[36 Pa.B. 6633]
[Saturday, November 4, 2006]
[Continued from previous Web Page] Local Rule 1320 Small Claims Procedure.
The following procedure shall govern Small Claims, which include appeals from Magisterial District Judges where the damages claimed do not exceed the sum of $3,000 (exclusive of interest and costs), and civil actions where the damages claimed do not exceed the sum of $3,000 (exclusive of interest and costs).
(1) The Complaint may be simplified to contain only the names and addresses of the parties, a statement indicating concisely the nature and amount of the claim, the signature of the plaintiff or the plaintiff's attorney (Pa.R.C.P. 1023), an endorsement (Pa.R.C.P. 1025), a Notice of Hearing Date and three copies of a Notice of Intention to Appear as set forth in subparagraph (3) hereof.
(2) Every Complaint filed in Compulsory Arbitration as a Small Claim, whether filed by a plaintiff against a defendant or by a defendant against an additional defendant, shall contain a Notice of Hearing Date, Notice to Defend, and Notice of Duty to Appear at Arbitration Hearing (FORM 1320A) (see subsection (9)(a) below). The Notice of Hearing Date and Notice of Duty to Appear shall immediately follow the Notice (to Defend) which is required by Pa.R.C.P. 1018.1(b).
(3) The filed Notice of Intention to Appear shall be a sufficient answer to the Complaint (FORM 1320B) (see subsection (9)(b) below).
(4) A counterclaim which qualifies as a ''Small Claim'' as defined herein may be set forth in either the filed Notice of Intention to Appear or a separate pleading, by a statement indicating concisely the nature and amount of same. The counterclaim filed as a separate pleading shall be in substantially the same form as the Complaint, without the Notice of Hearing or Notice of Intention to Appear.
(5) No reply to a counterclaim shall be required. If one is filed, it may be limited to a general denial.
(6) The provisions of Local Rules 212.1, 212.2 and 212.3 shall not apply to actions involving only Small Claims as defined herein.
(7) Except as otherwise provided by order of the Special Motions Judge upon good cause shown, in Small Claims proceedings, there shall be no discovery by deposition upon oral examination or upon written interrogatories under Pa.R.C.P. 4005 and 4007 or requests for admissions under Pa.R.C.P. 4014.
(8) The Prothonotary, on praecipe of the plaintiff accompanied by a certificate as required by Pa.R.C.P. 237.1(a)(2), shall enter judgment against the defendant for failure to file either a responsive pleading or a copy of the Notice of Intention to Appear within twenty (20) days from service thereof, with damages to be assessed in the manner provided by the rules.
(9) (a)
FORM 1320A Notice of Hearing Date, Notice to Defend and Notice of Duty to Appear at Arbitration Hearing
IN THE COURT OF COMMON PLEASE OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION
_________________ ARBITRATION DOCKET _________________ NO.______ Plaintiff,
vs.
HEARING DATE______ _________________ Defendant.
NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the attached copy of the suit papers, YOU MUST complete and detach two of the copies of the attached ''Notice of Intention To Appear.'' One completed copy of the ''Notice of Intention to Appear'' must be filed or mailed to the Prothonotary's Office, First Floor, City-County Building, 414 Grant Street, Pittsburgh, PA 15219 and the other completed copy must be mailed to:
___________________________
___________________________
__ within TWENTY (20) days from the date these papers were mailed. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lost money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE, The Allegheny County Bar Association
11th Floor Koppers Building, 436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: (412) 261-5555
HEARING NOTICE YOU HAVE BEEN SUED IN COURT. The above Notice to Defend explains what you must do to dispute the claims made against you. If you file the written response referred to in the Notice to Defend, a hearing before a board of arbitrators will take place in Room 523 of the Allegheny County Courthouse, 436 Grant Street, Pittsburgh, Pennsylvania, on ______ , ____ [Insert date and year] at 9:00 A.M. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIMED IN THE COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.
DUTY TO APPEAR AT ARBITRATION HEARING If one or more of the parties is not present at the hearing, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.
NOTICE: You must respond to this complaint within twenty (20) days or a judgment for the amount claimed may be entered against you before the hearing.
If one or more of the parties is not present at the hearing, the matter may be heard immediately before a judge without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.(b)
FORM 1320B Notice of Intention to Appear
NOTICE OF INTENTION TO APPEAR
(Three copies required) To the Plaintiff or the Case Caption ______
Plaintiff's Attorney Hearing Date ______
I intend to appear at the hearing scheduled for the above date and defend against the claim made against me.
I do not owe this claim for the following reasons:
___________________________
___________________________
___________________________
I certify that I have mailed a copy of this Notice to the Plaintiff or the Plaintiff's attorney.
Date: ______ Sign here: ______
Address: _________________
___________________________
Local Rule 1331 Consumer Credit Transaction.
