THE COURTS
Title 255--LOCAL
COURT RULES
LEHIGH COUNTY
Administrative Order Amending the Rules of Civil Procedure; No. 2000-J-31
[30 Pa.B. 5924]
Order Now, this 17th day of October, 2000, It Is Ordered that the following Rules of Civil Procedure for the Court of Common Pleas of Lehigh County are hereby adopted and promulgated to become effective thirty (30) days after publication of the rules in the Pennsylvania Bulletin; and that the present Lehigh County Rules of Civil Procedure (with the exception of the present Leh.R.C.P. 1915.1 through 1920.55 which were adopted by Administrative Order dated July 11, 2000) are revoked, effective at the same time.
The Court Administrator of Lehigh County is directed to:
1. File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Civil Procedural Rules Committee.
4. File one (1) copy with the Clerk of Courts of the Lehigh County Court of Common Pleas.
5. Forward one (1) copy for publication in the Lehigh County Law Journal.
By the Court
JAMES KNOLL GARDNER,
President Judge
RULES OF CIVIL PROCEDURE
COURT OF COMMON PLEAS OF LEHIGH COUNTY_________________
Table of Contents
Rule Description 51 Title and Citation of Rules 52 Effective Dates of Rules 76 Definitions 100 Admission to the Bar of this Court 101 Principles of Interpretation 105 Bonds and Surety 205.1 Size of Paper 205.2 Court Records 206.1 Motions and Petitions 210 Form of Briefs 211 Oral Arguments 212.1 Trial Dates, Discovery Deadlines, Pre-trial Statements 212.2 Content of Pre-trial Statement 212.3 Pre-Trial and Pre-Trial Settlement Conferences 212.4 Lawyer Mediation Program 220 Jury Size in Civil Trials 223 Conduct of Jury Trial 225 Opening and Closing Statements 226 Points for Charge 227.1 Motion for Post-Trial Relief 227.3 Transcript of Testimony 229.2 Termination of Inactive Civil Cases 260 Money Paid Into Court 270 Appeals From Zoning Hearing Boards 275 Land Use Appeals 290 Eminent Domain 430 Service by Publication 1007 Commencement of Action--Track Assignment 1012 Appearances 1018.1 Notice to Defend 1021 Claim For Relief--Accounting 1028 Preliminary Objections 1034 Judgment on the Pleadings 1035 Motion for Summary Judgment 1037 Judgment by Default 1037.1 Liability for Costs 1037.2 Bill of Costs. Taxation 1054 Specific Averments--Action in Ejectment 1081 Concealment of Property; Examination of Defendant--Action of Replevin 1301 Compulsory Arbitration--Scope 1302 Compulsory Arbitration--Arbitrators 1302.1 List of Arbitrators 1302.2 Special Lists 1302.3 Composition of Boards of Arbitrators 1302.4 Notification of Appointment of Arbitrators 1302.5 Compensation of Arbitrators 1303 Hearing 1303.1 Continuances 1303.2 Scheduling of Arbitration Hearing: Notice 1304 Conduct of Hearing, General 1305 Conduct of Hearing, Evidence 1306 Award--Delay Damages 1307 Costs 1308 Appeals from Arbitration 1507 Action in Equity. Notice by Publication 1521 Action in Equity. Indexing of Decree 1530 Action in Equity. Accounting 1534 Action in Equity. Accounting by Fiduciaries 2039 Settlement, Compromise and Discontinuance of all Non-Death Action Cases in Which Minors Have an Interest 2064 Compromise, Settlement, Discontinuance, or Distribution-- Incapacitated Persons 2205 Proof of Service 2206 Petitions for Approval of Settlement, Compromise, Discontinuance and Judgment in Wrongful Death and/or Survival Actions; Allocation of Proceeds; Notice to the Department of Revenue; Contents and Disposition of the Petition; Filing of Decrees 3110 Execution Against Contents of Safe Deposit Box 3121 Stay of Execution 3128 Notice of Sale--Personal Property 3129.2 Notice of Sale--Real Property 3136 Distribution Of Proceeds. 3252 Writ of Execution. Money Judgment 3256 Praecipe for Writ. Mortgage Foreclosure 4007.2 Depositions--Distant Witnesses 4008 Depositions by Oral Examination 4017.1 Objections at Videotape Depositions
RULES OF CIVIL PROCEDURE
COURT OF COMMON PLEAS OF LEHIGH COUNTY
_________________Rule 51. Title and Citation of Rules.
All civil rules of procedure adopted by the Court of Common Pleas of Lehigh County shall be cited as Lehigh Rules of Civil Procedure (''Leh.R.C.P.'')
