THE COURTS
Title 255--LOCAL
COURT RULES
CRAWFORD COUNTY
In the Matter of the Adoption of New Rules and Rescinding Existing Rules of Civil Procedure; No. A.D. 1992-5
[35 Pa.B. 5954]
Order And Now, October 10, 2005 it is ordered and directed as follows:
1. The existing Rules of Civil Procedure previously adopted and currently in effect for Crawford County are hereby rescinded on the effective date of this order.
2. The Crawford County Rules of Civil Procedure attached hereto, made a part hereof, are adopted as of the effective date of this order.
3. The Court Administrator of Crawford County is directed to:
a. File seven (7) certified copies of this order and the following rules with the Administrative Office of Pennsylvania Courts.
b. Distribute two (2) certified copies of this order and the following rules, along with a diskette or CD to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
c. File one (1) certified copy of this order and the following rules with the Pennsylvania Civil Procedural Rules Committee.
d. File a proof of compliance with this order in the docket for these rules which have included a copy of each transmittal letter.
e. Post a copy of this order in the following rule on the appropriate AOPC website and the Crawford County website.
4. This order and the following rules shall take effect 30 days after publication in the Pennsylvania Bulletin.
By the Court
GORDON R. MILLER,
President Judge
CRAWFORD COUNTY
LOCAL RULES OF CIVIL PROCEDURE
RULES OF CONSTRUCTION Rule 51 Title of Rules. Purpose.
These Local Rules of Civil Procedure are intended to implement the Pennsylvania Rules of Civil Procedure to which their numbers correspond. They shall be cited as ''Cra.R.C.P.''
Rule 76 Definitions.
Unless the context clearly indicates otherwise, the words and phrases used herein shall bear the same meaning as they bear in the Pennsylvania Rules of Civil Procedure.
Rule 101 Principles of Interpretation.
In the construction of any of these rules, the principles of interpretation set forth in the Pennsylvania Rules of Civil Procedure shall be used.
BUSINESS OF COURTS Rule 205.2(a) Pleadings and Legal Papers. Format.
Physical characteristics of pleadings and other legal papers.
(1) All pleadings and papers in connection therewith, petitions and motions filed with the Prothonotary in an action at law and in other matters designated under the state and local Rules of Civil Procedure shall be prepared for flat filing.
(2) No paper or other document may be filed in the Clerk of Courts' Office, or the Prothonotary's Office, on any paper other than paper approximately 8 1/2 × 11 inches in size. Any paper or other document filed in any office shall substantially comply with the following requirements:
(a) All such papers shall be prepared on white paper (except for covers, dividers and similar sheets) of good quality with typed or printed matter 6 1/2 × 9 1/2 inches in size.
(b) The cover sheet shall contain a three (3) inch space from the top of the paper for all Court stampings, filing notices, and other Court purposes.
(c) Multi-page filings shall be stapled in the upper left-hand corner only. No tape, headers or backers shall be used.
(d) Page numbers shall be placed at the bottom of each page.
(e) Exhibits introduced in judicial proceedings and wills are exempt from this rule.
Rule 205.2(b) Cover Sheet.
Every pleading and other legal papers of two (2) or more pages shall have a cover sheet in substantially the following form:
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION--
(designation of action)
______ : No. ______ Plaintiff : Vs.
: : ______ : Defendant : Type of Document: __________
__________
Filed on Behalf of
__________
(Plaintiff/Defendant)
Counsel of Record for this Party:
__________
(Name of Attorney
Primarily Responsible)
Supreme Court I.D. No. __________
__________
(Firm Name, if any)
__________
(Address)
__________
__________
__________
(Phone)
__________
(Fax Number)
__________
(E-mail Address)Rule 205.2(c) Pro Se Filings.
(1) Except as provided in Pa.R.C.P. 240, the Prothonotary may refuse to accept filings that are not accompanied by the requisite filing fee. In doing so, the Prothonotary shall advise the party of the right to proceed informa pauperis under Pa.R.C.P. 240 and make available to the party a form motion and affidavit for the party to use, if the party desires to do so, in seeking leave of Court to proceed informa pauperis. Any filing which is not in compliance with law, rule of Court, etc. shall be forwarded immediately to the office of the Court Administrator. The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency in the filing.
