THE COURTS
Title 255—LOCAL
COURT RULES
BERKS COUNTY
Amendments to Local Rules; No. 15-217 Prothonotary; No. CP-06-AD-0000023-2015 Clerk of Courts
[45 Pa.B. 3816]
[Saturday, July 18, 2015]
Order And Now, this 19th day of June, 2015, the following amendments to Berks County Rules of Civil Procedure 211; 211.1; 211.2; 211.5; 211.6; and 4001; and amendment to Berks County Rule of Judicial Administration 1901 are hereby adopted and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance with Pa.R.C.P. No. 239(d) and amendments to Berks County Rules of Civil Procedure 1028(c); 1034(a); and 1035.2(a) are hereby adopted and shall become effective upon publication on the Pennsylvania Judiciary's Web Application Portal in accordance with Pa.R.C.P. No. 239.8(d).
(New language is in bold, and removed language is shown by bold and brackets.)
The District Court Administrator is Ordered and Directed to:
1. File one (1) certified copy of this Order, including the newly adopted rules, with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies of this Order, including the newly adopted rules, and one (1) disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy of this Order, including the newly adopted rules, with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.
4. File one (1) certified copy of this Order, including the newly adopted rules, with the Berks County Law Library.
5. Keep continuously available for public inspection and copying, one (1) copy of this Order, including the newly adopted rules, in the Office of the Prothonotary of Berks County.
6. Keep continuously available for public inspection and copying, one (1) copy of this Order, including the newly adopted rules, in the Office of the Clerk of Courts of Berks County.
HONORABLE PAUL M. YATRON,
President Judge
RULES OF JUDICIAL ADMINISTRATION Rule 1901. Termination of Inactive Cases.
[See Pa.R.C.P 230.2.]
(a) This Local Rule shall apply to all civil and family cases regardless of the nature or extent of the relief sought.
(b) The Prothonotary may initiate proceedings to terminate a case in which there has been no activity of record for two years or more by serving a notice of proposed dismissal of court case.
(c) The Prothonotary shall serve the notice on counsel of record and on the parties if not represented, at least sixty days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. The notice shall be served by mail pursuant to Rule 440 or by electronic transmission pursuant to Rule 205.4(g). If the mailed notice is returned, the notice shall be served by advertising it in the Reading Eagle newspaper.
(d) The notice required by subdivision (c) shall be in substantially the following form:
(Caption)
Notice of Proposed Termination of Court Case The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the court from terminating the case by filing a Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with Prothonotary of the Court at Berks County Prothonotary, 2nd Floor Courthouse, 633 Court Street, Reading, PA 19601 on or before ______ .
IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED.
BY THE COURT:
______ ______
Date of this NoticeProthonotary(e) The Statement of Intention to Proceed shall be in the following form:
(Caption)
Statement of Intention to Proceed TO THE COURT:
______ intends to proceed with the above captioned matter.
Date: ______ Attorney for ______
(f) If no statement of intention to proceed has been filed in the required time period, the Prothonotary shall mark the matter as terminated with prejudice for failure to prosecute.
(g) If an action has been terminated pursuant to this rule, an aggrieved party may petition the court to reinstate the action. All matters so terminated may not be reinstated except with leave of Court, for cause shown.
(h) Following the filing of a Statement of Intention to Proceed, the Court shall schedule a hearing in the subject case to show cause why the case should not be terminated for inactivity.
RULES OF CIVIL PROCEDURE
ARGUMENT COURT Rule 211. Schedule for Arguments. Matters for Panel. Matters for Single Judge.
Civil Argument Court shall be held on the days as scheduled in the Court calendar for that year, subject to change by court order fixing special argument dates. As used throughout these rules, including B.R.C.P. 211.1 through 211.7 inclusive, and B.R.C.P. 1028(c), 1034(a), and 1035.2(a), the term ''argument court date'' shall mean one of the scheduled Civil Argument Court dates listed on the Court calendar, which calendar can be found on-line at www.countyofberks.com/courts.
(a) Panel list civil matters shall be heard by a panel of judges (consisting of two judges) or by the court en banc.
(b) All other civil arguments shall be heard by a single judge and shall consist of all other matters not specifically designated as Panel List Matters under subsection (a).
Rule 211.1. Ordered or Placed on Argument List.
Preliminary objections shall be ordered for argument court as required by B.R.C.P. 1028(c). All other cases may be ordered for argument court (a) by the party having the burden at argument by filing a praecipe and required documents with the prothonotary on or before the twenty-fourth (24th) day preceding such argument court date; (b) by the party not having the burden at argument by filing a praecipe and required documents with the prothonotary on or before the forty-fourth (44th) day preceding such argument court date; or (c) by special order of the court at any time.
