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PA Bulletin, Doc. No. 96-2053

THE COURTS

ALLEGHENY COUNTY

Rule of Court of Common Pleas 249: Authority of Individual Judge; No. 5 of 1996 Rules Docket

[26 Pa.B. 5882]

Order of Court

   And Now, this 22nd day of November, 1996, pursuant to action of the Board of Judges, the within local Rule 249 which replaces old Rule 249 affecting the Civil Division of the Court of Common Pleas is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

ROBERT E. DAUER,   
President Judge

Rule 249.  Authority of Individual Judge.

   *I.  Motions Judge

   A. 1.  Except as otherwise provided by this rule or special order, the following matters regarding General Docket cases, which are not listed for trial, shall be presented to the Motions Judge, unless the Motions Judge is unavailable and an emergency exists:

   a.  Preliminary objections;

   Note:  See Rule 1028.*1(I) regarding preliminary objections.

   b.  Petitions to open or strike default or confessed judgments;

   c.  Petitions for injunctive relief and subsequent hearings on the petitions;

   (excepting enforcement which shall be presented to the judge who issued the injunctive relief);

   Note:  See Rule 1531*(g) regarding injunctive relief.

   d.  Petitions for writs of seizure and subsequent hearings thereon;

   Note:  See Rule 1075 et seq. Regarding writs of seizure.

   2.  Other motions, petitions and applications may be presented to the Motions Judge unless they are matters that may be presented only to the Special Motions Judge.

   B.  Except in cases of emergency, uncontested motions and petitions shall be presented at 9:30 a.m. or at 1:30 p.m. In July and August, they shall be presented only at 9:30 a.m., on Monday, Tuesday and Thursday.

   C. 1.  Any brief other than a brief in support of preliminary objections, which the moving party intends to submit to the Court for consideration shall be filed with the Motions Clerk and served upon all other parties at least seven (7) days before the date scheduled for argument. Briefs in support of preliminary objections shall be presented to the Motions Clerk at the time of filing the preliminary objections.

   2.  Any brief which a party other than the moving party intends to submit to the Court for consideration shall be filed with the Motions Clerk and served upon all other parties at least three (3) days before the date scheduled for argument.

   3.  The filing of preliminary objections to preliminary objections shall in no way alter or delay the argument from its originally scheduled date and shall be argued at the same time as the original preliminary objections.

   D.  The date and time for argument of any other contested matter shall be obtained in advance from the Chief Motions Clerk in the courtroom of the Motions Judge.

   E.  Written notice shall be served upon all other parties by the party obtaining the hearing date. Except in cases of emergency or waiver by consent of all parties, and except as to preliminary objections and final determinations of rules to show cause, at least ten (10) days written notice shall be required.

   Note:  See Rule 1028.*1(I) regarding preliminary objections. See Rule 206.7* regarding rules to show cause.

   F.  In the event that a matter specially scheduled for argument becomes moot, the moving party shall immediately notify the Chief Motions Clerk and shall clear the record of the pendency of the issue.

   *II.  Special Motions Judge

   Except as otherwise provided by this rule or special order, the following matters shall be presented only to the Special Motions Judge: (1) all matters regarding Arbitration Docket cases, except for request for continuances, and (2) pleading, (except preliminary objections) discovery and other pretrial matters for General Docket cases which are not listed for trial. Other motions, petitions and applications may be presented to the Special Motions Judge unless they are matters that may be presented only to the Motions Judge.

   A.  The procedure for Arbitration matters (including cases transferred from the General Docket) shall be as follows:

   1.  All uncontested matters except for requests for continuance, shall be presented on Fridays at 10:00 a.m., 12:00 noon, or 2:00 p.m.;

   2.  All contested matters including: motions, petitions, preliminary objections and other pre-hearing matters, except for proposed orders for continuance, shall be filed with an Arbitration Clerk who shall at the time of filing schedule a Friday argument date and time.

   B.  The procedure for General Docket cases not listed for trial shall be as follows:

   1.  All uncontested motions shall be presented on Fridays at 10:00 a.m., 12:00 noon or 2:00 p.m.;

   2.  For contested motions, the moving party may obtain a Friday argument date and time, in person or by phone, from the Assignment Room between 1:30 p.m. and 4:30 p.m. or the moving party may, after giving appropriate notice to all other parties, place the matter on the 2:00 p.m. add-on list at anytime after 8:30 a.m. on the Friday on which it will be argued.

   C.  Except in cases of emergency or waiver by consent of all parties, at least ten (10) days written notice of the presentation of a contested matter shall be served by the moving party on all other parties.

   D.  If a matter scheduled for argument becomes moot, the moving party shall notify an Arbitration Clerk or an Assignment Room Clerk.