Said notice shall be substantially in the following form:
NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY WHICH IS NOT IN COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE. THE PROBLEMS WITH THE FILING ARE: __________
__________YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER YOU SHOULD CONTACT THE COURT ADMINISTRATOR AT THE FOLLOWING OFFICECOURT ADMINISTRATOR
CRAWFORD COUNTY COURTHOUSE
MEADVILLE, PENNSYLVANIA 16335
TELEPHONE: 814.333.7498IF YOU DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE YOU HAVE VIOLATED OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.(2) Pro se filings by counseled parties.
Pro se filings with the Prothonotary by parties with counsel of record, which are not signed by the attorney, shall be accepted for filing. The Prothonotary shall time stamp the filing, make a docket entry reflecting the date of receipt and place the document in the case file. A copy of the time stamped document shall be sent to the attorney for the party. The Court may not be required to take any action in response to any pro se filing by a counseled party.
Rule 206.1(a) Petition. Definition. Content. Form.
''Petition'' as used in these rules shall mean:
(1) An application to open a default judgment or a judgment of non pros;
(2) A petition for relief from a judgment by confession;
(3) A petition for civil contempt, except in a support or custody action;
(4) A request for delay damages;
(5) A petition to transfer venue on grounds of forum non conveniens.
Rule 206.4(c) Rule to Show Cause.
(1) Issued as of course.
A rule to show cause shall be issued by the Court as of course upon petition pursuant to Pa.R.C.P. 206.6. The rule to show cause shall direct that an answer to the petition must be filed within twenty (20) days after service of the petition on any respondent unless the Court directs that an answer be filed within a shorter period of time. The Court may, in appropriate circumstances, dispense with the necessity of filing an answer all together.
(2) Steps that the moving party must take:
(a) The moving party must file a petition with the Prothonotary or by way of the process governing the filing of contested motions as set forth in Cra.R.C.P. 208.3(a).
Comment It is preferred that a petition seeking only the issuance of a rule to show cause shall be filed with the Prothonotary so as to not inconvenience a responding party by requiring the responding party to appear in Motions Court.
(b) The moving party shall attach to the petition a proposed order. The form of the proposed order shall be as set forth in Pa.R.C.P. 206.5, with alternative provisions in paragraph 4, so that the Court may determine whether to proceed with depositions or an evidentiary hearing on disputed issues of material fact.
(c) The moving party must indicate, in a thoroughly considered and good faith manner, the amount of time the moving party anticipates that an evidentiary hearing or argument will take.
(d) The moving party must comply with the required pre-filing notice set forth in Cra.R.C.P. 208.3(a)(6).
(e) The Court will determine whether to proceed by deposition or an evidentiary hearing on disputed issues of material fact.
(f) The moving party must comply with the required Service Of Order Entered rule set forth in Cra.R.C.P. 208.3(a)(10).
(3) Request for stay.
If a moving party requests a stay of execution pending disposition of a motion to open a default judgment:
(a) The petition must be filed in Motions Court in accordance with the rules governing contested motions as set forth in Cra.R.C.P. 208.3(a).
(b) A proposed order shall be attached and shall include the stay provisions the moving party requests.
(c) The Court will exercise its discretion as to whether to grant a stay and the terms and conditions of any stay after hearing from the parties in Motions Court or, if a protracted argument and more deliberate consideration is required, at a date and time to be set by the Court.
Rule 208.2(c) Statement of Authority.
Except for uncontested motions, all motions shall contain a statement of authority citing a statute, rule of Court, or case law in support of the relief requested. The statement may be in the body of the motion itself or may be in the form of a brief filed contemporaneously with the motion.
Rule 208.2(d) Certification of Uncontested Motion.
If a motion is uncontested, the moving party or counsel must certify that the motion is uncontested in a manner set forth in Cra.R.C.P. 208.3(a).
Rule 208.2(e) Discovery Motions.
Any motion relating to discovery shall include a statement signed by counsel for the moving party that counsel has conferred, or attempted to confer, with all interested parties in order to resolve the matter without Court action.
Rule 208.3(a) Motions Procedure. Motions Court.
(1) Motions Court session.
There shall be a session of the Court for the presentation of motions, appropriate requests and applications, every Monday, Wednesday and Friday at 8:45 o'clock a.m., except on holidays and other times when no judge is available (''Motions Court''). The business of the Court, in open Court or in chambers, shall not be interrupted by the presentation of motions or requests and applications, except where the Court, by statute or rule, is required to be available, and except for emergencies.
(2) Filing.
