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PA Bulletin, Doc. No. 08-785

THE COURTS

Title 255--LOCAL
COURT RULES

LYCOMING COUNTY

Amendments to Rules of Civil Procedure; Doc. No. 08-00685

[38 Pa.B. 1931]
[Saturday, April 26, 2008]

Order

   And Now, this 25th day of March, 2008, it is hereby Ordered and Directed as follows:

   1.  Lycoming County Rules of Civil Procedure L205.2, L208.3, L212, L1301 and L1308 and are revised as indicated on the following. (New language is bolded; removed language is bolded and bracketed.)

   2.  The Prothonotary is directed to:

   a.  File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts.

   b.  Forward two (2) certified copies of this order and a computer disk to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   c.  Forward one (1) certified copy of this order to the Pennsylvania Civil Procedural Rules Committee.

   d.  Forward one (1) copy of this order to the Lycoming Reporter for publication therein.

   e.  Forward one (1) copy to the chairman of the Lycoming County Customs and Rules Committee.

   f.  Keep continuously available for public inspection copies of this order.

   3.  The rule revisions approved by this order shall become effective 30 days after publication in the Pennsylvania Bulletin.

By the Court,

KENNETH D. BROWN,   
President Judge

L205.2. Filing Legal Papers with the Prothonotary.

   (a)  Size of Paper. All pleadings, motions, petitions, briefs, and other legal documents filed with the prothonotary shall be on paper size 8 1/2 inches by 11 inches, unless otherwise required by rule or order of court. Any document more than three pages in length may be printed on both sides of the paper.

   (b)  . . .

   A.  . . .

   B.  Motion Cover Sheet. The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, preliminary objection, exception, or stipulation, that the filing party desires to bring before the court or family court hearing officer, except a motion for a continuance (see rule L205.2(b)c regarding continuance) and exceptions to a Family Court Order (see Rule L1910.12 regarding exceptions).

   Note: The use of this cover sheet is also required in orphans' court; see, Lyc. Co. O.C.R. L3.4.

   1.  A cover sheet substantially in the form set forth in subsection 7 of this section shall be attached to the front of every request for a court order to which this rule applies. [, with the exception of any] Any request for relief on the front of which an applicable Pennsylvania Rule of Civil Procedure requires a specific order or notice to be attached shall include that order or notice directly following the cover sheet.

L208.3 Motions. Procedures. Briefs.

   (a)  Motion procedure.

   A.  . . .

   B.  Briefs. Briefs may be ordered by the court and, if so ordered, the time for filing will be set forth on the executed motion cover sheet. If briefs are ordered, the original and [two copies] one copy shall be filed with the prothonotary, who shall forward [them] the copy to the judge. All parties shall be served with a copy of the brief contemporaneously with the filing of the brief. Where briefs are required and are not timely filed, the court may treat the request for relief as having been submitted by the defaulting party and proceed ex parte, or impose such other sanction as it shall deem appropriate.

   . . .

L212. Pretrial Conferences and Trial Scheduling.

   A.  . . .

   B.  Pretrial Conferences.

   1.  . . .

   2.  Not less than seven days before the date set for the pretrial conference, each party shall file the original and [two copies] one copy of the pretrial statement and serve a copy on all other parties. The prothonotary shall forward the [two copies] copy to the trial judge as soon as possible.

L1301. Compulsory Arbitration.

   A.  [Compulsory arbitration of matters as authorized] All civil cases that fall within the jurisdictional limits set by Section 7361 of the Judicial Code, 42 Pa.C.S. [Section 101, et seq. shall apply to all civil cases which are at issue wherein the amount in controversy (exclusive of interest and costs) shall be Twenty-Five Thousand Dollars ($25,000) or less, including appeals from a civil judgment of a district justice, except those involving title to real estate or actions in equity. Such actions] § 7361, shall be submitted to [and heard by a board of] compulsory arbitration [consisting], in accordance with the provisions of [three attorneys] Section 7361. The amount in controversy generally will be determined from the pleadings [or by an agreement of reference filed by the attorneys]. [However, the] The court on its own motion, or on the motion of any party may, based upon affidavits, depositions, stipulation of counsel or after hearing, determine that the amount actually in controversy does not exceed [twenty-five thousand Dollars ($25,000) and] the jurisdictional amount for arbitration and may enter an order [certifying] submitting the case to [a board of arbitration. In the event that a case within arbitration limits is consolidated with a case involving more than arbitration limits after the former has been referred to a board of arbitrators, the order of consolidation will remove the same from the jurisdiction of the board of arbitrators] compulsory arbitration.

   B.  . . .

L1308. Compensation for Arbitrators.

   A.  Each of the three members of an arbitration panel shall receive compensation in the amount of [$100.00] $200.00 per case for which the member serves as an arbitrator. A substitute arbitrator who does not serve shall receive $50.00.

   B.  Each arbitrator shall be entitled to receive additional compensation at the rate of [twenty-five ($25.00) dollars] $50.00 per hour in any case in which the actual time spent in the hearing exceeds three and one-half (3 1/2) hours.

   C.  . . .

   D.  . . .

[Pa.B. Doc. No. 08-785. Filed for public inspection April 25, 2008, 9:00 a.m.]


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