THE COURTS
Title 255--LOCAL
COURT RULES
ERIE COUNTY
Revision and Restatement of Rules of Civil Procedure
[29 Pa.B. 6239]
Order And Now, this 22nd day of November, 1999, the following revisions and additions to the Rules designated as the Rules of Civil Procedure for the Court of Common Pleas of Erie County, Pennsylvania, are hereby approved, adopted and promulgated as the Rules of Court. These changes, revisions and deletions shall become effective thirty days after the publication of the same in the Pennsylvania Bulletin, and they shall apply to all actions pending at the time.
MICHAEL M. PALMISANO,
Acting President JudgeRule 212.1. Pre-Trial Procedure.
(a) Scope. This Rule shall encompass all civil actions, except actions where jurisdiction lies in the Family/Orphans Court Division.
(b) Case Management Orders (CMO)
1. Case Management Orders--General
(a) At the time of judicial assignment, the Office of Court Administration shall issue a CMO designating dates for the close of discovery, the filing of pre-trial statements, and a proposed trial term.
(b) At any time prior to judicial assignment, the parties may agree to the entry of a CMO by filing a stipulation with the Office of Court Administration and the Prothonotary.
(c) Following the entry of the CMO, any request for modification shall be done by motion filed with the Prothonotary and mailing or delivering a copy to the assigned judge.
2. Case Management Orders--Time Limitations
(a) All CMO's, except those requested by stipulation, which are issued by the Office of Court Administration, shall provide the following time limitations:
(i) Close of discovery within two hundred forty (240) days of the issuance of the CMO.
(ii) Plaintiff's pre-trial statement filed within thirty (30) days of the close of discovery.
(iii) Defendant's pre-trial statement filed within sixty (60) days of the close of discovery.
(iv) Proposed trial term within one hundred twenty (120) days of the discovery, or as close thereto as the availability of trial terms may allow.
(b) If a case has been accepted by the Court as ''complex,'' all CMO's shall designate dates consistent with the following time limitations:
(i) Close of discovery is five hundred forty (540) days from the issuance of the CMO.
(ii) Plaintiff's pre-trial statement filed within forty five (45) days of the close of discovery.
(iii) Defendant's pre-trial statement filed within ninety (90) days of the close of discovery.
(iv) The proposed trial term within one hundred eighty (180) days of close of discovery, or as close thereto as the availability of trial terms may allow.
(c) If a case has been accepted by the Court as ''expedited,'' all CMO's shall designate dates consistent with the following time limitations:
(i) Close of discovery is ninety (90) days from the issuance of the CMO.
(ii) Plaintiff's pre-trial statement filed within fifteen (15) days of the close of discovery.
(iii) Defendant's pre-trial statement filed within thirty (30) days of the close of discovery.
(iv) The proposed trial term within ninety (90) days of close of discovery, or as close thereto as the availability of trial terms may allow.
(d) A party may request that a case be designated as complex or expedited by the filing of a stipulation or motion.
(e) All cases where the amount in controversy is within the limits for mandatory arbitration shall be designated as ''expedited'' cases and CMO's issued accordingly.
(c) Settlement Conference. A party may request that the assigned judge conduct a settlement conference at any time after the filing of the last responsive pleading.
(d) Trial Depositions
1. All depositions for use at Trial shall be completed no later than 10 days preceeding the beginning of the trial term for which the case is listed.
2. All objections to trial deposition testimony shall be provided to the court no later than 2 days prior to the day of trial.
(e) Motions in Limine. All motions in limine, including motions to resolve objections to depositions to be used at trial, must be presented to the Court no later than ten (10) days preceding the beginning of the trial term in which the case is listed.
(f) Certification For Trial
1. These certification procedures apply to all civil jury and non-jury cases.
2. In order to have a case assigned to a particular trial term, all counsel or parties must certify the case as ready for trial by filing with the Prothonotary and serving upon the Court Administrator a certification in substantially the form contained herein and designated ''Certification I.''
3. If a party has failed to comply with the timetables established in the CMO or has failed to sign a Certification I after being requested to do so in writing, a party wishing to place the case on the trial list must file a certification in substantially the same form contained herein and designated ''Certification II.''
4. A Certification I or II indicating readiness for trial shall be filed with the Office of Court Administration and the Prothonotary no later than sixty (60) days prior to the beginning of the proposed trial term.
5. All ''Certification II's'' shall be forwarded to the assigned judge for disposition.
Rule 212.2. Pre-Trial Statements.
(a) In addition to the requirements set forth at Pa.R.C.P. 212.2, all Pre-Trial Statements shall contain:
1. A list of any unusual legal issues.
2. Where appropriate, authorization to other parties to examine pertinent records unless earlier provided.
3. For any party asserting a claim for damages, the method of calculation and how damages will be proven.
4. For any party defending a claim for damages, any defenses to the damage claims.
5. Filing Procedure. The original Pre-Trial Statements are to be filed in the Prothonotary's Office. No copy shall be forwarded to the assigned judge.
Rule 212.3. Pre-Trial Conference.
(a) Upon the completion of the trial list, the assigned judge shall schedule a pre-trial conference. Attendance at the conference is mandatory for all counsel, and all persons needed to authorize or approve settlement shall be present or available by telephone.
(b) In cases proceeding to trial without a jury, a pre-trial conference shall be scheduled at the discretion of the assigned judge or upon request of a party.
(c) At pre-trial conference, in addition to the matters included in Pa.R.C.P. 212.3(b), the Judge:
1. Shall explore, with counsel and the parties, the possibility of settlement.
2. May decide all remaining motions and requests for relief.
Rule 212.4. Trial Lists and Continuances.
1. After the deadline for certification has passed, the Office of Court Administration, in coordination with the assigned judge, shall list all certified cases for trial.
2. When a case is listed for trial, it shall not be continued except for just cause. Except in the case of exigent circumstances, all motions for continuance must be made at least ten (10) days before the start of the trial in non-jury cases. All motions for continuance must include the reasons for the request and must be presented to the assigned judge.
3. Motions for continuance which are being made with the agreement of all counsel must be signed by all counsel or parties.
FORMS
CERTIFICATION I We the undersigned, counsel for the parties in the above case, hereby certify that:
1. The above action is ready for trial;
2. All outstanding motions have been resolved;
3. All pre-trial statements are filed;
4. Counsel have met and discussed settlement of this matter.
__________
Plaintiff's attorney
(date)
__________
Defendant's attorney
(date)
__________
Additional Defendant's attorney
(date)__________
__________
CERTIFICATION II 1. The undersigned requests that the case be placed on the Trial List for the (month) term.
2. A case management order was entered providing for a proposed trial term of (month) .
3. A request to file a Certification I has been made of all parties.
4. All parties have agreed to file a Certification I except:
__________
__________
__________5. The case is otherwise ready for trial.
__________
Signature (Counsel or Party)
__________
Date
[Pa.B. Doc. No. 99-2084. Filed for public inspection December 10, 1999, 9:00 a.m.]
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