(i) Uncontested motions shall be filed in the Office of the Prothonotary. Contested motions may be filed in the Office of Prothonotary or in Motions Court. The Prothonotary shall place appropriate stamps and notations on each motion, make an appropriate docket entry, and promptly forward the motion to the Court Administrator for presentation to a Judge and the entry of an appropriate order.
(ii) Simultaneously with the filing of a motion in the Office of the Prothonotary, the moving party shall serve a copy, clearly marked as a ''copy,'' upon the Court Administrator. The Court Administrator is not required to act or respond to a ''copy.''
(iii) Motions, appropriate requests and applications intended for consideration by a motions Judge, shall be presented in Motions Court and are not required to be filed in the Office of the Prothonotary in advance of such presentation. The Prothonotary or a designee shall be present at every session of Motions Court to receive such papers for filing.
(3) Emergencies.
In the case of a true emergency, a motion, appropriate request or application, shall be presented to the Court Administrator who will immediately refer the matter to a Judge for consideration. If a moving party claims that an emergency exists, the nature of the emergency and the reasons why any required notice could not be given must be set forth in the motion, request or application being filed.
(4) Uncontested motions. Definition.
Uncontested motions are defined as those
(a) Where all parties or their counsel of record have consented to the motion and order. Counsel may certify that all parties or their counsel have consented, or attach written consents.
(b) Where the proposed order seeks only a rule to show cause with the return hearing or argument date and no such other further relief.
(c) Where the proposed order seeks only the appointment of a master, mediator or hearing officer and no such other further relief.
(5) Continuances.
Absent exceptional circumstances, motions for continuances shall be presented no later than ten (10) days before the date of the proceeding for which the continuance is requested. Thereafter, no motions for continuance will be granted except for substantial reasons which were not previously known or reasonably ascertainable. A request for a continuance based on proceedings scheduled in another Court may not be granted unless that Court's scheduling order was issued before the order scheduling the proceedings for which the continuance is requested. If the motion is based on a conflict with the matter scheduled in another Court of Common Pleas, the scheduling order from the other Court shall be attached to the motion. By signing a motion to continue, an attorney is representing to the court that the attorney's client has been consulted and is aware of the motion.
(6) Required pre-filing notice.
Before any motion is filed, the moving party shall serve a copy of the motion, request or application, and any proposed order, and a statement of the date and time of the intended presentation to counsel of record and any unrepresented party at least three (3) business days in advance of the presentation. Service may be accomplished personally, by first class mail or by facsimile transmission. Service shall be made pursuant to Pa.R.C.P. 440.
(7) Cover sheet.
A cover sheet in the following form shall be attached to each contested and uncontested motion and every copy of the same that is filed or served:
NOTICE You are hereby notified that the attached motion/petition will be presented by me on ______ , 20 ____ .
( ) to the Prothonotary.
( ) in Motion's Court at 8:45 o'clock a.m.
CERTIFICATION OF NOTICE AND SERVICE The undersigned represents that three (3) business days' prior notice and a copy of this motion and proposed order have been served by ( ) first class mail ( ) fax, or ( ) hand delivery on the ______ day of ______ , 20 ____ upon all parties or their counsel or record in accordance with Pa.R.C.P. 440.
INFORMATION FOR COURT ADMINISTRATOR
A. Is this an original filing in this case?
____ Yes ____ NoB. Has any Judge heard this matter previously? ____ Yes ____ No
C. If yes, name of Judge who presided over previous matter:
__ Miller __ Vardaro __ Spataro __ Other/NameD. Estimated Court time required for this matter.
_____ Minutes _____ Hours _____ DaysE. Is this motion/petition opposed by another party?
_____ Yes _____ No _____ Unknown
UNCONTESTED MOTION CERTIFICATION The undersigned represents that:
____ 1. All parties or counsel have consented.
____ 2. Consents of all parties or counsel are attached.
____ 3. The Order seeks only a return hearing or argument date and no other relief.
____ 4. The Order seeks only the appointment of a master, mediator or hearing officer and no other relief.
Opposing Counsel: __________(if opposing party is unrepresented, list his/her current address and telephone):__________
______ (Telephone) __________
I HEREBY CERTIFY ALL OF THE ABOVE STATEMENTS ARE TRUE AND CORRECT By __________
Attorney for: __________(8) Verification.
A motion that sets forth facts not of record shall be properly verified.
(9) Suggested order.
Every motion, request and application shall have attached thereto a suggested order granting the relief that is requested by the moving party.
(10) Service of order entered.
