THE COURTS
Title 255--LOCAL
COURT RULES
CHESTER COUNTY
Amendments to Rules of Civil Procedure
[34 Pa.B. 3110]
Order And Now, this 3rd day of June, 2004, the following amendments to the Chester County Rules of Civil Procedure are hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance with Pa.R.C.P. No. 239(d). All previous local rules of civil procedure are hereby repealed as of the effective date of these rules, except the rules of the Family Court and of the Orphans' Court Division of the Court of Common Pleas of Chester County, which rules shall remain in full force and effect. Comments which accompany the rules were prepared for the convenience of the bench and bar but are not part of the rules and are not officially adopted.
HONORABLE HOWARD F. RILEY, Jr.,
President Judge
Rules of Civil Procedure
Court of Common Pleas of Chester County Rule 51.1. Citing the Rules
These rules shall be known as the Chester County Rules of Civil Procedure, and shall be cited as ''C.C.R.C.P. _____ ''
Rule 200. Assignment of Court Business
All civil litigation in this court shall be divided into the following categories:
Category A shall consist of all civil matters which include matters filed for jury trial, non-jury trial, equity matters, and cases appealed from arbitration.
Category B shall consist of miscellaneous matters such as name change petitions, license suspension appeals, mechanics lien matters, zoning appeals and other matters requiring disposition by a judge.
COMMENT: Category B is not an exclusive listing of matters requiring disposition by the court. For example, petitions for appointment of arbitrators or for minor's compromise, etc. would be includable.
Category C shall consist of compulsory arbitrations.
Category D shall include all matters under the jurisdiction of the family court division.
Category E shall include all matters which do not require action by a judge, including but not limited to confessions of judgment, transfers of judgment, liens, waivers of liens, lis pendens, etc.
Matters under category D and those within the jurisdiction of the orphans' court division shall not be assigned to individual judges under this rule but shall be handled in accordance with the rules and practices of the orphans' court division and family court division.
The president judge may modify the type of case to be placed in each category or create additional categories of cases.
A. Individual Assignment of Cases
For matters set forth in categories A, B and C, when the case is commenced it shall be assigned for trial and pre-trial proceedings to a designated judge. The designated judge shall be responsible for the matter from the time of initial filing until final disposition, unless otherwise directed by the President Judge of the Court of Common Pleas of Chester County. The assignment of the case shall be made by the prothonotary in accordance with regulations promulgated by the president judge. The assignment regulations shall create a blind rotation system which balances the case loads among the judges. The sequence of assignment shall be kept secret and all steps shall by taken to prevent any person from being able to ascertain the name of the judge to whom any case may assigned before the assignment. When an action is commenced (whether by writ, complaint or otherwise) the papers filed with the prothonotary must be accompanied by a cover sheet in the form provided by the prothonotary and designed to assist the prothonotary in the assignment of each case.
B. Related Cases
If, at the time of the filing of any civil action or proceeding, counsel is aware that a related claim is pending, counsel shall so notify the court administrator in writing. Civil cases are deemed related when they involve common issues of fact or grow out of the same transaction. If it is later discovered that two or more matters are related, the judge to whom the latter case has been assigned may refer the case to the court administrator for reassignment to the judge to whom the earlier related case was assigned.
C. Reassignment of Cases
The president judge may reassign cases whenever necessary to eliminate conflicts, to promote a balance of the work load among the judges and to improve prompt and just administration of all cases.
Rule 200.1. Emergency and Injunctive Matters
The president judge, or the court administrator under direction of the president judge, shall assign, on a rotating basis, an emergency judge and an emergency family court judge. Emergency and injunctive matters which fall under categories A, B and C shall first be addressed to the judge to whom the case is assigned. If the assigned judge is absent or unavailable the emergency judge shall be responsible for emergency and injunctive matters which fall under categories A, B and C. The emergency family court judge shall be responsible for emergencies and injunctive matters which fall under category D.