   *III.  Calendar Control Judge

   A.  Except as otherwise provided in this rule or by special order, all matters regarding cases on a published trial list, including the following, shall be presented to the Calendar Control Judge:

   1.  Petitions or motions relating to pleadings or discovery;

   2.  Proposed orders for continuance of cases on the Arbitration Docket, except that, as to cases which have not been continued previously, if all parties agree, an Adjournment of Hearing form (''green sheet'') shall be presented instead to the Chief Arbitration Clerk on Room 516 Courthouse;

   3.  Proposed orders for continuance of cases on the General Docket;

   4.  Petitions for withdrawal and/or substitution of counsel;

   5.  Petitions for enforcement of subpoenas;

   6.  Matters relating to the selection and examination of prospective jurors;

   7.  Petitions to enforce settlement agreements entered into after a case appears on a published trial list, except those cases settled as a result of a conciliation by another judge, which petitions shall be presented to that judge;

   8.  Petitions for impartial medical examinations or for appointment of other impartial expert witnesses;

   9.  Petitions for approval of settlement of minors' and incompetents' claims and wrongful death and survival claims and,

   Note:  See, Rule 2039*1 regarding settlement of minors' claims. See, Rule 2064*1 regarding settlement of claims of incapacitated persons.

   10.  All matters not otherwise provided for regarding cases on a published trial list.

   B.  All motions and petitions in General Docket cases regarding venue shall be presented to the Calendar Control Judge, regardless of whether or not the case appears on a published trial list.

   C.  All matters shall be presented each morning at 9:00 a.m. prevailing time, following the call of the daily trial list and during non-trial term, at such times as the Calendar Control Judge may from time to time designate in the daily Pittsburgh Legal Journal.

   D.  Except in cases of emergency or waiver by consent of all parties, at least ten (10) days written notice of the presentation of a contested matter shall be served by the moving party on all other parties.

   E.  In the event that a matter specially scheduled for argument becomes moot, the moving party shall so notify the judge's secretary immediately.

   *IV.  Complex Case Judge

   A.  Applications for designation of cases as complex, other than class actions and toxic substance cases, shall be presented to the Complex Case Judge.

   B.  A case may be considered complex when the case cannot be tried within ten (10) days, when there are complex questions of law and fact, or when the orderly administration of justice requires that the case be assigned to a single judge.

   C.  If a complex case is also a toxic substance case, it shall be assigned to the Toxic Substance Case Judge. If a complex case is also a class action, it shall be assigned to the Class Action Judge.

   *V.  Toxic Substance Case Judge

   A.  Actions for personal injury or property damage caused by asbestos, or such other toxic substances as the court by administrative order may designate from time to time, unless designated as a class action, upon filing shall be assigned to the Toxic Substance Case Judge, prior to the case being assigned to a general trial list.

   B.  A toxic substance case, that is also filed as a class action, shall be assigned instead to the Class Action Judge.

   Note:  To determine whether a toxic substance other than asbestos has been made subject to this rule by administrative order, parties may contact the secretary of the Administrative Judge. See Rule *198.6, Appendix B, regarding General Docket Code.

   *VI.  Class Action Judge

   Class Action cases, upon filing, shall be assigned to the Class Action Judge in accordance with Pa.R.C.P. 1701 et seq.

   Note:  See Rule *198.6, Appendix B, regarding General Docket Code.

   *VII.  General Argument List for General Docket Cases

   A.  Except as otherwise ordered in accordance with Pa.R.C.P. 227.2 or by special order, motions for judgment on the pleadings and motions for summary judgment shall be placed on the General Argument List and heard by a single judge.

   B.  All motions for judgment on the pleadings and motions for summary judgment shall be presented to a Calendar Control Clerk and clocked before being filed in the Office of the Prothonotary. Those motions which have been filed by 2:00 p.m. on the fortieth day before a scheduled argument date shall be placed on the argument list for that date.

   Note:  See Rule *198.6(A)(10) regarding additional information required on Identification sheet.

   C.  No case which currently appears on a published trial list may be scheduled for argument without leave from the Calendar Control Judge.

   D.  Argument lists shall be printed in the daily edition of the Pittsburgh Legal Journal at least thirty (30) days before the date scheduled for argument.

   E.  In the event that a matter scheduled for argument becomes moot, the moving party shall so notify the court immediately and shall clear the record of the pendency of the matter. Prior to the publication of the argument list, notice shall be given to the Chief Calendar Control Clerk; subsequent to publication of the argument list, notice shall be given to the secretary of the judge to whom the argument has been assigned. Notification regarding Arbitration matters shall be given to an Arbitration Clerk.

   F.  Briefs on behalf of the moving party shall be attached to the motion, separately tabbed. Response briefs shall be presented to the argument clerk and filed at least seven (7) days prior to argument.

   Note:  This Rule was not intended to list every conceivable type of motion/petition filed, and to which Court each type of motion/petition should be presented. Accordingly, some overlap in function among the Judges mentioned herein may occur. When in doubt, counsel are advised to consult with the Chief Motions Clerk to determine the proper Court for presentation of the motion/petition.

[Pa.B. Doc. No. 96-2053. Filed for public inspection December 6, 1996, 9:00 a.m.]


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