THE COURTS
Title 255--LOCAL
COURT RULES
ARMSTRONG COUNTY
Adoption of New Local Rules of Court--2002; No. 2002--0189--Misc.
[34 Pa.B. 2912]
Order And Now, this 20th day of May, 2004, it is hereby Ordered as follows:
1. L.R.C.P. No. 208.1, No. 208.2 and No. 208.3, attached to this Order, are hereby adopted as new Local Rules of Civil Procedure.
2. L.R.C.P. No. 205.2, No. 206.1, No. 206.4, No. 1028, No. 1034, and No. 1035.2 are hereby amended to read as shown on the attachment to this Order.
3. L.R.C.P. No. 206.3(b) and the comment to L.R.C.P. No. 206.3 are hereby rescinded.
4. L.R.C.P. No. 249, L.R.C.P. No. 1524 and L.R.C.P. No. 1527 are hereby rescinded.
5. The rule changes implemented by paragraphs 1 through 4 of this Order shall become effective on July 24, 2004.
6. Certified copies of this Order, with attachment, shall be distributed by the Court Administrator as required by pertinent state rules of court, together with a diskette containing the hard copy version where required.
By the Court
JOSEPH A. NICKLEACH,
President JudgeRule 205.2. Pleadings and Other Legal Papers. Format. Cover Sheet.
(a) All pleadings and other legal papers shall be 8 1/2" × 11" in size and be side bound.
(b) Every petition and motion requiring an evidentiary hearing shall have attached thereto a cover sheet as a front page. The cover sheet shall be substantially in the form prescribed by Appendix A of these Local Rules.
Rule 206.1. Petition. Definition. Content. Form
(a) ''Petition,'' as used in this chapter, shall mean:
(1) an application to open a default judgment or a judgment of non pros;
(2) a request for special relief, unless the request seeks an expedited hearing date, a stay, or interim pre-hearing relief;
(3) a petition for civil contempt, except in a support or custody action;
(4) a motion for delay damages; and
(5) a petition for relief from a judgment by confession.
(b) A petition shall specify the relief sought and state the material facts, which constitute the grounds therefor.
(c) A petition shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.
Comment When a request for special relief is filed and an expedited hearing date, a stay, or interim pre-hearing relief is sought, the request is to be treated as a motion, not a petition. The procedure regarding civil contempt adjudications in support and custody actions is governed by separate state rules of civil procedure.
Rule 206.4. Rule to Show Cause
(a) A petition seeking only the issuance of a rule to show cause shall be filed with the Prothonotary. Thereafter, the Prothonotary shall immediately transmit the petition to the Court Administrator. No advance notice of the filing need be given to any party.
(b) Reserved.
(c) A rule to show cause shall be issued by the Court as of course upon petition, pursuant to Pa.R.C.P. No. 206.6. The rule shall direct that an answer be filed to the petition within twenty (20) days after service of the petition on the respondent. The Court may, in appropriate circumstances, direct that an answer be filed within a shorter period of time, or dispense with the necessity of filing an answer altogether. Every petition shall have attached to it a proposed order substantially in the form prescribed by Appendix B of these Local Rules, providing for an evidentiary hearing. The Court on its own motion or upon request of a party may require a case to be submitted on the basis of depositions and oral argument instead of an evidentiary hearing.
Comment A request for a stay of execution pending disposition of a petition to open a default judgment falls within the definition of a ''motion.'' See L.R.C.P. No. 208.1.
Rule 208.1. Motion. Definition.
As used in this chapter, ''motion'' shall have the meaning ascribed to it by Pa.R.C.P. No. 208.1. The term shall include the following:
(1) a request for special relief where an expedited hearing date, a stay, or interim pre-hearing relief is sought; and
(2) a motion for a stay of execution pending disposition of a petition to open a default judgment.
Rule 208.2 Motion. Form. Content. Verification.
a) A motion shall
(1) contain a caption setting forth the name of the court, the number of the action, the name of the motion, and the name of the moving party,
(2) be divided into paragraphs numbered consecutively,
(3) set forth material facts constituting grounds for the relief sought, specify the relief sought and include a proposed order,
(4) include a certificate of service
(5) be signed and endorsed
b) A motion in the form of a request for special relief which seeks an expedited hearing date, a stay, or interim pre-hearing relief shall be verified.
Rule 208.3. Motions Procedure. Motions Judge. Motions Court
(a) The designated Motions Judge shall sit every Tuesday and Friday at 8:30 A.M., except on holidays (''Motions Court'').
(b) Motions, requests and applications intended for consideration by the Motions Judge shall be presented at Motions Court, and are not to be filed in the Office of the Prothonotary in advance of such presentation. The Prothonotary or a deputy shall be present at every session of Motions Court to receive such papers for filing.
(c) Except in an emergency situation, no motion, request or application shall be presented without compliance with the notice provisions of this rule. In an emergency situation, the nature of the emergency and the reasons why the required notice could not be given must be set forth in the motion, request or application then being filed.
(d) For all motions, requests and applications subject to the notice requirements of this rule, a copy of the same together with a notice of the date and time of the intended presentation shall be served upon the other parties at least two (2) business days in advance of the presentation. Service of the copy and the notice may be accomplished personally, by first class mail or by facsimile transmission. Service by mail shall be deemed to be accomplished on the date the mail was received.
(e) A copy of the notice of intended presentation shall be presented to the Motions Judge at the time of presentation of the motion, request or application. The copy shall have attached to it a certificate stating the date and manner of service.
(f) The notice of intended presentation shall be substantially in the form prescribed by Appendix D of these Local Rules.
(g) The certificate of service shall be substantially in the form prescribed by Appendix E of these Local Rules.
(h) Every motion, request, and application presented to the Motions Judge shall have attached thereto a suggested order granting the relief requested.
(i) After presentation of a motion, request, or application, the Motions Judge may enter any order permitted under Pa.R.C.P. No. 208.4.
Comment Motions Court is not intended as the forum for the presentation of petitions as defined by L.R.C.P. No. 206.1. A motion to continue is properly presentable in Motions Court pursuant to L.R.C.P. No. 216, as is a petition to compromise, settle or discontinue an action brought by a minor pursuant to L.R.C.P. No. 2039.
Rule 1028. Preliminary Objections. Brief. Scheduling Order
(a) Reserved.
(b) Reserved.
(c) At the time of filing, all preliminary objections shall be accompanied by a separate brief in support thereof, addressing issues raised in the objections. The preliminary objections must also be accompanied by a proposed order for the purpose of scheduling a hearing or argument thereon, substantially in the form prescribed by Appendix F of these Local Rules.
Rule 1034. Motion for Judgment on the Pleadings. Brief. Scheduling Order
(a) Reserved.
(b) Reserved.
(c) At the time of filing, all motions for judgment on the pleadings shall be accompanied by a separate brief in support thereof, addressing all issues raised in the motion. The motion must also be accompanied by a proposed order for the purpose of scheduling an argument thereon, substantially in the form prescribed by Appendix G of these Local Rules.
Rule 1035.2. Motion for Summary Judgment. Brief. Scheduling Order
(a) Reserved.
(b) Reserved.
(c) At the time of filing, all motions for summary judgment shall be accompanied by a separate brief in support thereof, addressing all issues raised in the motion. The motion must also be accompanied by a proposed order for the purpose of scheduling an argument thereon, substantially in the form prescribed by Appendix G of these Local Rules.
[Pa.B. Doc. No. 04-973. Filed for public inspection June 4, 2004, 9:00 a.m.]
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