Rule 205.2(a). Filing Legal Papers with the Prothonotary
All pleadings and other legal papers shall be typewritten (not less than 12 point type), double-spaced and securely fastened.
Rule 205.2(b). Cover Sheet
Each complaint, praecipe or other document commencing an action shall have attached to it a cover sheet in the form set forth below, which shall be served with the complaint, praecipe or other document commencing an action upon all other parties.
COMMENT: If an action is commenced without attaching such cover sheet, the prothonotary shall accept the document for filing, but shall promptly thereafter notify the lawyer or party filing the action to file a cover sheet. The Prothonotary, in such notice, shall provide the lawyer or party with a form of cover sheet and a copy of this Local Rule. If the lawyer or party shall fail, within twenty (20) days of the mailing of such notice, to file a cover sheet, the plaintiff may not proceed further in the action until the cover sheet is filed, but this rule shall in no way affect the obligation of the plaintiff to serve the original process.
Chester County Court of Common Pleas
CIVIL COVER SHEET 1. CASE CAPTION: 1a. CASE NO.:
___________________________
___________________________
___________________________
2. PLAINTIFF(s) (Name, Address)
___________________________
___________________________
___________________________
3. PLAINTIFF'S COUNSEL:
(Name, firm, address, telephone and attorney ID #)
___________________________
___________________________
___________________________
4. DEFENDANT(s) (Name, Address)
___________________________
___________________________
___________________________
5. ARE THERE ANY RELATED CASES?
(See C.C.R.C.P. 200[B])[ ] Yes [ ] No
IF YES, SHOW CASE NOS. AND CAPTIONS:
___________________________
___________________________
___________________________
6. IF THIS IS AN APPEAL FROM A DISTRICT JUSTICE JUDGMENT, WAS APPELLANT [ ] PLAINTIFF OR [ ] DEFENDANT IN THE ORIGINAL ACTION?
7. CASE CODE: ______
DESCRIPTION: ______
8. IS THIS AN ARBITRATION CASE? [ ] YES [ ] NO
(Arbitration Limit is $50,000.00. See C.C.R.C.P. 1301.1)
ARBITRATION CASES ONLY
An arbitration hearing in this matter is scheduled for: ___________________________
___________________________
in the jury lounge, Chester County Courthouse, West Chester, PA. The parties and their counsel are directed to report to the jury lounge for an arbitration hearing in this matter on the date and time set forth above.
NOTICE OF TRIAL LISTING DATE Pursuant to C.C.R.C.P. 249.3, if this case is not subject to compulsory arbitration it will be presumed ready for trial twelve (12) months from the date of the initiation of the suit and will be placed on the trial list one (1) year from the date the suit was filed unless otherwise ordered by the Court.
To obtain relief from automatic trial listing a party must proceed pursuant to C.C.R.C.P. 249.3(b), request an administrative conference and obtain a court order deferring the placement of the case on the trial list until a later date.
FILE WITH : Prothonotary of Chester County
2 North High Street--Ste. 1
West Chester, PA 19380-3050
THIS COVER SHEET IS REQUIRED BY C.C.R.C.P. 205.2(b) AND MUST BE SERVED UPON ALL OTHER PARTIES TO THE ACTION IMMEDIATELY AFTER FILING.
SUBMIT ENOUGH COPIES FOR SERVICE
CASE TYPES CODES AND DESCRIPTIONS All initial filings in this court, which include actions commenced elsewhere and being transferred to or lodged in this court, require the assignment of a case type code.
COMMENT: As of the date of adoption of these rules, the case type codes were as set forth below. The prothonotary maintains a current list of case type codes.