The agency to be named in any notice required by Pa.R.C.P. 1328(b) and 1329(3)(2) shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Rule 1915.15(a)(1) Form of Complaint. Caption. Order.
i. The agency to be named in the order of court accompanying the complaint shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Rule 1915.16(c) Form of Order and Notice, Joinder, Intervention.
i. The agency to be named in the order of court and notice under this rule shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Rule 2039 Compromise, Settlement, Discontinuance and Distribution.
(1) Contents of Petition.
A petition under Pa.R.C.P. 2039 shall be verified by the guardian of the minor, and shall contain a statement of the nature of the evidence relied upon to show liability, the elements of damage, the injuries sustained, and the list of expenses incurred or to be incurred. The petition shall be accompanied by the following exhibits:
(a) A statement of counsel's professional opinion regarding the desirability of the settlement and reasons therefor, including a discussion with specific references to the factual circumstances as to both the liability and damages aspects of the case; a description of the services rendered; a description and the amount of reimbursable expenses requested; and the amount of fees requested, which, except in extraordinary circumstances, shall not exceed 33-1/3% of the present value of a structured settlement or 33-1/3% of the gross recovery of any other settlement.
Note: If settlement proceeds are to be split between a minor and another party(ies) to the litigation, the injuries to this other party(ies) must also be described.
(b) A statement by the attending physician as to the injuries sustained by the minor, treatment administered and the prognosis.
(c) In property damage claims, a statement by the party who made the repairs or appraised the loss.
(2) Deposit of Funds by Order of Court.
(a) All petitions under Pa.R.C.P. 2039, where the proceeds of settlement are to be deposited in a savings account or in a certificate of deposit, shall have attached to the petition an order including the following:
It is hereby ordered and decreed that the amount of $ ____ shall be deposited only in the name of
_________________ ,
a minor, by attorney
_________________ ,
counsel of record, in a savings account or certificate of deposit in a federally insured bank, savings and loan association or credit union. The savings account or certificate of deposit shall be marked ''NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF MAJORITY OR BY FURTHER ORDER OF COURT.''(b) Proof of deposit is to be filed with the Clerk of the Orphans' Court within thirty (30) days by attorney _________________ , counsel of record.
(3) Presentation of Petition.
All petitions under Pa.R.C.P. 2039 shall be first delivered for signature to the Administrative Judge of the Orphans' Court Division who will then deliver the petition to the Calendar Control Judge for signature.
(4) Annuity Contracts.
(a) Where the terms of settlement of a minor's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company without the prior approval of the Orphans' Court Division of this Court.
(b) A copy of this local rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Clerk of the Orphans' Court Division of this Court.
(c) Proof of purchase of any annuity contract is to be filed with the Clerk of the Orphans' Court within thirty (30) days by attorney ______ , counsel of record.
Note: For approval of a settlement of a minor's claim where no action has been instituted, see Orphans' Court Local Rule 12.16G.
Local Rule 2064 Compromise, Settlement, Discontinuance and Distribution.
(1) Contents of Petition.
A petition under Pa.R.C.P. 2064 shall be verified by the guardian or guardian ad litem of the incapacitated person, and shall contain a statement of the nature of the evidence relied upon to show liability, the elements of damage, the injuries sustained, and the list of expenses incurred or to be incurred. The petition shall be accompanied by the following exhibits:
(a) A statement of counsel's professional opinion regarding the desirability of the settlement and reasons therefor, including a discussion with specific references to the factual circumstances as to both the liability and damages aspects of the case; a description of the services rendered; a description and the amount of reimbursable expenses requested; and the amount of fees requested, which, except in extraordinary circumstances, shall not exceed 33-1/3% of the present value of a structured settlement or 33-1/3% of the gross recovery of any other settlement.
(b) A statement by the attending physician as to the injuries sustained by the incapacitated person, treatment administered and the prognosis.
(c) In property damage claims, a statement by the party who made the repairs or appraised the loss.
(2) Deposit of Funds by Order of Court.
(a) All petitions under Pa.R.C.P. 2064 shall have attached to the petition an order including the following:
It is hereby ordered and decreed that the amount of $ ____ shall be paid to ______ , the guardian of the estate. [If the guardian of the estate is an individual, include the following sentence.] A surety bond shall be posted in the same net amount as stated above.(b) Proof of surety bond is to be filed with the Clerk of the Orphans' Court within thirty (30) days by _________________ , guardian of the estate.
Note: If no guardian has been appointed, see Pa.R.C.P. 2064.
(3) Presentation of Petition.
All petitions under Pa.R.C.P. 2064 shall be first delivered for signature to the Administrative Judge of the Orphans' Court Division and thereafter presented to the Calendar Control Judge.
(4) Annuity Contracts.
(a) Where the terms of settlement of an incapacitated person's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company without the prior approval of the Orphans' Court Division of this Court.
(b) A copy of this local rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Clerk of the Orphans' Court Division of this Court.
Note: For approval of a settlement of an incapacitated person's claim where no action has been instituted, see analogous procedures at Orphans' Court Local Rule 12.16G.
Local Rule 2205 Service of Notice to Persons Entitled to Damages.