Rule 52. Effective Dates of Rules.
(a) A rule or amendment to a rule shall become effective upon the date specified by the court in adopting or amending such rule.
(b) If no effective date is specified, the rule or amendment to the rule shall become effective on the first day of July or January following the thirtieth day after its adoption, whichever is earlier.
Rule 76. Definitions.
Unless the context clearly indicates otherwise, the words and phrases used in any rule adopted by the Court of Common Pleas of Lehigh County shall be given the same meaning as is given said words and phrases by the Pennsylvania Rules of Civil Procedure with the following exceptions and additions: (1) ''The court'', which shall mean the Court of Common Pleas of Lehigh County; (2) ''rule'', which shall mean any rule of court adopted by the Court of Common Pleas of Lehigh County; (3) ''clerk of courts'' shall mean the clerk of courts, civil division; and (4) ''except as otherwise provided'', which shall mean except as provided by statute, by the Pennsylvania Rules of Civil Procedure, or by specific local court rule.
Rule 100. Admission to the Bar of this Court.
(a) The clerk of courts shall keep and maintain a roll consisting of attorneys who have been admitted to the Bar of the Court of Common Pleas of Lehigh County in accordance with the requirements hereinafter set forth.
(b) Admission to the bar of this court shall be by petition of the applicant, presented by a member of this bar, which petition shall show that the applicant (1) has been admitted to the Bar of the Commonwealth of Pennsylvania; and (2) is a person of good moral character.
(c) Nothing contained in this rule shall prevent any attorney who is in good standing as a member of the Bar of the Commonwealth of Pennsylvania from practicing in this court.
Rule 101. Principles of Interpretation.
The principles of interpretation and rules of construction embodied in Pa.R.C.P. 102 to 153 inclusive shall apply to these rules, with the substitution in each case of the words ''Court of Common Pleas of Lehigh County'' for the words ''Supreme Court.''
Rule 105. Bonds and Surety.
(a) When a bond with approved security is required, the surety shall be a certified surety company in accordance with a list thereof filed in the office of the clerk of courts, or in lieu thereof at least one responsible surety or a deposit of cash.
(b) When a bond with individual surety is offered for approval, the bond shall not be approved until such individual or individuals shall qualify under oath on a form provided by the clerk of courts.
(c) No attorney or other person officially connected with or concerned with the business of the court shall become bail or surety or post bond for any person in any proceeding, except with prior written approval of the court.
(d) Where cash is deposited in lieu of approved surety, the party required to post bond shall execute his personal bond in appropriate form stating the terms and conditions under which such cash deposit is made; provided, however, that this rule shall have no application to the posting of cash bail in criminal cases.
(e) Except in the cases of appeals from proceedings before the minor judiciary, any party filing a bond shall immediately serve a copy thereof upon the adverse party or his attorney.
(f) In all cases the form of the bond and the surety thereon shall be subject to review by the court upon the filing of a petition stating specifically the objections thereto, together with notice to the adverse party or his attorney in accordance with Leh.R.C.P. 206.1.
Rule 205.1. Size of Paper.
No paper or other document may be filed with the court on any paper other than paper approximately 8 1/2" by 11" in size.
Rule 205.2. Court Records.
(a) Records. Filing. Docket Entries.
(1) The clerk of courts shall be responsible for maintaining systems for the filing of documents and shall make appropriate entries in dockets maintained for that purpose. Documents filed shall be endorsed with the day and exact time of filing, which endorsement, in the absence of fraud, accident or mistake, shall be conclusive evidence of such date and time of filing.
(2) The entry of a full or partial satisfaction and of the discontinuance, settlement, or termination of an action may be made by the clerk of courts upon praecipe of a party, the attorney of record for the party, or a duly authorized agent of the party, and such entry shall be attested by the clerk of courts.
