THE COURTS
Title 255--LOCAL
COURT RULES
BLAIR COUNTY
Administrative Order Re: Local Rules of Civil Procedure; 98 GN 907
[28 Pa.B. 1128]
Order Now, this 6th day of February, 1998, pursuant to the provisions of Pennsylvania Rule of Civil Procedure No. 239, the Court Administrator of Blair County shall take the following actions for the accomplishment of implementation of the Rules of this Court relating to procedure to be followed in civil matters as set forth in this Court's Order of February 6, 1998, in order that said Order might take effect Thirty (30) days following the date of its publication in the Pennsylvania Bulletin:
1. File in the Administrative Office of Pennsylvania Courts seven (7) certified copies of the Order of February 6, 1998;
2. Distribute two (2) certified copies of the Order of February 6, 1998, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and,
3. File one (1) certified copy of the Order of February 6, 1998, with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.
Order Now, this 6th day of February, 1998, this Court having recognized the need for revision of the Local Rules of Civil Procedure applicable to proceedings had within its jurisdiction and having accomplished such revision after full and complete study now provides the following Order:
It Is Hereby Ordered, Directed and Decreed that the revised Rules of Civil Procedure for this Court (following hereto and made part hereof) are adopted and shall be controlling of practice before this Court effective Thirty (30) days after the date of publication of said Rules in the Pennsylvania Bulletin as required by the Supreme Court of Pennsylvania.
By the Court
THOMAS G. PEOPLES, Jr.,
President JudgeRule 76. Definitions.
Local Rules--These rules apply to any matter of business coming before this Court, unless designated otherwise.
Status Conference--A meeting among counsel and the Court to take place early in the litigation or at any other point the Court deems necessary to move the case toward resolution. No pretrial narratives are necessary. Counsel should be prepared to discuss the present status of the lawsuit, appropriate time limits for discovery, and possible use of Alternative Dispute Resolution. The Court may set discovery deadlines at this time and may schedule a formal pre-trial. See Rule 360.
Pretrial Conference--A meeting among counsel, the Court and such other persons as directed to be present or permitted to attend by the Judge. The purpose shall be to discuss the posture of the case, including settlement, in an effort to prepare the case for trial. A formal narrative is required for this conference. See Rule 365.
Settlement Conference--A meeting among counsel, litigants, the Court and other such persons as directed to be present or permitted to attend by the Judge with the purpose of resolving the action. All persons with settlement authority will be required to attend unless specifically excused.
Request for Argument/Hearing--An order of Court setting a date, time and location for hearing on a petition or motion requiring a decision of Court. See Rule 275.
Summary Jury Trial--An alternative dispute resolution tool to be scheduled upon request of the parties and/or at the direction of the Court. The purpose of the Summary Jury Trial is to provide an expedited proceeding which promotes settlement of the action. The attendance of the parties with authority to settle, including insurance adjuster, is mandatory. See Rule 1400.
Blair County Bar Association Mediation Program--An alternative dispute resolution tool which utilizes the time and skills of several experienced members of the Blair County Bar who act as voluntary, neutral mediators providing the parties with an opportunity to expand and develop areas of agreement which can resolve their dispute at considerable savings of financial and human resources to everyone involved. Submission of cases to the Blair County Bar Association Mediation Program is completely voluntary. See Rule 1500.
Rule 211. Oral Arguments.
(a) It is the preference of the Court to decide all motions on briefs. Oral arguments are difficult to timely schedule and act to delay the progress of cases.
(b) Counsel may request oral argument in situations where a brief is insufficient to properly set forth the argument. The request for oral argument must be made in writing within ten (10) days of the filing of the motion.
(c) The request for argument shall be submitted to the Court Administrator's Office along with a statement setting forth the reasons for the necessity of oral argument.
(d) The Court Administrator's Office shall refer the matter to the trial Judge and it shall be within the discretion of the Judge whether the argument will be scheduled.
(e) The Court, upon its own motion, may schedule oral argument as it deems necessary.
Rule 216. Continuances.