Service under this rule shall be made by personal service by any competent adult as provided in Pa.R.C.P. 402 or by registered mail pursuant to Pa.R.C.P. 403.
Local Rule 2206 Settlement, Compromise, Discontinuance and Judgment.
Petitions of any party in interest pursuant to Pa.R.C.P. 2206, where a civil action has been instituted and where no minor and no incapacitated person has an interest, shall be presented to the Calendar Control Judge. Where a minor or incapacitated person has an interest, petitions shall be first delivered for signature to the Administrative Judge of the Orphans' Court Division and thereafter to the Calendar Control Judge for signature. See Local Rule 2039 where a minor has an interest and Local Rule 2064 where an incapacitated person has an interest.
Note: See 20 Pa.C.S. § 3323. The contents of a petition under this local rule are analogous to those required by Orphans' Court Local Rule 12.16F. As to settlement of survival actions where no action has been instituted, see Orphans' Court Local Rule 12.16F.
Local Rule 2232 Service of Notice to Persons Required to Be Joined.
Service under this rule shall be made by personal service by any competent adult as provided in Pa.R.C.P. 402 or by registered mail pursuant to Pa.R.C.P. 403.
Local Rule 3121 Stay of Execution. Setting Aside Execution.
(1) Notice.
Notice shall be given to the party executing the judgment when application will be made for a stay of execution.
(2) Delivery of Copy of Order Staying Execution to Sheriff.
Orders staying execution, certified to be true and correct by the Prothonotary, an attorney or a party litigant, shall be provided to the Sheriff.
Note: When a writ of execution is stayed after the Sheriff has served or has attempted to serve the writ, poundage will be calculated based on the face amount of the writ unless the plaintiff files an affidavit within three business days the actual amount paid or to be paid to the plaintiff in cash or in kind as consideration for staying the writ or satisfying the judgment. If an affidavit is filed, the Sheriff's poundage will be calculated based on the consideration set forth in the affidavit.
Local Rule 3129.2 Notice of Sale. Real Property.
(1) Conditions of Sale in Notice.
The following procedures and conditions of sale shall govern every Sheriff's sale of real estate, and shall be set forth in any published notice:
(a) If the successful bidder at the sale is the plaintiff in the writ of execution upon which the real estate is being sold, the successful bidder shall pay the full amount of the purchase money to the Sheriff on or before the first Monday of the following month, unless the time is extended by the Court. Upon the failure of the successful bidder to so pay the purchase money, the Sheriff shall return the writ ''real estate unsold,'' stating in the return that the sale was held pursuant to the writ, that the plaintiff was the successful bidder at the sale, and that the plaintiff failed to pay the bid and complete the sale. The plaintiff shall thereupon forfeit all moneys advanced on the writ, which moneys shall be applied by the Sheriff first to costs on the writ and then to liens in order of their priority.
(b) If the successful bidder at the sale is not the plaintiff in the writ of execution upon which the real estate is being sold, and:
(i) If the sale is held on the first Monday of the month, and an adjourned Sheriff's sale is held within six days thereafter, the successful bidder may pay either the full amount bid at the time of the sale or ten percent (10%) of the bid in cash (but not less than seventy-five dollars ($75.00)), and thereafter pay the balance before the time of the adjourned sale. If the successful bidder fails to pay the balance before the time of the adjourned sale, the Sheriff shall resell the real estate at the adjourned sale, and the payment made at the original sale shall be applied by the Sheriff to any deficiency in the price at which the real estate is resold; or
(ii) If the sale is held on any day other than the first Monday of the month, the successful bidder shall pay the full amount bid at the time of sale, and upon failure of the successful bidder to do so, the Sheriff shall thereupon at that time resell the real estate.
(2) Filings With the Sheriff Prior to Sale:
All writs and copies of orders certified from the record by the Prothonotary directing judicial sales of real estate must be filed with the Sheriff in accordance with the policies of the Sheriff's office.
Note: As a matter of information, counsel should know that the Sheriff's office requires that the following be filed in the Sheriff's office prior to the sale:
(a) The following must be filed with the Sheriff, along with the writs and copies of orders, not less than twenty-five days before the date of sale:
(1) Original writ of execution
(2) One copy of writ of execution for each defendant*
(3) A stamped envelope addressed to each defendant*
(4) One self-addressed stamped envelope
(5) Affidavit of Compliance with Act 91 of 1983 or Affidavit of Inapplicability of Act 91 of 1983, as appropriate
(6) Affidavit of last known mailing address of the Defendant
(7) Affidavit Pursuant to Pa.R.Civ.P. 3129.1 (list of interested persons and entities)
(8) Notice of Sheriff's Sale
(9) Long description of the property (deed description)
(10) Three copies of Sheriff Form 56 (short description of property for newspaper advertising)
(11) One short description in all CAPITAL LETTERS (for preparation of handbill), which must contain the signature, address and telephone number of the person presenting the writ or order.
(12) Sheriff's Form 14 (Directions to post property with handbill. Include property street address, borough, municipality and ward.)
