THE COURTS
LYCOMING COUNTY
Amendments to the Rules of Civil Procedure
[33 Pa.B. 2047]
Order And Now, this 1st day of April, 2003, it is hereby Ordered and Directed as follows:
1. The forms provided for by Lycoming County Rules of Civil Procedure L1007D, L212 B(2) and L1007E are revised as indicated in bold.
2. Lycoming County Rule of Civil Procedure L1035 is rescinded.
3. The Prothonotary is directed to:
a. File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts.
b. Forward two (2) certified copies of this order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
c. Forward one (1) certified copy of this order to the Pennsylvania Civil Procedural Rules Committee.
d. Forward one (1) copy of this order to the Lycoming Reporter for publication therein.
e. Forward one (1) copy to the chairman of the Lycoming County Customs and Rules Committee.
f. Keep continuously available for public inspection copies of this order.
4. The rule revisions approved by this order shall become effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
CLINTON W. SMITH,
President JudgeL1007D. The form of the initial case monitoring notice and order shall be substantially as follows:
Plaintiff : IN THE COURT OF COMMON PLEAS vs. : LYCOMING COUNTY, PENNSYLVANIA : DOCKET NO: Defendant : CIVIL ACTION--[LAW] [EQUITY]
INITIAL CASE MONITORING NOTICE AND ORDER 1. Plaintiff(s) by ______ hereby gives notice that
(Attorney)
this matter was commenced on the date of
______ by ____ complaint ____ writ of summons
____ other (specify):2. Plaintiff requests the case be processed under the Court's civil case management rules as follows (check one):
______ ARBITRATION (Damages of $25,000 or less; hearing in 6-12 months)
______ NORMAL TRACK (Trial in 12-18 months)
______ COMPLEX TRACK (Trial in 18-24 months) ______ ADMINISTRATIVE TRACK--(List for first trial term after 90 days; qualifying under Rule L1007B.)
ORDER 1.(a) ____ A case scheduling conference is scheduled for ______ , at _____ , ____.M., in courtroom no. ____ ; the parties or their counsel shall attend. Plaintiff shall initiate discussions on a case scheduling order, in compliance with Lyc. Co. R.C.P. L1007A. (Please contact the Lycoming County Court Administrator or refer to www. lycolaw.org for list of trial term dates.) An agreed-upon proposed case scheduling order may be filed as soon as possible, but must be filed before the date of the scheduled conference.
(b) ____ The court administrator is directed to place this case on the next trial list occurring more than 90 days after the date of this order pursuant to Lyc. Co. R.C.P. L1007B.
2. PLAINTIFF SHALL IMMEDIATELY SERVE A COPY OF THIS ORDER UPON ALL OTHER PARTIES OR THEIR ATTORNEYS AND FILE PROOF OF TIMELY SERVICE.
_________________ ______
Judge Datecc: Eileen A. Grimes, CST
_________________ , Esquire
_________________ , Esquire
L212B(2). The form of the pretrial statement shall be substantially as follows:
(Caption) CASE NO.__________NAME OF PARTY__________ATTORNEY'S NAME __________
JUDGE__________DATE OF PRE-TRIAL __________
LYCOMING COUNTY CIVIL PRE-TRIAL STATEMENT 1. List all parties and counsel to the action.
2. Brief narrative statement of the submitting party's version of the case. Attach any helpful diagram.
3. Legal theory of liability. List those theories upon which you will rely, as each party may be limited to those theories at trial.
4. If there is a counterclaim, set forth the theory of liability and contentions on damages.
5. If an agreement is involved in this action, is it written or oral? ____ . Quote the provisions of the agreement which are central to this dispute.
6. Damages--List types and amounts of damages claimed.
7. Names of witnesses:
a. Definite witnesses and scope of testimony (liability, damages or both).
b. Possible witnesses and scope of testimony (liability, damages or both).
8. Expert witnesses--List name and specialty and attach all expert reports.
9. Exhibits--list all exhibits and indicate whether or not they have been shown to opposing counsel. Each party may be limited to the use of the listed exhibits at trial.
10. Scheduling--List any unusual scheduling problems which are anticipated.
11. Requested stipulations (Qualifications of experts, admissibility of documents without custodian, special damages, etc.)
12. Unusual legal issues--issues on which trial briefs should be required.
13. Has there been a timely demand for a jury trial? Yes ______ No ______ .
Number of jurors demanded? ____ 8 ____ 12.
Jurors may take notes in accordance with procedures and instructions agreed upon by the court and counsel. Yes ____ No ____ . (See www.lycolaw. org for procedures and instructions.)
14. Estimated time to try.
15. Outstanding motions:
16. Counsel are required to be prepared to inform the court of the demand and offer and to discuss settlement. (Party must be available in person or by phone at the time of pretrial conference for purpose of settlement discussions).
17. Miscellaneous--List any matter which you feel is important but which has not been covered.
_________________
Attorney's signature
L1007E. The form of the scheduling order shall be substantially as follows:
Plaintiff; : IN THE COURT OF COMMON PLEAS vs. : LYCOMING COUNTY, PENNSYLVANIA : Defendant; : NO. : : CIVIL ACTION--LAW
SCHEDULING ORDER AND NOW, upon agreement of the parties, it is ORDERED AND DIRECTED as follows:
1. This is a ____ JURY ____ NON-JURY ____ ARBITRATION LIMITS case.
2. Case monitoring tracks: ____ NORMAL, ____ COMPLEX, ____ ADMINISTRATIVE
3. (a) Trial for this case will be in the term of ______ . Counsel are attached and shall immediately notify witnesses to be available.
(b) Pre-trial conference dates are: ______.
The Deputy Court Administrator will schedule the exact date and time by future notice.4. The case will be listed for arbitration on or after ______.
5. The cut-off date for discovery will be ______.
6. Expert reports shall be furnished as follows:
(a) By plaintiff(s) _________________.
(b) By defendant(s) _________________.
7. The cut-off date for filing dispositive motions, including motions to exclude expert testimony under Pa. R. C. P. No. 207.1, will be ______ .
8. (a) The parties agree to use an alternative dispute resolution ____ YES ____ NO.
(b) If yes, ADR will be completed by ______ .
9. This order cancels the case scheduling conference which had previously been scheduled for the date of ______ .
10. Other _________________ .
_________________ ______
Judge Datecc: Eileen A. Grimes, Court Scheduling Technician
_________________ , Esquire
_________________ , Esquire
Pro se party's name and address
[Pa.B. Doc. No. 03-745. Filed for public inspection April 25, 2003, 9:00 a.m.]
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