No case shall be ordered or placed on any argument list unless at the day of its ordering the matter is at issue and notes of testimony directed to be filed have been transcribed and filed, unless (a) by agreement of the parties or their counsel such transcription is dispensed with and an adequate statement of the material facts has been filed in lieu thereof, or (b) the case is specially ordered for argument by the court.
Rule 211.2. Filing of Praecipe and Briefs.
(a) A party having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date, except that the date for argument on preliminary objections shall be as provided in B.R.C.P. 1028(c), and shall file simultaneously with the prothonotary the required copies of his brief of argument and a proof of service that copies of such praecipe and brief of argument have been served upon all other parties in the case.
(b) A party not having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date and shall file simultaneously with the prothonotary a proof of service that copies of such praecipe have been served upon all other parties in the case. The party not having the burden shall not be required to file a brief of argument at the time of filing such praecipe.
(c) A party filing a praecipe for argument shall set forth in writing on such praecipe:
(1) the particular date the case is ordered to be listed for argument, which date shall be the next argument court date that is at least twenty-four (24) days from the date of filing (if filed by the party having the burden at argument), the next argument court date that is at least forty-four (44) days from the date of filing (if filed by the party not having the burden at argument), or any later argument court date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge.
(2) the matter to be argued
(3) the party who has the burden at argument
(4) whether it should be argued before a panel of judges under B.R.C.P. 211(a) or a single judge under B.R.C.P. 211(b)
(5) the name of the judge assigned to the case
(d) In those cases where the party having the burden at argument has filed a praecipe for argument and accompanying documents in compliance with the requirements of subsection (a), each opposing party shall file with the prothonotary on or before the Tuesday (or Monday if Tuesday is a holiday) prior to the argument court date the required copies of his brief of argument accompanied by a proof of service that copies of brief of argument have been served upon all other parties in the case. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, each opposing party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
(e) In those cases where a party not having the burden at argument has filed a praecipe for argument and proof of service in compliance with the requirements of subsection (b), the party having the burden shall file with the prothonotary on or before the twenty-fourth (24th) day preceding the argument court date the required copies of his brief of argument accompanied by a proof of service that copies of briefs of argument have been served upon all other parties in the case. Each opposing party thereafter shall file with the prothonotary on or before the Tuesday (or Monday if Tuesday is a holiday) before the argument court date the required copies of his brief of argument accompanied by proof of service that copies of briefs of argument have been served upon all other parties in the case. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the party having the burden shall file its argument brief no later than twenty-four (24) days prior to the agreed upon argument date, and each opposing party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
(f) In those cases where the court specially orders a case for argument, the court shall fix the briefing schedule as a part of its order listing the case for argument, or by separate order.
(g) The required copies of briefs of argument to be filed shall be two (2) for cases under B.R.C.P. 211(a) Panel List and one (1) for cases under B.R.C.P. 211(b) Single Judge List.
(h) Where there has not been strict compliance with these rules as to time for filing, content or praecipe and proof of service of praecipe and/or brief of argument, as applicable, the prothonotary shall still accept the praecipe or brief of argument for filing, [but] and Court Administration shall [not] list the case for oral argument [until there has been compliance with these rules. If compliance is made on or before the Tuesday (or Monday if Tuesday is a holiday) prior to] on the requested argument date[, court administration will list the case for the requested argument date. If compliance is not made by the Tuesday (or Monday if Tuesday is a holiday) prior to the requested argument date, the matter must be relisted by praecipe for the next applicable argument date, along with proof of service of said praecipe]. The non-compliant party, however, shall be prohibited from participating in oral argument before the court unless the non-compliant party timely cures any defects and there is no prejudice to any opposing party, or the court, in its discretion, allows the non-compliant party to participate after good cause is shown.
Rule 211.5. Extension of Time for Filing of Brief. Continuance of Argument. Disposition of Matters Upon Stipulation. Failure to File Brief or Appear at Argument.
(a) If a party is unable to file and serve his brief of argument as required by these rules, or is unable to appear and argue the case when scheduled, such party shall make timely application to the court for an extension of time in which to file and serve his brief and/or for a continuance, and upon good cause shown the court may grant such additional time and/or continue the argument as may be proper under the circumstances.