All orders entered by the Court after the presentation of a motion, request or application shall be served upon all opposing parties or their counsel by the moving party within three (3) business days after the entry of the order by the Court. Service of a conformed order is sufficient. As a courtesy, the Prothonotary may furnish a copy of the actual order at a later date, but the responsibility of the moving party to effectuate service is not relieved thereby.
Comment The purpose of this rule is to process motions, requests and applications as efficiently as possible. Uncontested motions will move through the system quickly, should be clearly identified as ''uncontested'' and must be filed with the Prothonotary. Contested motions may either be filed in the Office of the Prothonotary or in Motions Court. The use of Motions Court practice is greatly encouraged for all matters which are not likely to require lengthy evidentiary hearings or involve argument on complex legal issues. Counsel desiring to take advantage of the Motions Court practice must be diligent in complying with the notice requirements as a matter of fundamental fairness.
Rule 210 Briefs.
Briefs shall be typewritten, dated and double spaced (except for quotations) on paper 8 1/2 × 11 inches in size, and shall contain:
(1) A history of the case.
(2) A statement or counterstatement of facts.
(3) A statement of the question or questions involved.
(4) A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation or order.
(5) An argument with citations relied upon.
(6) A conclusion stating the relief sought.
(7) A certificate of service that the brief has been served upon all parties or counsel in accordance with Pa.R.C.P. 440.
Briefs shall be filed with the Prothonotary who shall date and time stamp the briefs and transmit them to the Judge or Court Administrator promptly after receiving the same. (See Cra.R.C.P. 307(5) for the timing requirements). (See Cra.R.C.P. 1034(a) and 1035.2(a) covering briefs on motions for judgment on the pleadings and motions for summary judgment.)
Rule 212.1 Civil Actions to be Tried by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pretrial Statement. Nonjury Trials.
(1) Jury trials in civil actions shall be held:
(a) In the months of February, April and October, as designated in the Court calendar published annually by the Court Administrator by the last day of the preceding year.
(b) At such other times specially set by the Court.
(2) Nonjury trials in civil actions shall be held on dates certain to be set by the Court Administrator after the close of the civil trial list.
(3) Notice of earliest trial date.
The earliest trial date will be the first trial term following the date when the case is at issue and all pretrial procedures have been completed.
(4) Trial lists and pretrial procedures.
Unless the Court, upon a party's or its own motion enters a case management or scheduling order, the procedure for moving a case to trial is as follows:
(a) Completion of discovery.
Unless an extension of time is agreed to in writing by all parties or permitted by the Court upon cause shown, all discovery shall be completed within 75 days after a party has given notice to all other parties to do so. The notice may be given at any time after the pleadings are closed, shall specifically refer to the time limitation provided herein, shall be filed in the office of the Prothonotary and copies shall be served on all other parties.
(b) Certificate of readiness.
To place the case on the trial list, counsel for a party or an unrepresented party shall file a certificate of readiness with a copy to be served on all other parties in accordance with Pa.R.C.P. 440 and with a certificate of service attached thereto. The certificate of readiness shall affirmatively state that the pleadings are closed, that discovery has been completed and that all preliminary matters have been concluded. A party that files a certificate of readiness may not be granted a continuance of the trial by reason of not being ready. A non-filing party who does not file timely objections to the certificate of readiness may not be granted a continuance by reason of not being ready. Whether the case is to be tried by a jury or nonjury must be stated clearly on the cover sheet. This does not affect the right to a jury trial or the manner in which a jury trial must be demanded.
(c) Consent to trial listing.
If a certificate of readiness is signed by or on behalf of all parties, then discovery shall be deemed to be completed whether or not any party has complied with the notice to complete discovery.
(d) Objection to certificate of readiness.
Any party or counsel who objects to the filing of a certificate of readiness shall file a Motion to Strike in Motions Court within 14 business days after receipt of the certificate of readiness. The Motion to Strike must specifically state the reasons for the objection.
(e) Trial lists.
Upon receipt of a certificate of readiness, the Prothonotary shall list the case for the trial term that begins at least 75 days after the date the certificate of readiness was filed and shall give a written notice to all parties of the date and time for the first day of trials.
(f) Compilation and publication of jury and nonjury trial lists.
At the close of any trial list, the Prothonotary shall compile a list of the cases in chronological order according to the date the certificate of readiness was filed, giving preference, however, in the preparation of trial lists, to cases described in Pa.R.C.P. 214. The list shall be posted on the bulletin board in the Prothonotary's office, five (5) copies shall be sent to the Court Administrator and one (1) copy mailed to each attorney of record and non-represented parties promptly.
