THE COURTS
ERIE COUNTY
Revision and Restatement of the Rules of Civil Procedure; Civil Division--Misc. Doc. No. 90047 Court Order 2004
[34 Pa.B. 4112]
Order And Now, this 8th day of July, 2004, the following revisions and additions to the Rules designated as the Rules of Civil Procedure for the Court of Common Pleas of Erie County, Pennsylvania, are hereby approved, adopted and promulgated as the Rules of Court. These Rule changes, revisions and deletions shall become effective thirty (30) days after the publication of the same in the Pennsylvania Bulletin and they shall apply to all actions pending at the time.
WILLIAM R. CUNNINGHAM,
President JudgeThe following Rules have been deleted from the Local Rules of the Court of Common Pleas of Erie County, 6th Judicial District of Pennsylvania:
Rule 205.3. Civil Cover Sheet
Rule 212.1(d--e)
Rule 217. Costs of Continuance
Rule 219. View of Premises
Rule 221.1. Examination of Jurors Before Trial
Rule 227.5. Judgment on Verdict
Rule 227.6. Judgments by Agreement
Rule 248. Modification of Time
Rule 302(d--k)
Rule 303(b)(f--g)
Rule 310. Termination of Action or Proceeding Because of Inactivity
Rule 314. Sanction for Late Settlement
Rule 500. Auditors and Auditors' Reports
Rule 501. Limitations on Bail and Surety
Rule 502. Distribution
Rule 503. Assignees of Creditors
Rule 504. Sheriff
Rule 505. Surveyors
Rule 1007.2 Number of Jurors, Civil Trial
BUSINESS OF COURTS Rule 205.2. Physical Characteristics of Pleadings and Other Legal Papers
(a)(1) All papers filed in the Office of the Prothonotary shall be filed on letter-sized paper, 8-1/2" × 11".
(2) The caption of all papers allowed or required to be filed shall contain the term and number at which the action is filed.
(b) The document(s) filed to commence an action shall include a completed and signed civil cover sheet, in the form provided by the Court.
Rule 206.1 Petition. Definition.
(a) As used in these rules, ''petition'' means
(1) An application to open a default judgment or a judgment of non-pros.
Rule 206.4 Petition. Rule to Show Cause.
(a) A petition shall proceed upon a rule to show cause, the issuance of which shall be as of course in accordance with the procedure set forth in Pa. R.C.P. No. 206.6.
(b) [Reserved]
(c) The petitioner shall file the petition with the Prothonotary with a copy to the assigned judge, together with a proposed order in conformity with Pa. R.C.P. No. 206.6. The assigned judge shall issue the appropriate order, and the petitioner shall provide notice of entry of the order to all parties as contemplated by Pa. R.C.P. No. 206.6.
Rule 208.2. Motion. Form. Content.
(a) [Reserved]
(b) [Reserved]
(c) Unless a certification is filed that a motion is presented as uncontested, any motion shall include a brief statement of the applicable authority.
(d) Except as set forth in Erie L.R. 208.3(b), a motion shall be treated as a contested motion unless it contains a certification by counsel or by an unrepresented party that the motion is uncontested. A motion may be presented as uncontested where counsel or an unrepresented party can certify that the opposing party has consented to the relief requested or where prior notice of intention to present the motion and proposed order has been served in accordance with Local Rule No. 440 and the opposing party has neither indicated an intention to object nor appeared at the time of presentation and expressed an objection.
(e) Any motion relating to discovery shall include a certification signed by counsel for the moving party or an unrepresented party certifying that counsel or the unrepresented party has conferred or attempted to confer with all interested parties to resolve the matter without Court action.
Rule 208.3. Motion Procedures.
(a) This rule describes the procedures governing non-dispositive motions within the scope of Pa.R.C.P. No. 208.1.
(1) The original of any motion shall be filed with the Prothonotary and a copy thereof shall be provided to the assigned judge. If a judge has not yet been assigned, the party seeking to present a motion shall first submit a request for judicial assignment with the trial court administrator and obtain assignment to a judge to whom the motion shall be presented. (See Erie L.R. 302 with respect to the filing of requests for judicial assignment.) The judge to whom the case has been assigned will schedule argument and either notify all parties or advise the moving party to notify all other parties of the time, date and location of argument.
(2) After any order is issued by the Court relating to a motion, whether such order grants or denies the relief requested, schedules argument thereon or deals with any other related matter, and unless the order states otherwise, the moving party shall immediately file the original of said order with the Prothonotary and contemporaneously therewith shall serve a copy of said order on all other counsel and unrepresented parties.
(3) To supplement the procedure set forth in (a)(1) above, each judge shall establish a schedule when he/she will be available for presentation of non-dispositive motions in cases assigned to that judge, which schedule must be published on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org) and the website of the Erie County Court of Common Pleas (www.eriecountygov.org).
(4) If counsel and/or unrepresented party notifies opposing counsel and/or parties that a motion will be presented to a judge at a specific time and then fails to appear, the Court, upon motion, will consider an appropriate sanction including, but not limited to, an award of attorney's fees.
