a record on any disputed issues of material fact, depositions shall be completed within forty-five (45) days of the date of service of the answer to preliminary objection upon the party who filed the objections. The time limit for the taking of depositions may be shortened or extended by agreement of the parties or by the court.

7.  Amend Rule 1920.3.A as follows:

   Delete Rule 1920.3.A in its entirety.

8.  Amend Rule 212.1(A) as follows:

   Delete the words ''At least sixty (60) days before'' and substitute in their place the words, ''Prior to the''.

[Pa.B. Doc. No. 96-624. Filed for public inspection April 19, 1996, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.