(13) If Defendant(s) are to be served--a Notice of Sheriff's Sale for each Defendant and ''Instructions to Sheriff'' form for each Defendant, noting Defendant's name and address.
* Not required for mortgage foreclosure or tax sale.
(b) A copy of the return of service filed in accordance with Pa.R.Civ.P. 3129.2(c)(2) must be filed with the Sheriff not less than five days prior to the sale. The return of service must have the original returned mailing cards attached, if applicable.
(c) A deposit of money for costs and expenses is required.
Note: Sheriff's Forms and sample notices can be obtained from the Sheriff's office, 436 Grant Street, First Floor, Pittsburgh, PA 15219.
(3) Dates of Sales of Real Property.
Judicial sales of real estate shall be held on the second Monday of September and the first Monday of all other months. When any of the above dates falls on a legal holiday, the Judicial sales of real estate shall be held on the Tuesday following.
(4) Notice to Internal Revenue Service.
In any case where notice is required to be given to the Internal Revenue Service, in accordance with the provisions of the Federal Tax Lien Act of 1966, 26 U.S.C. § 7425(b) and (c), a copy of such notice, certified by counsel to be a correct copy and indicating the date of service upon or delivery to the Internal Revenue Service, shall be filed with the Prothonotary' prior to the date fixed for the sale.
Local Rule 3139 Notice of Sheriff's Return.
Postcard notice of the filing of the Sheriff's return shall be given by the Sheriff to the judgment debtor at the judgment debtor's last known address.
Local Rule 3146 Judgment Against Garnishee Upon Default or Admission in Answer to Interrogatories.
(1) The hearing to assess the amount of the judgment shall be scheduled before the Motions Judge. Written notice to the garnishee in the form provided by Pa.R.C.P. 3146(a)(2) shall be served in accordance with Pa.R.C.P. 440 at least twenty days prior to the scheduled hearing. The Plaintiff shall serve the garnishee with a copy to the Defendant. Service shall be evidenced by a certificate of service.
(2) The agency to be named in the notice provided by Pa.R.C.P. 3146 shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Rule 3190 Judgment. Execution.
(1) Tax Sales.
Before objection to the adequacy of the price offered for real estate pursuant to Section 14 of Act of July 5, 1947, P. L. 1258, 53 P. S. § 26114, is filed, the objector shall deposit a certified or cashier's check with the solicitor for petitioner for ten (10) percent of the original offer, or a minimum of one hundred dollars ($100.00), subject to forfeiture to all interested taxing authorities in the event the original offer is not raised in said amount in open Court.
The objection filed in the office of the Prothonotary shall have endorsed thereon acceptance of service and receipt for deposit by counsel for petitioner. After bidding in open Court and acceptance of successful bid by the Court, deposits shall be returned to unsuccessful bidders, provided the accepted bid exceeds by ten percent, or a minimum of one hundred dollars ($100.00), the price offered.
(2) Delinquent Tax Liens.
(a) All orders to strike off and amend delinquent tax liens shall set forth:
(i) original description and change of description;
(ii) original ownership and change of ownership;
(iii) location by political subdivision and lot and block number, if any;
(iv) amount of taxes to be stricken in dollars and cents; and
(v) disposition of costs of the proceedings.
(b) Counsel shall serve certified copies of all such orders of Court on the Controller's Office and the County Law Department.
(c) Counsel shall also serve certified copies of orders of Court changing ownership or description of property on the Register of Deeds Office.
Local Rule 3206 and 3207 Statement of Objection (''Goods Claim'').
(See Magisterial District Justice Local Rule 420.)
Local Rule 3252 Writ of Execution. Money Judgments.
The agency to be named in the notice on writs of executions issued pursuant to Pa.R.C.P. 3252(a) shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Rule 4002.1 Filing Discovery Material. Requests for Expert Reports in Professional Negligence and Product Liability Actions.
All requests for production of expert reports made in professional negligence and product liability actions in accordance with Local Rule 4003.5 shall be filed with the Prothonotary. Expert reports furnished pursuant to Local Rule 4003.5 are discovery material that shall not be filed, except as provided by Pa.R.C.P. 4002.1.
Note: See also Local Rule 4003.5, relating to expert reports in professional negligence and product liability actions.
Local Rule 4003.5 Requests For Expert Reports in Professional Liability and Product Liability Actions.
(1) Scope of the Rule.
(a) This local rule applies to any professional negligence case or any product liability case which has been placed at issue.
(b) A professional negligence case includes any case with Code 006 (Trespass-Assault and Battery) in which it is claimed that the defendant provided medical treatment without obtaining an informed consent; any case with Code 007 (Trespass-Medical/Hospital Negligence); and any case with Code 009 (Trespass-Other) in which the defendant is an accountant, architect, attorney, engineer, hospital, physician or other professional person in which the gist of the case is that professional services failed to meet the accepted standards of the profession.
(c) A product liability case is any action, whether based on tort or contract theories, claiming damages caused by a defective product, including any case with Code 004 (Trespass-Products Liability).