APPEAL/CERTIORARI FROM DISTRICT JUSTICE
132 Contract
137 Landlord/Tenant
134 Personal Injury
133 Property Damage
136 Writ of Certiorari
135 Other Appeal from District JusticeCOMPLAINTS/PRAECIPES FOR WRITS OF SUMMONS--LAW
123 Asbestos Related
87 Automobile Accident--Bodily Injured Involved 87PD Automobile Accident--Property Damage Only
82 Breach of Contract
128 Breach of Warranty
83 Construction of Contract
1 Declaratory Judgment (at law only)
84 Defamation
23 Ejectment
129 Ground Rent
32 Other Negligence
32PD Other Negligence--Property Damage Only
25 Mandamus
86 Medical Malpractice
108 Minors Compromise
27 Mortgage Foreclosure
28 Partition
88 Products Liability
29 Quiet Title
30 Quo Warranty
31 Replevin
21 To Conform Previously Confessed Judgment
20 Other Complaint or Praecipe for Writ of Sum mons at lawEMINENT DOMAIN
35 Declaration of Taking
46 Petition for Appointment of Board/Jury of View
114 Other Eminent Domain ProceedingEQUITY--COMPLAINTS/PRAECIPES FOR WRITS OF SUMMONS IN EQUITY
130 Declaratory Judgment (in equity only)
24 Injunctive Relief--Preliminary and/or Final
61 Other Complaint or Praecipe for Writ of Sum mons in equity onlyFAMILY
19 Annulment
18 Custody/Partial Custody/Visitation
131 Divorce (ancillary relief requested)
22 Divorce (no ancillary relief, e.g. equitable dis tribution, alimony pendente lite, etc., re quested--custody count may be included)
47 Protection from AbuseMECHANICS LIEN
42 Mechanic's Lien Claim
MISCELLANEOUS
5 Appeal from Board of Assessment
8 Appeal from Suspension of Operators License
52 Change of Name
76 Compel Appointment of Arbitrator
77 Compel Arbitrator
75 Confirm Arbitration Award
141 Election Appeal or Other Challenge
45 Involuntary Dissolution
98 Issuance of Foreign Subpoena
A Leave to Appeal Nunc Pro Tunc (assign case code of underlying matter)
100 Other Miscellaneous Motions, Petitions and Ap peals
48 Writ of Habeas CorpusMUNICIPAL/ZONING
9 Zoning Appeal
74 Any other Municipal appeal--Non-ZoningALL OTHER
43 Other--any case type not covered by any of the above
Rule 206.1. Petitions
Rule 206.1(a). Purpose and Designation
All applications for which the procedure for the relief sought is not otherwise specifically addressed elsewhere in the rules and which require the assertion of facts not of record are hereby designated as petitions. A petition, generally speaking, is a request for relief ancillary to a given cause of action. Each petition shall be accompanied by a verification or affidavit verifying the facts stated in the petition.
Rule 206.1(b). Title
A petition should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely ''petition'', it should be designated Defendant Jones' Petition for Extension of Time to Join Smith as Additional Defendant).
Rule 206.2. Motions, Petitions and Preliminary Objections--General Requirements
All motions, petitions and preliminary objections shall be in writing and shall be accompanied by a proposed form of order; a petition shall also be accompanied by an order allowing a rule to show cause in form as set forth below, which order is hereinafter sometimes referred to as a ''rule'' or a ''rule to show cause.'' Every motion and petition shall refer to the procedural rule, statute, or other authority relied upon to justify the relief requested and shall display counsel's name, address, I.D. number and telephone number. No motion, petition or preliminary objection shall be dismissed for failure to be accompanied by a form of proposed order or for failure to be accompanied by a form of proposed order or for failure to refer to the procedural rule, statute or other authority relied upon or for failure to display counsel's name, address, attorney identification number or telephone number.
COMMENT: For discovery motions and petitions, see certification requirements under rule C.C.R.C.P. 208.2(e).
Rule 206.3. Service and Certification
(a). Immediately after filing with the prothonotary, each party, shall serve upon all other counsel and unrepresented parties complete copies of all rules, proposed orders, petitions motions, preliminary objections, and answers to same.
(b) Each party shall, within five (5) days of the filing of any document, file with the prothonotary a separate document in the form specified by C.C.R.C.P. 206.3(d) certifying that service of a complete copy has been made.