(g) Dates when pretrial statements are due.
(i) A pretrial statement shall be filed by all plaintiffs within 30 days after certificate of readiness is filed.
(ii) Pretrial statements shall be filed by all defendants and all additional defendants within 45 days after the certificate of readiness is filed.
(iii) The Court may not set a pretrial conference or a trial date in any case where any party has failed to file a pretrial narrative.
(h) Call of trial list.
There will not be a call of the civil trial list. Matters that historically were taken up at the call of the civil trial list in Crawford County will only be brought to the attention of a judge in response to a motion filed in accordance with motions practice.
(5) Status Conferences.
Status conferences may be ordered by the Court on its own or upon written motion of a party, which motion shall set forth reasons in support of a request for a status conference. The Court may enter appropriate orders at the conclusion of the status conference.
(6) Special management cases.
(a) Any party may file a motion for special management status with a proposed order in keeping with motions practice. The motion shall be filed at any time up to 60 days after the close of the pleadings and shall state the reasons for the request. The Court on its own may designate a case for special management.
(b) Criteria for special management may include any of the following:
(i) Large number of parties.
(ii) Large number of claims or defenses.
(iii) Complex factual or legal issues.
(iv) Large volume of evidence.
(v) Problems locating or serving evidence.
(vi) Extensive discovery.
(vii) Exceptionally long time to prepare for disposition.
(viii) Exceptionally short time needed for a decision.
(ix) Need to decide preliminary issues before final disposition.
(c) Special management designation shall be made at the discretion of the Court. Cases granted special management status shall be assigned to an individual Judge.
(d) After a case has been given special management designation all subsequent filings shall include, under the civil action number on the cover page, the words ''SPECIAL MANAGEMENT: ASSIGNED TO JUDGE ____ .''
(e) After the Court has granted special management designation any party may request, by motion, or the Court may, on its own, schedule a status conference to address, inter alia, the following:
(i) Discovery issues.
(ii) Issues involving experts.
(iii) Pretrial motions.
(iv) Settlement conferences, mediation or other alternative dispute resolution.
(v) Management and scheduling provisions.
(vi) Establishing tentative trial dates.
Comment Status conferences may be beneficial for several reasons. For instance, at the early stages of a case, it may be appropriate that a case specific scheduling order be established. Likewise, at the later stages of the case, the parties may want to set a schedule for the disposition of the case that calls for shorter time periods than those set forth in these rules in order to bring a case to trial much faster. Status conferences may not be necessary in every case, but can afford a perfect opportunity for the parties and the Court to meet, discuss and determine the best path and schedule that the case should take.
Comment In compulsory arbitration cases these rules only apply if an appeal is taken.
Rule 212.2 Civil Actions to be Tried by Jury. Pretrial Trial Statement. Content. Sanctions. Nonjury Trials.
In addition to the requirements governing the content of pretrial statements set out in Pa.R.C.P. 212.2 each pretrial statement in any civil case shall contain:
(1) A brief statement of all legal issues involved or reasonably anticipated. The Court may require trial briefs on specific legal issues.
(2) An estimate of the length of the trial, any trial scheduling preferences and any scheduling conflicts.
(3) A certificate that the attorney has checked with all witnesses who are listed and they are available for trial.
Rule 212.3 Pretrial Conferences. Settlement Conferences.
(1) Pretrial Conferences.
(a) Unless otherwise ordered by the Court, pretrial conferences will be scheduled by the Court Administrator shortly after the trial list closes.
(b) In addition to the matters set forth in Pa.R.C.P. 212.3 for consideration of a pretrial conference, the Court will consider, and attempt to resolve, all motions in limine filed up to that time. All known or anticipated pretrial motions in limine should be presented prior to or at the pretrial conference.
(c) Attorneys present at a pretrial conference must have complete authority to enter into stipulations concerning liability, and other trial-related and evidentiary issues.
Comment It is expected that by the time of the pretrial conference all depositions for use at trial have been completed and there will be no further depositions, for discovery or for use at trial, to be held between the time of the pretrial conference and the beginning of the upcoming civil trial term. The Court may, on its own, continue the trial to a later term if there are any depositions to be taken after the pretrial conference. By the time the case gets to the pretrial conference stage, the Court expects that all parties are then ready for trial.
Comment In compulsory arbitration cases these rules only apply if an appeal is taken.