Note: This local rule creates additional requirements for the pre-trial production of expert reports for cases within the scope of this rule. The parties must also meet the requirements of the Pennsylvania Rules of Civil Procedure governing discovery and the Allegheny County Local Rules for the pre-trial production of expert reports.
(2) Production of Plaintiff's Expert Reports.
(a) In any professional negligence or product liability case which has been placed at issue, any defendant against whom a claim of professional negligence or product liability has been made may serve on any plaintiff making that claim a Defendant's Request to Plaintiff for Production of Expert Reports (FORM 4003.5A) (see subsection (10)(a) below). The request shall specify the plaintiff to whom it is directed and the party making the request. The request may not be made earlier than one hundred eighty (180) days after the defendant filed its original answer to the plaintiff's complaint.
Note: An additional defendant may serve a Defendant's Request to Plaintiff for Production of Expert Reports on a plaintiff pursuant to section (2)(a) of this rule if the plaintiff is actively pursuing a claim against the additional defendant.
(b) Any plaintiff to whom a request for production of expert reports has been directed pursuant to subsection (2)(a) of this rule shall within one hundred eighty (180) days after service of the request furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that plaintiff to support the claims of professional negligence or product liability made by that plaintiff against the requesting party.
(3) Production of Defendant's and Additional Defendant's Expert Reports.
(a) Any plaintiff who has furnished any defendant or additional defendant expert reports summarizing the expert testimony that will be offered by that plaintiff to support that plaintiff's claims of professional negligence or product liability made against that defendant or additional defendant may serve on that defendant or addition defendant a Plaintiff's Request to Defendant or Additional Defendant for Production of Expert Reports (FORM 4003.5B) (see subsection (10)(b) below). The request shall specify the party to whom it is directed and the party shall specify the party to whom it is directed and the party making the request. The request may not be made earlier than one hundred eighty (180) days after the complaint was served on the party to whom the request is directed.
Note: Subsection (3)(a) of this rule applies to a plaintiff who has furnished expert reports to a defendant or additional defendant with or without a request for production of expert reports. Under subsection (3)(a) of this rule, the plaintiff must file a Plaintiff's Request to Defendant or Additional Defendant for Production of Expert Reports in order to compel a defendant to submit expert reports.
(b) Any party to whom a request for production of expert reports has been directed pursuant to subsection (3)(a) of this local rule shall within sixty (60) days after service of the request furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that party to support the defenses to the requesting party's claims.
(c) If the defendant or additional defendant to whom a Plaintiff's Request to Defendant or Additional Defendant for Production of Expert Reports has been directed has raised claims against other parties pursuant to Pa.R.C.P. 2251 et seq. (Joinder of Additional Defendants), the expert reports shall also summarize the expert testimony that will be offered by that party in support of these claims against other parties.
(d) The defendant or additional defendant who has furnished expert reports summarizing the expert testimony offered by that party in support of claims against other parties pursuant to subsection (3)(c) of this local rule may serve a Defendant's or Additional Defendant's Request to Other Defendant or Additional Defendant for Production of Expert Reports (FORM 4003.5C) (see subsection ((10)(c) below). The request shall specify the party to whom it is directed and the party making the request. The request may not be made earlier than one hundred eighty (180) days after the complaint was served on the party to whom the request is directed.
(e) (i) Any party to whom a request for production of expert reports has been directed pursuant to subsection (e)(d) of this local rule shall within sixty (60) days after service of the request furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that party supporting the defenses to the claims and any claims raised against the requesting party and any other parties joined pursuant to Pa.R.C.P. 2251 et seq.
(ii) If any defendant or additional defendant or any employee or other agent of any defendant or additional defendant is a professional person, this person shall furnish an expert report summarizing his or her testimony only if he or she intends to offer any expert testimony that is inconsistent with or beyond the fair scope of any testimony given in any deposition of this defendant. If this person was not deposed, this person must file an expert report if he or she intends to offer any expert testimony.
(4) Contents of the Expert Reports. Responses to Requests for Production.
An expert report required by this rule shall encompass all issues in the liability phase of the case for which expert testimony will be offered at trial, including issues of professional negligence, product defect, and causation of harm. The report shall be signed by the expert and shall fully comply with the requirements of Pa.R.C.P. 4003.5 (Discovery of Expert Testimony. Trial Preparation Material).
(5) Compelling Production of Report.
A party who has not received expert reports required to be produced under this local rule may file a motion to compel the production of a report and for sanctions pursuant to Pa.R.C.P. 4019. In ruling on a motion to compel, the Court shall give consideration to the complexity of the case, the diligence of the parties in making and responding to discovery requests, and other relevant factors. A party who has proceeded with reasonable diligence shall be given a reasonable time in which to complete necessary discovery and to file an expert report.
Note: A party cannot justify the non production of an expert report required by this local rule simply by stating that discovery has not been completed or that the party failing to provide the report has not yet identified the experts whom he or she intends to call at trial. However, a party who has acted diligently should not be required to file expert reports if discovery of significant information has not been completed because of difficulties obtaining discovery from other parties or third persons or because of the complexity of the case.
