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PA Bulletin, Doc. No. 14-2679

THE COURTS

WASHINGTON COUNTY

New Rule 1901—Prompt Disposition of Matters; Termination of Inactive Cases; Rescind Rule L-230.2—Inactive Cases; No. 2013-1

[44 Pa.B. 8019]
[Saturday, December 27, 2014]

Order

 And Now, this 4th, day of December, 2014; It Is Hereby Ordered that Local Rule 1901—Prompt Disposition of Matters; Termination of Inactive Cases be adopted as follows and that Local Rule 230.2—Inactive Cases be rescinded.

 These rule changes will become effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

JOSEPH M. JAMES, 
Administrative Judge

Local Rule of Judicial Administration—1901. Prompt Disposition of Matters; Termination of Inactive Cases.

 (a) The Court Administrator, no less than once per year, shall prepare, or cause the Prothonotary to prepare, a list of civil cases for general call in which no steps or proceedings have been taken for two years or more prior thereto, and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa.R.J.A 1901(c). Thereafter, if a written objection, or written intention to proceed, is not docketed in such a manner prior to the commencement of the general call, the Court Administrator shall strike the matter from the list, and cause an order to be entered as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule.

 (1) If a written objection, or written intention to proceed, is docketed prior to the general call, a hearing shall be promptly scheduled by the court to determine if good cause exists for continuing the matter. No case in which a period of inactivity is greater than two years shall proceed in the absence of good cause.

 (i) The hearing shall be conducted by the judge to whom the case is assigned. If the case is unassigned, the Court Administrator shall assign the case.

 (ii) A copy of the written objection, or written intention to proceed, shall be served on the Court Administrator.

 (iii) In any matter which is permitted to proceed, the court shall enter a case management order to govern further proceedings in the case.

 (b) The Court Administrator, no less than once per year, shall prepare, or cause the Clerk of Courts to prepare, a list of criminal cases for general call in which no steps or proceedings have been taken for two years or more prior thereto, and shall give notice thereof to the district attorney, or private prosecutor, and the defendant, as provided by Pa.R.J.A. 1901(c).

 (i) If an intention to proceed with a matter is evidenced at the general call, the court shall promptly schedule a hearing to determine if good cause exists for continuing the matter. No case in which a period of inactivity is greater than two years shall proceed in the absence of good cause.

 (ii) The hearing shall be conducted by the judge to whom the case is assigned. If the case is unassigned, the Court Administrator shall assign the case.

 (c) Notice of proposed termination shall be made to the last address of record of the parties or their counsel of record, and set forth a brief identification of the matter to be terminated. If notice by mail cannot be given, or has been returned undeliverable, the Court Administrator shall cause notice of proposed termination to be given by publication in the Washington County Reports.

 (ii) A separate general call shall be designated when notice of proposed termination is made by publication, and such date shall be set by the Court Administrator.

[Pa.B. Doc. No. 14-2679. Filed for public inspection December 26, 2014, 9:00 a.m.]


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