(3) Except as set forth in this rule, no person other than the clerk of courts or a duly appointed and sworn deputy clerk shall be permitted to make any entry on the court dockets.
(4) Documents submitted to the clerk of courts for filing shall contain the name, address, telephone number, fax number, and supreme court identification number of the attorney filing the document, a correct caption of the proceedings, including the names of the parties, the nature of the document, the term and number of the proceedings, the division of the court, and the name of the assigned judge, if any.
(b) Removal of Court Records.
(1) Except as hereinafter provided, no record, exhibit or document shall be taken from the office of the clerk of courts without a written order signed by one of the judges of the court and requiring the return of such record, exhibit or document within a specified time; provided, however, that under no circumstances shall a bond or recognizance be removed while the same continues in force and effect. In cases where the court authorizes the removal of records, exhibits or documents, the clerk of courts shall take a written receipt for the records, exhibits or documents removed and shall cause the same to be filed with the record papers in the case, which receipt shall be canceled upon return of the records, exhibits or documents removed.
(2) In cases pending in this court or in proceedings held before duly authorized officers of the court, the clerk of courts may deliver record papers or dockets to an appropriate officer of the court, which delivery shall be noted in the records of the clerk of courts.
Rule 206.1. Motions and Petitions.
(a) General Rule.
All requests for relief ancillary to a pending action shall be in the form of a written motion or petition, in accordance with the provisions of this rule, except the following: (1) requests for continuance, which shall utilize the preprinted ''Application for Continuance'' forms available in the court administrator's office; (2) motions for post-trial relief, which are governed by Pa.R.C.P. 227.1; and (3) motions during the course of a trial, which may be made orally.
Comment: Generally, a motion is a request for relief based upon undisputed facts of record, whereas a petition is a request for relief that avers facts not of record. However, this distinction is not observed uniformly in the Pennsylvania Rules of Civil Procedure. The Pennsylvania rules often describe requests for relief as motions even though the requests are of a type often based on factual averments not of record. See, e.g., Pa.R.C.P. 213, 234.4, 238, 430, 1021, 1075, 1531, 1035.1, 1701, 4008, and 4012. The Pennsylvania rules also refer to certain requests as petitions even though they are necessarily based on facts of record. See, e.g., Pa.R.C.P. 1080 and 2958. Where the Pennsylvania rules depart from the general distinction between motions and petitions noted above, the designations in the Pennsylvania rules should be followed. Otherwise a request for relief shall be identified as either a motion or a petition, depending on whether it is based on undisputed facts of record.
(b) Contents and Form.
(1) All motions and petitions shall contain the following: (i) the caption of the case; (ii) a title stating exactly what relief is being sought, by whom, and against whom it is being sought; (iii) the material facts that constitute the grounds for said relief; (iv) an identification of any statute or procedural rule relied upon to justify the relief requested; (v) the name, address, telephone number, fax number, and supreme court identification number of counsel for the movant or petitioner; (vi) the names and addresses of all adverse parties and their counsel of record, if any; and (vii) the name of the judge, if any, to whom the case has been assigned.
(2) A motion or petition shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.
(3) A motion or petition relating to discovery must aver (i) that counsel for the movant or petitioner has conferred with opposing counsel and all unrepresented parties with respect to each matter set forth in the motion or petition and has made a good faith effort to resolve the parties' differences, but has been unable to do so; or (ii) that counsel has made a good faith effort to confer, but has been unable to do so.
(4) A motion or petition shall be accompanied by a form of order that, if approved by the court, would grant the relief sought by the movant or petitioner.
(5) An uncontested motion or petition shall be accompanied by a certification of counsel that the motion or petition is uncontested.
(c) Answers to Motions and Petitions.
(1) Each party against whom relief is sought shall file an answer to the motion or petition seeking such relief within twenty (20) days from the date of service upon such party, unless (i) a different response time is established in a rule to show cause or by special order of court, (ii) the motion is for summary judgment, in which case the respondent has thirty (30) days within which to respond, or (iii) the request is a petition to withdraw as counsel, in which case the respondent has ten (10) days within which to respond.
(2) If a timely answer is not filed, all averments of fact in the motion or petition may be deemed admitted for the purpose of adjudicating the motion or petition, and the court shall enter an appropriate order.
