THE COURTS
Title 207--JUDICIAL CONDUCT
PART IV. COURT OF JUDICIAL DISCIPLINE
[207 PA. CODE CHS. 1, 4 AND 5]
Amendment to the Rules of Procedure of the Court of Judicial Discipline; Doc. No. 1 JD 94
[32 Pa.B. 2864]
Order Per Curiam:
And Now, this 31st day of May, 2002, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having proposed amendments to Rules of Procedure Nos. 110, 122, 123, 401, 411 and 503, as more specifically hereinafter set forth, It Is Hereby Ordered:
That Court Administrator Wanda W. Sweigart provide for the publication of the Amendment in the Pennsylvania Bulletin, and
That interested parties shall submit suggestions, comments, or objections no later than thirty days from the publication of this Order in that Bulletin.
Annex A
TITLE 207. JUDICIAL CONDUCT
PART IV. COURT OF JUDICIAL DISCIPLINE
ARTICLE I. PRELIMINARY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
IN GENERAL Rule 110. Entry of Appearance.
* * * * * (C) An attorney's appearance for a Judicial Officer may not be withdrawn without leave of Court unless another attorney has entered or simultaneously enters an appearance for the Judicial Officer and the change of attorneys does not delay any stage of the proceedings.
* * * * *
DOCUMENTS GENERALLY Rule 122. Service.
* * * * * [(B) Service may be accomplished by:
(1) personal delivery of a copy to a party or a party's attorney; or
(2) sending a copy to a party by overnight, certified, or registered mail addressed to the party's place of residence or business.]
(B) Original process shall be served by a competent adult:
(1) by handing a copy to the Judicial Officer; or
(2) by handing a copy
(i) at the residence of the Judicial Officer to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence;
(ii) at any office or usual place of business of the Judicial Officer to his agent or to the person for the time being in charge thereof.
(C)(i) If service of the original process cannot be made as in (B) above, then a copy of the process shall be mailed to the Judicial Officer by any form of mail requiring a receipt signed by the Judicial Officer or his authorized agent. Service is complete upon delivery of the mail.
(ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the Judicial Officer's last known address. Service in this manner shall be complete upon mailing.
(D) In lieu of service of the original process under this rule, the Judicial Officer or his authorized agent may accept service of the process by filing a separate document which shall be substantially in the following form:
(CAPTION) I accept service of the ______ (on behalf of ______ and represent that I am authorized to do so).______ _________________
(Date) (Judicial Officer or Authorized Agent)_________________(Mailing Address)(E) Copies of all legal papers other than the original process filed in a proceeding in this Court or served upon any party to the proceeding shall be served upon every other party to the proceeding.
(F) Service of all legal papers other than the original process shall be made:
(1) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or
(2)(i) if there is no attorney of record, by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of a party;
(ii) if such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served.
(iii) Service by mail is complete upon mailing.
* * * * * Rule 123. Return of Service.
* * * * * (c) Return of service or no service by mail under Rule 122[(B)(2)] (C)(i) shall include a return receipt.
* * * * *
ARTICLE II. PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES
CHAPTER 4. PRE-TRIAL PROCEEDINGS
DISCOVERY Rule 401. Discovery Generally.
(A) All discovery shall be completed within 60 days [from the filing] of the service of the Board Complaint, unless extended by the Conference Judge for good cause shown.
* * * * *
OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER Rule 411. Omnibus Motion.
(A) All motions, challenges, and applications or requests for an order or relief on behalf of the Judicial Officer shall be consolidated in one written motion, except as otherwise provided in these rules, or as permitted by the Conference Judge. The omnibus motion shall be filed no later than 30 days of the service of the Board Complaint[, and shall be served on the Board].
* * * * *
CHAPTER 5. TRIAL PROCEDURES Rule 503. Post-Trial Proceedings.
* * * * * (B) Objections.
* * * * * (2) Any objections shall be filed with the Court within 10 days of the entry of the findings and conclusions. [A copy of the objections shall be served upon theopposing party.] The President Judge may for cause shown extend the time for filing objections.
* * * * *
[Pa.B. Doc. No. 02-1041. Filed for public inspection June 14, 2002, 9:00 a.m.]
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