(c) The court at its discretion may strike, dismiss or deny, any petition, motion or preliminary objection for failure of the moving party to comply with the service and certification requirements of this rule.
(d) Certifications of service shall be in substantially the following form:
(CAPTION)
CERTIFICATION OF SERVICEThis is to certify that in this case, assigned to
Judge [insert the name of the judge to whom the case is assigned], complete copies of all papers contained in [insert specifically the title of petition/motion/preliminary objections/praecipe, etc. served] have been served upon the following persons, by the following means and on the date(s) stated:
Name: Means of Service: Date of Service: ______ ______ ______ ______ ______ ______ ______ ______ ______ Attorney's Name
Address
I. D. Number
Telephone NumberRule 206.4(c). Procedure For Rule To Show Cause
(a) The petitioner shall attach to any petition a proposed order substantially in the following form:
(CAPTION)
ORDERAND NOW, this _____ day of ______, 20 ____ , upon consideration of the foregoing petition, it is hereby ordered that
1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
2) The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;
3) The petition shall be decided under Pa.R.C.P. No. 206.7;
4) Depositions shall be completed within forty-five (45) days of the service upon petitioner of the answer to the petition;
5) Notice of the entry of this order shall be provided to all parties by the petitioner.
BY THE COURT:
__________
J.(b) In instances where the order seeks a stay order or other substantive relief or seeks to have a hearing date set immediately or otherwise requests special immediate relief, the form of the order shall be modified accordingly and the order shall contain such of the following provisions as are appropriate:
A hearing on the within petition is hereby scheduled to be held on _____ , the _____ day of _____ , 20 __ , at _____ __ . M. in Courtroom No. _____ , of the Courthouse of Chester County, West Chester, Pennsylvania.
and/or
[If a stay is being requested]
All proceedings shall stay in the meantime. The petitioner is directed to file a bond in the amount of $ ______ by the following date: ______ . Upon cause show by the respondent, the court may increase the amount of the bond or security.
Rule 206.4(c)(1). Per Curiam
The procedure of Pa.R.C.P. No. 206.6 is adopted. An order containing a rule to show cause, except one which by its terms grants substantive relief or which contains a stay order or seeks to require an answer by respondent(s) in less than twenty (20) days, shall be issued per curiam when presented to the court administrator
COMMENT: Even if respondent does not deny any of the facts set forth in the petition, if respondent objects to the granting of the relief requested either on the basis that the facts set forth in the petition, even if true, do not warrant the granting of the relief sought, or on any other basis, respondent should file an answer specifically so stating.
Rule 206.4(c)(2). Stay or Substantive Relief
Any petitioner seeking a rule which stays proceedings or which by its terms grants substantive relief shall present the petition, proposed order and rule to the judge assigned to the case, except for family court and orphans' court matters which shall be presented to a judge sitting in that division. The court will not enter the stay or grant the relief unless:
(1) Notice: it appears from the petition that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time, and place of the application; or
(2) Stipulation: it appears from the petition that there is an agreement by all parties in interest; or
(3) Exigency: the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate relief.
Rule 206.4(c)(3). Admissions.
All well-pled factual averments in a petition upon which a rule to show cause has been granted, or in preliminary objections endorsed with a notice to plead and properly containing averments to fact, shall be deemed admitted unless an answer specifically denying the same is filed on or before the close of court within twenty days after service of the petition upon the respondent(s), or such shorter time as the court may have allowed, or, in the case of preliminary objections, on the date on which an answer to the preliminary objections is due pursuant to the Pennsylvania Rules of Civil Procedure. The requirements of Pa.R.C.P. No. 1029 shall apply to this provision.
Rule 206.4(c)(4). When No Answer Is Filed
If no answer has been timely filed, the petitioning party, not less than five (5) days after the rule return date, may move to have the rule made absolute, granting the prayer of the petition, and the Court may consider such petition as unopposed and grant such motion as of course. The motion shall be accompanied by a proposed order and a certificate of service but no brief shall be required. The provisions of Rule 206.1(c) shall not apply to motions to make a rule absolute filed pursuant to this section.