(3) All answers shall contain the following: (i) the caption of the case; (ii) a title identifying the party filing the answer and the motion or petition to which it is responding; (iii) a statement of the material facts that constitute the defense to the motion or petition; (iv) an identification of any statute or procedural rule relied upon in defense of the motion or petition; (v) the name, address, telephone number, fax number, and supreme court identification number of counsel for the respondent; and (vi) the name of the judge, if any, to whom the case has been assigned.
(4) An answer shall be divided into paragraphs, numbered consecutively, corresponding to the numbered paragraphs of the motion or petition. The answer shall admit, deny, or (where appropriate) demand proof of each averment in the motion or petition. The answer may also aver additional facts or legal reasons for denying or limiting the relief requested; if so, the movant or petitioner need not file a reply to these additional averments unless a reply is specifically ordered by the court.
(5) An answer shall be accompanied by a form of order which, if approved by the court, would deny or limit the relief sought by the motion or petition.
(d) Signature and Verification.
(1) All motions and petitions and all answers thereto shall be signed by counsel for the party submitting the same; or if the party is unrepresented, by such party.
(2) A motion or petition or an answer thereto containing an allegation of fact that does not appear of record shall be verified.
(e) Notice to Respond.
(1) Unless a response deadline is established in a rule to show cause, a motion or petition shall be accompanied by or endorsed with a notice indicating the time within which an answer must be filed.
(2) In the case of a petition to withdraw as counsel, the petition shall be accompanied by a withdrawal notice in substantially the following form:
W I T H D R A W A L N O T I C E
TO: Client RE: Caption of Case File Number __________
You are hereby notified that the undersigned has filed Petition to Withdrawn as counsel in this case. A copy of the petition is attached to this notice.
If you object to this request, you must object in writing within ten (10) days to:
Honorable ______
Lehigh County Courthouse
455 Hamilton Street
Allentown, PA 18101-1614If no written objection is received within ten (10) days, the Petition may be granted.
Please be advised that your case is scheduled for the following.
__________
__________
______
_________________
Date
Name and address of Attorney
_________________
State I. D. Number
_________________
Telephone Number
__________
CERTIFICATION OF SERVICE
__________I, ______ , Attorney for ______ do hereby certify that the following are all of the known addresses of my client(s).
__________
__________
__________
__________and that a copy of the Motion and this Notice have been mailed to each address and to all counsel of record by first class mail on
______ .
______ __________
Date Signature of Attorney(f) Briefs.
(1) All motions or petitions and all answers thereto shall be accompanied by a supporting brief containing a concise statement of the legal contentions and authorities relied upon in support of or in opposition to the motion or petition; provided, however, that briefs are not required for the following: (i) motions to extend time deadlines; (ii) motions certified as uncontested or accompanied by a stipulation of all counsel and unrepresented parties; (iii) motions to compel compliance with discovery requests; and (iv) petitions to withdraw as counsel.
(2) If a movant or petitioner has not filed a supporting brief where required, the non-moving party need not do so, and the court may consider the movant or petitioner to have abandoned his/her request for relief.
(g) Filing Procedure.
The original of all motions, petitions and answers, along with the supporting briefs, shall be filed with the clerk of courts. A complete copy of the same, along with the original of the proposed form of order, shall be delivered to the court administrator's office for transmittal to the assigned judge.
Comment: Counsel need not forward an additional copy of these documents to the assigned judge, since the judge will receive the copy delivered to the court administrator's office.
(h) Service and Certification of Service.
(1) Immediately after filing a motion, petition, rule to show cause or answer, the party filing the same shall serve a complete copy upon all other counsel of record and all unrepresented parties, in accordance with Pa.R.C.P. 440 (relating to service of legal papers other than original process).
(2) Within five (5) days of the filing of a motion, petition, rule to show cause or answer, the party filing the same shall file a certification of service, certifying that proper service has been made.
(3) The court in its discretion may strike, dismiss or deny any motion, petition or answer for failure to comply with the service and certification requirements of this rule.
(4) A petition to withdraw as counsel shall be served upon the petitioner's client as well as upon all counsel of record and all unrepresented parties.
(i) Procedure after Filing.
