THE COURTS

Title 255--LOCAL
COURT RULES

BUCKS COUNTY

Order Promulgating Rules of Civil Procedure 205.2(a), 205.2(b), 206.4(c), 208.2(c), 208.3(a), 208.3(b), 210, 1028(c), 1034(a) and 1035.2(a) and Rescinding Rules of Civil Procedure *266, *300, *301, *302, *400.1, 440*(c), *(d), and *(e), *930, 1033*(a), and 1034(a)*(1)

[34 Pa.B. 5247]

Order of Court

   And Now, this 1st day of September, 2004, Bucks County Rules of Civil Procedure 205.2(a), 205.2(b), 206.4(c), 208.2(c), 208.3(a), 208.3(b), 210, 1028(c), 1034(a) and 1035.2(a) are hereby promulgated as follows:

Bucks County Rule of Civil Procedure No. 205.2(a) Physical Characteristics of Pleadings and Other Legal Papers.

(1)  Legal papers in civil proceedings shall be filed in the Office of the Prothonotary.

(2)  All legal papers requiring action by a judge shall be backed with a backer at least 8 1/2 inches by 11 inches in size.

(3)  All legal papers shall contain in their caption the docket number of the action including the numerical identifier of the assigned judge.

Bucks County Rule of Civil Procedure No. 205.2(b) Cover Sheets on Pleadings and Other Legal Papers

Every initial filing commencing an action, appeal or miscellaneous application in the civil division of the Bucks County Court of Common Pleas shall be accompanied by an informational cover sheet in such form as may be prescribed by the Prothonotary. This cover sheet may collect such information as the names of parties and counsel, the nature of the matter being filed, the amount in controversy and such other miscellaneous information as may assist the Court in the administration of its dockets.

The failure to file this form or the failure to file the form correctly or completely may result in an order imposing sanctions.

Note: This form can be found online at www. buckscounty.org/departments/prothonatary/pdf/Civil Court.pdf. Copies may also be obtained by calling the Office of the Prothonotary at 215 348-6191.

Bucks County Rule of Civil Procedure No. 206.4(c) Rule to Show Cause. Alternative Procedures

(1)  The Prothonotary shall forward every petition bearing a rule to show cause to the Court for review. At its discretion, the Court may issue a rule to show cause and forward a copy of same to the petitioner for service on all respondents.

(2)  A rule to show cause shall be served upon the respondents at least ten days prior to the return date, unless the Court shall specially authorize service within a shorter time. If for any reason satisfactory to the Court the petition and rule shall not have been served ten days before the return day, or the length of time specially authorized, the Court may extend the return day thereof on motion of any interested party.

(3)  A stay of proceedings, including a stay of execution, may be granted by the court in its discretion. If a stay of proceedings is required, the moving party shall schedule a conference with the assigned judge. Unless waived by the court, notice of the conference shall be provided to opposing counsel and any unrepresented parties. The application for stay shall be presented at the conference.

(4)(a)  When a rule has issued and been properly served on all interested parties and a response is filed in opposition, the petition shall be submitted to and decided by the court pursuant to Bucks County Rule of Civil Procedure No. 208.3(b)

(4)(b)  When a rule has issued and been properly served on all interested parties and no response in opposition has been filed, the moving party may file a motion and order to make the rule absolute any time after the return date.

Bucks County Rule of Civil Procedure No. 208.2(c) Statement of Authority

Where the authority for a motion is not self-evident, the motion shall cite a rule, statute or case which supports the requested relief and justifies the procedure utilized.

Bucks County Rule of Civil Procedure No. 208.3(a) Scheduling and Hearing of Motions

(1)  When a motion has been filed, the Court may take the following actions:

(a)  Issue a rule to show cause and forward a copy thereof to the movant for service upon all respondents;

(b)  Schedule a hearing;

(c)  Enter an order disposing of the motion.

