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PA Bulletin, Doc. No. 09-292

THE COURTS

Title 252--ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Rules of the Court of Common Pleas; Rules Doc. No. DJ-2009-3; No. RD-2009-1 PJ

[39 Pa.B. 994]
[Saturday, February 21, 2009]

Order of Court

   And Now, to-wit, this 30th day of January, 2009, pursuant to action of the Board of Judges, the within new local Rule 1901.1: Magisterial District Courts: Termination of Inactive Summary Cases is adopted, effective thirty (30) days after Publication in the Pennsylvania Bulletin.

By the Court

HONORABLE DONNA JO MCDANIEL,   
President Judge

Rule 1901.1. Magisterial District Courts: Termination of Inactive Summary Cases

   (a)  Prior to June 30th of every calendar year, each magisterial district court of the Fifth Judicial District shall prepare and submit to the District Court Administrator a list of every summary case filed with the magisterial district court wherein:

   (1)  the docket discloses that there has been no action or proceeding other than the filing of a not found return on a warrant for a continuous period of three (3) years or more; and

   (2)  the docket discloses that there is no case balance, as no monetary funds were ever received as collateral or partial payment of fines, costs or restitution.

   (b)  Each case entered on the list shall include the case caption, docket number and charge.

   (c)  Upon receipt of a summary case list, the District Court Administrator, with the approval of the President Judge, shall cause the list to be published, pursuant to All.C.R.Crim.P. 114.1, on two (2) separate dates, with a notice of the President Judge's intention to dismiss the listed cases due to inaction thirty (30) days from the final publication, and that a party to a listed case may file, at the Minor Judiciary Docket, in the Department of Court Records, Civil Division, written objection to termination of a case, setting forth good cause as to why the case should not be dismissed.

   (d)  Each magisterial district judge shall notify the District Court Administrator, in writing, of any case wherein action has transpired to bring the prosecution to a conclusion from the time of submitting the list to the District Court Administrator and the set date for dismissal so that such case may be deleted from the list.

   (e)  The President Judge shall make a ruling as to any written objection to the termination filed before the set date for dismissal.

   (f)  On the set date of dismissal, the President Judge shall enter an order of court setting forth and dismissing such summary cases submitted by the magisterial district court for which no good cause was demonstrated nor action taking place to bring the prosecution to a conclusion.

   (g)  A copy of the Court's order will be forwarded to the magisterial district court and said court shall make the following entry on the respective docket for each dismissed case: ''Dismissed--Local Rule 1901.1'' and place a copy of the Court's order in the magisterial district court file.

   (h)  The District Court Administrator shall file proofs of notice by publication and court orders at the Minor Judiciary Docket.

   (i)  Any matter terminated after notice by publication may be reinstated by the President Judge after dismissal upon written application for good cause shown unless such application is filed after the documents relating to the matter have been disposed of pursuant to applicable record retention schedule established by or pursuant to law.

   Comment: Nothing in this rule is intended to preclude a magisterial district court from providing a list to an affiant of the affiant's inactive cases to facilitate prompt disposition of summary cases prior to the magisterial district court seeking termination pursuant to this rule.

[Pa.B. Doc. No. 09-292. Filed for public inspection February 20, 2009, 9:00 a.m.]


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