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PA Bulletin, Doc. No. 04-2133

THE COURTS

MONTGOMERY COUNTY

Amendments to Local Rules of Civil Procedure 205.2(b), 208.3(b), 212.1*(d), *920 and 1302

[34 Pa.B. 6400]

Order

   And Now, this 4th day of November, 2004, the Court approves and adopts the following Amendments to Montgomery County Local Rules of Civil Procedure 205.2(b), 208.3(b), 212.1*(d), *920, and 1302. In conformity with Pa.R.C.P. 239(c)(7), the Amendments to Rules 205.2(b) and 208.3(b) shall become effective upon publication on the web site of the Administrative Office of Pennsylvania Courts (www.ujsportal.pacourts.us). The remaining Amendments shall become effective thirty days after publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In further conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, and (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.

By the Court

S. GERALD CORSO,   
President Judge

Rule 205.2(b). Cover Sheet.

   (1)  Initial Pleadings. A Civil Cover Sheet, in such form as prescribed by the Court, shall be attached to any document commencing an action. The failure to file the cover sheet as required may result in an Order imposing sanctions.

   (2)  Petitions or Motions. The cover sheet required by Rules 208.3(b), 1028(c), 1034(a) and 1035.2(a) shall be as follows:

   (a)  Cover Sheet of the Moving Party

      See Form

   (b)  Cover Sheet of the Respondent

      See Form

Comment:

   1.  The Civil Cover Sheet form referenced in this rule is available on line at www.montcopa.org/prothy/forms.html.

Rule 208.3(b). Motion Practice. Rule to Show Cause.

   (1)   *   *   *

   (2)  Listing. Excepting motions for sanctions or contempt of a prior court order, the Court Administrator shall fix promptly a return day which shall not be less than thirty (30) days from the date of filing of said motion, and the moving party shall forthwith serve the respondent with a copy of the motion and the cover sheet indicating the return day thereon. The moving party shall thereafter file a certification that the motion and the rule return date were served upon all parties, in substantially the following form:

      See Form Certificate of Service

   Motions for sanctions or contempt of a prior court order shall be forwarded by the Court Administrator to the assigned Judge for the scheduling of a hearing.

   Motions that are alleged to be ''emergencies'' will not initially be given a rule return date, but rather the Court Administrator will forward the emergency motion to the assigned Judge. If the matter is deemed to be an emergency by the assigned Judge, the Judge will process the matter accordingly. If the matter is not deemed to be an emergency, the matter will be returned to the Court Administrator for listing pursuant to this Rule.

   All pre-trial motions that are filed after the underlying case has been praeciped for trial or ordered on the trial list will be made rule returnable ''at time of trial.''

   (3   *   *   *

Rule 212.1*(d). Certification Required for Trial List.

   (1)  [Certification shall be by all parties] When a case is ready to be placed into the civil trial inventory, counsel must file a trial praecipe containing a certification by filing counsel that all counsel of record consent to the filing of the trial praecipe. Consent must be affirmatively obtained, but the signatures of all counsel are no longer required on the trial praecipe. The consent of unrepresented parties to the filing of the trial praecipe is not required. If all parties to an action are unrepresented, however, any such party may file a trial praecipe.

   (2)   *   *   *

   (3)   *   *   *

   (4)   *   *   *

Comment:

   1.  The trial praecipe form referenced in this rule is available on line at www.montcopa.org/prothy/forms.html.

Rule *920. Board of Assessment Appeals.

   (a)   *   *   *

   (b)   *   *   *

   (c)   *   *   *

   (d)  The appeal shall be forwarded by the Court Administrator to the Court for a settlement conference upon the filing of a trial praecipe [signed by all counsel of record] containing a certification by filing counsel that all counsel of record consent to the filing of the trial praecipe.

   (e)   *   *   *

   (f)   *   *   *

Comment:

   1.  The trial praecipe form referenced in this rule is available on line at www.montcopa.org/prothy/forms.html.

Rule 1302*. List of Arbitrators. Appointment to Board. Oath.

   (a)   *   *   *

   (b)

   (1)  Upon the filing of an arbitration praecipe [signed by all counsel] containing a certification by filing counsel that all counsel consent to the filing of the praecipe, with notice to opposing counsel and any unrepresented parties, the Arbitration Administrator shall select the Board of Arbitrators, consisting of three members of the Bar of this Court from the list of attorneys qualified to serve as follows:

   (a)   *   *   *

   (b)   *   *   *

   (c)   *   *   *

   (d)   *   *   *

   (e)  If any counsel refuses [to sign] to consent to the filing of the praecipe for arbitration, any party may request a conference before the designated Judge on the case in order to determine whether the case should be placed on the arbitration list and scheduled for hearing.

   (f)   *   *   *

Comment:

   1.  The arbitration praecipe form referenced in this rule is available on line at www.montcopa.org/prothy/forms.html.

   2.  If all parties to an action are unrepresented, any such party may file an arbitration praecipe.

[Pa.B. Doc. No. 04-2133. Filed for public inspection December 3, 2004, 9:00 a.m.]


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