THE COURTS
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[34 Pa.B. 3394]
Order And Now, this 23rd day of June 2004, Dauphin County Local Rules are amended as follows:
RULE 205.1. [Filing Legal Papers;] Removing Papers From Prothonotary's Office
[(1) All papers filed in the Office of the Prothonotary shall bear the name of the attorney or party filing them, and the address at which service can be made. In all cases where a judge has been assigned to the matter in dispute, a courtesy copy of all pleadings, briefs or memoranda filed with the Prothonotary shall also be filled with the chambers of the assigned judge. The size and other physical characteristics of all papers or other documents filed shall conform to standards set and established by the Pennsylvania Rule of Appellate Procedure for papers or other documents filed in an appellate court.
(2) The Prothonotary shall endorse upon each paper filed the date and time of its filing, and enter it upon the proper docket.
(3) Except as otherwise provided herein, no original papers shall be removed from the Office of the Prothonotary without prior written permission of the Court upon cause shown. Transcripts of proceedings are deemed to be original papers.
(4) No original note, bond or other instrument upon which a judgment has been entered, shall be removed from the Office of the Prothonotary except for use by the Court.
(5) All other papers may be removed by any attorney who is a member of the Dauphin County Bar--
(a) For return prior to the close of the next business day, upon the filing with the Prothonotary of a signed letter listing with specificity each document to be removed together with a receipt as prescribed by Rule 205.1(7), below.
(b) For a period not to exceed thirty (30) days, with written leave of Court.
(6) A referee, auditor, master or other similar officer appointed by the Court may remove papers for the purposes of his appointment for a period not to exceed ninety (90) days, unless the time be further extended by order of Court.
(7) When an attorney removes papers from the Office of the Prothonotary with permission of the Court he shall give a receipt thereof, setting forth the caption and number of the case, a description of the papers removed and the date of removal, which receipt shall be signed by the attorney removing the papers.
(8) All papers removed on receipt, with or without leave of Court, shall be returned promptly, and in no case shall papers be retained for a period longer than prescribed herein, except by special permission of the Court. If papers are retained beyond the proper time limit, the Prothonotary shall notify the attorney in default of his failure to return such papers, and if such default continues for three (3) days following such notice the attorney concerned shall thereafter be prohibited from removing any papers from the office until the default is corrected. The Prothonotary shall report such cases of continuing default to the Court for appropriate action.]
No original papers, including transcripts, shall be removed from the Prothonotary's Office except by the following officers appointed by the court:
(1) Custody Conference Officers
(2) Divorce Masters
(3) Chair of Board of Arbitration
(4) Chair of Board of View
(5) Special Masters
(6) Court staff and other person(s) specifically authorized by order of court.
Rule 205.2(a) Physical Characteristics Of Pleadings and Other Legal Papers
(1) All documents filed in the Office of Prothonotary shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:
(a) The document shall be prepared on white paper of good quality and the use of recycled paper is encouraged.
(b) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.
(c) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Except as provided in subsection b, margins must be at least one inch on all four sides.
(d) The lettering shall be clear, legible and no smaller than Arial 12 point.
(e) The lettering shall be on only one side of a page.
(f) All exhibit tabs shall appear at the bottom of the pleading.
(g) No backers shall be used on the original or any copies of pleadings or other legal papers filed with the Prothonotary. The original of pleadings or other legal papers should be stapled in the top left corner. If the document is over one-half inch thick, it should be secured with a binder clip. Backers may be used for copies provided to the court, opposing parties or clients.
(h) Exhibits or attachments smaller than 8 1/2 inches by 11 inches shall be attached to a regular size paper by using adhesive tape.
(i) Pages shall be consecutively numbered beginning with page 2 and said number shall appear on the bottom center of the pleading.
(j) The name of the attorney or party, the address at which service can be made, a telephone number and email address of the attorney or party shall appear on the top left hand corner of the first page of all papers filed in the Office of the Prothonotary.
(k) With the initiating filing and all subsequent filings, in cases where medical malpractice is or will be alleged, the notation ''medical malpractice'' shall appear on all captions directly underneath the docket number.
(l) Any courtesy copies of filings that are provided to a judge and served on opposing parties must be firmly bound and any metal fasteners or staples must be securely covered with no sharp or protruding edges of any kind.
