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PA Bulletin, Doc. No. 96-672

THE COURTS

MONROE COUNTY

Civil Court Rules

[26 Pa.B. 2002]

Order

   And Now, April 4th, 1996, the following Civil Court Rules 206 and 207 are adopted to be effective June 1, 1996. Local Civil Rules 206 and 207 heretofore adopted are rescinded effective June 1, 1996.

   This is a certified copy of the proposed Civil Court Rules 206 and 207 to be adopted June 1, 1996.

By the Court

RONALD E. VICAN,   
President Judge

Rule 206.  Petition and Rule to Show Cause Practice.

   1.  A petition and rule to show cause may be used to bring before the court any proper matter for which no other specific procedure is authorized or in which only a petition is prescribed as the authorized procedure for bringing such matter before the court for disposition.

   2.  A rule to show cause shall be issued at the discretion of a judge of the court as contemplated by Pa.R.C.P. 206.5. The court, upon its own initiative, may schedule an evidentiary hearing on disputed issues of material fact and may, in its discretion, provide for disposition of the matter on briefs, without the necessity of oral argument. In such instances, the court shall establish a briefing schedule in its initial order.

   3.  All petitions shall contain a certification by counsel for the moving party that concurrence in the petition has been sought from all opposing counsel and that such concurrence has been granted or denied. Where concurrence has been granted, the written concurrence of opposing counsel shall be attached to the petition.

   4.  All petitions, except those made in the course of trial or hearing, shall be in writing. All written petitions shall be signed by counsel and may be filed at any time during regular business hours with the prothonotary (civil division), clerk of courts (criminal division), or clerk of orphans' court1 or presented to the motions court judge at a time specified on the court calendar. Counsel's signature upon a petition shall constitute a certification that counsel has read the petition and that, to the best of counsel's knowledge, information and belief, it is supported by sufficient legal or factual grounds and that it is not interposed merely for delay. The prothonotary/clerk of courts shall deliver daily a petitions list with accompanying petitions to the court administrator to monitor and assign to a judge.

   5.  All petitions and answers thereto, shall comply with the provisions of Pa.R.C.P. 206.1 through 206.3.

   6.  The party obtaining the issuance of a rule to show cause shall forthwith serve a true and correct copy of the court order entering the rule and specifying a return date, along with a copy of the underlying petition, upon each attorney of record and unrepresented party in the manner prescribed by Pa.R.C.P. 440. An affidavit of service shall be filed within five (5) days with the prothonotary/clerk of courts and court administrator.

   7.  If no answer is filed on or before the return date, the moving party may file a motion to make the rule absolute. A motion to make the rule absolute shall evidence compliance with the service requirements of Pa. R.C.P. 440, setting forth the time, place and nature of service. No rule shall be made absolute without certification that the petition and rule to show cause have been served in compliance with Pa.R.C.P. 440. Counsel or the moving party shall make such certification under oath or in conformance with Pennsylvania Rules of Civil Procedure.

   8.  Failure to comply with any provision of this rule may constitute sufficient grounds for the court to dismiss the petition and/or deny any requested relief.

Rule 207.  Motion Practice.

   1.  All motions, except those made in the course of trial or hearing, shall be in writing. All written motions shall be signed and presented at motions court or filed with the prothonotary (civil division), clerk of courts (criminal division), or clerk of orphans' court.2 Counsel's signature upon a motion shall constitute a certification that counsel has read the motion and that, to the best of counsel's knowledge, information and belief, the underlying circumstances which give rise to the filing of the motion are based upon either sufficient legal or factual grounds and that it is not interposed merely for delay.

   2.  All motions shall state with particularity those grounds upon which relief is sought and, where written, shall be in paragraph form in conformity with Pa.R.C.P. 207. Further, all written motions shall cite any statute or procedural rule authorizing the grant of such relief.

   3.  Except for motions enumerated in subsection (4), all motions shall contain a certification by counsel for the moving party that concurrence in the motion has been sought from all opposing counsel and that such concurrence has been granted or denied. Where concurrence has been granted, the written concurrence of opposing counsel shall be attached to the motion.

   4.  At the time of filing motions authorized by Pa. R.C.P. 1028 (preliminary objections), 1034 (judgment on the pleadings), 1035 (summary judgment), and 1509 (preliminary objections), the moving party shall also file a praecipe to place the matter on the first argument list set forth on the court calendar occurring more than thirty (30) days following the date of filing the motion. Briefs in support of legal propositions shall be filed in accordance with 43 J.D.R.C.P. 210 and 211.

   5.  At the time of presentation at motions court or filing with the prothonotary, clerk of courts, or clerk of orphans' court, the party filing the motion shall forthwith serve a true and correct copy of the motion, proposed order, praecipe for argument (if applicable), upon each attorney of record and unrepresented party in the manner prescribed by Pa.R.C.P. 440. Within seven (7) days, the party filing the motion shall file with the court an affidavit of service indicating the time, place and manner of service.

   6.  The legibility of all attachments, exhibits and photocopies shall be the sole responsibility of counsel initiating the motion.

   7.  Failure to comply with any provision of this rule may constitute sufficient grounds for the court to deny the motion.

[Pa.B. Doc. No. 96-672. Filed for public inspection April 26, 1996, 9:00 a.m.]

_______

1  The form and substance of Petition and Rule to Show Cause Practice will be adhered to in criminal court and orphans' court.

2 The form and substance of Motion Practice will be adhered to in criminal court and orphans' court.


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