(1) A rule to show cause in substantially the form prescribed in Pa.R.C.P. 206.5 shall be issued by the court if (i) the relief sought by the petition is the opening of a default judgment or a judgment of non pros, or (ii) the court, upon its own motion or the request of a party, determines that the issuance of a rule to show cause as to the particular motion or petition will serve the interests of justice. Where a rule to show cause is issued, the procedure after issuance of the rule shall be in accordance with Pa.R.C.P. 206.7.
Comment: The court has not adopted the optional provision in Pa.R.C.P. 206.6 for issuance of a rule to show cause as of course in all cases.
(2) At the discretion of the assigned judge, the rule to show cause may establish a deadline for completion of depositions on disputed issues of fact, or the rule may provide for an evidentiary hearing on such issues. At the discretion of the assigned judge, the rule may also provide a date and time for oral argument on contested legal issues.
(3) If a rule to show cause is not issued, the procedure for disposition of the motion or petition shall be as follows:
i. If there are no disputed issues of fact, the assigned judge may enter an order adjudicating the matter upon the motion or petition papers and briefs.
ii. If it appears that there are disputed issues of fact, the assigned judge shall direct the parties to complete depositions on these disputed factual issues within a specified time frame, or shall schedule an evidentiary hearing on these issues.
iii. The assigned judge may also schedule oral argument on the motion or petition, at his/her discretion.
(4) Upon disposition of the motion or petition, the clerk of courts shall promptly serve a copy of the order granting or denying relief upon all counsel of record and any unrepresented parties.
(j) Expedited Procedure.
(1) In lieu of the filing procedure set forth in subparagraph (g) of this rule, certain motions and petitions may be presented in open court to the judge assigned to the case at this judge's individual motion court. Those motions that may be presented under this expedited procedure are (i) emergency motions or petitions and (ii) those motions or petitions that do not require a supporting brief, as described in subparagraph (f) of this rule.
(2) In the case of emergency motions and petitions, the original motion or petition shall be filed with the clerk of courts and a certified copy of the same delivered to the court administrator's office, which shall determine the availability of the judge assigned to the case, if any. If the judge assigned to the case is not available, or if no judge has been assigned, the court administrator's office shall refer the matter to another judge for scheduling and disposition.
(3) In the case of non-emergency motions and petitions, if no judge has been assigned to the case, the original motion or petition shall be presented to the motions judge at a daily session of miscellaneous motion court.
(4) Whenever possible, the movant or petitioner shall give all counsel of record and all unrepresented parties not less than five (5) days advance written notice of the date, time and place of the intended presentation of the motion or petition, together with a complete copy of the motion or petition. If the movant or petitioner is unable to comply with this notice requirement because of an emergency, the movant or petitioner shall make a good faith effort to notify all opposing counsel of record and all unrepresented parties as soon as possible of the intended presentation of the motion or petition, and shall describe those efforts in the motion or petition. This notice requirement may be waived with the consent of all interested parties, or it may be waived or modified by the court in emergency situations.
(5) If the movant or petitioner seeks an order staying proceedings, granting immediate substantive relief, or requiring an answer in less than twenty (20) days, the request will not be granted unless (i) it appears from the motion or petition that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time, and place of the request; or (ii) the request has been agreed to by all parties in interest; or (iii) the court in its discretion determines that there are extraordinary circumstances justifying the request.
Rule 210. Form of Briefs.
(a) Each brief shall contain (1) a history of the case, (2) a statement of the pertinent facts, (3) a statement of the questions involved, and (4) the argument, and shall also include a cover sheet containing the caption, the names of the parties and the name, address and telephone number of each parties' respective counsel.
(b) The statement of questions involved shall be so drawn that the court may quickly determine all the legal questions requiring determination.
(c) The argument shall be divided into as many parts as there are questions involved. Opinions of an appellate court of this or another jurisdiction shall be cited to the official reports of the Pennsylvania appellate courts and to the national reporter system, if published therein.
Rule 211. Oral Arguments.
(a) Any party requesting oral argument on any matter filed with the court shall so indicate, either by court-approved format or, if none, by written request on the filed document. Failure to request oral argument in this manner shall be deemed a waiver thereof.
(b) Any party who has failed to file a brief in accordance with applicable rules of court shall be denied oral argument.