(m) Filings of record may be referenced in any subsequent filing but shall not be attached thereto.
(2) The Prothonotary shall endorse upon each paper filed, the date and time of its filing, and enter it upon the proper docket.
RULE 205.2(b) COVER SHEETS (Under Further Review and Consideration)
Rule 206--Petitions and Motions; Stay of Proceedings (Rescinded)
Rule 206.1(a)--Petitions
(1) The only applications designated to proceed as petitions are:
(a) Petitions to Open Judgment;
(b) Non Pros Petitions; and
(c) Any other applications so designated by statute or rule of court.
All other applications shall proceed as motions. If an application is designated by statute or rule of court to proceed as a petition, the statutory basis or specific rule must be specifically set forth in the petition.
(2) All issues relating to the administration, filing and processing of judicial assignments relating to petitions shall be under the direction and supervision of the Civil Calendar Judge.
Rule 206.4(c). Applications Designated to Proceed as Petitions--Rules to Show Cause
(1) An original and one copy of a Petition to Open Judgment or a Non Pros Petition or other application designated by statute or rule of court to proceed as a petition shall be filed with the Prothonotary and served on all other parties.
(2) The Prothonotary shall forward the original petition to the Court Administrator's Office and shall retain the copy in the file. The petition shall be assigned to a judge for disposition by the Court Administrator's Office.
(3) The assigned judge may issue a rule to show cause pursuant to Pa.R.C.P. 206.5 Discretionary Issuance). The judge may also issue a scheduling order, which may include any discovery deadlines, briefing schedule, argument or hearing dates and a stay of proceedings as the judge deems necessary upon review of the petition.
Rule 208.2(c)--Motions--Statement of Applicable Authority
All motions shall include a brief statement of the applicable authority which supports the claim for the requested relief.
Rule 208.2(d)--Uncontested Motions--Certification
All motions shall contain a certification indicating that the moving party has disclosed the full text of the motion and the proposed order to all parties by facsimile or electronic communication, and that concurrence to both the motion and proposed order has been given or denied by each party.
Rule 208.2(e)--Discovery Motions--Certification
A party who files a motion for a protective order or a motion to compel discovery that has been objected to by the opposing party, shall certify, in the motion, that counsel has conferred or attempted to confer with all interested parties in order to resolve the dispute. The moving party shall identify the parties who have not concurred in the motion. If the motion is concurred in by all parties, the moving party shall file a stipulation, which must include the signature of all parties, together with a proposed order for consideration by the court.
Rule 208.3(a)--Motion Procedure
(1) General Procedure.
(a) Motions are defined in Pa.R.C.P. 208.1.
(b) In addition to the requirements regarding the content of a motion found in Pa.R.C.P. 208.2, all motions shall contain the following information:
(i) whether a hearing or argument is requested and the estimated length of time needed for the hearing or argument; and
(ii) whether discovery is necessary.
(c) An original and one copy of a motion shall be filed with the Prothonotary and a copy served on all other parties.
(d) The Prothonotary shall forward the original motion to the Court Administrator's Office and shall retain the copy in the file.
(e) The Civil Calendar Judge shall determine whether the motion should be ruled upon by the Motion Judge or if it should be assigned to an individual judge for disposition, which decision shall be final.
(f) If the Civil Calendar Judge determines that the motion should be assigned to an individual judge, the Court Administrator's Office shall assign the motion to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(g) The Court Administrator's Office shall forward the motion to either the Motion Judge or the Assigned Judge for disposition as aforesaid.
(h) The Assigned Judge or Motion Judge, as the case may be, shall review the motion and issue an appropriate order pursuant to Pa.R.C.P. 208.4.
(i) If the Assigned Judge determines that argument is advisable to be heard before a three-judge panel, the Assigned Judge and the Court Administrator's Office shall make the necessary scheduling arrangements for such panel argument.
(j) Additional rules regarding discovery motions are found in Local Rule 4019, especially those relating to a Motion for Sanctions.
(2) Emergency Motions:
(a) Motions that genuinely require an expedited disposition shall be designated as Emergency Motions by the filing party and clearly indicated as such in the title of the motion contained on the first page thereof.