(b) With respect to any motion which is contested, a response shall be filed within twenty (20) days after service of the motion. All motions which are contested shall be accompanied by a rule to show cause for the scheduling of a hearing or argument as appropriate. Where no response is filed, the moving party shall notify the court and the motion shall be deemed to be uncontested and the Court may proceed to issue a ruling upon the motion. Oral argument shall be scheduled by the Court unless the parties waive oral argument. Nothing set forth herein shall be deemed to limit the discretion of the Court to enter an order in accordance with Pa.R.C.P. 208.4 upon initial consideration of a motion.
Rule 210. Form and Content of Briefs.
Except by prior permission of the Court, briefs (exclusive of pages containing the table of contents, table of citations and any addendum containing opinions, etc., or other similar supplementary matter) shall not exceed twenty-five (25) pages of double-spaced conventional typographical printing. This Rule shall not apply to briefs on post-trial motions. Non-conforming or illegible briefs will not be considered.
Rule 212.1. Pretrial Procedure
(a) Scope
This Rule shall encompass all civil actions, except actions where jurisdiction lies in the Family/Orphans Court Division.
(b) Case Management Orders (CMO)
1. Case Management Orders--General
(A) At the time of judicial assignment, the Office of Court Administration shall issue a CMO designating dates for the close of discovery, the filing of pretrial statements, and a proposed trial term.
(B) At any time prior to judicial assignment, the parties may agree to the entry of a CMO by filing a stipulation with the Office of Court Administration and the Prothonotary.
(C) Following the entry of the CMO, any request for modification shall be done by motion filed with the Prothonotary and mailing or delivering a copy to the assigned judge.
2. Case Management Orders--Time Limitations
(A) All CMOs, except those requested by stipulation, which are issued by the Office of Court Administration, shall provide the following time limitations:
(i) Close of discovery within two hundred forty (240) days of the issuance of the CMO.
(ii) Plaintiff's pretrial statement filed within thirty (30) days of the close of discovery.
(iii) Defendant's pretrial statement filed within sixty (60) days of the close of discovery.
(iv) The proposed trial term within one hundred twenty (120) days of the discovery, or as close thereto as the availability of trial terms may allow.
(B) If a case has been accepted by the Court as ''complex,'' all CMOs shall designate dates consistent with the following time limitations:
(i) Close of discovery is five hundred forty (540) days from the issuance of the CMO.
(ii) Plaintiff's pretrial statement filed within forty five (45) days of the close of discovery.
(iii) Defendant's pretrial statement filed within ninety (90) days of the close of discovery.
(iv) The proposed trial term within one hundred eighty (180) days of close of discovery, or as close thereto as the availability of trial terms may allow.
(C) If a case has been accepted by the Court as ''expedited,'' all CMOs shall designate dates consistent with the following time limitations:
(i) Close of discovery is ninety (90) days from the issuance of the CMO.
(ii) Plaintiff's pretrial statement filed within fifteen (15) days of the close of discovery.
(iii) Defendant's pretrial statement filed within thirty (30) days of the close of discovery.
(iv) The proposed trial term within ninety (90) days of close of discovery, or as close thereto as the availability of trial terms may allow.
(D) A party may request that a case be designated as complex or expedited by the filing of a stipulation or motion.
(E) All cases where the amount in controversy is within the limits for mandatory arbitration shall be designated as ''expedited'' cases and CMOs issued accordingly.
(c) Settlement Conference
A party may request that the assigned judge conduct a settlement conference at any time after the filing of the last responsive pleading.
(d) Certification For Trial
1. These certification procedures apply to all civil jury and non-jury cases.
2. In order to have a case assigned to a particular trial term, all counsel or parties must certify the case as ready for trial by filing with the Prothonotary and serving upon the Court Administrator a certification in substantially the form contained herein and designated ''Certification I.''
3. If a party has failed to comply with the timetables established in the CMO or has failed to sign a Certification I after being requested to do so in writing, a party wishing to place the case on the trial list must file a certification in substantially the same form contained herein and designated ''Certification II.''
4. A Certification I or II indicating readiness for trial shall be filed with the Office of Court Administration and the Prothonotary no later than the last Friday of the calendar month that precedes the month immediately before the beginning of the proposed trial term, unless a different deadline is established by notice published in the Erie County Legal Journal.
5. All ''Certification II's'' shall be forwarded to the assigned judge for disposition.
Rule 212.2. Pretrial Statements
(a) In addition to the requirements set forth at Pa. R.C.P. 212.2, all Pretrial Statements shall contain:
1. A list of any unusual legal issues.
2. Where appropriate, authorization to other parties to examine pertinent records unless earlier provided.
3. For any party asserting a claim for damages, the method of calculation and how damages will be proven.
4. For any party defending a claim for damages, any defenses to the damage claims.
5. Filing Procedure. The original Pretrial Statements are to be filed in the Prothonotary's Office. No copy shall be forwarded to the assigned judge.
