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PA Bulletin, Doc. No. 07-431

THE COURTS

LUZERNE COUNTY

Order Amended Rule of Civil Procedure 206.4(C); No. 1707/07

[37 Pa.B. 1215]
[Saturday, March 17, 2007]

Order

   Now, this 23rd day of February, 2007, Luzerne County Rules of Civil Procedure are hereby revised as follows:

   1.  Luzerne County Rule of Civil Procedure 206.4(c) is hereby amended as provided in the following copy of the same.

   2.  It is further ordered that the Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee, one (1) certified copy to the Criminal Procedural Rules Committee, once (1) certified copy to the Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue.

   3.  It is further ordered that the effective date of this order shall be effective immediately after the date of publication in the Pennsylvania Bulletin.

   4.  It is further ordered that these local rules shall be kept continuously available for public inspection and copying in the Prothonotary's Office and the Clerk of Court's Office.

By the Court

MARK A. CIAVARELLA, Jr.,   
President Judge

L.R.CIV.P.206.4(c) Procedure for Issuance of Rule to Show Cause. Issuance as of Course. Discretionary Issuance.

   (A)  Procedure for Issuance of Rule to Show Cause. Issuance As of Course.

   (1)  With the exception of those matters governed by sub-section (B) of this Local Rule, a party seeking a Rule to Show Cause shall present the same along with the underlying Motion/Petition, a comprehensive Brief in Support and Proposed Order, to the Office of Court Administration.

   (2)  There is no requirement to present a Rule to Show Cause under this subsection to Motions Court, except matters governed by subsection (B).

   (3)  The Court Administrator will assign a return date for the Rule to Show Cause, no less than 20 days, in accordance with internal operating procedures of the Court of Common Pleas and issue the Rule to Show Cause.

   (4)  Upon issuance of the Rule to Show Cause, the moving party shall follow the procedures outlined in subsection (C) of this Local Rule.

   (5)  The Office of Court Administration is HEREBY AUTHORIZED to sign and schedule Rules to Show Cause subject to this subsection as part of their administrative duties and this action shall carry the same force and effect as if it was Ordered directly by this Court.

   (B)  Procedure for Issuance of Rule to Show Cause. Discretionary Issuance. (Immediate Relief/Stay)

   (1)  Where the moving party is seeking immediate relief in addition to the issuance of the Rule to Show Cause and/or where the relief requested has the effect of a Stay of Proceedings pending the resolution of the matter subject to the Rule to Show Cause, a party seeking the same shall present the Rule to Show Cause along with the underlying Motion/Petition, a comprehensive Brief in support and Proposed Order, to Motions Court for consideration.

   (i)  Motions Court is held Monday through Friday 8:30 am to 9:15 am, with the exception of legal holidays.

   (ii)  The assignment of a Judge of the Court of Common Pleas to Motions Court is made on a rotating basis and available at the Office of Court Administration.

   (2)  If the Motions Court Judge issues the Rule to Show Cause, the moving party shall:

   (i)  Serve a time-stamped copy of the executed Rule to Show Cause, the underlying Motion/Petition, the comprehensive Brief in Support and Proposed Order upon the Court Administrator, who will assign a return date for the Rule to Show Cause no less than 20 days in accordance with internal operating procedures of the Court of Common Pleas.

   (3)  Upon issuance of the Rule to Show Cause, the moving party shall follow the procedures outlined in subsection (C) of this Local Rule.

   (C)  Procedure Upon the Issuance of A Rule To Show Cause.

   (1)  Once a Rule to Show Cause has been issued and a return date has been assigned, the moving party shall file the executed Rule to Show Cause indicating the assigned return date, the underlying Motion/Petition, the comprehensive Brief in Support and Proposed Order with the Prothonotary and shall immediately serve a time-stamped copy of the aforementioned upon all opposing parties and the Office of Court Administration.

   (2)  Within (15) days of service of the Rule to Show Cause, Motion/Petition, Brief in Support and Proposed Order, the opposing party must file an Answer and a comprehensive Brief in Opposition with the Prothonotary and immediately serve the same upon all parties and the Office of Court Administration.

   (3)  If the moving party fails to file a comprehensive Brief in Support as required by this Rule, the opposing attorney must present a Motion to Dismiss to Motions Court for dismissal of the matter.

   (4)  Service shall be made immediately after filing by delivering a copy or by mailing a copy of the party's counsel of record or where the party is unrepresented, to that party either personally or at the party's last known address.

   (5)  Proof of Service shall be filed and shall be by written acknowledgment of service, by affidavit of the person making service or by certification of counsel.

[Pa.B. Doc. No. 07-431. Filed for public inspection March 16, 2007, 9:00 a.m.]


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