(b) The attorney or pro se party shall promptly notify the Deputy Civil Court Administrator's Office by telephone as soon as it is determined that an Emergency Motion will be filed, and shall give the Deputy Civil Court Administrator's Office a realistic estimate of the date and time of the intended filing, a detailed description of the background of the motion, and the requested relief.
(c) An original and one copy of the Emergency Motion shall be filed with the Prothonotary.
(d) After filing, the original shall be hand-carried by counsel or the pro se party to the Deputy Court Administrator's Office, and the Prothonotary shall retain the copy in the file.
(e) The Court Administrator's Office shall assign the Emergency Motion to a judge to be resolved as soon as practical.
(3) All issues relating to the administration, filing, and processing of judicial assignments relating to motions shall be under the direction and supervision of the Civil Calendar Judge.
Rule 208.4--Motions--Entry of Order
At the initial consideration of the motion, the court shall enter an order in accordance with Pa.R.C.P. 208.4.
Rule 210--Form and Content of Briefs
(1) Briefs shall contain the following:
(a) a full and accurate procedural history of the case;
(b) a full, accurate and unbiased statement of the facts;
(c) a concise statement of the pertinent legal and factual question(s) involved;
(d) a legal discussion, with accurate and verified citations to legal authority, including contra authority;
(e) a concise statement indicating the requested relief and its specific application to the facts of the case; and
(f) a concise statement setting forth the reasons why oral argument is believed to be necessary or, in the alternative, a statement waiving oral argument.
(2) The Brief of each party, if more than fifteen pages in length, shall contain an Index and a Table of Citation of cases and statutes with reference to the page(s) at which they appear in the Brief. All citations must be verified and brought current to the date of filing.
(3) No Reply Briefs shall be filed unless otherwise directed by the Assigned Judge.
Rule 211--Argument Court (Rescinded)
Rule 215.1 Jury Trials
(1) LISTING--[At least six weeks prior to the first day of a session of civil jury trials, any case which is at issue may be listed for trial by the filing of a certificate of readiness with the Prothonotary.] An original and one copy of a Certificate of Readiness shall be filed with the Prothonotary listing a case for a jury trial in accordance with the timelines published in the Annual Court Calendar. No case subject to compulsory arbitration shall be listed for trial, unless on appeal from a report and award of arbitrators. [The party entering a case for trial shall concurrently give written notice thereof, including a copy of the certificate of readiness, to all other parties. Failure to give such notice may be grounds for striking the case from the list.] The party filing the Certificate of Readiness shall communicate with all counsel and/or pro se parties and confirm the availability of all counsel or the pro se party, as the case may be, together with the availability of all witnesses and all parties for the particular trial term before the Certificate of Readiness is filed. The listing party shall attest that all discovery has been completed, serious settlement negotiations have been conducted, videotaped testimony for use at trial has been recorded, and that the case is READY IN ALL RESPECTS for trial. A copy of the Certificate of Readiness shall be promptly served on all counsel and/or pro se parties. If a party is not represented by counsel of record, such notice shall include the date of the first day of the applicable trial session. The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and shall retain the copy in the file. The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing the Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness. If a party is unable to satisfy the requirements regarding the filing of a Certificate of Readiness due to the unavailability of counsel, parties or witnesses, such party shall immediately file an Administrative Application for Status Conference in accordance with Dauphin County Local Rule 215.3.
[THE CERTIFICATE OF READINESS CONFIRMS THAT ALL DISCOVERY IN THE CASE HAS BEEN COMPLETED, THAT ALL NECESSARY PARTIES AND WITNESSES WILL BE AVAILABLE, THAT SERIOUS SETTLEMENT NEGOTIATIONS HAVE BEEN CONDUCTED, AND THAT THE CASE IS READY IN ALL RESPECTS FOR TRIAL.]
(3) OBJECTIONS TO THE CERTIFICATE OF READINESS FOR JURY TRIAL [AND MOTIONS FOR CONTINUANCE]
(a) [(i) At least three (3) weeks prior to the first day of the trial session any and all objections by a party to the listing of a case must be presented in the form of a motion to strike.] All Objections to the Certificate of Readiness shall be set forth in a pleading, in paragraph form, and filed promptly in accordance with the timelines found in the Annual Court Calendar. The Objection shall contain a procedural history of the case and a detailed statement as to why the objection is being made. [The motion must be filed with the Prothonotary, with copies served upon all other counsel and the Court Administrator's Office.] The original and one copy of the Objection shall be filed with the Prothonotary. The Prothonotary shall forward the original to the Court Administrator's Office and retain the copy in the file. The Objection shall be promptly served on all other counsel and/or pro se parties. Objections filed after the timelines established in the Annual Court Calendar will not be entertained, except in extraordinary circumstances for extremely good cause shown.