Rule 212.3. Pretrial Conference
(a) Upon the completion of the trial list, the assigned judge shall schedule a pretrial conference. Attendance at the conference is mandatory for all counsel, and all persons needed to authorize or approve settlement shall be present or available by telephone.
(b) In cases proceeding to trial without a jury, a pretrial conference shall be scheduled at the discretion of the assigned judge or upon request of a party.
(c) At pretrial conference, in addition to the matters included in Pa. R.C.P. 212.3(b), the Judge:
1. Shall explore, with counsel and the parties, the possibility of settlement.
2. May decide all remaining motions and requests for relief.
Rule 212.4. Trial Lists and Continuances
1. After the deadline for certification has passed, the Office of Court Administration, in coordination with the assigned judge, shall list all certified cases for trial.
2. When a case is listed for trial, it shall not be continued except for just cause. Except in the case of exigent circumstances, all motions for continuance must be made at least ten (10) days before the start of the trial in non-jury cases. All motions for continuance must include the reasons for the request and must be presented to the assigned judge.
3. Motions for continuance which are being made with the agreement of all counsel must be signed by all counsel or parties.
FORMS
CERTIFICATION I We the undersigned, counsel for the parties in the above case, hereby certify that:
1. The above action is ready for trial;
2. All outstanding motions have been resolved;
3. All pretrial narratives are filed;
4. Counsel have met and discussed settlement of this matter.
5. This case is to be tried _____ jury, _____ non-jury.
_________________
Plaintiff's attorney (date)_________________
Defendant's attorney (date)_________________
Additional Defendant's attorney (date)
__________
__________
__________
CERTIFICATION II 1. The undersigned requests that the case be placed on the Trial List for the (month) term.
2. A case management order was entered providing for a proposed trial term of (month) .
3. A request to file a Certification I has been made of all parties.
4. This Certification II has been filed because:
_________________
_________________
_________________
5. The case is otherwise ready for trial.
_________________
Signature (Counsel or Party)_________________
DateRule 216. Re-Certification After Continuance
If a second consecutive continuance request is granted by the Court at the request of either counsel or an unrepresented party, the Court, in its discretion, may strike the case from the trial list. Re-certification will then be required to have the case placed on a future trial list.
Rule 220.1. Voir Dire.
(a) The court may present a written questionnaire to the prospective jurors, in the form attached hereto as exhibit ____ .
(b) Supplemental voir dire may be submitted to the court for approval.
Rule 221. Challenges
Neither peremptory challenges nor challenges for cause need be exercised until all prospective jurors have been questioned.
Rule 252. Appeals in License Suspension Cases
(a) Upon filing a license suspension appeal, the petition shall be presented to the Office of Court Administration for a judge assignment and hearing date.
(b) The Office of Court Administration shall review the petition and upon determination that the appeal is timely, shall issue a ''per curiam'' order of court designating the assigned judge and setting the date and time of the hearing and where appropriate providing for supersedeas.
(c) No provision for supersedeas shall be included in an appeal, pursuant to 75 Pa.C.S.A. §§ 1503, 1504, 1509, 1514, 1519 and 1572. Requests for supersedeas in cases involving those sections shall be directed to the assigned judge.
(d) Notice of the time and date of the hearing shall be provided by the petitioner to the Commonwealth as provided by the Motor Vehicle Code.
Rule 253. Petitions for Change of Name
(a) Upon filing, all petitions for name change shall be presented to the Office of Court Administration for judge assignment.
(b) Petitions for name change shall be presented to the assigned judge for designation of the date and time of hearing.
(c) At the time of the hearing, the petitioner shall provide the Court with the following:
(1) A copy of the proposed decree;
(2) A certified copy of the lien search completed by the Clerk of Records;
(3) A verification from the Pennsylvania State Police of compliance with any applicable fingerprint requirements; and
(4) A verification of compliance with all notice and publication requirements.
COURT MATTERS Rule 302. Trial Division Judicial Assignment
(a) Judicial assignment to a case will be made 60 days after the filing of the complaint. Counsel and unrepresented parties will receive notice of the assignment on the returned copy of the civil cover sheet. If no cover sheet is filed, notice will be given based upon information available to the Prothonotary. All judicial assignments will be noted in the Prothonotary computer file.
(b) If judicial attention is required prior to judicial assignment pursuant to section (a) above, counsel shall submit a request for judicial assignment with the Court Administrator on a form substantially as contained herein.
(c) To obtain judicial attention in a case wherein a complaint was filed before April 1, 1996, counsel shall submit a request for judicial assignment with the Court Administrator on a form substantially as contained herein.
ERIE COUNTY COURT OF COMMON PLEAS REQUEST FOR CIVIL JUDGE ASSIGNMENT
DATE COMPLAINT FILED DOCKET NUMBER PLAINTIFF(S) PLAINTIFF'S ATTORNEYS (Address) DEFENDANT(S) DEFENDANT'S ATTORNEYS (Address) HAS THIS CASE RECEIVED ANY PREVIOUS JUDICIAL ATTENTION?