(a) The Court disfavors continuances due to the difficulty in promptly rescheduling matters. All applications for continuance shall be made by written motion. The motion shall specify the factual basis for the request of the proposed continuance. The request for continuance shall be filed with the Court Administrator's Office and will be forwarded to the assigned Judge.
(b) Any request must specify the position of the opposing party/parties. Failure to specify the position of opposing party/parties may result in automatic denial of the request.
(c) Requests for continuances shall be made at least two (2) weeks in advance of the hearing date. Where the continuance is not timely filed, the reasons for the delay shall be specifically set forth in the motion.
(d) Any continuance request shall contain certification that the client has been notified and does not oppose the request.
(e) The Court Administrator's Office shall notify the requesting party of the Court's decision on the motion and it shall be the requesting party's obligation to notify all parties of record.
(f) Continuance forms shall be prescribed by the Court and obtained from the Court Administrator's Office.
Rule 275. Request for Argument/Hearing.
(a) All petitions requiring a decision of Court, except for Motions for Summary Judgment, Judgment on Pleadings or Preliminary Objections, shall have attached a request similar in form to that reproduced below.
(b) All petitions containing a request shall be forwarded to the Court Administrator's Office by the Prothonotary.
(c) Once a request has been signed by a Judge, the Court Administrator's Office shall phone the moving party to inform them of the date, time and location of the argument/hearing.
(d) It shall be the responsibility of the moving party to notify all other parties of record of the date, time and location of the argument/hearing.
(e) Counsel shall be afforded the option of obtaining dates and times for requests for hearing by presenting the motion or petition to the Assistant Court Administrator immediately prior to the beginning of Motions Court. The District Court Administrator will submit the request for argument/hearing to the Motions Court Judge for signature. The moving party remains responsible for notice to the other parties of record.
__________
IN THE COURT OF COMMON PLEAS OF
BLAIR COUNTY, PENNSYLVANIA_________________
VS: NO: ______
_________________REQUEST FOR ARGUMENT/HEARING
AND NOW, this ______ day of ______, 199 __ , argument/hearing is set for the ______ day of ______ , 199 __ , at ______ o'clock __ M. in Courtroom No. ______ .
BY THE COURT:
_________________ J.Rule 310. Presentation of Motions and Petitions.
(a) All motions and petitions requesting an Order of Court shall be filed with the Prothonotary's Office, which shall forward the motion or petition to the Court Administrator's Office for placement with the assigned Judge.
Exceptions:
The following motions or petitions may be filed directly with the Court Administrator's Office, which will forward them to the appropriate Judge:
1. Motions for continuance, except with respect to juvenile and domestic matters [see (d) below].
2. Petitions for Court approval of stipulations or agreements.
3. Requests for Argument/Hearing or agreed upon Order may be presented to the Assistant Court Administrator immediately prior to the beginning of Motions Court. The Assistant Court Administrator will then assign a date and time and will submit the Request for Argument/Hearing or Order for the Judge to execute said Order without counsel being present. See Rule 275.
(b) All Protection from Abuse Petitions shall be filed with the Court Administrator's Office.
(c) Any motion or petition may be submitted directly to the assigned Judge where leave of Court to do so has been requested and granted.
(d) All juvenile and domestic petitions, agreements and continuances shall be filed with the juvenile or domestic offices.
(e) Counsel shall always prepare and submit with any motion or petition a suggested Order granting the requested relief.
(f) Any such motion or petition which is based upon a statute or Rule of Court shall cite the specific statute or rule which authorizes the requested relief.
(g) The movant and respondent shall serve copies of their respective filings upon the opposing party at the time such filings are clocked in with the Prothonotary's Office in order to afford opposing counsel immediate notice of the filing. After receiving a date for hearing, counsel for the moving party shall inform the opposing counsel of the date and time of the hearing. Counsel shall likewise serve the opposing party with signed Orders for hearings.
Rule 320. Motions for Decision.
(a) This rule shall apply to Preliminary Objections, Motions for Judgment on the Pleadings and Summary Judgment Motions.