(6) Substitute/Additional/Supplemental Reports.
Any expert report required by this local rule shall reflect the best information available to the party furnishing the report at the time it is furnished. Except as provided in subsection (7) of this local rule, a party may file substitute, additional and supplemental expert reports without leave of Court. These substitute, additional and supplemental reports may introduce new theories of liability or causation or new defenses. They may be prepared by other experts.
(7) Listing Case for Trial.
(a) A plaintiff who has furnished expert reports summarizing all expert testimony that will be offered by that plaintiff to support his or her claims of professional negligence or product liability may file a praecipe requesting that the case be placed on the next available trial list (FORM 4003.5D) (see subsection (10)(d) below). The plaintiff shall serve a notice of the filing of the praecipe on all other parties (FORM 4003.5E)(see subsection (10)(e) below). This praecipe may not be filed earlier than one hundred eighty (180) days after the plaintiff served a copy of the original complaint on each defendant who continues to be a party in the case.
Note: Subsection (7)(a) is intended to give priority to those professional negligence and product liability cases that the plaintiff is ready to try. The product liability and professional negligence cases for which the plaintiff has not filed a praecipe pursuant to subsection (7)(a) of this local rule shall be listed for trial by the Court after the cases listed pursuant to this subsection have received priority.
(b) After a plaintiff has filed a praecipe requesting that the case be placed on the next available trial list, the plaintiff's right to file additional/supplemental reports is subject to the provisions of subsection (7)(d) of this local rule.
(c) After a plaintiff has filed a praecipe requesting that the case be placed on the next available trial list, each other party in the case shall file within sixty (60) days expert reports summarizing all expert testimony that will be offered by that party to support the defenses to the plaintiff's claims and to support any claims and defenses involving other parties. After sixty (60) days, each other party's right to file additional/supplemental reports is subject to the provisions of subsection (7)(d) of this local rule.
(d) (i) A party may file a supplemental expert report which responds to an opposing expert report within sixty (60) days after the opposing expert report was filed.
(ii) Except as provided in subsection (7)(d)(i), a party may not file a supplemental expert report which introduces a new theory of liability of causation or a new defense without leave of Court for good cause shown.
(iii) Except as provided in subsection (7)(d)(i), a party may not subsequently file an expert report prepared by a new expert without leave of Court for good cause shown.
(iv) Except as provided for in subsection (7)(d)(v), any party may, without leave of Court, substitute another expert for the expert identified in expert reports produced under this local rule. Reasonable notice of the substitution shall be given to all other parties. The testimony of any substituted expert may not be inconsistent with or go beyond the fair scope of the testimony in the expert reports produced under this local rule.
(v) A party may not substitute another expert for a party, employee or agent of a party who has been identified as an expert witness.
(vi) The provisions of subsections (7)(d)(ii), (iii) and (v) of this local rule apply only after a plaintiff has filed a praecipe requesting that the case be placed on the next available trial list pursuant to subsection (7)(a) of this local rule.
Note: Subsection (7)(d) applies only to additional or supplemental expert reports covering issues in the liability phase of the case for which expert testimony will be offered at trial. Subsection (7)(d) applies to additional or supplemental expert reports that are included as part of a pre-trial statement filed pursuant to Local Rule 212.2.
(8) Use of Reports/Summary Judgment.
(a) Reports provided pursuant to this local rule, responses to requests for production of expert reports, and the failure to provide expert reports when required by Court order entered pursuant to section (5) of this local rule may be used in supporting or opposing motions for summary judgment.
(b) In the absence of a Court order issued prior to the date of the argument on a motion for summary judgment, it shall not be necessary to file affidavits executed by the reporting expert in connection with summary judgment motions.
(9) Service and Filing Requirements.
All requests for the production of expert reports shall be served by the requesting party on all other parties and copies of all expert reports furnished pursuant to this local rule shall be served by the responding party on all other parties. All requests for the production of expert reports shall be filed with the Court. Expert reports furnished pursuant to this local rule are discovery material that shall not be filed except as provided by Pa.R.C.P. 4002.1
(10) Forms:
(a)
FORM 4003.5A Defendant's Request to Plaintiff for Production of Expert Reports
[CAPTION]
DEFENDANT'S REQUEST TO PLAINTIFF FOR PRODUCTION OF EXPERT REPORTS TO: _________________
FROM: _________________
Pursuant to Local Rule 4003.5 you are requested within one hundred and eighty (180) days of service of this request to furnish me expert reports summarizing the expert testimony that you will offer to support the claims of professional negligence or product liability that you have made against me. You shall serve copies of all expert repots on all other parties.
DATED:______ _________________
ATTORNEY FOR DEFENDANT(b)
FORM 4003.5B Plaintiff's Request to Defendant or Additional Defendant for Production of Expert Reports
[CAPTION]
PLAINTIFF'S REQUEST TO DEFENDANT OR ADDITIONAL DEFENDANT FOR PRODUCTION OF EXPERT REPORTS TO: _________________
FROM: _________________
I have furnished you expert reports summarizing the expert testimony that I will offer to support the claims of professional negligence or product liability that I have made against you.