(2) Settlement Conferences.
(a) A settlement conference may be held at the discretion of the Court or on written request of a party, which said request shall set forth substantial reasons for the conference. The Court may hold a settlement conference prior to or after a pretrial conference.
(b) At least five (5) days prior to the settlement conference, all plaintiffs shall have made a bona fide written demand and proposal of settlement on all opposing counsel and non-represented parties. By the time of the settlement conference, each defendant or additional defendant shall respond in writing to such written to demand.
(c) Each party, corporation, and insurance carrier of a party who has an actual interest in the case, or can have an effect on the settlement of the case, shall be personally present at the settlement conference and be represented by someone authorized to speak for such party, corporation or insurance carrier with respect to the trial of the case and the settlement of the case, and who is also authorized to settle the case within any policy limits or up to any plaintiff's demand that is within the policy limits. The Court, on motion filed at least five (5) business days prior to the settlement conference, may for good cause, permit a party or representative to appear by telephone rather than in person.
Rule 216 Grounds for Continuance.
(1) Trial Continuances.
All requests for a continuance of a jury trial must be made at least 45 days prior to the first date of trials. Thereafter, no request for continuance will be granted except for substantial reasons. By signing a motion to continue, an attorney is representing to the court that the attorney's client has been consulted and is aware of the motion.
(2) Consent to Second Continuance.
Only one (1) continuance of a case by agreement of counsel will be permitted. Thereafter, any further motions for continuance by agreement may be refused and will not be considered by the Court unless there is endorsed thereon a statement signed by all of the parties to the action that they are aware of the filing of said motion and consent to a continuance.
(3) Counsel--Other Required Court Appearances.
If the basis for a continuance is a required appearance of an attorney or party in a Court in another county the policy of this Court is to grant such a continuance only if the other matter was scheduled before the Crawford County matter was scheduled. Any motion for a continuance on these grounds must include a true and correct copy of the scheduling order entered by the other Court. This Court may communicate with the other Court in order to resolve any conflicts to the benefit and satisfaction of both courts.
Rule 223 Conduct of the Trial. Generally.
All exhibits entered into evidence shall be retained by the Prothonotary until it is determined whether an appeal has been taken from a final judgment. If an appeal has been taken, the exhibits shall be retained until disposition of the appeal. Within sixty (60) days of the final disposition of all appeals or the date when no further appeal may be taken under the Pennsylvania Rules of Appellate Procedure, the party who offered the exhibits may reclaim them from the Prothonotary. In cases where final disposition of all appeals predates the effective date of this Rule by more than sixty (60) days, the sixty (60) day time period within which to reclaim trial exhibits shall run from the effective date of this Rule. Any exhibits not so reclaimed may be destroyed or otherwise disposed of by the Prothonotary.
Rule 230.2 Termination of Inactive Cases.
On April 1 of each year the Prothonotary shall prepare and deliver to the Court Administrator a list of all cases in which there has been no activity of record for two years as of the most recent December 31st.
The Court Administrator shall then initiate the process of terminating inactive cases in the manner provided for in Pa.R.C.P. 230.2.
The Court Administrator shall cause to be published a notice of proposed termination as provided for in Pa.R.C.P. 230.2(b)(2) and (e) listing all of the cases to be terminated. Said notice shall be published in The Meadville Tribune newspaper, Titusville Herald newspaper and the Crawford County Legal Journal once a week for two consecutive weeks.
This rule shall not apply to custody or support cases.
COURT MATTERS Rule 301 Prothonotary.
(1) Records and Dockets.
The Prothonotary shall be responsible for the safekeeping of all records and papers. No records or papers of any kind shall be removed from the Office of the Prothonotary, except as herein provided. Dockets shall not be removed except when required in Court.
(2) Endorsing Filing Time of Papers.
The Prothonotary shall endorse upon all papers the filing date thereof, together with the precise hour of the entry of all judgments, verdicts, mechanic's liens, municipal liens, tax liens of all kinds, financing statements or other encumbrances or liens. The filing date, or filing date and time, shall in like manner be entered on the dockets.
(3) Entries on Dockets.
No entries of any kind shall be made in any docket or other record of the Court unless attested to by the Prothonotary, a deputy or clerk. All entries so made shall be in ink and shall be dated.
(4) Records in Court.