NO ______ YES ______
If yes, name of Judge __________
__________
ARE THERE ANY COMPANION CASES ALREADY ASSIGNED TO A JUDGE?
NO ______ YES ______
If yes, name of Judge ______ Docket Number ____
FOR COURT USE ONLY:
______ has been assigned this case. This matter, and all future matters, should be taken directly to assigned judge per local rules of court.
DATE: ______ ASSIGNED BY: __________
Rule 303. Motion Court and Other Motions and Petitions--Civil--Civil
(a) Civil Motion Court shall be held two (2) times per week (Tuesday and Thursday) at 9:00 A.M. The only motions presented shall pertain to cases where a complaint has not yet been filed. (See Erie L.R. 302 for procedure in matters where complaint has been filed.) Effective July 1, 1997.
(b) All motions presented at civil motion court shall include a completed motion court cover sheet, in the form required by the court.
(c) (1) Motions and petitions that can be summarily heard by the Court and determined by brief order shall be heard immediately following Motion Court on Thursday of each week.
(2) The moving counsel desiring to have such summary determination of a motion or petition must notify opposing counsel and any opposing unrepresented party of his intention to argue the motion or petitions before the Court at such time. The Court may refuse to hear argument on such motions or petitions unless counsel for each side is present.
(3) The moving party shall attach to the motion or petition the proposed order.
Rule 305. Duties of the Prothonotary
(a) The Prothonotary shall immediately endorse all papers filed with the date and time of such filings and shall enter all rules, pleadings and other papers filed in the proper docket.
(b) The Prothonotary shall, when directed by the Court, endorse the order of the Court upon all motions presented and shall transcribe the same in the record.
(c) The Prothonotary shall be responsible for the safekeeping of all records and papers belonging to that office. The Prothonotary shall permit no papers to be taken from the office, without written order of Court except for temporary removal by an attorney for the purpose of conducting an arbitration hearing or for copying within the Court House.
(d) All attorneys who take a paper from the files of the Court shall give their receipt in a book to be kept for that purpose and shall be responsible for the same and for damages arising from any loss.
(e) Only the Prothonotary, office clerks and attorneys shall be permitted access to the files. No entries shall be made in the dockets except at the direction of the Prothonotary.
(f) The Prothonotary shall not accept for filing any paper filed by person which shall not have endorsed thereon the address and telephone number of the person filing the paper.
(g) The Prothonotary shall provide segregated docket numbers for the law and equity sides of the Court and shall consecutively number the cases each year.
(h) In the litigation involving the validity of a municipal lien, upon motion of either party, the matter shall be transferred, from the municipal liens docket to the appearance docket and given a term and number by the Prothonotary.
(i) In all appeals to the Court from a municipal zoning board or municipalities, when said appeal has been returned to said board or municipality by the Court, should the matter then be returned to Court, it will retain the same docket number as it had on the original appeal.
Rule 312. Fair Trial. Free Press.
A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extra judicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to:
(a) Evidence regarding the occurrence or transaction involved.
(b) The character, credibility or criminal record of a party, witness or prospective witness.
(c) The performance or results of any examinations or tests or the refusal or failure of a party to submit to such.
(d) An opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule.
(e) Any other matter reasonably likely to interfere with a fair trial of the action.
See Appendix, Court Order 84-1992.
ACTIONS AT LAW
CIVIL ACTION Rule 1018.1. Notice to Defend. Form
With respect to the notice to defend form required by Pa.R.C.P. 1018 the Erie County organization shall be:
Lawyer Referral Service
P. O. Box 1742
Erie, PA 16507814/459-4411
Mon--Fri
8:30 a.m.--3:00 p.m.Rule 1028. Preliminary Objections
(a) [Reserved]
(b) [Reserved]
(c) 1. Preliminary objections shall be filed with the Prothonotary's office and a copy shall be served by the objecting party upon all counsel of record and unrepresented parties. Within thirty (30) days after the filing of preliminary objections, the objecting party shall file a brief and serve a copy of the brief upon all counsel of record and unrepresented parties. At that time, the objecting party shall also serve a copy of the preliminary objections and brief upon the assigned judge.
2. The non-moving party shall file with the Prothonotary's office a responding brief within thirty (30) days of receipt of the objecting party's brief. The non-moving party shall forward a copy of the brief to the assigned judge. This deadline does not affect the filing deadlines otherwise imposed upon the non-moving party by the Pennsylvania Rules of Civil Procedure.
3. After the passage of the filing date for the non-moving party's brief, the assigned judge shall schedule the matter for an argument on the preliminary objections, unless all parties waive argument. Notice of argument shall be given by the court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission or personal delivery.
(d) If the brief of either the objecting party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:
(i) Overrule the objections where the objecting party has failed to comply.
(ii) Grant the requested relief where the responding party has failed to comply and where the requested relief is supported by law, or
(iii) Prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or
(iv) Impose such other legally appropriate sanction upon a noncomplying party as the Court shall deem proper including the award of reasonable costs and attorney's fees incurred as a result of the noncompliance.
Rule 1034. Motion for Judgment on the Pleadings.