Pursuant to Local Rule 4003.5, you are requested within sixty (60) days of service of this request to furnish me expert reports summarizing the expert testimony that you will offer to support your defenses top the claims of professional negligence or product liability that I have raised against you.
If you have raised claims against other parties pursuant to Pa.R.C.P. 2251 et seq. (Joinder of Additional Defendants), your expert reports shall also summarize the expert testimony that you will offer in support of these claims against those other parties.
You shall serve copies of all expert reports on all other parties.
DATED:______ _________________
ATTORNEY FOR PLAINTIFF(c)
FORM 4003.5C Defendant's or Additional Defendant's Request to Other Defendant or Additional Defendant for Production of Expert Reports
DEFENDANT'S OR ADDITIONAL DEFENDANT'S REQUEST TO OTHER DEFENDANT OR ADDITIONAL DEFENDANT FOR PRODUCTION OF EXPERT REPORTS TO: _________________
FROM: _________________
I have furnished you expert reports summarizing the expert testimony that I will offer to support the claims that I have raised against you pursuant to Pa.R.C.P. 2251 et seq (Joinder of Additional Parties).
Pursuant to Local Rule 4003.5, you are requested with sixty (60) days to furnish me expert reports summarizing the expert testimony that you will offer to support your defenses to my claims against you and to support any claims you have raised against me pursuant to Pa.R.C.P. 2251 et seq.
If you have raised claims against other parties pursuant to Pa.R.C.P. 2251 et seq., your expert reports will also summarize the expert testimony that you will offer in support of your claims against these other parties.
You shall serve copies of all expert reports on all other parties.
DATED:______ _________________
ATTORNEY FOR DEFENDANT(d)
FORM 4003.5D Plaintiff's Praecipe Requesting that the Case be Placed on the Next Available Trial List
[CAPTION]
PLAINTIFF'S PRAECIPE REQUESTING THAT THE CASE BE PLACED ON THE NEXT AVAILABLE TRIAL LIST This is a professional negligence or product liability case. I have furnished to the other parties expert reports summarizing all expert testimony that plaintiff will offer to support his or her claims of professional negligence or product liability. Pursuant to Local Rule 4003.5(7)(a), I request that the court list this case for trial on the next available trial list.
If it is anticipated that this case will take more than ten days to try, I have sent a letter to the Complex Case Judge (with copies to all other counsel) stating that I have requested that this case be listed for trial on the next trial list pursuant to Local Rule 4003.5(7)(a), that this case cannot be tried within ten (10) days, and that a pretrial conference should be scheduled.
DATED:______ _________________
ATTORNEY FOR PLAINTIFF
TO BE FILED IN ROOM 734 OF THE CITY COUNTY BUILDING (e)
FORM 4003.5E Plaintiff's Notice of Filing of Praecipe Requesting That the Case Be Placed on the Next Available Trial List
CAPTION
PLAINTIFF'S NOTICE OF FILING OF PRAECIPE REQUESTING THAT THE CASE BE PLACED ON THE NEXT AVAILABLE TRIAL LIST I have filed a praecipe pursuant to Local Rule 4003.5(7)(a) requesting that this product liability or professional negligence case be listed on the next available trial list.
Pursuant to Local Rule 4003.5(7)(a), each other party in the case is hereby given notice that they must within sixty (60) days furnish expert reports summarizing all expert testimony that will be offered by that party to support the defenses to the plaintiff's claims and to support any claims or defenses involving other parties. After sixty (60) days, the right to file additional/supplemental reports is subject to the provisions of Local Rule 4003.5(7)(d).
DATED:______ _________________
ATTORNEY FOR PLAINTIFFLocal Rule 4009.12 Authorizations.
Upon a request for production of documents, plaintiff may either produce the requested records or, if the records are of a type created and maintained by a healthcare provider, furnish written authorization to copy the records of any healthcare provider by whom plaintiff was treated for injuries or disabilities complained of, or prior injuries or disabilities, where the same may be relevant. If a plaintiff provides the records themselves, they shall be produced along with a certification as to completeness or, if not complete, an explanation of what has been deleted or removed.
Note: This procedure is affected by the following opinions: Greynolds v. McAllister, 130 P. L.J. 414 (1982) (Wettick, J.); Talarico v. Montefiore Hospital, 138 P. L.J. 210 (1990) (Wettick, J.); Bowser v. Ryder Truck Rental, Inc., 141 P. L.J. 316 (1993) (Wettick, J.).
LOCAL RULES OF CONDUCT, OFFICE STANDARDS AND CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES Local Magisterial District Judge Rule 409 Writ of Execution. Money Judgment Entered by District Justice.
The agency to be named in the Notice Accompanying Order of Execution of judgments for the payment of money rendered by a Magisterial District Judge pursuant to Pa.R.C.P.M.D.J. 409(6) shall be:
Lawyer Referral Service
Allegheny County Bar Association
11th Floor Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555Local Magisterial District Judge Rule 420 Statement of Objection (''Goods Claim'').