(c) The court may require oral argument in any matter, notwithstanding anything to the contrary contained in this rule.
Rule 212.1. Trial Dates, Discovery Deadlines, Pre-trial Statements.
(a) The requirements of Pa.R.C.P. 212.1 and 212.2 shall apply to civil actions to be tried non-jury and to equity actions.
(b) Notwithstanding the requirements of Pa.R.C.P. 212.1(b), in the event a pre-trial conference is scheduled, a pre-trial statement shall be filed by all parties, and a copy delivered to chambers of the assigned judge, not later than five (5) days prior to the pre-trial conference.
Rule 212.2. Content of Pre-trial Statement.
Pursuant to Pa.R.C.P. 212.2(a)(7), the pre-trial statement required by Pa.R.C.P. 212.2 shall also include the following information:
(a) the estimated length of trial;
(b) a statement of reasons to support a request for view, if desired;
(c) any scheduling problems;
(d) any special evidentiary issues;
(e) a realistic settlement demand or offer.
Rule 212.3. Pre-Trial and Pre-Trial Settlement Conferences.
(a) In any action, i.e. jury, non-jury, equity and arbitration appeals, the court on its own motion, or upon praecipe or written request of any party, may direct the attorneys for the parties to appear for a pre-trial conference or settlement conference. The assigned judge shall determine the procedures for any pre-trial or pre-trial settlement conference. Notice of such conferences shall be given to all counsel or unrepresented parties by the court.
(b) Failure to participate in such conference(s), or to provide the required pre-trial statement, will justify the imposition of sanctions, including fines, reimbursement of reasonable attorney fees, and/or dismissal of the case or the entry of judgment against the offending party.
(c) Only counsel fully familiar with the case and authorized by their clients to discuss settlement candidly shall appear at pre-trial and pre-trial settlement conferences. If an attorney does not have complete settlement authority, the party or person with full settlement authority shall accompany the attorney to the conference or shall be immediately available by telephone during the conference. Counsel shall be prepared to discuss all phases of the case and are required to bring the relevant portions of their files. Failure of counsel to appear or to state his or her position candidly or to bring all essential materials may result in the imposition of sanctions against the attorney or the client.
(d) If a settlement conference is to be scheduled in a non-jury or equity case, at the time the court schedules the settlement conference on its motion, the court may assign the case to a judge, other than the assigned judge, for the purpose of holding the settlement conference. If the settlement conference is scheduled pursuant to the filing of a praecipe or written request filed by any party, the movant may also request the assignment of the case to a judge other than the assigned judge for the purpose of holding a settlement conference. Once the settlement conference is concluded, the case will then be returned to the assigned judge.
(e) In aid of settlement, the trial judge may order a summary trial to be held in accordance with such rules and procedures he/she deems appropriate.
Rule 212.4. Lawyer Mediation Program.
Settlement conferences in civil cases may be conducted through a court supervised ''Lawyer Mediation Program.''
(a) Appointment of Mediators.
Lawyer mediators shall be selected at the sole discretion of the judges of the civil division.
(b) Assignment of Cases for Mediation.
(1) The judge to whom a civil case has been assigned may in his or her discretion, assign a case to a lawyer mediator to conduct a settlement conference.
(2) Any litigant involved in a pending civil action can request that the case be submitted to a lawyer mediator to conduct a settlement conference; however, the assignment of the case to a lawyer mediator is at the sole discretion of the trial judge. All such requests must be made on written motion submitted in accordance with rules of this court governing motions practice. In the event a case has not been listed for trial, no motion for the appointment of a lawyer mediator to conduct a settlement conference will be considered by the court except on stipulation of all parties to the action.
(3) The lawyer mediator assigned to conduct the settlement conference shall be determined at the sole discretion of the trial judge.
(c) Duties.
It shall be the responsibility of the lawyer mediator to conduct settlement conference(s) in the case to which he or she is assigned.
(d) Notice.
(1) When the trial judge assigns a case to a lawyer mediator to conduct a settlement conference, the parties will be notified by the court administrator's office of the identity and business address of the lawyer mediator. Upon notification of the appointment of the lawyer mediator it shall be the responsibility of each attorney of record to promptly contact the lawyer mediator and advise him/her of dates on which the attorney is available to attend a settlement conference. The date for the settlement conference shall be selected by the lawyer mediator based upon availability of all counsel of record. Settlement conferences conducted by the lawyer mediator will be held at a location determined by the lawyer mediator.