[(ii) In cases which are otherwise ready for trial, a party shall move for a continuance pursuant to Pa.R.Civ.P.216. Such motions will be heard by the Calendar Judge unless the case has been previously assigned to another member of the court.]
(b) [Objections and motions for continuance submitted in accordance with Rule 215.1(3)(a) will be heard by the Calendar Judge, as provided for in Rule 215.1(5) on the Friday of the third week prior to the trial session, or as otherwise scheduled by the Court.] All objections shall be heard by the Civil Calendar Judge on the date specified in the Annual Court Calendar.
Rule 215.2--Non-Jury Trials and Other Proceedings (Rescinded)
Rule 215.3--Status Conferences
(1) DISCRETIONARY--[Not earlier than six months a]After the filing of a complaint, a party may [petition the Court] file a pleading designated as an Administrative Application for [s]Status [c]Conference. [The petition shall set forth the procedural history of the case and the reasons necessitating the conference. A copy of the petition shall be served on opposing counsel but no answer shall be required. The conference will be scheduled upon filing a request for assignment of a non-jury proceeding with the Court Administrator's Office.] A status conference may be requested for the purpose of setting a discovery deadline; exchanging information regarding witnesses and expected testimony; settlement discussions; discussion of special requests or problems or for facilitating the case to trial. Following the conference the Court may issue such order as may facilitate the resolution of issues raised at the conference and may assign the case for trial to a particular trial term.
(2) MANDATORY--An Administrative Application for Status Conference shall be filed in all cases that are estimated to last longer than five days (jury selection through a reasonable period of jury deliberation) as soon as it is known or believed that the trial of the case may exceed that period of time. In such instances, the case will be assigned to a judge for case management purposes and eventual trial. At the conference, the assigned judge (in consultation with the Civil Court Administrator's Office), shall identify the civil trial term that accommodates the parties, witnesses, counsel and the court's schedule. The case will be listed for trial for the identified trial term by order of court and will be given a priority status. The scheduling order shall identify the estimated length of trial and any other special considerations.
(3) The Administrative Application for Status Conference shall be in paragraph form and shall set forth the complete and factual procedural history of the case and the reasons necessitating the conference. A copy of the Application shall be served on all opposing counsel and pro se parties and no response shall be required. An original and one copy of the Application shall be filed with the Prothonotary. The Prothonotary shall forward the original to the Court Administrator's Office for assignment to a judge and shall retain the copy in the file. The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall promptly assign the Application for Status Conference to a judge who has had prior significant involvement with the case or if no judge has had prior significant involvement, to a judge on a rotating basis.
Rule 215.4 Complex Litigation Designation: Appointment of a Single Judge
At anytime after the service of the complaint, any party to a case may [petition the Court for complex litigation designation] file a pleading designated as an Administrative Application for Complex Case Designation. The Application shall be set forth in paragraph form. An original and one copy of the Application shall be filed with the Prothonotary. The [petition] Application 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] Application shall further aver that all other parties have been contacted and shall state whether or not they concur in the [petition] Application. Where concurrence has not been obtained, a Rule to Show Cause, returnable within [10] ten days of service, shall be attached to the [petition] Application. The Prothonotary shall forward the original Application to the Court Administrator's Office for further processing and shall retain the copy in the file. The Court Administrator's Office [The matter] shall thereafter [be referred] refer the matter to the Civil Calendar Judge who, upon review of the [petition] Application and any answer 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 the 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 another Application after the pleadings are closed.
Rule 1028(c)--Preliminary Objections--Procedures for Disposition
(1) An original and one copy of the Preliminary Objections shall be filed with the Prothonotary and served on all other parties.
(2) When the Preliminary Objections are ready for disposition in accordance with the Pennsylvania Rules of Civil Procedure, but not earlier than twenty days after actual service on all other parties, a party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
(3) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain the copy in the file.