COMMENT: A party upon whom a petition is served has an obligation to answer the petition if the relief sought is opposed. See comment to Rule 206.1(c) above. See C.C.R.C.P. 200.1 regarding emergency and injunctive matters. See 206.1(d) of this rule for treatment of preliminary objections which raise questions of jurisdiction or venue and any other preliminary objections which deal with facts not otherwise of record; those types of preliminary objections shall be handled under subsection 206.1(b), as though they were petitions, except that such preliminary objections shall not be accompanied by a rule to show cause.
Rule 206.5. When Answer is Filed
When an answer has been timely filed and the issue raised by the petition, motion or preliminary objection is ripe for consideration, pursuant to the provisions of Pa.R.C.P. No. 206.7, any party may file a praecipe for determination in the form described by C.C.R.C.P. No. 206.6 along with a supporting brief. If a petitioner files a praecipe for determination on petition and answer, all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted. If a respondent orders the matter for argument on petition and answer without having taken depositions or such other discovery as the court may have allowed, then all averments of fact properly pleaded in the petition shall be deemed admitted for the purposes of the rule, unless the petitioner shall have failed to take depositions or such other discovery as the court may have allowed within the time required, in which event the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer, shall be deemed admitted pursuant to Pa.R.C.P. No. 206.7(c). Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination. The assigned judge may, at his or her discretion, extend the time for filing briefs.
Rule 206.6. Praecipe for Determination
To have any matter submitted to the Court for a decision, a party shall file with the Prothonotary a Praecipe for Determination. Immediately after filing same with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties a copy of the Praecipe for Determination as well as any other documents filed therewith. The Praecipe for Determination shall be in substantially the following form:
(CAPTION)
PRAECIPE FOR DETERMINATIONTO THE PROTHONOTARY:
Kindly submit the following matter to
Judge [insert the name of the assigned judge]
for determination:
insert specifically the title of petition/motion/preliminary objections, etc. to be submitted.]
(date of filing/service): ______ .Attorney's name
Address
I. D. Number
Telephone NumberCOMMENT: This praecipe is to be filed with the prothonotary, not the court administrator.
Rule 208. Motions
Rule 208.2. General
All motions shall be filed in accordance with C.C. R.C.P. 206.2.
Rule 208.2(c). Applicable Authority
All motions should include a brief statement of applicable authority.
Rule 208.2(d). Uncontested Motions--Certification
A motion may be treated as uncontested when the moving party appends to it a certificate that counsel has conferred with all interested parties in respect to the matter and has been affirmatively advised that there are no objections to the relief sought in the proposed order.
COMMENT: Non-responsiveness on the part of an opponent shall not be equated by the movant to the lack of contest.
Rule 208.2(e). Discovery Motion and Petition Certification
i. All counsel have an affirmative obligation to confer and discuss discovery matters and make a good faith effort to resolve such differences as may exist
ii. Any motion or petition relating to discovery must be accompanied by a certificate of counsel for the moving party certifying that counsel has conferred with opposing counsel with respect to each matter set forth in the discovery motion or petition in good faith, but has been unable to resolve the issue. The certificate shall set forth the exact time, place and manner (which may be telephonic) of the conference or, in a case in which counsel for the moving party cannot furnish such certificate, counsel shall furnish an alternative certificate stating that opposing counsel has refused to so confer. The alternative certificate shall also set forth the efforts made by counsel for the moving party to obtain compliance by opposing counsel and such other facts and circumstances as exist to justify the absence of the required certificate.
iii. The court at its discretion may strike, dismiss or deny the petition or motion for failure of the moving party to comply with the certification requirements of this rule, or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of the moving party to comply with the certification requirements of this rule or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of moving counsel to arrange such conference.