(2) In the event a case is assigned to a lawyer mediator for settlement conference, at least seven (7) days prior to the conference, counsel shall provide the lawyer mediator with the following information:
i. A copy of all pre-trial conference statements previously filed by that party.
ii. A copy of all expert reports (relating to liability as well as damages) in the possession of that party and which the party intends to use at the time of trial;
iii. While it is not necessary that a complete set of all medical records be provided to the lawyer mediator in advance of the pre-trial conference, any party to the action may in their discretion provide relevant portions thereof which may be of assistance to the lawyer mediator in conducting the conference and making recommendations;
iv. Any other information that counsel deems important for the proper evaluation of the case including, but not limited to, any ''settlement brochure'', photographs, digests of relevant depositions, etc.
(e) Settlement Conferences.
(1) Only trial counsel shall appear at any settlement conference held before a lawyer mediator.
(2) Trial counsel for each and every party to the action shall appear at the date, time and location set for settlement conference, which conference shall continue until adjourned by the lawyer mediator.
(3) Trial counsel shall have their respective clients available by telephone at the time of the conference in order to actively pursue settlement.
(4) No ex parte communications shall take place between the lawyer mediator and counsel for the litigants without consent of all parties to the litigation. Where a case is to be tried by jury, all offers/demands of settlement will be communicated to the trial judge unless counsel specifically request that the offers or demands not be divulged. Where a case is to be tried non-jury, demands/offers of settlement will not be communicated to the judge.
(5) Within five (5) days following each settlement conference, the lawyer mediator shall submit to the court administrator's office a written report in the format approved by the court provided to the lawyer mediator by the civil court coordinator at the time of appointment, which report shall identify the parties to the litigation, their counsel, whether any attorney failed to appear, offers/demands of settlement (except as provided in (e) (4) above), recommendations of the lawyer mediator, whether the case settled and/or the possibility of settlement, and whether additional involvement of the lawyer mediator is necessary to effectuate settlement.
(f) Failure to Act in Good Faith.
Failure to abide by these rules or to refuse to act in good faith with regard to settlement conferences may result in sanctions by the court.
Rule 220. Jury Size in Civil Trials.
(a) Except as provided in subdivision (b), juries in civil cases may, at the discretion of the trial judge, consist of as few as eight members. Trials in such cases shall continue so long as at least six jurors remain in service. If the number of jurors falls below six, a mistrial shall be declared upon prompt application therefor by any party then of record.
(b) When a jury trial has been demanded pursuant to Pa.R.C.P. 1007.1, a trial by a jury consisting of twelve members may be had if written demand therefor is filed with the court on any pleading or as a part of the original pre-trial statement. Such demand may appear on the pre-trial memorandum form under the heading ''miscellaneous.''
(c) Regardless of jury size, each party shall be entitled as a matter of right to four peremptory challenges, except that in cases involving multiple plaintiffs and/or multiple defendants, the trial court shall, in its discretion, determine the number of peremptory challenges available to each of the parties then of record.
Rule 223. Conduct of Jury Trial.
(a) The entire examination or cross-examination of a witness shall be conducted, and objections made and argued, by the attorney commencing the same.
(b) Offers of proof shall be made at side bar, out of the hearing of the jury and out of the hearing of the witness.
Rule 225. Opening and Closing Statements.
Except as otherwise directed by the trial judge, one attorney for each party or group of parties having the burden of proof shall address the jury at the conclusion of the evidence, after which the attorney for each adverse party or group of parties shall sum up. One attorney for each party or group of parties having the burden of proof shall then be allowed to address the jury in rebuttal.
Rule 226. Points for Charge.
(a) Unless otherwise permitted by the trial judge for cause shown, requested points for charge shall be limited to those relevant points set forth in the Pennsylvania Suggested Standard Civil Jury Instructions plus ten (10) additional points for charge.
(b) The points for charge requested from the Pennsylvania Suggested Standard Civil Jury Instructions shall be listed only by section number and not set forth verbatim.