(4) The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall promptly assign the Preliminary Objections to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(5) The Assigned Judge shall issue a scheduling order, which will include any briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument.
(6) If a party requests that discovery is necessary for the disposition of the Preliminary Objections, said request shall be contained in the Preliminary Objection or in the answer thereto. The Assigned Judge shall dispose of this request in the scheduling order.
(7) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Rule 1034(a)--Motion for Judgment on the Pleadings--Procedures for Disposition
(1) An original and one copy of the Motion for Judgment on the Pleadings shall be filed with the Prothonotary and served on all other parties.
(2) When the Motion for Judgment on the Pleadings is ready for disposition in accordance with the Pennsylvania Rules of Civil Procedure, a party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
(3) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain the copy in the file.
(4) The Court Administrator's Office shall promptly assign the Motion for Judgment on the Pleadings to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(5) The Assigned Judge shall issue a scheduling order, which will include any briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument.
(6) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Rule 1035.2(a)--Motion for Summary Judgment--Procedures for disposition
(1) An original and one copy of the Motion for Summary Judgment shall be filed with the Prothonotary and served on all other parties.
(2) When the Motion for Summary Judgment is ready for disposition in accordance with the Pennsylvania Rules of Civil Procedure, a party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
(3) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain a copy in the file.
(4) The Court Administrator's Office shall promptly assign for Motion for Summary Judgment to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(5) The Assigned Judge shall issue a scheduling order, which will include any briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument.
(6) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
RULE 1038. TRIAL WITHOUT JURY
[Assignment of a case to a judge for a trial without jury shall be requested in accordance with Dauphin County local rule 215.2.]
(1) When a case is READY IN ALL RESPECTS to be scheduled for a trial without a jury, any party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
(2) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and shall retain the copy in the file.
(3) The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall assign the case to be tried without a jury to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(4) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Rule 1301--Arbitration
(2) When a [Praecipe for Arbitration] Certificate of Readiness is filed, it shall contain a statement of any other actions pending in this Court involving a common question of law or fact, together with the amount involved therein. If all such cases are subject to arbitration, the Prothonotary shall consolidate them for arbitration. If any such case is not subject to arbitration, all such cases shall be consolidated for trial before the Court.
Rule 1303--Listing of a Case. Notice. Location. Continuances.
(a) (1) [A party or attorney to an arbitration case shall file a Praecipe for Arbitration in the Prothonotary's Office at lease six weeks prior to the date scheduled for the beginning of an arbitration week and shall concurrently serve a copy of the Praecipe on all other parties or attorneys.] When a case is READY IN ALL RESPECTS for arbitration, a party may file an original and one copy of a Certificate of Readiness with the Prothonotary in accordance with the timelines established in the Annual Court Calendar. The Prothonotary shall forward all original Certificate of Readiness forms to the Court Administrator's Office. The Chair of the arbitration panel shall prepare the list of cases and send the list of cases to all attorneys and pro se parties involved in the cases. The Certificate of Readiness [praecipe] shall contain the following statement:
This matter will be heard by a [b]Board of [a]Arbitrators at the time, date, and place specified by the Chair of the panel but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the Court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a Judge.
A hearing under the provisions of this notice shall be heard by the Arbitration Judge if his/her schedule so permits.
(2) At least thirty [30] days prior to filing a [praecipe to list for arbitration] Certificate of Readiness, a party or attorney must notify all other parties or attorneys of the intention to list.
(3) All hearings shall be in the Dauphin County Courthouse unless otherwise agreed to in writing by the parties or attorneys and the Court Administrator.
(4) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
(b) Continuances
(1) [Motions for continuance shall be in writing and presented to the arbitration panel chairman, with copies served concurrently upon all other parties.] The original and one copy of a pleading designated as an Application for Continuance shall be filed with the Prothonotary. The Prothonotary shall immediately forward the original to the Court Administrator's Office and retain the copy in the file. The Court Administrator's Office shall forward the Application to the Arbitration Chair if the case is less than two years old. If the case is more than two years old, the Court Administrator's Office shall forward the Application to the Arbitration Judge. Applications for Continuance shall be served concurrently upon all other parties. No continuance shall be granted if filed less than ten days prior to the beginning of the arbitration term except in the most extraordinary circumstances. A courtesy copy of the Application shall be sent to the Arbitration Chair.