(a) 1. The moving party shall file a motion for judgment on the pleadings, together with a supporting brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving party upon all counsel of record and unrepresented parties and upon the assigned judge.
2. The non-moving party shall file a brief in opposition to the motion for judgment on the pleadings within thirty (30) days after receipt of the motion and brief. At that time, the failure of the non-moving party to file a brief within the time required shall result in the disposition of the motion based solely upon the information received from the moving party.
3. After the passage of the filing date for the non-moving party's brief, the assigned judge shall schedule the matter for argument, unless all parties waive argument. Notice of argument shall be given by the court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission or personal delivery.
(b) If the brief of either the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:
(i) Dismiss the motion where the moving party has failed to comply.
(ii) Grant the requested relief where the responding party has failed to comply and where the requested relief is supported by law, or
(iii) Prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or
(iv) Impose such other legally appropriate sanction upon a noncomplying party as the Court shall deem proper including the award of reasonable costs and attorney's fees incurred as a result of the noncompliance.
Rule 1035.2. Motion for Summary Judgment
(a) 1. Procedure for Filing Summary Judgment Motions.
(A) The moving party shall file a motion for summary judgment, together with a supporting brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving party upon all counsel of record and unrepresented parties and upon the assigned judge. Within thirty (30) days of receipt of the moving party's brief, the non-moving party shall file a brief and, at that time, shall deliver a copy to the assigned judge. Any depositions, answers to interrogatories or affidavits in support of or in opposition to the motion shall be filed with the Prothonotary not later than the due date of the respective party's brief.
(B) If the brief of either the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:
(i) Dismiss the motion where the moving party has failed to comply.
(ii) Grant the requested relief where the responding party has failed to comply and where the requested relief is supported by law, or
(iii) Prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or
(iv) Impose such other legally appropriate sanction upon a noncomplying party as the Court shall deem proper including the award of reasonable costs and attorney's fees incurred as a result of the noncompliance.
2. Scheduling of Argument.
(A) There shall be oral argument in accordance with Pa.R.C.P. No. 211, unless all parties waive argument. Notice of argument shall be given by the Court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission, or personal delivery.
(B) After the passage of the filing date of the brief of the non-moving party, the Court shall schedule argument on the motion with notice to all parties. After argument, the Court shall notify the parties of its decision.
COMPULSORY ARBITRATION Rule 1301. Scope
(a) Compulsory arbitration of matters as authorized by the Judicial Code, 42 Pa.C.S. Section 7361 as amended, shall apply to all cases at issue where the aggregate amount in controversy shall be Thirty Thousand Dollars ($30,000.00), or less, regardless of the number of parties, except those cases involving title to real estate or which seek equitable or declaratory relief.
(b) In all cases where a party has obtained a judgment by default under Pa. R.C.P. No. 1037, the party obtaining said judgment by default may elect to have unliquidated damages assessed at a trial by arbitration with the issues limited to the amount of damages which shall not exceed $30,000.00. The election to assess damages by arbitration shall constitute a waiver by the party making such election of any damages in excess of $30,000.00.
(c) Discovery shall be allowed in all cases.
Rule 1302. List of Arbitrators. Appointment to Board. Mediation
(a) (1) The Board of Arbitrators in any case shall be selected in accordance with one of the procedures set forth below, from a list of attorneys admitted to practice in Erie County, who have filed their consent to act with the Prothonotary.
Those attorneys having practiced for three (3) years or more who wish to be Chairman of Boards of Arbitration shall so inform the Prothonotary of their eligibility.
(i) Selection by Praecipe: Upon the filing of a Praecipe for Arbitration, the Prothonotary shall nominate a Board of potential Arbitrators consisting of three (3) attorneys plus one (1) attorney for each attorney of record and unrepresented party. Not more than two (2) of the potential Arbitrators shall have been admitted to the practice of law for less than three (3) years. The list of attorneys so nominated shall be sent by the Prothonotary to each attorney of record and the unrepresented party. Each attorney of record and unrepresented party may strike off one (1) nominated attorney and return the list to the Prothonotary within five (5) days. A failure to respond within five (5) days constitutes a waiver of the right to strike one (1) name from the list. The three remaining names will make up the Board. If no name of the same name is stricken from the list, the first three (3) remaining names will make up the Board.
Upon the expiration of five (5) days, the Prothonotary shall notify all parties of the names of the Arbitration Panel and designate as Chair the first Arbitration Panel and designate as Chair the first Arbitrator, so selected, who has been admitted to the practice of law for at least three (3) years.
(ii) Selection by agreement: By agreement of counsel, the Prothonotary shall nominate a list of nine (9) attorneys selected at random from the entire list of potential arbitrators with an additional three (3) attorneys for each additional party with an adverse interest. Each party shall have the right to strike off attorneys so named, one at a time and alternately. If, after the striking of Arbitrators, the selection will result in a panel of members none of whom are eligible to be Chairman, the Prothonotary at the request of either counsel, shall select three (3) additional attorneys for consideration. The selection shall continue until a panel is agreed upon. If none of the three (3) chosen Arbitrators have been practicing for more than three (3) years, the counsel shall be deemed to waive this requirement. The Chairman shall be selected by counsel.
