THE COURTS
CRAWFORD COUNTY
Modification of a Local Civil Rule of Procedure and the Rescinding of a Local Civil Rule of Procedure; No. AD 2014 621
[44 Pa.B. 6089]
[Saturday, September 27, 2014]
Order And Now, September 5, 2014, it is Ordered and Decreed that Cra.R.C.P. L212.1(5) is modified to include additional paragraphs adopted this date the language of which follows to be effective January 1, 2015 and is further modified to include Exhibit L212.1(5)(A) and Exhibit L212.1(5)(B).
Further, Cra.R.C.P. L230.2 regarding termination of inactive cases is rescinded in light of the fact Pa.R.C.P. 230.2 was suspended by the Pennsylvania Supreme Court as of April 23, 2014 and further, in light of the fact this Court will be following the procedures set forth in Pa.R.J.A. No. 1901 and Cra.Rule LJA1901 for termination of inactive cases.
The District Court Administrator is Ordered and Directed to:
1. Provide one certified copy of the local rule changes to the Administrative Office of Pennsylvania Courts.
2. Provide two (2) certified copies of the local rule changes and a computer diskette containing the text of the local rule changes to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin in a manner that complies with the requirements of 1 Pa. Code § 13.11(b).
3. Provide one (1) certified copy of the local rule changes to the Supreme Court of Pennsylvania Civil Procedural Rules Committee.
4. Make the local rule continuously available for public inspection and copying in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rules.
5. Provide one (1) certified copy of the local rule changes to the Crawford County Law Library.
6. Keep such local rule changes, as well as all local civil rules available for the public on the Crawford County website at www.crawfordcountypa.net.
By the Court
ANTHONY J. VARDARO,
President JudgeCra.R.C.P. L212.1(5) modification and added paragraphs
(5) Status Conferences
(a) Status conferences may be ordered by the Court on its own or upon written motion of a party, which motion shall set forth reasons in support of a request for a status conference. The Court may enter appropriate orders at the conclusion of the status conference.
(b) The Prothonotary in conjunction with the District Court Administrator shall enter an ''Order Setting Mandatory Status Conference for Docket Inactivity'' for the Court scheduling a mandatory status conference for any case for which there has been no docket activity for a period of 90 consecutive days. The order shall be in a form consistent with Exhibit L212.1(5)(A).
Each counsel of record or any party for which there is not counsel of record shall be given at least thirty (30) days written notice of the mandatory status conference in a manner consistent with Pa.R.Civ.P. 440 and Rule L440.
The Prothonotary shall not be required to schedule a mandatory status conference pursuant to this Rule for any case that is pending for termination pursuant to Cra.Rule LJA1901.
At least ten (10) days prior to the scheduled mandatory status conference, a party may file a ''Motion for Cancellation of Mandatory Status Conference'' in a form consistent with Exhibit L212.1(5)(B) which shall include a certification consistent with Exhibit 208.3(a) of the Local Rules that notice has been provided to all other parties through counsel of record or directly to any party that is unrepresented.
The Prothonotary, upon receiving any such ''Motion for Cancellation of Mandatory Status Conference'' shall promptly transmit that motion to the Court for consideration as to whether the mandatory status conference shall be cancelled by an Order of the Court.
If the Court enters an order cancelling a mandatory status conference pursuant to a ''Motion for Cancellation of Mandatory Status Conference'' any other party may move to reschedule that mandatory status conference in a manner consistent with Cra.R.C.P. L208-3a.
Exhibit L212.1(5)(A)
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
Civil Action—Law
: Plaintiff : : vs. : A.D. No. : : Defendant :
ORDER SETTING MANDATORY STATUS CONFERENCE FOR DOCKET INACTIVITY AND NOW, this ______ day of ______ , 20 __ , consistent with Cra.R.C.P. L212.1(5)(b) a mandatory status conference is set for the ______ day of ______ , 20 __ at ______ o'clock, ____ .M., in Courtroom No. ____ of the Crawford County Courthouse.
Counsel of record for each party and any unrepresented parties shall be prepared at the mandatory status conference to indicate how they intend to promptly move this case forward to allow trial to occur as quickly as possible.
FOR THE COURT
_________________
Exhibit L212.1(5)(B)
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
Civil Action—Law
: Plaintiff : : vs. : A.D. No. : : Defendant :
MOTION FOR CANCELLATION OF MANDATORY STATUS CONFERENCE AND NOW, this ______ day of ______ , 20 __ , ______ moves to cancel the mandatory status conference scheduled in this matter for the _____ day of ______ , 20 __ , at _____ o'clock, ____ .M., in Courtroom No. _____ of the Crawford County Courthouse for the following reason(s):
[ ] 1. There has been ongoing active discovery in this case during the past 90 days, the pleadings are closed and a party has provided notice that discovery must be completed within 75 days pursuant to Cra.R.C.P. L212.1(4)(a). It is anticipated that a certificate of readiness pursuant to Cra.R.C.P. L212.1(4)(b) will be filed on or before the _____day of ______ , 20 __ .
[ ] 2. All pleadings are closed, discovery has been completed and a certificate of readiness has been filed so that this matter is currently scheduled for trial during the ______ term of civil court.
[ ] 3. The parties are awaiting a determination by the Court on a motion for _________________ , which was submitted to the Court for disposition on the ______ day of ______ , 20 __ .
[ ] 4. The only active matter at this docket number is a child custody case and the parties are currently satisfied with the existing custody order so there has been no recent docket activity.
[ ] 5. (Please state any other reason for docket inactivity)
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________[ ] 6. While there has been no activity in this case for the last 90 days, the following activity has begun to occur or will be occurring so that this case is moved forward promptly to trial.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
______________________________________________________________________________________
Attorney for ____________
[Pa.B. Doc. No. 14-1992. Filed for public inspection September 26, 2014, 9:00 a.m.]
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