(b) The original motion and brief shall be filed with the Prothonotary with the exception of Preliminary Objections (See Rule 325 Briefs), who shall then transfer the motion and brief to the Court Administrator's Office.
(c) The Court Administrator shall transfer the file to the assigned Judge for decision once all briefs are received or in the event a brief is not received, in accordance with Rule 325, the Court Administrator's Office shall notify the assigned Judge so an appropriate Order may be issued.
Rule 325. Briefs.
1. Timing of Briefs
a. No later than twenty (20) days after the filing of Preliminary Objections, the moving party must file a supporting brief.
b. Motions for Summary Judgment and Motions for Judgment on Pleadings shall be accompanied by a supporting brief.
c. The motions and briefs shall be filed with the office of the Prothonotary.
d. All response briefs shall be filed no later than twenty (20) days of receipt of the moving party's brief.
e. Service shall be made in conformance with Pa.R.C.P. § 440.
f. All requests for extensions of the twenty (20) day period to file responsive briefs shall be submitted in writing to the Court Administrator's Office and will be referred to the trial Judge for consideration.
2. Failure to File Briefs
a. If a Motion for Summary Judgment or a Motion for Judgment on the Pleadings is filed without a supporting brief, the Motion will be dismissed by Order of Court.
b. If a brief in support of Preliminary Objections is not filed within twenty (20) days after the Preliminary Objections have been filed, they shall be dismissed by Order of Court.
c. If a reply brief is not timely filed, the Court may dispose of the motion without such response brief and/or a monetary sanction may be imposed by the Court.
d. If any motion is settled or withdrawn prior to disposition, the moving party shall so inform the Court Administrator in writing.
Rule 330. Format and Contents of Briefs.
(a) The brief of the moving party shall contain a statement of the questions involved, a history of the case, and argument. The brief of the adverse party need contain only his argument, but may add a counter-statement of the questions involved and a counter-history of the case.
(b) The statement of the questions involved shall set forth each question separately.
(c) The history of the case shall begin with a statement of the form of the action or proceeding followed by a concise, chronological statement.
(d) The argument shall be divided into as many parts as there are questions to be argued, each part with a heading indicating the particular question discussed therein. If reference is made to the evidence or charge, the arguments shall set forth an immediate connection therewith or in a footnote thereto as reference to the page of the transcript where the matter referred to appears.
Rule 350. Faxed Documents.
(a) Faxed documents may not be filed directly with the Prothonotary in the absence of the specific direction of the trial Judge.
(b) The Court Administrator's Office shall be contacted prior to faxing any documents to be docketed. A hard copy shall be mailed to the attention of the Court Administrator's Office within seventy-two (72) hours of faxing the document. Failure to comply may result in appropriate sanctions.
Rule 360. Status Conference.
(a) This rule shall govern the conduct of status conferences.
(b) In any complex case or other action which the Court deems applicable, a status conference may be scheduled by the Court for purposes of discussing the following, including but not limited to:
1. The facts of the case;
2. The status of discovery and what discovery is anticipated in the case;
3. Any novel legal questions which are or may be at issue in the case;
4. The status of the settlement demand and any responsive offers; and
5. Setting of discovery deadlines.
(c) Status conferences shall be scheduled upon request of the parties or in the discretion of the Court after the pleadings are closed.
(d) Subsequent to the status conference, the Court may issue any Order deemed necessary providing counsel with dates and times for any future proceedings that may be required.
(e) No written narratives need be filed for status conferences.
Rule 365. Pretrial Procedure.
I.
A. Pretrial conferences shall be scheduled in accordance with the Civil Case Management rules, or at the direction of the trial Judge.
B. The pretrial Judge shall generally be the trial judge.
C. Notice of the pretrial conference shall be contained within an order issued by the trial judge. Notice shall be provided, in most cases, at least thirty (30) days in advance of the pretrial.
D. Narratives shall be required for the first pretrial and shall be filed fifteen (15) days prior to the date of conference.