(iii) Selection of sole arbitrator: In any case within the limits of compulsory arbitration, a sole Arbitrator may be selected to adjudicate the case by agreement of counsel. The award shall have the same effect as that of a three (3) person panel. The Prothonotary shall nominate a list of five (5) attorneys selected at random from the entire list with an additional two (2) attorneys for each additional party with an adverse interest. Each party shall then have the right to strike off two so named, one at a time and alternately. The remaining attorney shall comprise the Board of Arbitration and shall be considered the Chairman.
(2) In the event an arbitrator selected pursuant to the above procedures is unavailable to attend the hearing for any reason, that arbitrator shall give the parties written notice of his or her unavailability five (5) days before the hearing date, so as to allow the parties time to agree on selection of a replacement arbitrator and have said replacement available to attend the hearing so as not to cause the need for rescheduling of the same. If the arbitrator fails to comply with the five (5) day notice requirement, at the time of the regularly scheduled arbitration hearing the parties shall notify the Prothonotary of the arbitrator's failure. Thereafter, the arbitrator shall automatically be stricken from the list of arbitrators maintained by the Prothonotary with leave to reapply for inclusion on the list upon petition to the Court and cause shown.
(b) Mediation is available upon the agreement of all parties. The Prothonotary, upon request for appointment of a mediator shall appoint said mediator to conduct the process. If mediation is unsuccessful, the case shall proceed to arbitration.
The following procedure shall guide the mediation process when requested by the parties:
(1) Mediation shall be conducted in cases where the amount in controversy is not greater than $30,000.00.
(2) The mediator shall be selected by the Prothonotary's Office from a list supplied by the Court.
(3) The mediator shall designate the time for hearing with written notice to each party or their counsel. Hearings may be held at the mediator's office or elsewhere upon agreement of the parties.
(4) All parties including counsel are required to attend the mediation hearing.
(5) The parties/counsel shall immediately notify the mediator if the matter has been resolved prior to the scheduled hearing.
(6) The mediator shall file a report with the Court, with copies to the parties or their counsel, stating mediation was successful or unsuccessful. If unsuccessful, the case shall proceed to arbitration.
Rule 1303. Hearing. Notice
(a) (1) The Chairman of the Board of Arbitrators shall designate the time for hearing with written notice to each of the members of the Arbitration panel and to each party or their counsel in compliance with Pa. R.C.P. 1303.
(2) All hearings of the Board of Arbitrators shall be held in the Erie County Court House in a hearing room designated for that purpose or in a courtroom by leave of Court.
(3) All hearings shall promptly commence at 9:30 a.m. or 1:30 p.m., unless a different time shall specifically be established by the Board of Arbitrators. In the event an Arbitrator shall not be present at the time for the swearing-in, then counsel for represented parties and any unrepresented party who does in fact appear at the scheduled hearing time, may, only if they agree unanimously
(a) have the remaining Arbitrators immediately select a replacement from the list of Arbitrators; or
(b) themselves appoint any other eligible person to act as a replacement Arbitrator; or
(c) use any other method of selection of an eligible person to act as a replacement Arbitrator.
In the event that counsel for represented parties and any unrepresented party, who does in fact appear at the scheduled hearing time, are unable to unanimously agree upon any of the foregoing options, then the replacement Arbitrator shall be selected in accordance with Erie R.C.P. 1302(a)(1)(iii), governing selection of a sole Arbitrator.
Rule 1304. Conduct. Hearing. Generally
(a) The hearings shall be conducted by the chairman with decorum in full compliance with judicial proceedings as conducted by the Court of Common Pleas. Witnesses shall be sworn in the customary manner.
(1) Smoking shall not be allowed, either by Arbitrators, attorneys, parties or witnesses.
(2) Once the witnesses are sworn and the proceedings have commenced Arbitrators and attorneys shall, throughout the hearing, use the same procedure and decorum as used before a Common Pleas Court.
Rule 1305. Pretrial Exchange of Information
(a) In cases subject to compulsory arbitration where the amount in controversy exceeds $10,000.00, the parties shall exchange the following information at least twenty (20) days prior to the arbitration.
(i) A copy of all reports containing the substance of the facts, findings or opinions and a summary of the grounds or reasons for each opinion of any expert, including physicians, whom that party expects to call as a witness at the arbitration. The report must be signed by the expert.
(ii) Names and addresses of all witnesses the party expects to call.
(iii) Copies of all exhibits the party intends to use at the arbitration, with a designation of those documents to be produced pursuant to Pa. R.C.P. 1305.
(b) If timely production is not made of any of the information required above, the testimony of that expert, that witness, or use of that exhibit, shall be excluded by the arbitrator(s), except upon consent of the adverse party or parties, or upon a showing of good cause made to the arbitrator(s).
ACTION IN EQUITY Rule 1531. Preliminary Injunction.
