THE COURTS
LUZERNE COUNTY
Order Adopting Rule 1038; Amending Rules 1301 and 1308 and Adopting Rule 1311; Rules of Civil Procedure; No. 8804 of 2008
[38 Pa.B. 3791]
[Saturday, July 12, 2008]
Order Now, this 25th day of June, 2008, the Court hereby adopts Luzerne County Rule of Civil Procedure 1038, amends Luzerne County Rules of Civil Procedure 1301 and 1308 and adopts Luzerne County Rule of Civil Procedure 1311, in the attached form, effective immediately.
It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Order and the following Rules, along with a diskette to the Administrative Office of Pennsylvania Courts, two (2) certified copies of this Order and the following Rules along with a diskette 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 Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue.
It is further ordered that these local rules shall be kept continuously available for public inspection and copying in the Prothonotary's Office.
By the Court
MARK A. CIAVARELLA, Jr.,
President JudgeRule 1038. Trial without a Jury.
Appeals From Tax Assessments of Real Estate.
The following provisions shall govern trial of appeals from tax assessments of real estate:
1. The court shall refer trial of all tax assessment appeals to a special master for trial without a jury.
2. Conciliation.
(a) All appeals shall be conciliated before trial by a special master assigned thereto.
(b) At the time of conciliation, all parties or their counsel shall be present with full authority to effectuate a settlement of the appeal. Note: Parties and counsel are advised to pay particular attention to the notice of conciliation. In appropriate cases, the conciliation and trial may be scheduled on the same day. In such instances, the parties must appear at the conciliation ready to move directly into trial if the conciliation does not result in settlement.
(c) If any party fails to comply with the provisions of this local rule, the special master may include in the report a recommendation for the imposition of appropriate sanctions, including but not limited to, attorneys' fees and costs against the party or parties failing to comply.
3. Pre-Trial Statement.
a. Sixty days prior to the date scheduled for conciliation of tax assessment appeal, the appellant shall distribute to all counsel of record, or if counsel have not entered an appearance, on the party(ies), and to the special master assigned to the case a pre-trial statement. The pre-trial statement shall incorporate the following:
(i) a description of the user of the real estate and the nature of the real estate.
(ii) a list of all persons who will give testimony in the trial of this appeal.
(iii) a list of all exhibits which the party intends to use at trial.
(iv) any report, including without limitation an expert report or appraisal, of any person or entity who has been retained, employed, or consulted by the parties, who will give testimony in the trial of this appeal.
b. Twenty days prior to the date scheduled for conciliation of a tax assessment appeal, the appellee(s) shall distribute to all counsel of record, or if counsel have not entered an appearance, on the party(ies), and to the special master assigned to the case a pre-trial statement. The pre-trial statement shall incorporate the following information or documents:
(i) a description of the use of the real estate and the nature of the real estate.
(ii) a list of all persons who will give testimony in the trial of this appeal.
(iii) a list of all exhibits which the party intends to use at trial.
(iv) any report, including without limitation an expert report or appraisal, of any person or entity who has been retained, employed, or consulted by the parties, who will give testimony in the trial of this appeal.
c. All interested parties whose interests are aligned with the appellant shall distribute their Pre-Trial Statement in accordance with subsection (a) herein. All interested parties whose interests are aligned with the appellee(s) shall distribute their Pre-Trial Statement in accordance with subsection (b) herein.
d. The failure to comply with subsections (a), (b) and (c) of this local rule shall result in appropriate relief, which may include the exclusion or limitation at trial of testimony or evidence which was not provided in the pre-trial statement or a recommendation for the imposition of attorneys' fees and costs against the party or parties failing to comply.
4. Trial.
a. The special master shall schedule a trial and shall provide notice of the trial to all party(ies) and/or counsel of record.
b. The trial shall be open to the public and recorded by a court reporter.
c. The special master, in the discretion of the special master, may continue the trial.
5. Report.
Following the trial, the special master shall file a written report and recommendation which may be in narrative form stating the reasons for the recommendations and shall include a proposed final order. The special master shall serve a copy of the report and recommendation on all counsel of record or the party(ies), if not represented, by first class United States mail and the court administrator.
6. Objections.
The parties shall file objections, if any, to the report and recommendation in writing within twenty days of the date of mailing of the report and recommendation by the special master. Objections must be accompanied by a certification of counsel that the trial transcript, or necessary portions thereof, has been ordered from the court reporter. Copies of the objections and certification shall be served on all counsel of record or if counsel have not entered their appearance on the party(ies), the special master and the court administrator.
7. Briefs on Objections.
Within twenty days of the date on which the transcript is filed of record, the moving party shall file a brief in support of objections and shall serve a copy on all counsel of record or if counsel have not entered their appearance on the party(ies) and the court administrator. The brief in support of objections shall refer to transcript page numbers where possible. The moving party's failure to file a brief in support of objections shall constitute a waiver of all issues which could have been raised therein.
8. Opposing Briefs.
Within twenty days after the moving party has filed a brief in support of objections, responding parties shall file their briefs in opposition to objections and serve a copy on all counsel of record or if counsel have not entered their appearance, on the party(ies), and the court administrator.
9. Oral Argument.
After the date set for briefs in opposition to objections has passed, the moving party shall notify the court administrator that the matter is ripe for argument by filing a notice that matter is ripe for oral argument with the court administrator on the civil argument request form which shall be made available at the court administrator's office. The moving party shall serve a copy of this notice on all counsel of record or if counsel have not entered their appearance on the party(ies). Upon the filing of this notice, the court shall schedule oral argument.
10. Final Order.
Following oral argument the court may enter an appropriate final order. In the event that none of the parties file objections as described above to the report and recommendation, the court shall enter a final order consistent with the report, recommendation and proposed final order submitted by the special master.
Rule 1301. Arbitration. Scope.
The following civil actions shall first be submitted to compulsory arbitration and heard by a board of arbitrators:
(a) All appeals to court from tax assessments of real estate.
(b) All other civil actions and actions in replevin in which the amount in controversy, exclusive of interest and costs, is Fifty Thousand ($50,000.00) Dollars or less shall be submitted to and heard and decided by a Board of Arbitrators pursuant to and in accordance with the provisions of 42 Pa.C.S. § 7361 and Pa.R.C.P. 1301 et seq.
[Rule 1308. Appeal--Praecipe for Trial List
Appeals from an award of the board of arbitrators shall be ordered on the trial list on praecipe of either party.]
Rule 1308. Appeal from Award of Arbitrators. Tax Assessments. Notice.
(b) In addition to the requirements of Pa.R.C.P. 1308(b), the appellant shall also provide the Prothonotary with a copy of the required notice of appeal from award of arbitrators in a tax assessment appeal for service by the Prothonotary upon the court administrator.
Rule 1311. Procedure On Appeal.
(1) The court shall refer an appeal of an award of arbitrators in a tax assessment appeal to a special master for conciliation and a trial de novo, if necessary, pursuant to Luzerne County Rule of Civil Procedure 1038.
(2) Appeals from an award of the board of arbitrators, except as set forth in paragraph 1 hereof, shall be ordered on the trial list on praecipe of any party.
[Pa.B. Doc. No. 08-1286. Filed for public inspection July 11, 2008, 9:00 a.m.]
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