E. The narrative shall contain the following:
1. A brief summary of the facts;
2. All items of economic damages which the Plaintiff intends to prove, including medical bills, property damage bills and loss of earnings;
3. The names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses;
4. Copies of all reports of any expert who treated, examined, or was consulted in connection with the injuries complained of, and who may be called as an expert witness;
5. Copies of all reports of any expert whose opinion will be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert;
6. Any special legal or evidentiary issues;
7. The estimated length of trial;
8. Any scheduling problems;
9. The settlement demand and any responsive offers; and
10. A list of exhibits anticipated to be used at the time of trial.
F. At least one week prior to the time fixed for the pretrial conference, all parties shall confer and consult with each other as often as may be necessary for the following purposes:
1. To explore in every respect the possibility of settlement, including exchange of good faith demand and offer; and
2. To consider the factual and legal issues involved.
G. Supplements to a written pretrial memorandum may be filed by any party after their original pretrial memorandum has been filed. However, no supplemental pretrial may be filed later than thirty (30) days prior to the scheduled jury selection. Should any party need additional time for preparation or discovery as a result of a supplemental pretrial memorandum being filed, a petition must be promptly filed with the Court seeking such an extension of time prior to the scheduled trial date.
H. Any narrative and/or supplement not timely filed may result in a fine and a copy of the sanctioning order shall be sent to the litigants by the Court.
II.
Counsel attending the pretrial conference must have complete authority to stipulate regarding items of evidence and admissions, and must have full settlement authority. Counsel shall have the client and/or those with settlement authority available either in person or by phone for consultations regarding settlement.
III.
At the pretrial conference, counsel shall be prepared to discuss fully with the Court the possibility of settlement of the case. At the conclusion of the conference, the judge shall make an order reciting the actions taken at the conference, including: the agreements made by the parties as to any of the matters considered, the issues of trial, and the admissions of fact obtained at the conference. The pretrial conference Order shall include a date for the filing of any pretrial motions and supporting briefs, voir dire questions, and a scheduled date for argument relative thereto.
IV.
Motions for Summary Judgment, consolidation, bifurcation, and severance must be made at least 30 days before the date of the pretrial conference.
Such motions generally require a decision before meaningful progress can be made in preparing a case for trial or negotiating a resolution to the lawsuit. It is the preference of the Court to resolve these matters prior to the pretrial conference if possible.
Rule 375. Discontinuance.
(a) Any discontinuance of an action shall be in accordance with Pennsylvania Rules of Civil Procedure and therefore entered by praecipe for discontinuance upon the docket of said action by a Plaintiff or by an attorney for the Plaintiff at the Plaintiff's direction. A discontinuance may also be entered by a written direction to the Prothonotary signed by the Plaintiff's attorney or by the Plaintiff, if duly notarized, and the same shall be accepted by the Prothonotary if all costs due the Prothonotary have been paid.
(b) Counsel shall provide a copy of any praecipe for discontinuance to the Court Administrator's Office simultaneous with providing the original to the Prothonotary's Office in order for scheduled matters to be promptly removed from the Court schedule so that counsel's appearance will not be expected by the Court. Any written direction to the Prothonotary complying with this rule may be sent to the Prothonotary by mail and shall be accepted for filing.
(c) Failure of Plaintiff's counsel of record to file a praecipe for discontinuance upon the settlement or withdrawal of such action shall result in a fine of up to One Hundred ($100.00) Dollars within the discretion of the Court and/or a hearing will be set for the attorney to explain the reasons for their failure to discontinue the action. Their client(s) must also attend.
Rule 1301. Arbitration.
1. Cases for Submission:
a. By the Court Administrator--The Court Administrator, through Civil Case Management, will schedule all Civil Cases which are at issue wherein the amount in controversy (exclusive of interest and costs) shall be Twenty-five Thousand Dollars ($25,000.00) or less, per the pleadings. This includes all appeals from a civil judgment of District Justices, except those involving title to real estate or actions in equity. The above cases identified shall be submitted to, heard and decided by a Board of Arbitration, consisting of three (3) members of the Bar of the Court of Common Pleas to be selected as hereinafter provided.