(a) Upon filing a motion for preliminary injunction, a request for a judge assignment shall be made to the Office of Court Administration.
(b) The motion for preliminary injunction shall be presented to the assigned judge to obtain a date and time for a hearing and/or consideration of a request for immediate or ex parte relief.
ACTIONS FOR SUPPORT Rule 1915.20. Scheduling of Status Conference
A status conference will be scheduled by the Family Court Judge in each case where there is a request for a court hearing. A court order will be sent to both parties advising them of the date and time for the status conference, as well as the issues to be addressed. The purpose of the status conference is to identify issues which will be the focus of the hearing, to determine the time required for hearing, address other pretrial matters such as discovery requests and exchanges of expert reports, set the date for hearing and discuss other relevant matters.
A hearing before the Court shall comport with the requirements for conducting nonjury trials, and the parties shall adhere to established trial procedure and the rules of evidence.
Rule 1915.22. Pretrial Order.
(a) The Judge of the Family Division or the Judge's designee shall review the facts and matters agreed upon at the pretrial status conference and issue a pretrial order. The Court may compel agreement as to undisputed facts. Counsel must object to or be deemed to have accepted the pretrial order of the Judge entered therein.
(b) The pretrial order will address the following items, as determined by the facts/issues of the particular case discussed at the status conference:
(1) Date and time of trial;
(2) Exchange of reports prepared by health care provides which they may have in their possession concerning the health of the minor child/children;
(3) Exchange of reports prepared by any person who shall be called as an expert witness. Such report shall describe the substance and opinions to be contained in the expert's testimony at the time of trial;
(4) Requirement to provide notice to the Court one (1) week prior to the commencement of trial as to whether minor child/children will be called as a witness and how this testimony will be conducted;
(5) Exchange of documents to be introduced at the time of trial, and a final list of witnesses the party intends to call;
(6) Deadline for any briefs to be filed with the Court concerning the legal issue(s) discussed at the Status Conference; and
(7) Requirement that notice shall be provided to the Court within a reasonable time and no later than two (2) weeks prior to the commencement of trial.
Rule 1915.23. Pretrial Narrative Statements
At the time of the status conference, as prescribed by Local Rules 1915.20 and 1915.21, the Court may order the filing of pretrial narrative statements by all parties if the Court deems it necessary.
Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing
(a) Upon Motion of either party or upon its own Motion, the Court may appoint a Master to hear testimony and return the record together with the Report and Recommendation to Court. The moving party shall certify that all the parties have complied with the requirement of Pa.R.C.P. 1920.22, Pa.R.C.P. 1920.31, Pa.R.C.P. 1920.33 and Pa.R.C.P. 1920.46. The Motion and proposed Order requesting the appointment of a Master shall be in conformity with Pa.R.C.P. 1920.74 (see forms).
(1) Masters shall be appointed in rotation from the list of permanent part-time Masters appointed as such by the Court to determine issues of divorce, equitable distribution of property, permanent alimony and all other issues relevant thereto.
(2) Master shall be appointed to hear a claim of child and/or spousal support only upon presentation of an Affidavit of the party supplementing the Motion for appointment of a Master showing special circumstances which justify a departure from the procedure of Erie L.R. 1920.16. Should it later appear that special circumstances justifying referral of a claim for child and/or spousal support do not exist, either party or the Master may petition the Court to refer the claim to the Non-Support Intake Office.
(3) Upon appointment of a Master to hear issues which require expedited disposition (including, but not limited to, alimony pendente lite, child and/or spousal support when referred to a Master, occupancy of the marital residence, maintenance of insurance policies, and Counsel fees and expenses), a preliminary hearing will be held before the Master within thirty (30) days of the entry of the Order appointing a Master. Where discovery has not been completed or where all documents required to be filed by Pa. R.C.P. 1920.31 have not been filed prior to the preliminary hearing, the Master may, in his or her discretion, proceed with the hearing and filing of a report and recommendations (which may include recommended sanctions for failure to comply with Pa. R.C.P. 1920.31) or continue the hearing until said documents have been filed.
(b) PREHEARING STATUS CONFERENCE
In actions where expedited disposition is not required,
(1) The Master shall within fifteen days after receiving notice of the Master's appointment schedule a date for a pre-hearing conference to be held prior to the date of the Master's hearing and shall give notice of the time and place of the prehearing status conference by First class Mail to counsel for represented parties and directly to any unrepresented party. Said notice shall be mailed at least five business days prior the scheduled date of the conference.
(2) At the prehearing status conference, the Master shall review:
(A) The positions of the parties on each Claim, including those issues on which settlement has been reached;
(B) Discovery which has been completed, including the inventory and pretrial statements pursuant to Pa. R.C.P. 1920.33;
(C) Any documentary evidence to be presented at the hearing;
(D) The names and addresses of each witness any party proposes to call at the hearing;
(E) All matters which may be stipulated by the parties at the hearing;
(F) Establish a schedule for filing of Pretrial Narrative Statements, completion of discovery and any other relevant matters; and
(G) Such other relevant matters as should be raised by either of the parties or the Master.
