THE COURTS
Title 255—LOCAL
COURT RULES
HUNTINGDON COUNTY
Adoption of Local Rule Hunt.Co.R.C.P. 205; No. CP-31-MD-214-2014; AO No. 6-2014
[44 Pa.B. 7439]
[Saturday, November 29, 2014]
Administrative Order of Court And Now, this 7th day of November, 2014, Local Civil Rule of Court 205 is hereby Adopted and shall be referenced as Hunt.Co.R.C.P. 205. It is Ordered that in compliance with Pa.R.C.P. 239:
1. The Huntingdon County District Court Administrator shall file one certified copy of the Rule with the Administrative Office of Pennsylvania Courts;
2. The Huntingdon County District Court Administrator shall distribute two certified copies and a computer diskette containing the text of the Rule to the Legislative Reference for publication in the Pennsylvania Bulletin.
3. The Huntingdon County District Court Administrator shall file one certified copy of the Rule with the Civil Procedural Rules Committee.
4. The Huntingdon County Prothonotary shall ensure that the Rule is continuously available for public inspection in the office of Prothonotary.
5. This rule shall become effective not less than 30 days after the date of publication in the Pennsylvania Bulletin.
By the Court
GEORGE N. ZANIC,
President JudgeHunt.Co.R.C.P. 205. Civil Case Management.
1. The Huntingdon County Civil Case Management Plan.
(a) Cases Subject to the Plan.
The plan outlined in this rule will govern the progress of all civil cases from the initiation of the case until the termination of said case. Family Court cases are not covered by this plan.
(b) Case Tracks.
Utilizing the criteria set forth below, all civil cases shall be assigned to one of the following case tracks: Expedited, Standard or Complex. The case management rules that govern each track are as follows:
(i) Expedited Case Track.
A case will be assigned to the Expedited track, unless otherwise requested by counsel, if, by its nature, it appears it is a case that can be promptly tried. The following case types are examples: mortgage foreclosures; writ of replevin cases; and arbitration appeals. Except in extraordinary circumstances, the Court will schedule a trial of all Expedited cases within six (6) months after the initial Date of Service. The trial date shall be set by the Court at the first status conference.
(ii) Standard Case Track.
All cases not designated Expedited or Complex will be assigned to the Standard case track. Except in extraordinary circumstances, the Court will schedule a trial of all Standard cases within twelve (12) months after the initial Date of Service. The trial date shall be set at the first status conference.
(iii) Complex Case Track.
A case will be assigned to the Complex track, unless otherwise requested by counsel, if it appears likely to require a disproportionate expenditure of court and litigant resources before and during trial by reason of the number of parties involved, the number of claims and defenses raised, the legal difficulty of the issue(s) presented, the factual difficulty of the subject matter or a combination of these or other factors. Except in extraordinary circumstances, the Court shall schedule a trial date for all Complex cases within twenty-four (24) months after the initial Date of Service. The trial date shall be set at the initial status conference.
(c) Initial Scheduling Order.
(i) The Plaintiff/Plaintiff's attorney shall complete and file an Initial Case Monitoring Notice and Order, attached hereto as Exhibit Hunt.Co.R.C.P. 205, within five (5) days after service of the complaint. A copy shall be served on the DCA.
(ii) The case will be scheduled by the DCA for a status conference.
(d) Status and Pre-Trial Conferences.
(i) Status Conferences.
A Status Conference shall be scheduled in every case. The date on which the conference is scheduled will be dependent on the track the case is assigned. At a Status Conference, the Court will issue any Order that it deems necessary to address the following issues: status of the case; discovery; pre-trial motions; possible alternative dispute resolution; possible trial dates; any other relevant matters, and the date for a pre-trial Conference.
(ii) Pre-trial Conferences.
A pre-trial Conference shall be scheduled in every case. The purpose of the conference shall be to address the matters set forth in Pa.R.C.P. 212.3. The parties shall file not later than ten days before the conference a pre-trial statement in accord with Pa.R.C.P. 212.2. The order scheduling the conference shall indicate the parties who are to attend including an insurance or similar representative who has authority to negotiate and settle the case. At the conclusion of the conference the Court may enter an order that recites the action taken at conference, schedules a date for trial, or schedules a settlement conference in accord with Pa.R.C.P. 212.5.
(e) Arbitration.
(i) Referral of Cases.
If, after an initial review of the case, the case is identified as appropriate for compulsory arbitration, a panel of arbitrators shall be appointed.
(ii) Arbitration Appeals.
The Court Administrator shall monitor all Arbitration appeals, and shall report to the President Judge all cases pending for more than six (6) months.
(f) Incarcerated Plaintiffs.
Complaints initiated by pro se Plaintiffs who are incarcerated in a state correctional institution shall be exempt from Hunt.Co.R.C.P. 205.
2. Inactive Cases.
Cases that are eligible for dismissal under Rule of Judicial Administration No. 1901 as well as cases that have come to the termination date of their case track, shall be reviewed by the President Judge. The Court will take action to dismiss or schedule additional proceedings in an attempt to resolve the case.
_________________ : IN THE COURT OF COMMON PLEAS
Plaintiff HUNTINGDON COUNTY, PENNSYLVANIA
vs. : DOCKET NO:
_________________ : CIVIL ACTION—[LAW] [EQUITY]
Defendant
INITIAL CASE MONITORING NOTICE AND ORDER 1. Plaintiff (s) by _________________ hereby gives notice that this matter was commenced on the date
Attorney
of ______ by [ ] complaint [ ] writ of summons [ ] other (specify): _________________ .Plaintiff further certifies that service was made on ____ day of ______ 20____ .
2. Plaintiff requests the case be processed under the Court's civil case management rules as follows (choose one):
______ Arbitration (Damages of $50,000 or less)
______ Standard Track
______ Complex Track
______ Expedited Track
ORDER AND NOW this _____ day of ______ 20____ a Status conference is scheduled for ______ , at _____ (a.m./p.m.) in Courtroom No. ______ of the Huntingdon County Courthouse, 223 Penn Street, Huntingdon, PA. All parties shall attend. Items No. 1 and 2 shall be completed by Plaintiff. This document shall be presented to District Court Administrator within five (5) days after proof of service of the original process is received.
PLAINTIFF SHALL IMMEDIATELY SERVE A COPY OF THIS ORDER UPON ALL OTHER PARTIES OR THEIR ATTORNEYS AND FILE PROOF OF TIMELY SERVICE.
Date: _______________________
____________________
J.cc:District Court Administrator
_________________ , Esquire
_________________ , Esquire
[Pa.B. Doc. No. 14-2456. Filed for public inspection November 26, 2014, 9:00 a.m.]
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