Rule 208.3(a). Motions--Titles and Attachments
(1) Generally, motions may be used to obtain relief upon undisputed facts of record, with several exceptions, one of which shall be that averments by counsel that pleadings, documents or discovery requests have been exchanged or transferred. In the latter event copies of all such documents shall be attached, unless already in the record, in which event they can be incorporated by reference. Every motion shall be signed by its moving counsel or party.
(2) The motion or reply should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely ''motion,'' it should be designated Defendants' Motion for Sanctions Against Plaintiff or Additional Defendant's Second Motion for Sanctions Against Defendant Smith, etc.).
(3) To promote uniformity of civil practice the following types of discovery matters shall be treated as motions, not as petitions, even though they may contain limited assertions of fact not of record:
motion for sanctions for failure to answer interrogatories;
motion for sanctions to failure to produce documents or things;
motion for sanctions for failure to appear for deposition;
motion to compel mental or physical examination;
motion to compel further answers to interrogatories;
motion to compel further production of documents.
(4) Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:
(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;
(ii) any motion supported by a stipulation of counsel.
(5) If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.
COMMENT: See C.C.R.C.P. 1035.2 (a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.
Rule 208.3(b). Responses
All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be referred to the court for disposition.
210. Briefs or Legal Memoranda
All briefs or legal memoranda shall contain the following matter under the following headings:
1) History of the Case: A brief, informal statement of the facts material to the matter under consideration.
2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.
3) Legal Argument: The section must contain citations to the case law, rule or statute relied on.
4) Conclusion: Specify the type of relief requested.
Rule 211.1. Oral Argument
A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.
B. The court may at any time schedule oral argument or conduct an evidentiary hearing on any matter pending before it.
C. Any party may request oral argument by filing with the brief a separate ''Request for Oral Argument'' which shall include the following:
1. The judge to whom the matter is assigned.
2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.
3. A concise statement setting forth why oral argument is necessary.
4. The date upon which the Praecipe for Determination was filed.
Rule 212.1. Pretrial and Settlement Conference
A. Prior to the trial of any case (i.e. jury, non-jury, equity and arbitration appeals), the court may conduct a pretrial and settlement conference. The assigned judge may schedule a pretrial and settlement conference at any other time as he or she deems appropriate.
B. No later than five (5) days in advance of a scheduled conference, each party shall file with the prothonotary and immediately serve upon the assigned judge and all other parties a conference memorandum.
COMMENT: These rules do not in any way alter the requirements of Pa.R.C.P. 212.1 et seq.
C. The conference memorandum shall set forth the following:
(1) A brief statement of the nature of the action; plaintiff shall set forth the claim and defendant(s) shall set forth the defenses.
(2) A statement of the salient facts of the case.
(3) A list of all monetary damages claimed, including lost earnings, loss of future earning capacity, medical expenses (itemized), etc. If relief other than monetary damages is sought, information adequate for an order granting the relief sought shall be furnished.
(4) Special comments regarding legal issues or other appropriate matters.
(5) Parties shall attach to the memorandum copies of reports from all experts expected to be called at trial.
(6) A list showing the names and addresses of all witnesses each party intends to call at trial.
(7) A schedule of all exhibits to be offered at trial.
(8) An estimate of the number of days required for trial.
D. Except in non-jury and equity cases, the conference memorandum of each party shall provide the demand, offer and status of negotiations.
E. All counsel shall have immediate access to their respective clients or those with settlement authority for the purpose of resolving the claim. Unless otherwise instructed, counsel shall not bring their respective clients to the pretrial and settlement conference.
COMMENTS: (1) It is expected that this memorandum will not exceed 3 pages, except in unusual cases. (2) Access via telephone to the client or those with settlement authority shall be sufficient for purposes of this rule.
F. If a settlement conference is requested in a non-jury, or equity matter, the case shall be referred to the court administrator for assignment of the settlement conference only to another judge. Once the settlement conference has been concluded, the case will then be returned to the judge originally assigned to the case. All requirements for the pretrial and settlement conference as set forth above shall apply to such settlement conference, except that the conference memoranda shall be served upon the judge conducting the conference, not the assigned judge.