(c) POST-STATUS CONFERENCE
(1) After the prehearing status conference the Master shall:
(A) Prepare a summary of the discussions and action taken at the prehearing status conference, including a statement of any stipulations, and of any matters which have been settled between the parties and which will not be raised at the hearing before the Master;
(B) Establish a schedule for the filing or service of any additional pleadings or discovery which may be deemed necessary and set hearing date(s);
(C) Serve a copy of the summary and filing schedule on counsel for the parties, or on any unrepresented party; and
(D) Indicate the amount of additional Master's fees to be paid by the litigants prior to hearing.
(d) MASTER'S HEARING
The Master shall establish a hearing date or dates at the prehearing status conference. These dates shall be included in the summary prepared pursuant to Section c (post status conference), as well as in the formal notice of Master's hearing as required by Pa. R.C.P. 1920.51(b). At least ten (10) days written notice of the time and place of any Master's hearing shall be given to the attorneys of record (or the parties where no attorney has appeared in the case) by the Master by ordinary mail.
(e) CONTINUANCES
(1) A request shall be granted by the master if both parties consent in writing at least fourteen (14) days prior to the scheduled hearing date.
(2) All other requests for continuance shall be at the discretion of the Master.
(f) SETTLEMENT
(1) In the event that all issues raised by the pleadings and referred to the Master are brought to a negotiated settlement, the parties shall, as a condition of postponement or cancellation of the Master's hearing, sign an all encompassing Marital Property Settlement Agreement prior to the time set for the Master' hearing.
(2) In the event that both parties have not signed such an Agreement, the parties, together with their respective counsel of record, shall attend the Master's hearing at the time scheduled for the purpose of entering the substance of their agreement on the record and stipulating to the entry thereof as a decree.
(g) FEES AND COSTS
(1) The initial fees, costs and compensation of the Master shall be in accordance with Administrative Order In Re Divorce Masters Miscellaneous Docket #87 and any amendments thereto.
(2) The Master shall determine additional fees due in accordance with the rate set by the Court and shall require an advance deposit of said amount prior to scheduling any further hearing.
(3) The Master shall receive compensation for a minimum of four hours for each day of a scheduled hearing that is not either:
(A) Continued in accordance with Erie L.R. 1920.51(e); or
(B) Cancelled with notice to the Master in writing at least fourteen days prior to the scheduled hearing date for the reason either that the case has been resolved or withdrawn.
(4) In the event the Master fails to grant the continuance, the parties may petition the Court for a continuance. The Court may grant a continuance and will determine the amount of additional Master's fees, if appropriate.
(5) At the conclusion of the case, the Master shall prepare a certification indicating the amount of Master's fees paid and the disposition thereof.
Rule 1920.75. Form of Inventory.
The Inventory required by Pa.R.C.P. 1920.33(a) shall be substantially in the following form:
(CAPTION)
INVENTORY OF _________________
(Plaintiff) (Defendant) files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years.
(Plaintiff) (Defendant) verifies that the statements made in this inventory are true and correct. (Plaintiff) (Defendant) understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
_________________
(Plaintiff) (Defendant)
ASSETS OF PARTIES (Plaintiff) (Defendant) marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages.
( ) 1. Real Property
( ) 2. Motor Vehicles
( ) 3. Stocks, bonds, securities, and options.
( ) 4. Certificates of deposit
( ) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Business (list all owners, including percentage of ownership, and office/director positions held by a party with company)
( ) 16. Employment termination benefits--severance pay, workers compensation claim/award
( ) 17. Profit share plans
( ) 18. Pension plans (indicate employee contribution and date plan vests)
( ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V. A. benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held
( ) 25. Household furnishings and personality (including as a total category and attach itemized list if distribution of such assets is in dispute)
( ) 26. Other
MARITAL PROPERTY (Plaintiff) (Defendant) lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced:
Item Description Names of Number of Property All Owners
NON-MARITAL PROPERTY (Plaintiff) (Defendant) lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property:
Item Description Reasons for Number of Property Exclusion
PROPERTY TRANSFERRED
Item Description Names of Names of Number of Property All Creditors All Debtors
LIABILITIES
Item Description Names of Names of Number of Property All Creditors All Debtors
ACTIONS FOR WRONGFUL DEATH Rule 2206. Settlement, Compromise, Discontinuance and Judgment
(a) All petitions for the compromise, discontinuance or settlement of wrongful death claims in which a minor or incapacitated person has an interest shall be submitted for approval to:
(1) The assigned judge, where there is a civil action pending; or
(2) A judge of the Orphans' Court Division where there is no civil action pending.
(b) The petition and Order approving the petition in pending actions shall be filed with the Prothonotary and certified copies of the same shall be filed with the Register of Wills in the name of the minor or incapacitated person.
(c) The petition and Order approving the petition where there is no pending action shall be filed with the Register of Wills in the name of the minor or incapacitated person.
[Pa.B. Doc. No. 04-1434. Filed for public inspection August 6, 2004, 9:00 a.m.]
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