(2)  When the Court issues a rule on a motion, it shall be governed by the provisions of Pa. R. C. P. Nos. 206.5 and 206.7. When appropriate, the Court may refuse to issue a rule. If proper service has been made and no response has been filed, the rule may be made absolute by filing a motion and order for same. When a response is filed in opposition, the motion shall be submitted to and decided by the court pursuant to Bucks County Rule of Civil Procedure No. 208.3(b).

(3)  Applications which are deemed to be an emergency by the assigned judge may be presented to the court at a conference or hearing. Notice of the scheduling of such conference or hearing shall be transmitted to all counsel and unrepresented parties as directed by the assigned judge.

(4)  A rule to show cause shall be served upon the respondents at least ten days prior to the return date, unless the Court shall specially authorize service within a shorter time. If for any reason satisfactory to the Court the petition and rule shall not have been served ten days before the return day, or the length of time specially authorized, the Court may extend the return day thereof on motion of any interested party.

Bucks County Rule of Civil Procedure No. 208.3(b) Alternative Procedures

(1)  This rule shall govern disposition of:

(a)  rules to show cause to which responses in opposition have been filed;

Note: See B. C. R. C. P. No. 208.3(a)(2) and 206.4(c)(4)(a).

(b)  preliminary objections;

Note: See B. C. R. C. P. No. 1028(c).

(c)  motions for judgment on the pleadings;

Note: See B. C. R. C. P. No. 1034(a).

(d)  motions for summary judgment;

Note: See B. C. R. C. P. No. 1035.2(a).

(e)  objections to written discovery requests; and

(f)  such other miscellaneous applications as may be designated by the Court.

(2)  Subject to the requirements of Pa.R.C.P. No. 206.7, when the matter is at issue and ready for decision, the moving party on the application shall, by praecipe, order the same to be submitted for disposition pursuant to this rule. The praecipe shall be substantially in the form set forth in Bucks County Rule of Civil Procedure 208.3(b)(7).

No pleading requiring a response under Pa. R. C. P. 1026 shall be moved for disposition under this rule until the time for response has lapsed.

The following shall accompany the praecipe and pleading being submitted for disposition:

(i)  A proposed form of order;

(ii)  A brief or memorandum of law in support of each position taken with regard to the disposition of the matter; and

(iii)  A certificate establishing the date of service of the above documents on all counsel and unrepresented parties, and the addresses at which they were served.

Within ten days of the date of filing of the above praecipe and its accompanying documents, every party opposing the application of the moving party shall file a brief or memorandum of law with the clerk of the court, serving copies of same on all other parties. The Court, in its discretion, may extend the time for filing of briefs or memoranda of law.

(3)  If any party shall fail to file a brief or memorandum of law on any issue presented for disposition by the judge within the time provided by subsection (b) hereof, or within the time as extended by the Court, the Court, in its discretion, may consider that such party has abandoned his position with respect to such issue for disposition.

(4)  At the expiration of ten full days following the filing by the moving party of the praecipe mentioned in subsection (2) of this rule, the clerk shall forthwith deliver the whole record together with the file, the briefs or memoranda of law, to the judge to whom the case has been assigned.

(5)  Subject to the requirements of Pa. R. C. P. No. 206.7, any other party may by praecipe forward a matter to the Court for dismissal of the application at issue when the party who submitted it does not comply with the provisions of subsection (2) of this rule. Written notice of the intent to file under this subsection shall be given to the party whose application is at issue at least ten days prior to such submission, during which period of time the non-complying party shall have the opportunity to come into compliance with the requirements of subsection (2). An affidavit of service of such notice shall accompany the praecipe filed under this subsection. A proposed form of order shall also accompany the praecipe. For the purpose of Pa. R. C. P. No. 206.7, a party initiating action under this subsection shall be considered the petitioner.

(6)  Unless oral argument has been requested by the moving party in the praecipe, or by any other party within the 10-day period specified in subsection (2) hereof, the matter shall be disposed of by written order, forthwith or after such further proceedings including oral argument as may be required by the Court. If oral argument has been requested by a party or otherwise required by the Court, the Court may schedule the case for argument either by telephone conference, argument in chambers or in open Court within thirty (30) days of the filing of the praecipe. Disposition of the matter shall then proceed pursuant to the provisions of Bucks County Rule of Civil Procedure *210(a) and (b), the Court fixing the time and order of filing of briefs. Argument before an en banc panel shall be at the sole discretion of the Court.

