THE COURTS
FRANKLIN AND FULTON COUNTIES
Amended Rule of Judicial Administration 1901—Prompt Disposition of Matters; Termination of Inactive Cases; 2015-1281
[45 Pa.B. 1950]
[Saturday, April 18, 2015]
Order of Court And Now this 1st day of April, 2015;
It Is Hereby Ordered That local Judicial Administration Rule 1901—Prompt Disposition of Matters; Termination of Inactive Cases shall be amended and adopted.
It Is Further Ordered that the District Court Administrator shall:
1. File one (1) certified copy of this amended Administrative Order with the Administrative Office of Pennsylvania Courts;
2. Submit two (2) certified copies of this amended Administrative Order and a copy on a computer diskette or CD-ROM to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
3. Keep a copy of this amended Administrative Order continuously available for inspection and copying in the Office of the Prothonotary in both Fulton and Franklin Counties and in the Franklin County Law Library.
39th Jud.Dist.R.Jud.Adm. 1901 as amended shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
CAROL L. VAN HORN,
President JudgeLocal Rule of Judicial Administration 1901. Prompt Disposition of Matters; Termination of Inactive Cases.
(a) List of cases for Termination. No less than once per year, the Prothonotary shall prepare a list of civil cases for general call(s) in which there has been no docketed activity or proceedings for two years or more prior thereto. The list shall be generated sufficiently in advance of the general call date(s) to provide the parties with at least thirty (30) days' written notice of the opportunity for hearing on the proposed termination.
(b)(i) Issuance of Notice of Termination. For each case on the list, the Prothonotary at the Court Administrator's request shall issue a written notice of intent to terminate to counsel of record and to self-represented parties for whom no appearance of counsel has been entered, as provided by Pa.R.J.A. 1901(c). Notice of the proposed termination shall be provided in person or by mail to the parties' last address of record or their counsel of record.
(ii) Content of Notice to Terminate. The notice to terminate a case shall be on a form developed by the Court Administrator in conjunction with the Court. The notice shall provide counsel and self-represented parties with notice of the case type, the time in which a written notice of objection or intent to proceed must be filed with the Prothonotary to preserve the right to appear for the general call, and the date, time and location of the general call at which counsel or the self-represented parties shall appear if there is objection to termination.
(c)(i) Notice of Intent to Terminate Cases by Publication. If notice of intent to terminate a case is not accomplished by mail, or if the notice is returned undeliverable to the Prothonotary, the Prothonotary shall provide the Court Administrator with a list of cases which must be given notice of intent to terminate by publication pursuant to Pa.R.J.A. 1901(c)(2). The Prothonotary shall cause notice of proposed termination to be given to all cases on the list by publication in the Franklin County Legal Journal no less than thirty (30) days in advance of the general call date(s) established by the Court and the Court Administrator.
(ii) Content of Publication Notice to Terminate. The published notice to terminate a case shall be on a form developed by the Court Administrator in conjunction with the Court. The published notice to terminate a case shall provide notice to the public of the case type, the time in which a written notice of objection or intent to proceed must be filed with the Prothonotary to preserve the right to appear for the general call, and the date, time and location of the general call at which counsel or the self-represented parties shall appear if there is objection to termination.
(d) Orders for Termination and Removal From the Civil Docket. If a written objection or written intention to proceed is not docketed before the deadline set forth within the written or published notice to terminate, the Court Administrator shall strike the matter from the list and cause an order to be entered dismissing the matter with prejudice for failure to prosecute under the provisions of this rule. However, consistent with Pa.R.J.A. 1901(c)(2), any matter terminated after notice by publication may be reinstated by the court after dismissal upon written application if good cause is shown.
(e) General Call List. If a written objection or written intention to proceed is docketed within the time limit established by the Court Administrator, each written objection and notice of intent to proceed that has been filed along with a list of the cases that are required to appear at the general call date(s) shall be forwarded to the Court Administrator by the Prothonotary. The Court Administrator shall finalize and deliver to each judge a list of the cases which will appear before the judge for the general call.
(f) General Call, Hearings, Continuances and Joint Case Management Orders. If, after a review of the written objection or notice to proceed, or based upon information provided by counsel or self-represented parties at the general call, the Court determines that further hearing is necessary to determine if good cause exists to allow the matter to remain on the docket, the Court on its own motion or upon motion of any party, may list the matter for a separate good cause hearing. No case in which a period of inactivity is greater than 2 years shall proceed in the absence of good cause. In any matter permitted to proceed, the Court shall issue an order directing the parties to enter a joint case management order to govern further proceedings in the case. If a case is continued by the Court beyond the general call date to permit the Court time to consider additional information, or schedule a good cause hearing, the Court Administrator shall be given notice of the continuance and the matter shall be placed on the next general call date, unless the matter is terminated by the court following a review of the information, filings or the holding of the good cause hearing.
[Pa.B. Doc. No. 15-722. Filed for public inspection April 17, 2015, 9:00 a.m.]
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