Rule 216.1. Prior Commitments of Counsel
No continuance will be granted by reason of the absence of associate counsel or by reason of prior commitments of counsel in any court other than the Supreme, Superior or Commonwealth Courts of Pennsylvania, a federal appellate court, or in other cases in which counsel is actually on trial or is properly attached to any court of record. When it is known that counsel will be so engaged, he or she shall forthwith notify opposing counsel and the court administrator.
Rule 225.1. Jury Trial Summation
(a) Unless the trial judge shall otherwise grant leave, only one attorney may sum up for any party.
(b) In trials which involve only one plaintiff and one defendant, if evidence has been received from each party, plaintiff's attorney shall first sum up and defendant's attorney shall then follow. Plaintiff's attorney may then speak solely in rebuttal. If no evidence has been received from the defendant, the same order of summation shall apply, except that plaintiff's attorney shall not speak in rebuttal.
(c) In trials which involve a third-party action, if evidence has been received from each party, the plaintiff's attorney shall first sum up as in (b). Defendant's attorney shall next sum up both for defendant, as in (b), and for defendant as third-party plaintiff. The attorney for the third party (i.e., additional) defendant shall next sum up as the nature of his third-party defense may require. The attorney for third-party plaintiff may then reply in rebuttal and thereafter the attorney for the original plaintiff may reply in rebuttal of only the arguments made by the original defendant.
(d) In multi-party actions and in actions which involve third-party actions, if one or more of the parties offers no evidence, the order of summation shall be determined by the trial judge.
(e) In actions involving more than one plaintiff, defendant or third-party defendant, the trial judge shall determine the order of speaking.
Rule 226.1. Trial Memorandum. Proposed Findings of Fact and Conclusions of Law
(a) Trial Memorandum and Points for Charge. Each party shall file a trial memorandum and, in all jury trials, requested points for charge no later than the commencement of trial. Each requested point for charge shall cite the authority therefor. Additional memoranda and points for charge may be submitted during trial.
(b) Findings of Fact and Conclusions of Law. In all cases tried by a judge sitting without a jury, each party shall file proposed findings of fact and conclusions of law no later than the commencement of trial. Additional proposed findings and conclusions of law may be submitted during trial.
Rule 227.2. Post-Trial Motions
(a) All post-trial motions must specify the grounds relied upon.
(b) Any request for leave to file additional specific grounds for post trial relief shall be made by motion and proposed order, and the motion shall contain specific reasons in support thereof. The motion shall be filed with the prothonotary within ten (10) days after verdict and the movant shall file a certification of service of the motion in the form provided by C.C.R.C.P. 206.3.
COMMENT: Nothing in this rule is intended to permit a party to supplement post-trial motions after receipt of the transcript without having timely obtained leave of court.
(c) Copies of post-trial motions must be served upon the trial judge. If notes of testimony are needed the movant must notify the court reporter of the need to transcribe any part or all of the record. Failure to notify the court reporter shall mean that such party does not desire a transcript of the notes of testimony.
COMMENT: It is the responsibility of the party or parties requiring a transcript of the notes of testimony to obtain such transcript in a timely fashion. Counsel and parties are warned that, in light of Pa.R.C.P. No. 227.4(1)(b), the schedule for the filing of briefs cannot be extended.
(d) Thereafter, the court reporter shall prepare a transcript of such notes for each of the parties who have indicated a desire to have them, together with one original for the court. The court's copy shall contain all the notes requested to be transcribed.
COMMENT: See Rules of Judicial Admin. 5000.1 et seq. regarding transcripts and fees.
(e) No continuance of argument properly scheduled will be granted because of a party's failure to observe the requirements of this rule.
(f) No motion for new trial upon the ground of after discovered evidence will be entertained unless it sets forth the reasons for failure to produce the same at the trial and unless based upon affidavits containing the names of the witnesses and the substance of their expected testimony.