At all sessions of Argument Court and at all trials and special hearings, the Prothonotary shall have the entire record of each case before the session arranged in the order that the papers therein were filed and present the same to the Court when the case is called. At the conclusion of the case, the Prothonotary shall repossess all papers and return the same to the file. In the event the Court retains the papers after the session, the Prothonotary shall so indicate on a withdrawal receipt.
Except as otherwise provided in these Rules, all papers concerning any case which are not presented in open Court at a session in which any matter connected with the case is being heard, shall be first filed in the Prothonotary's Office; and if the papers with relation thereto are in the hands of the Court in connection with its deliberation on the case or for any other reason, the paper, after filing, shall be transmitted to the Court by the Prothonotary.
(5) Bulletin Board.
The Prothonotary shall maintain a bulletin board of sufficient size and conspicuously placed in the Prothonotary's office for posting thereon all notices directed by rules or by special order of Court. The Prothonotary or deputy shall certify on such notices the precise date and time of the posting thereof.
(6) Register of Attorneys.
The Prothonotary shall keep a register setting forth a list of the attorneys of the Bar of Crawford County with the date of their admission for historical purposes.
(7) Rules of Court.
The Prothonotary shall maintain a printed copy of the Rules adopted by the Court and shall insert therein all amendments which may be hereafter adopted from time to time. Within ten (10) days after the adoption of any new rule or amendment of any existing rule and proper publication of the same, the Prothonotary shall mail or deliver a copy thereof to all members of the Crawford County Bar. The printed copies of new rules or amendments shall be in loose-leaf form and of such proportions and arrangement as to permit the compilation and insertion thereof in appropriate loose-leaf binders. The Prothonotary shall maintain complete sets of the Local Rules of Civil Procedure for sale at cost.
(8) Collection of Costs.
The Prothonotary shall establish, implement, maintain and utilize a system for the collection of outstanding unpaid fees and costs. The Prothonotary shall keep a separate listing of the date that costs and fees were imposed, the date due, collection efforts, and the dates and amounts of payment. The Prothonotary shall make an annual report to the President Judge on or before April 1st of each year for the preceding calendar year setting forth the amount of outstanding costs at the beginning of the year, the amount of costs and fees imposed on a delay time payment basis, the amount of said costs paid during the year and the amount of the unpaid costs at the end of the year. Costs and fees which are either paid at the time that services are incurred or paid at the time that the order imposing the costs and fees is entered are not included in this rule. This rule governs costs which either the Court or the Prothonotary has given an attorney or party time to pay.
(9) Removal of Papers.
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.
(a) Removal of Original Papers.
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.
(b) Procedure for Removal of Other Papers.
All other papers may be removed by an attorney who is a member of any bar upon filing with the Prothonotary a signed receipt as prescribed in Cra.R.C.P. 301(11) below, provided, however, that (1) no such paper shall be taken out of the Crawford County Courthouse and (2) all such papers shall be returned to the Prothonotary's office by the end of the same business day.
(10) Removal by Masters, Arbitrators, Mediators, Hearing Officers.
A master, arbitrator, mediator or hearing officer appointed by the Court or Prothonotary may remove papers for the purpose of that appointment for a period not to exceed sixty (60) days.
(11) Receipt for Documents.
When any person removes papers from the Office of the Prothonotary, that person shall sign a receipt therefore, setting forth the caption and number of the case, a description of the papers removed and the date of removal.
(12) Return of File and Documents.
All papers removed on receipt, with or without leave of the Court, shall be returned promptly, and in no case shall the 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 this failure to return such papers, and if such default continues for three (3) days following notice, the attorney 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 President Judge for appropriate action.
Rule 302 Court Calendar.
At the beginning of each calendar year, the Court shall publish in the Crawford County Legal Journal, a Court calendar for the year, which shall have the effect of a rule of Court for the matters and dates set forth therein.
Rule 303 Bills of Costs.
(1) Bills of costs must contain the names of the witnesses, the dates of their attendance, the number of miles actually traveled by them, and the places from which mileage is claimed. The bills should be verified by the affidavit of the party filing them or by the attorney of the party that the witnesses named were actually present in Court, and in the affiant's opinion, they were material witnesses. A copy of the bill of costs shall be served on all opposing counsel and all unrepresented parties.
(2) A party upon whom a bill of costs has been served may, within ten (10) days after such service, file exceptions thereto, and the issues shall be determined by the Court. Failure to file exceptions within ten (10) days shall be deemed a waiver of all objections and exceptions.
Rule 304 Law Library.
(a) The Crawford County Law Library shall be managed by a law librarian. A law library committee shall be appointed by the President Judge.
