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PA Bulletin, Doc. No. 10-1579

THE COURTS

LACKAWANNA COUNTY

Repeal and Adoption of Rules of Civil Procedure; No. 94 CV 102

[40 Pa.B. 4924]
[Saturday, August 28, 2010]

Order

 And Now, this 2nd day of August, 2010, it is hereby Ordered and Decreed that the following Lackawanna County Rules of Civil Procedure are amended as follows:

 1. Lacka. Co. R.C.P. 214 is amended to include paragraph (d) as reflected in the following Rule. The amended language of Local Rule 214(d) appears in bold face for ease of reference;

 2. New Lacka. Co. R.C.P. 2206 is adopted as reflected in the following Rule. The new language of Local Rule 2206 appears in bold face for ease of reference;

 3. Pursuant to Pa. R.C.P. 239(c)(2)—(6), the following Local Rules shall be disseminated and published in the following manner:

 (a) Seven (7) certified copies of the following Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;

 (b) Two (2) certified copies of the following Local Rules and a computer diskette containing the text of the attached Local Rules in Microsoft Word format and labeled with the court's name and address and computer file name shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 (c) One (1) certified copy of the attached Local Rules shall be filed with the Civil Procedural Rules Committee;

 (d) The following Local Rules shall be kept continuously available for public inspection and copying in the Office of the Clerk of Judicial Records, Civil Division, and upon request and payment of reasonable costs of reproduction and/mailing, the Clerk of Judicial Records shall furnish to any requesting person a copy of the requested Local Rule(s); and

 (e) A computer diskette containing the text of the following Local Rules in Microsoft Word format and labeled with the court's name and address and computer file name shall be distributed to the Lackawanna Bar Association for publication on the web site of the Lackawanna Bar Association.

 4. The following amendment to Lackawanna County R.C.P. 214 and the adoption of new Lackawanna County R.C.P. 2206 shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin pursuant to Pa. R.C.P. 239(d).

By the Court

CHESTER P. HARHUT, 
President Judge

Rule 214. Listing Cases for Hearing or Trial.

 (a) The Court Administrator shall assign a case for hearing or trial upon the filing of a Certificate of Readiness in the form attached to the Appendix of these Local Rules as Form 7. The Certificate of Readiness should identify the judge who has decided any case dispositive motion under Lacka. Co. R.C.P. 1028, 1034 or 1035.2, and whenever practicable, the Court Administrator shall assign the case for hearing or trial to the judge who has decided that case dispositive motion.

 (b) No Certificate of Readiness may be filed until all discovery in the case has been completed and all depositions for use at trial have been scheduled or completed. Nor may a Certificate of Readiness be filed if any case dispositive motion is pending for disposition by the court. The filing of a Certificate of Readiness shall constitute a verification that no case dispositive motions are pending nor does any party or attorney contemplate filing such a case dispositive motion.

 (c) No party or lawyer may file more than one Certificate of Readiness on any single day.

 (d) At least fifteen (15) days prior to the filing of a Certificate of Readiness, the party or lawyer seeking to certify the case for trial must advise all counsel of record and self-represented parties of the intention to file a Certificate of Readiness. If no counsel or party objects to the filing of a Certificate of Readiness within that fifteen (15) day period, the Certificate of Readiness may be filed as provided by paragraphs (b) and (c) above. In the event thatan attorney or party objects to the filing of a Certificate of Readiness, and the attorney or party seeking to certify the case for trial believes that the objection is frivolous or being asserted for an improper purpose such as to unnecessarily delay the disposition of the litigation, the attorney or party seeking to certify the case for trial shall present a motion to the Motion Court judge pursuant to Lacka. Co. R.C.P. 208.3(a) requesting leave of court to file a Certificate of Readiness over the objection of the opposing party or counsel.

Rule 2206. Court Approval of Distribution of Proceeds.

 Whenever any sum of money is to be paid to the plaintiff in settlement of claims or satisfaction of a verdict or judgment in an action for damages under the Wrongful Death Act, 42 Pa.C.S. § 8301, and the Survival Act, 42 Pa.C.S. § 8302, the plaintiff shall present a motion for approval of the proposed distribution of proceeds pursuant to the procedure set forth in Lacka. Co. R.C.P. 208.3(a). The motion shall include, inter alia, the proposed allocation of the proceeds between the wrongful death and survival claims and shall attach correspondence or some other form of documented communication from the Pennsylvania Department of Revenue confirming that it does not object to the proposed apportionment of the proceeds between the wrongful death claim and the survival claim.

[Pa.B. Doc. No. 10-1579. Filed for public inspection August 27, 2010, 9:00 a.m.]


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