(g) Post-trial motions will be brought before the Court by filing a praecipe for determination under C.C.R.C.P. No. 206.6. The praecipe for determination shall be filed at the time of the filing of the post-trial motion. Upon the filing of the praecipe for determination accompanying a post-trial motion, oral argument shall be scheduled forthwith by the Court.
COMMENT: In view of Pa.R.C.P. No. 227.4(1)(b), which permits entry of judgment if an order disposing of all post-trial motions is not entered within one hundred and twenty (120) days after the filing of the first such motion, oral argument will be scheduled for approximately ninety (90) days following the date of the filing of the first such motion.
(h) The following schedule for the filing of briefs shall apply unless otherwise directed by the assigned judge:
(1) No less than three (3) weeks before the day set for oral argument, the moving party (petitioner or movant) shall serve upon all counsel and unrepresented parties a complete copy of the brief; the brief shall be filed with the prothonotary along with a certification that service has been made.
(2) No less than one (1) week before the day set for oral argument, the responding party shall file a brief and certification of service and shall immediately serve a copy on each counsel and unrepresented party.
(3) The Court may, in its discretion, refuse to hear argument upon issues which have not been reasonably discussed in a party's brief, and it may decline to hear oral argument addressed from any party who has failed to comply with the foregoing provisions of this rule.
(i) Oral argument may be waived by agreement of all parties but, even if oral argument is waived, briefs shall nevertheless be due pursuant to paragraph (h) above, based upon the date originally set for oral argument.
Rule 229.1. Withdrawal of Post-Trial Motions, Exceptions or Appeal
Whenever post-trial motions or exceptions are withdrawn or an appeal is terminated by a party, that party shall immediately advise in writing the judge whose decision, order, or adjudication was being challenged.
Rule 233.1. Notices
(a) The Chester County Law Reporter shall be the legal periodical for the publication of all notices. One copy of each issue shall be deposited by the publisher in the office of the prothonotary and one in the Law Library of Chester County for public reference.
(b) Except as otherwise provided by Acts of Assembly, rule or special order of court, service by publication shall be made by publication once in the Chester County Law Reporter and in one daily or weekly newspaper of general circulation within the county and in such manner that the person so served shall have at least five (5) days after publication to act thereon.
Rule 233.3. Interpreters; Costs
In all proceedings before a judge, district justice or hearing officer where the services of an interpreter are necessary, an official court interpreter shall be used when available. In other instances an interpreter shall be engaged by the parties, subject to the approval thereof by the court or the hearing officer.
COMMENT: At depositions and proceedings other than those listed above, the litigants shall bear the fees and costs of the interpreter.
Rule 241. Bill of Costs. Counsel Fees
(a) Affidavit. The affidavit of the party or other person to the correctness of the bill of costs and the attendance and materiality of the witnesses shall be annexed and shall be prima facie evidence to the taxing officer.
(b) Taxation. The bill of costs shall be taxed, in the first instance, by the prothonotary upon application of a party. The moving party shall ''provide the adverse party with a copy of the bill within ten (10) days after filing. Exceptions shall be filed within ten (10) days of the receipt of such copy. A re-taxation shall then be had before the prothonotary upon ten (10) days notice thereof to both parties. The prothonotary shall give written notice of the re-taxation to both parties, from which either party may appeal to the court within five (5) days thereafter, provided that the appellant shall, within three (3) days after the appeal is entered, file a specification of the items to which he objects and the grounds of his objections; otherwise the appeal will be dismissed. No exceptions or appeal shall operate to stay execution or prevent the collection of the debt of costs, but when collected on execution or paid into court, the items to which exceptions have been taken will be retained until the question is decided.
(c) Counsel Fees. When counsel fees are sought under the provision of 42 Pa.C.S. § 2503 as part of the taxable costs of a matter, the party seeking them shall do so by filing an appropriate petition within twenty (20) days of the conclusion of the case in this court. The proceedings shall be conducted under Pa.R.C.P. No. 209 and C.C.R.C.P. 206.1.
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