(b) The committee shall make recommendations to the President Judge and Court Administrator for the management and operation of the library as may be expedient and necessary for its proper care and preservation.
Rule 305 Appointment of Counsel.
The Court desires that legal services in civil actions will be provided to indigents and qualified persons by some legal services provider and/or the Crawford County Bar Association through a pro bono project. Upon petition filed with the Court pursuant to motions practice, the Court will assign counsel to represent indigents in civil actions where deprivation of substantial rights may occur, such as paternity actions and actions to terminate parental rights. The petition for the assignment of counsel in a civil action shall be in the form set forth herein. A supply of these forms shall be maintained by the Prothonotary, the Domestic Relations Section, and the Court Administrator.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
PETITION FOR THE APPOINTMENT OF COUNSEL
INA CIVIL ACTIONTO THE HONORABLE, THE JUDGES OF SAID COURT:
The petitioner respectfully represents and petitions the Court as follows:
1. Petitioner is __________
who resides at __________
and is the (plaintiff)(defendant) in the above entitled action.2. Petitioner's social security number is __________
Income and expense information as set forth below is complete and true.3. That this is an action for __________
__________
__________4. That this is a civil action which may lead to the deprivation of substantial rights of the petitioner and thus raises due process and equal protection questions whereby the petitioner is entitled to the assignment of counsel.
5. That the petitioner is, for financial reasons, unable to obtain counsel to represent him/her in this action as the petitioner does not have sufficient income or assets to hire counsel, nor does petitioner have the ability to borrow money or obtain gifts from relatives, friends, or otherwise in order to hire counsel. Petitioner has made the following efforts to obtain counsel:
__________
__________
__________
(a) Employment:
(i) I am presently employed and state as follows:
Employer __________
Address __________
__________
Salary or wages per month __________
Type of work __________
(ii) I am presently unemployed and state as follows:
Date of last employment __________
Salary or wages per month __________
Type of work __________(b) Other income within the past twelve-months:
Business or profession __________
Other self-employment __________
Interest __________
Dividends __________
Pension and annuities __________
Social Security benefits __________
Support payments received __________
Disability payments __________
Unemployment compensation and supplemental benefits __________
Worker's compensation __________
Public Assistance __________
Other __________(c) Other contributions to the support of my household (Wife) (Husband) (Other adult living with me) __________
( ) My (wife) (husband) (or other adult) is em ployed, and I state:
Employer __________
Salary or wages per month __________
Type of work __________
Contributions from children __________
Contributions from parents __________
Other contributions __________
( ) My wife, husband or other adult is not em ployed.(d) Property owned:
Cash __________
Checking account (s) __________
Savings account (s) __________
Certificates of deposit __________
Real estate (including home) __________
Motor vehicle(s): Make ______ Year __________
Cost ______ Amt. Owed __________
Stocks; bonds __________
Other __________(e) Debts and obligations:
Mortgage __________
Rent __________
Loans __________
Other __________
__________(f) Persons dependent upon me for support
(Wife) (Husband) Name __________
Children, if any
Name ______ Age __________
______ __________
______ __________
Other persons:
Name __________
Relationship __________6. Petitioner (is) (is not) receiving Public Assistance.
7. I agree that I have a continuing obligation to inform the Court and my court-appointed counsel of any improvement in my financial circumstances which then may enable me to pay attorneys fees.
WHEREFORE, petitioner respectfully requests that this Court appoint and assign counsel to represent him/her in this action.
______
(Print Name)
VERIFICATION I, _________________ , verify that the statements made in this petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
______
(Sign Name)
ORDER AND NOW, this _____ day of ______ , 20 ____ upon consideration of the within petition, including the representations and sworn statements of the petitioner contained therein, the Court finds the petitioner is indigent and that this action affects ''substantial rights'' of the petitioner raising due process and equal protection concerns such that petitioner has a right to the assignment of counsel to represent him/her in this action.
Accordingly, ______ , Esquire, is hereby appointed to represent the petitioner in this action until the petitioner is financially able to obtain counsel to represent him/her in this matter. In the latter event, counsel appointed to represent the petitioner may continue to represent the petitioner either pursuant to an agreement between counsel and the petitioner regarding the payment of fees and costs or, in lieu thereof, counsel or the petitioner may file a motion with this Court to determine the petitioner's ability to pay counsel fees and the terms and conditions thereof.
BY THE COURT
_________________
J.
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