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PA Bulletin, Doc. No. 01-265

THE COURTS

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[31 Pa.B. 941]

Order

   And Now, this 31 day of January 2001, Dauphin County Local Rule of Civil Procedure 215.4 is promulgated as follows:

Rule 215.4.  Complex Litigation Designation; Appointment of Single Judge.

   At any time after service of the complaint, any party to a case may petition the Court for complex litigation designation. The petition shall set forth the parties, the causes of action, the nature of cross or counter claims, and a brief statement of the perceived complexities of the case. The petition shall further aver that all other parties have been contacted and shall state whether or not they concur in the petition. Where concurrence has not been obtained, a rule to show cause, returnable within 10 days of service, shall be attached to the petition.

   The matter shall thereafter be referred to the Civil Calendar Judge who, upon review of the petition and any answer filed thereto, shall determine whether complex litigation designation is appropriate. If such status is granted, the Civil Calendar Judge shall by order assign the case to a member of this Court. This assignment shall be considered permanent for all pre-trial, trial, and post-trial matters.

   A denial by the Civil Calendar Judge of complex litigation designation shall be without prejudice to refile after the pleadings are closed.

   Comment: The Court is seeing an increased number of cases that will benefit from the early involvement of a judge, such as complicated commercial and medical malpractice cases, multiple motor vehicle/fatality cases, and novel product liability cases. This rule allows council to bring to the attention of the Court those cases that may require early judicial attention. The assigned judge can provide sustained and consistent pretrial management and preside at trial with a thorough understanding of the case, presumably expediting its conclusion through mediation or trial.

   This amendment shall be effective 30 days after publication in the Pennsylvania Bulletin.

   By the Court

JOSEPH H. KLEINFELTER,   
President Judge

[Pa.B. Doc. No. 01-265. Filed for public inspection February 16, 2001, 9:00 a.m.]


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