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. 98-162

THE COURTS

Title 255--LOCAL
COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[28 Pa.B. 481]

Order

   And Now, this 15th day of January, 1998, it is hereby ordered that Dauphin County Local Rule of Civil Procedure 212 is rescinded. Rules 212.1, 212.2, and 212.3 are promulgated as follows:

Rule 212.1.  Notice of Earliest Trial Date. Filing of Pre-Trial Statements.

   (a)  Notice of civil jury trial dates required by Pa.R.C.P. 212.1(a) shall be effectuated by publication of the annual civil court calendar in the Dauphin County Reporter no later than November 1 of the year prior to the calendar's effective date. Cases shall be listed for trial in accordance with Dauphin County R.C.P. 215.1.

   (b)  Each party to an action which has been listed for civil jury trial shall file a pre-trial statement pursuant to Pa.R.C.P. 212.2 no later than seven days prior to the date set for the pre-trial conference. The original statement shall be filed with the Prothonotary and a copy shall be served on the pre-trial conference judge.

   COMMENT:  Pursuant to Pa.R.C.P. 212.1(c)(2), Dauphin County has altered the time frames for filing a pre-trial statement set forth in Pa.R.C.P. 212.1(b).

Rule 212.2.  Contents of Pre-Trial Statements.

   In addition to the requirements of Pa.R.C.P. 212.2, the pre-trial statement shall include:

   (a)  the estimated length of trial;

   (b)  any scheduling problems;

   (c)  any special evidentiary issues;

   (d)  a realistic settlement offer or demand.

Rule 212.3.  Pre-Trial Conferences in Jury Trial Cases.

   (1)(a)  For each term of court, a pre-trial conference for all cases on the civil jury trial list shall be held on a date specially fixed by the Court and published in the court calendar. Assignments designating the judge and the time of the conference shall be noted on the final trial list. Copies of the trial list will be available at the Court Administrator's Office and the Prothonotary's Office.

   (b)  Each party shall be represented at the conference by counsel who will try the case or an authorized representative.

   (2)  Counsel attending the pre-trial conference must have complete authority to stipulate on items of evidence and admissions as well as authority to settle. Counsel shall have the client available for consultation regarding settlement.

   (3)  At the pre-trial conference, efforts shall be made to narrow legal issues, to reach stipulations as to facts not in controversy, to shorten the time and expense of trial, and to discuss the prospects of settlement. The Court, at its option, may enter a pre-trial order to become part of the record of the case, embracing all stipulations, admissions and other matters which have come before it.

   (4)  If counsel fails to appear, the Court may impose appropriate sanctions.

   In addition, Rules 215.1 and 215.2 are amended as follows:

Rule 215.1.  Jury Trials.

   (1)  LISTING--At least [four (4)] six weeks prior to the first day of a session of civil jury trials, any case which is at issue may be listed for trial by the filing of a certificate of readiness with the Prothonotary. . .

.      .      .

Rule 215.2.  Non-Jury Trials and Other Proceedings.

   (1)  Non-jury proceedings include, but are not limited to, Non-Jury Civil Actions, Equity, Discovery Motions, Change of Name Petitions, Special Relief in Divorce Petitions, Minor Settlement Petitions, Appeals from License Suspension, Exceptions to Divorce Master's Report, Tax Sale Exceptions, Preliminary Objections to Jurisdiction or Venue in Actions under the Domestic Relations Code, Zoning Appeals, and Class Actions.

.      .      .

   These amendments shall take effect 30 days after publication in the Pennsylvania Bulletin.

By the Court

CLARENCE C. MORRISON,   
President Judge

[Pa.B. Doc. No. 98-162. Filed for public inspection January 30, 1998, 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.