(2) The Application for Continuance [motion] shall certify that all other parties do or do not concur in the request.
(3) If all parties concur, and the case is less than two years old, the panel [c]Chair[man] shall approve the Application for Continuance [motion] and [note the same on the docket] file an order continuing the matter and directing the parties to file a Certificate of Readiness for a subsequent term.
(4) If a party does not concur, and the case is less than two years old, the panel [c]Chair[man] shall convene a telephone conference among all parties, and shall make a decision on the Application for Continuance [motion]. [He] The Chair shall then inquire if any aggrieved party wishes to appeal the matter to the [Calendar] Arbitration Judge.
(a) If a party indicates an intention to contest the decision of the panel [c]Chair[men], an Application [motion] for [c]Continuance shall thereafter be presented to the [Calendar] Arbitration Judge, reciting the date the Application for Continuance [motion] was presented to the panel [c]Chair[man], the date of the conference call, the names of the attorneys and parties who participated in the call, and the panel [c]Chair[man]'s decision.
(b) If no party indicates an intention to contest the decision of the panel [c]Chair[man], [he] the panel [c]Chair shall [note that decision on the docket] file an order with the Prothonotary indicating the decision.
(5) Only one request for continuance will be granted for cases less than two [2] years old, and none shall be granted for those over two [2] years old, except with leave of court for cause shown.
Rule 1703 Class Actions
When a Class Action Complaint, which is properly captioned as such, is filed with the Prothonotary, a copy of the Complaint shall be immediately brought to the Court Administrator's Office by the filing party. The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, will promptly assign the matter to a judge in accordance with Pa.R.C.P. 1703(b).
Rule 1910.7 Question of Jurisdiction or Venue.
Preliminary Objections to the existence or exercise of jurisdiction or venue in any support action shall be assigned to a judge for disposition [in accordance with Dauphin County Local Rule of Civil Procedure 215.2].
Rule 1910.24 Stay of Proceedings--Support (Rescinded)
Rule 1915.5 Question of Jurisdiction or Venue. No Responsive Pleading Required. COUNTERCLAIM
(c) Preliminary objections to the existence or exercise of jurisdiction or venue in any custody action shall be assigned to a judge for disposition [in accordance with Dauphin County Local Rule of Civil Procedure 215.2].
Rule 1920.2 Question of Jurisdiction or Venue
Preliminary objections to the existence or exercise of jurisdiction or venue in any divorce action shall be assigned to a judge for disposition [in accordance with Dauphin County Local Rule of Civil Procedure 215.2. Either party may submit a non-jury assignment request form to the Court Administrator's Office and the matter will be assigned to a judge in accordance with Dauphin County Local Rule of Civil Procedure 215.2].
Rule 1920.43 Special Relief--Divorce
(1) A petition for special relief filed in accordance with Pennsylvania Rule of Civil Procedure 1920.43 shall include a Rule to Show Cause in accordance with Pa.R.C.P.206.5 (Discretionary Issuance).
(2) When a response to the Rule to Show Cause is filed, [either] a party may, if otherwise appropriate under the Rules of Civil Procedure, [submit a non-jury assignment request form to the Court Administrator's Office and the matter will be assigned to a judge in accordance with Dauphin County Local Rule of Civil Procedure 215.2] file an original and one copy of a Certificate of Readiness with the Prothonotary.
(3) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain a copy in the file.
(4) The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall promptly assign the Petition for Special Relief to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(5) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Rule 2959(e)--Stay of Proceedings--Striking Off or Opening Judgments (Rescinded)
Rule 3121(b)--Stay of Execution--MoneyJudgment (Rescinded)
Rule 3162(b)--Stay of Execution--Ejectment (Rescinded)
Rule 3172(b)--Stay of Execution--Replevin (Rescinded)
Rule 3183(b)--Stay of Execution--Mortgage Foreclosure (Rescinded)
Rule 4013--Stay of Proceedings--Discovery (Rescinded)
Rule 4019 Discovery [Disputes]
(1) (a) [Whenever,] Except in the situations that are covered by subsection (4) hereof, when a dispute arises, during any discovery permitted under the Pennsylvania Rules of Civil Procedure, [a dispute as to the discovery of any matter arises between the parties,] an aggrieved party shall file with the Prothonotary an original and one copy of a Motion for a Discovery Conference [motion with the Prothonotary and immediately deliver to the Court Administrator's Office both a copy of the motion and a non-jury slip as required by Dauphin County Local Rule 215.2(2)]. The Prothonotary shall forward the original discovery conference motion to the Court Administrator's Office for assignment in accordance with Local Rule 208.3(a) and shall retain the copy in the file.