(1) At the same time a Statement of Objection is filed which will be heard by a Board of Arbitrators, and using envelopes provided by the Prothonotary with the Prothonotary's return address, every claimant filing a Statement of Objection shall address an envelope to every party at his or her address as listed on the complaint form filed in the office of the Magisterial District Judge or as otherwise appears in the records of that office, or the attorney of record, if any; or an address as listed in the Prothonotary's records.
(2) The Prothonotary shall select an arbitration hearing date within three to four weeks and inform the claimant of that date by stamping it on a copy of the Statement of Objection.
(3) Using the envelopes addressed by the claimant filing the Statement of Objection under subsection (1) of this local rule, the Prothonotary shall mail by first-class mail to every party a copy of the Statement of Objection which has been stamped with the date, time and place of the arbitration hearings.
(4) Such first-class mailings under subsection (3) of this local rule, when indicated on the record by the Prothonotary, shall operate as service and proof of service. Any returned mail shall be noted on the Court's docket.
Local Magisterial District Judge Rule 1005 Service of Notice of Appeal and Other Papers.
(1) At the same time an appeal is filed and using envelopes provided by the Prothonotary with the Prothonotary's return address, every appellant from a judgment entered by a Magisterial District Judge:
(a) shall address an envelope to every other party at that party's address as listed on the complaint form filed in the office of the Magisterial District Judge or as otherwise appears in the records of that office, or the attorney of record, if any;
(b) shall address an envelope to the Magisterial District Judge in whose office the judgment was rendered; and
(c) shall, if the appellant was a defendant in the action before the Magisterial District Judge, (i) self-address an envelope, to the address used by the appellant for the appeal, and (ii) in addition to the envelopes required by subsection (1)(a) of this local rule, address another envelope to every other defendant, if any, at that defendant's address as it appears in the records of the Magisterial District Judge, or that defendant's attorney of record, if any.
(2) Using the envelopes addressed by the appellant under subsection (1)(a) of this local rule, the Prothonotary shall mail by first-class mail:
(a) to every party other than appellant, (i) a copy of the notice of appeal, and (ii) if any other party was a plaintiff in the action before the Magisterial District Judge, a copy of the rule pursuant to Pa.R.C.P.M.D.J. 1004B, or, if any other party was a defendant in the action before the Magisterial District Judge, a copy of the complaint, with such service and any return being noted on the Court's docket;
(b) to the Magisterial District Judge, a copy of the notice of appeal, with such service and any return being noted on the Court's docket; and
(c) if appellant was a defendant in the action before the Magisterial District Judge, to appellant and any other defendant, a copy of any complaint filed pursuant to a rule to file a complaint, with such service and any return being noted on the Court's docket.
(3) Pursuant to Pa.R.C.P.M.D.J. 1005C, such first-class mailings by the Prothonotary pursuant to this Local Magisterial District Judge Rule shall operate as service and proof of service as required by Pa.R.C.P.M.D.J. 1005A and 1005B.
Local Magisterial District Judge Rule 1008 Appeal as Supersedeas.
In the event the Prothonotary terminates the supersedeas by virtue of the failure of the appellant to make the payments into Court when and as required, the Prothonotary, upon praecipe of the party on whose behalf the Magisterial District Judge entered the judgment for possession, shall issue a Certificate of Termination of the Supersedeas which will evidence the termination of the supersedeas when received by the Magisterial District Judge.
Local Magisterial District Judge Rule 10011 Writ of Certiorari.
(1) At the same time a praecipe for a writ of certiorari is filed and suing envelopes provided by the Prothonotary with the Prothonotary's return address, every party filing a praecipe:
(a) shall address an envelope to every other party at his or her address as listed on the complaint form filed in the office of the Magisterial District Judge or as otherwise appears in the records of that office, or the attorney of record, if any;
(b) shall address an envelope to the Magisterial District Judge in whose office the judgment was rendered; and
(c) shall self-address an envelope.
(2) Using the envelopes addressed by the party filing the praecipe under subsection (1) of this local rule, the Prothonotary shall mail by first class mail:
(a) to every party other than the party filing the praecipe, a copy of the write of certiorari, and
(b) to the Magisterial District Judge to whom it is directed, a copy of the writ of certiorari.
(3) Such first-class mailings under subsection (2) of this local rule, when indicated on the record by the Prothonotary, shall operate as service and proof of service as required by Pa.R.C.P.M.D.J. 1011B and 1011C. Any returned mail shall be noted on the Court's docket.
(4) Upon receipt of the record, the Prothonotary shall notify the filing party, using the self-addressed envelope, to file its specification of errors.
(5) The party filing the praecipe is responsible for scheduling an argument date with the Arbitration Office, 536 Courthouse, 436 Grant Street, and notifying the other parties of the argument date before the Special Motion's Judge.
[Pa.B. Doc. No. 06-2149. Filed for public inspection November 3, 2006, 9:00 a.m.]
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