(7)  The praecipe shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS
BUCKS COUNTY, PENNSYLVANIA

______	:	No. ______
v.	:
______	:

Praecipe Under Bucks County Rule of
Civil Procedure 208.3(b)

TO THE PROTHONOTARY:

Please refer the above-captioned matter to the assigned judge for disposition.

Oral argument [  ] is [  ] is not requested. (CHECK ONE)

Matter for disposition: _________________

(signature) ______

(name) ______

(Attorney I. D. # ) ______

Bucks County Rule of Civil Procedure No. 210 Form and Content of Briefs and Argument Procedures

(a)  Counsel for the moving party, at the time he files the praecipe moving the case for disposition, shall deliver to the Prothonotary one copy of his brief. Copies of the briefs shall be served on all opposing counsel and any unrepresented parties. The briefs shall address the enumerated matters in substantially the following format:

(1)  History of the Case. A brief, informal statement of the facts material to the matter under consideration, by the party having the burden of the issue. The opposing side may also include a history of the case in its brief.

(2)  How the Question is Raised. Refer to such pleadings, motions, etc., as will show how the matter comes before the Court for decision.

(3)  Questions Involved. A succinct statement in separate, numbered paragraphs of the legal questions to be decided by the Court.

(4)  Argument. This may contain the parties' argument of the law and testimony involved and citations of material decisions. Every verbatim quotation from a decision shall be immediately followed by the citation giving both the page of the decision and the page of the quotation.

(5)  Conclusion. The form of order of the court that the respective parties contend should be made.

(b)  A party other than the moving party may order a matter on the argument list after having given the moving party and all other parties two weeks' written notice of his intention to do so. The moving party shall file his briefs with the clerk of the appropriate division of the court and serve copies thereof on all opposing counsel and any unrepresented parties within one week after the filing of the praecipe placing the case on the argument list. The failure of the moving party to so file his briefs may render him liable to have the application for relief denied by the Court at the opening of the next argument session immediately following the placing of the case on the argument list and on the motion of the party ordering the case on the argument list. After receiving notice of intention to order the case on the argument list, the moving party may apply to the judge to whom the case has been assigned for additional time within which to file his brief.

(c)  Reply briefs shall be filed with the Prothonotary and counsel for all other parties no later than one week prior to the date fixed for argument and shall be the same in number as the moving party's brief.

(d)  The Prothonotary shall, upon receipt of all briefs, cause the same to be delivered to the court, but shall not docket them.

Bucks County Rule of Civil Procedure No. 1028(c) Procedure for the Disposition of Preliminary Objections

The provisions of Pa. R. C. P. No. 206.7 shall govern preliminary objections raising disputed issues of fact. When preliminary objections are ready for disposition, they shall be submitted to and decided by the court pursuant to B. C. R. C. P. No. 208.3(b).

Bucks County Rule of Civil Procedure No. 1034(a) Procedure for the Disposition of Motions for Judgment on the Pleadings

Motions for judgment on the pleadings shall be submitted to and decided by the court pursuant to B. C. R. C. P. No. 208.3(b).

Bucks County Rule of Civil Procedure No. 1035.2(a) Procedure for the Disposition of Summary Judgment Motions

Summary judgment motions shall be submitted to and decided by the court pursuant to B. C. R. C. P. No. 208.3(b).

   Bucks County Rules of Civil Procedure Nos. *266, *300, *301, *302, *400.1, 440*(c), *(d), and *(e), *930, 1033*(a), 1034(a)*(1) are hereby rescinded

   These rules shall be effective immediately upon publication on the website of the Administrative Office of Pennsylvania Courts.

By the Court

DAVID W. HECKLER,   
President Judge

[Pa.B. Doc. No. 04-1771. Filed for public inspection September 24, 2004, 9:00 a.m.]

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