Rule 227.1. Motion for Post-Trial Relief.
(a) All post-trial motions shall be filed with the clerk of courts in accordance with Pa.R.C.P. 227.1, together with a request designating that portion of the record to be transcribed. A copy of the items filed, along with a proposed order for transcription, shall also be delivered to the trial judge, the court administrator, the court reporter, and every other party to the action and a certificate of such service shall be filed of record.
(b) All post-trial motions must specify the grounds relied upon as provided by Pa.R.C.P. 227.1(b)(2).
(c) Unless otherwise ordered by the trial court, a brief in support of post-trial motions shall be filed within thirty (30) days following receipt of the transcript or, if no request for transcript has been made by either party, within thirty (30) days of the date of the filing of that party's post-trial motion.
(d) Unless otherwise provided by the trial court, briefs in opposition to post-trial motions shall be filed within twenty (20) days from the date of the filing of the movant's brief.
(e) A copy of briefs filed in support of, or in opposition to, post-trial motions shall be served upon the trial judge, and every other party to the action. A certificate of such service shall accompany all briefs filed hereunder.
Rule 227.3. Transcript of Testimony.
(a) Any objections to the request designating the portion of the record to be transcribed, filed pursuant to Pa.R.C.P. 227.3, shall likewise be served upon the trial judge, the court administrator's office, and the court reporter and every other party to the action and a certificate of such service shall be filed of record.
(b) The party requesting a transcript of the record or any portion thereof in a motion for post-trial relief shall pay the cost thereof. Where any other party files an objection requesting that an additional portion of the record be transcribed, the trial judge, in the absence of agreement by the parties, shall in his/her discretion and to the extent this matter is not covered in the Pennsylvania Rules of Judicial Administration 5000.1 et. seq., assign the cost of such additional transcribing to any or all parties or to the county.
Rule 229.2. Termination of Inactive Civil Cases.
(a) The clerk of courts shall prepare for call on the first Monday of October of each year or on such other date as the court by special order may direct a list containing all civil matters in which no steps or proceedings have been taken for two (2) years or more prior thereto and shall give notice thereof to counsel of record and to those parties for whom no appearance has been entered as required by Pa.R.J.A. No. 1901(c). If no compelling reason for delay in prosecution of the matter is shown at the call of the list, the court may issue an order dismissing such civil matter.
Rule 260. Money Paid Into Court.
(a) Where it is appropriate that money be paid into court, the court on petition of any party or on its own motion may direct the same to be done. A petition for the payment of money into court shall set forth the reasons for requesting such action and the exact amount to be paid. Notice of the presentation of such a petition shall be given in the manner set forth in these rules.
(b) The clerk of courts shall have custody of all money paid into court and shall deposit such funds in an escrow account to the credit of the court in a bank or banks in which deposits are insured by the Federal Deposit Insurance Corporation. Upon motion of a person who appears from the record to be prima facie interested in money paid into court, the court may authorize the clerk of courts to invest the fund in such manner and upon such terms as the court may direct.
(c) Money paid into court may not be withdrawn or paid out except upon written order of court.
Comment: This rule does not apply to cash bail or to payment of advanced costs such as masters' fees.
Rule 270. Appeals From Zoning Hearing Boards.
(a) Form of Caption.
The caption of an appeal from a decision of a zoning hearing board shall contain a reference to the name of the municipality and shall be in the following form:
John Doe, Appellant,
vs.
______ ,
Zoning Hearing Board
(Insert full name of municipality.)(b) Additional Testimony.
In the event that a party desires to present additional evidence, a motion indicating the reasons therefor shall be presented to the court within twenty (20) days after filing of the appeal.
(c) Supersedeas.
An appeal from a decision of a zoning hearing board shall not act as a supersedeas without special order of court. An application for a supersedeas shall be in motion or petition form, as may be appropriate, and due notice of its presentation shall be given in accordance with these rules to the municipality or its solicitor and to the parties adversely interested in the case who have entered an appearance or to their attorneys of record.
Rule 275. Land Use Appeals.
The procedure for hearing and deciding appeals from decisions of municipal governing bodies with respect to land use matters shall be the same as for zoning hearing board appeals, except that the case may be placed on a hearing list if there are disputed questions of fact pertinent to the appeal.
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