b. By the Parties--Cases, whether or not at issue, regardless of amount or subject in controversy, may be referred to a Board of Arbitration by Agreement of Reference signed by all parties or their counsel, and may contain stipulations with respect to facts submitted or agreed upon or defenses waived. In such cases, the Agreement of Reference shall take the place of the pleading in the case and shall be filed of record.
c. By Arbitration Certificate of Readiness--Counsel for either party may prepare and file with the Prothonotary an Arbitration Certificate of Readiness as hereinafter set forth. Certificate of Readiness forms shall be prescribed by the Court and obtained from the Court Administrator's Office. Counsel and/or pro se parties shall serve a copy of the Certificate of Readiness on each party and attorney of record.
d. By the Court--Cases may be referred to arbitration where the Court is satisfied that the matter involves Twenty-five Thousand Dollars ($25,000.00) or less, in accordance with Pa.R.C.P. § 1021(d).
Rule 1302A. Arbitrators.
Arbitrators will be selected from a Court-approved list after consultation with the Bar. No attorneys from the same law firm or office will serve on the same panel. One attorney will serve as the Case Manager, as designated by the Court.
a. Three (3) attorneys will serve on one panel. There will be weekly panels selected each year. Panels will meet on Thursdays in the designated Courtroom. The Case Manager will be responsible for:
1. Assuring readiness for arbitration--discovery completion, outstanding motions status.
2. Reviewing estimated trial time.
3. Discussing and encouraging resolution through pro bono mediation or other forms of alternative dispute resolution prior to hearing.
b. Following receipt of assigned case list, the Case Manager will contact the attorneys and/or parties in each case within ten (10) days after receiving the assignment.
c. The Case Manager shall obtain files and award forms from the Court Administrator and return files and awards to the Court Administrator, who files the awards with the Prothonotary.
d. The Case Manager will swear in the panel and take the oath.
e. Substitutions for panel members will be processed by the Court Administrator, who will secure a Court Order naming any substitute panel member.
Rule 1303A. Hearings.
All hearings shall be held in the Courthouse unless necessity dictates otherwise.
a. Counsel shall work diligently to assure settlements will be reached prior to the arbitration hearing. Earlier agreements allow for more efficient use of everyone's time.
b. In the event of a settlement agreement reached prior to hearing date, Plaintiff's counsel shall notify the Case Manager in writing before the hearing date. Otherwise, the Plaintiff will be charged arbitrators' fees for the total arbitration panel.
c. In the event both sides fail to appear for any reason without a continuance having been granted, each party shall be responsible proportionately for the arbitrators' fees. Said fees must be paid to the Prothonotary within thirty (30) days from date of the scheduled arbitration. Fees will be established by the Court.
Rule 1304 and 1305. Conduct of Hearing.
a. The Board of Arbitrators shall conduct the hearing in accordance with Pa.R.C.P. 1304 and 1305.
b. Every document submitted, pursuant to Rule 1305(b) of the Pennsylvania Rules of Civil Procedure, shall state the name and present address of the individual or entity who provided the information contained in the document.
c. The Arbitration Case Manager does not have the duty or power to grant any continuance. Continuances are filed through the Court Administrator and may only be granted by the Court.
d. The panel is to be sworn in by the Case Manager who will also take the oath at the same time as the panel (in accordance with the Pa.R.C.P. 1302).
Rule 1308. Appeal. Arbitrator's Compensation. Notice.
a. Appeals from an award of a Board of Arbitrators shall be in conformity with Pa.R.C.P. 1308.
b. The Court of Common Pleas will establish the amount of compensation for arbitrators by Court Order. The members of the panel shall not be entitled to receive their fees until after filing the award with the Court Administrator.
c. Attorneys of record or parties who have no attorney shall be notified of an award of a Board of Arbitrators by the Prothonotary, in conformity with Pa.R.C.P. 1307.
In all other respects not clarified or established herein, the Pennsylvania Rules of Civil Procedure for Compulsory Arbitration (Rule 1301 et seq) shall be applicable. A copy of these rules is available in the Blair County Law Library.
[Pa.B. Doc. No. 98-328. Filed for public inspection February 27, 1998, 9:00 a.m.]
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