(3) (c) The Judge assigned to conduct the discovery conference [hearing the discovery dispute] shall enter an appropriate order [(1)] disposing of the issues raised in the motion [or (2) directing that the motion be listed for Argument Court].
(4) Procedure for failure to provide discovery permitted by statute, rule of practice, rule of procedure, or order of court. [; Motion for Sanctions.]
(a) WRITTEN DISCOVERY
(1) If a party fails to timely respond [timely] to interrogatories or a request for production of documents, [or fails to appear in response to a notice of deposition] and no extension of time has been granted, no motion for a protective order has been granted, or no objection to the written discovery request has been lodged, the party seeking [issuing] the discovery [request] shall proceed under ONE of the following options: [may file a motion for sanctions.]
(a) DISCOVERY CONFERENCE--the aggrieved party may promptly file a Motion for a Discovery Conference in accordance with Local Rule 4019(1), provided that no written Notice of Intention to Seek Sanctions has been sent pursuant to Local Rule 4019(4)(a)(1)(b) as set forth hereafter.
(b) MOTION FOR SANCTIONS--
(i) A written [n]Notice of [i]Intention to [s]Seek [s]Sanctions, specifically (a) referencing this rule, (b) listing the sanctions sought, and (c) where applicable, noting that the Sanctions Hearing Order will require the presence of both the defaulting party(ies) and their counsel at said hearing, unless counsel for the defaulting party(ies) accepts full responsibility for the default, in writing, filed within five calendar days of receipt of the motion, shall be sent to counsel for the defaulting party(ies), if represented, otherwise to the defaulting party(ies), by certified mail, return receipt requested, at least thirty days before filing a [m]Motion for [s]Sanctions.
[(c)] (ii) If [the requested] a full and complete discovery response authorized by the Pennsylvania Rules of Civil Procedure is received within said thirty-day notice period, no [m]Motion for [s]Sanctions shall be filed. However, a Discovery Conference can thereafter be sought for any appropriate relief upon motion of any party.
[(d)] (iii) A [m]Motion for [s]Sanctions shall state [(1)] the discovery requests alleged to be in default, and [(2)] the requested appropriate [proposed] sanctions [appropriate] pursuant to Pa.R.Civ.P. 4019. A written certificate of service of the written [n]Notice of [i]Intention to [s]Seek [s]Sanctions [under subparagraph (b)] and a copy of the notice shall be attached. If attorneys' fees and expenses are sought, reasonable documentation of time devoted and expenses incurred must [shall] be attached to the [m]Motion. Failure to attach such reasonable documentation shall preclude consideration of that form of relief. A concise Answer to the Motion is permitted if filed within ten days of service of a copy of the Motion for Sanctions.
[(e)] (iv) The Civil Calendar Judge shall conduct a hearing on the [m]Motion, even if the default that prompted the [m]Motion has been corrected before the hearing date.
(v) Nothing in this section shall prohibit a party(ies), who is having difficulty in complying with a discovery request, from requesting a Discovery Conference with the Court by filing a Motion for Discovery Conference before a Notice of the Intention to Seek Sanctions is sent by the requesting party(ies).
(b) DEPOSITIONS
(1) When a party or nonparty fails to appear for a duly noticed deposition, and no Protective Order has been obtained, a Motion for Sanctions may be filed immediately and without further notice. However, it shall be the firm responsibility of the party seeking sanctions to ensure, to a certainty, that actual notice of the deposition was personally served on the person failing to appear.
These amendments shall be effective July 26, 2004.
By the Court
JOSEPH H. KLEINFELTER,
President Judge
[Pa.B. Doc. No. 04-1189. Filed for public inspection July 2, 2004, 9:00 a.m.]
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