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PA Bulletin, Doc. No. 96-670

THE COURTS

ALLEGHENY COUNTY

Rules of Court of Common Pleas; No. 3 of 1996 Rules Docket

[26 Pa.B. 2000]

Order of Court

   And Now, this 11th day of April, 1996, pursuant to action of the Board of Judges, the following local rules affecting the Summary Appeals Branch of the Court of Common Pleas are adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

ROBERT E. DAUER,   
President Judge

Proposed Local Rules of the Summary Appeals Branch of the Court of Common Pleas of Allegheny County

Rule 1.  Filing of Appeals.

   A.  Appeals from summary criminal convictions, ordinance violations and summary convictions for offenses of the Pennsylvania Vehicle Code shall be filed with the office of the Clerk of Courts of Allegheny County in accordance with the Pennsylvania Rules of Court, ''Pennsylvania Rules of Criminal Procedure,'' Rule 86.

   B.  Appeals from summary determinations and orders of civil service commissions, zoning boards, the Pennsylvania Liquor Control Board, the Pennsylvania Department of Transportation and other miscellaneous summary proceedings from which appeal to the Court of Common Pleas is specifically authorized by statute shall be filed with the office of the Prothonotary of Allegheny County in accordance with the Pennsylvania Rules of Court, ''Rules of Conduct, Office Standards and Civil Procedure for District Justices,'' Rule 1005.

Rule 2.  Notice of Appeal.

   The appellant shall notify the respondent (appellee) and the District Justice, City Magistrate, governmental agency, department, board or commission in writing of the appeal and the date of hearing at least thirty (30) days prior to the scheduled hearing date in accordance with the Pennsylvania Rules of Court, ''Rules of Conduct, Office Standards and Civil Procedure for District Justices'', Rule 1005, or Rule 86 of the ''Pennsylvania Rules of Criminal Procedure,'' whichever is applicable.

Rule 3.  Determination of Timeliness of Appeal.

   The office of the Prothonotary of Allegheny County and the office of the Clerk of Courts of Allegheny County shall, upon presentation of a summary appeal to the Court of Common Pleas for filing, determine if the appeal is timely. All untimely attempts to file appeals shall be rejected by the filing agency unless an order granting allowance of appeal nunc pro tunc accompanies the appeal.

Rule 4.  Sessions of Court.

   The regular sessions of court shall be held daily before the assigned judge, except Saturdays, Sundays, and legal holidays, commencing at 8:30 o'clock a.m. and 1:00 o'clock p.m. unless otherwise ordered by the President Judge.

Rule 5.  Notice of Presentment of Motions.

   The moving party shall notify the respondent in writing of any presentment (with the exception of petitions to proceed in forma pauperis) at least five (5) days prior to the date of said presentment.

Rule 6.  Motions.

   All petitions, motions (including motions for postponement) and miscellaneous business shall be presented before the assigned motions judge on Mondays at 8:30 o'clock a.m. In the event that any Monday is an official court holiday or that the court is closed by order of the President Judge, all such matters shall be presented on Tuesday at 8:30 o'clock a.m. unless otherwise ordered by the President Judge.

Rule 7.  Motions for Postponement.

   Motions for postponement of cases shall be presented a minimum of seven (7) days prior to the scheduled hearing date of the case unless otherwise permitted by the court upon a showing of good cause. All such motions shall be completed using the forms supplied by the Summary Appeals Branch of the Court of Common Pleas. Motions granted by the court shall be filed with the appropriate filing agency and the appropriate filing fee paid within three (3) days of the date of the granting of the motion.

Rule 8.  Petitions for Reconsideration.

   Petitions pursuant to 42 Pa.C.S. 5505 shall be filed directly with the Summary Appeals Branch of the Court of Common Pleas and forwarded by the court to the assigned judge for review. Argument on such petitions may be held at the discretion of the assigned judge.

Rule 9.  Petitions to Proceed in Forma Pauperis.

   Petitions to proceed in forma pauperis in the Summary Appeals Branch of the Court of Common Pleas shall be presented before the court within twenty (20) days of the date of the decision of the issuing authority (District Justice or City Magistrate). Such petitions shall be presented before the assigned motions judge on Mondays at 8:30 o'clock a.m. At the time of presentment Petitioner shall document all averments contained in the petition.

Rule 10.  Advisement of In Forma Pauperis Presentation.

   In addition to the mandate of Pa.R.C.P. 83(e) regarding advisement of appellate rights by the issuing authority (District Justice or City Magistrate) defendant shall be advised by the issuing authority that petitions to proceed in forma pauperis in the Summary Appeals Branch of the Court of Common Pleas shall be presented before the court within twenty (20) days of the date of the decision of the issuing authority.

Rule 11.  Scheduling of Miscellaneous Summary Appeals and Motions.

   A.  The assigned judge presiding over summary appeals to the Court of Common Pleas from determinations of the Pennsylvania Labor Relations Board, Civil Service Commissions, School Boards, Water and Sewer Authorities, Housing Authorities, and other local and non-local agencies (with the exception of the Pennsylvania Liquor Control Board and Zoning Boards) shall hold the hearing, conference or conciliation within thirty (30) days of the assignment of the case to the court. Presentment of petitions, motions and other miscellaneous business shall be completed according to the procedure implemented by the assigned judge.

   B.  The assigned judge presiding over summary appeals to the Court of Common Pleas from determinations of the Pennsylvania Liquor Control Board and Zoning Boards shall schedule the date and time of hearing, conference or conciliation and any other necessary proceedings including the presentment of all petitions, motions and other miscellaneous business. Presentment of petitions, motions and other miscellaneous business shall be completed according to the procedure implemented by the assigned judge.

Rule 12.  Disposition of Miscellaneous Summary Appeals.

   A verdict in miscellaneous summary appeals (with the exception of appeals from zoning boards and the Pennsylvania Liquor Control Board) shall be entered within thirty (30) days of the date of hearing, conference, or conciliation. The filing of briefs shall be completed according to the procedure implemented by the assigned judge.

Rule 13.  Withdrawal of Appeals.

   Summary Appeals to the Court of Common Pleas from summary criminal convictions, ordinance violation convictions, vehicle code violation convictions and orders of the Pennsylvania Department of Transportation may be withdrawn at any time by the personal appearance of appellant or appellant's counsel before the court. Withdrawal of miscellaneous summary appeals shall be completed according to the procedure implemented by the assigned judge.

[Pa.B. Doc. No. 96-670. Filed for public inspection April 26, 1996, 9:00 a.m.]


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