(1) There can be no extension of time for filing and serving of briefs of argument by agreement of the parties, except that if the praecipe for argument is filed by a party not having the burden, a reasonable extension of time for filing and serving of briefs by the party having the burden will be allowed without cause upon written stipulation of all parties and order entered thereon by the court and filed at least twenty-four (24) days prior to the argument court date. Except for argument on preliminary objections, a continuance without cause will be allowed one time on any other matter listed for argument, upon written stipulation of all parties and order entered thereon by the court and filed no later than on the Tuesday (or Monday if Tuesday is a holiday) prior to the argument court date.
(2) Unless otherwise ordered by the court because of emergency, any application for extension of time for cause for filing and serving of briefs must be made to the court on or before the due date for filing, and any application for continuance of argument must be made to the court on or before the Tuesday (or Monday if Tuesday is a holiday) prior to the scheduled argument date. A party making either such application must give written notice to all other parties in accordance with B.R.C.P. 211.3(a) of the intended date, time and nature of the application at least three (3) days prior to making such application, except that notice may be waived by such other party who appears before the court at the time such application is made. If the other party does not appear, the party making application shall file proof of service of notice in accordance with B.R.C.P. 211.3(b) at or before the time of making such application.
(3) Disposition of matters in issue for argument may be made by written stipulation of all parties if approved by order entered thereon by the court prior to or at the time of scheduled argument.
(4) The court may order sua sponte that the time for filing of an argument brief be extended, that an argument be continued or that a case be stricken from the argument list.
[(b) If a party fails to file and serve his brief of argument as required by these rules without obtaining a court approved extension of time, the prothonotary shall forthwith deliver the file of the case to the judge assigned to the case, whereupon the judge may consider the position of the party so failing to file and serve his brief as abandoned and, without further notice, order the matter granted or dismissed with prejudice, depending on which party has failed to comply, or act upon the matter in such manner as the court deems appropriate, including the imposition of sanctions for failure to comply with these rules.
(c)] (b) If a party fails to appear and argue his case at the time scheduled, the court may hear argument of one party nevertheless, may consider the position of the party so failing to appear and argue as abandoned and may, without further notice, order the matter granted or dismissed with prejudice, depending on which party has failed to appear, or act upon the matter in such manner as the court deems appropriate, including the imposition of sanctions for failure to comply with these rules.
Rule 211.6. Assignment of Cases for Argument.
(a) At the end of the Tuesday (or Monday if Tuesday is a holiday) preceding the next scheduled argument court date, Court Administration shall prepare the list of all those cases [ordered for argument and for which there has been compliance with these rules and which are ready] praeciped for argument, noting the caption, nature of the matter to be argued, names of counsel or parties without counsel, and name of the judge assigned to the case, whether argument is before a panel of judges or a single judge.
(b) Court Administration shall prepare a schedule of assignment of cases designating courtrooms, judges and times that arguments will be heard at argument court, and shall post such schedule by noon of the Thursday (or Wednesday if Thursday is a holiday) preceding argument court in the prothonotary's office and online at www.countyofberks.com/courts, and shall post such schedule on argument court day in the first floor lobby at the Courthouse and County Services Center.
(c) Upon such posting in the prothonotary's office the prothonotary shall [deliver copies of briefs of argument to] notify the judge or judges assigned to hear arguments in the respective cases. On argument court day counsel and/or parties shall report directly to the assigned courtroom prior to the time fixed for oral argument for their respective cases.
Rule 1028(c). Preliminary Objections.
(a) A party filing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall file simultaneously with the Prothonotary an original and one copy of the preliminary objections, a praecipe for argument, an argument brief and a proposed order granting the relief requested, accompanied by a proof of service of copies of those documents upon counsel for all other parties and any unrepresented parties by first class mail. The praecipe shall order that the [case] preliminary objections be listed for argument on [an] the next argument court date [next following the expiration of] that is at least twenty-four (24) days from the date of filing, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge. Said argument court date must be in accordance with the [court] Civil Argument Court calendar[. The court calendar], which can be found online at www.countyofberks.com/courts.
(b) A party filing preliminary objections which are endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(1), (5), (6), (7) or (8), shall file with the Prothonotary an original and one copy of the preliminary objections, accompanied by a proof of service of copies of the preliminary objections and the completed form of order upon counsel for all other parties and any unrepresented parties by first class mail.
(1) The form of order referred to in paragraph (2) above shall be substantially in the following form, PROVIDED that the bracketed, italicized language is explanatory only and should not appear in the completed form of order served with the preliminary objections:
ORDER AND NOW, this ____ day of ____ , ____ , preliminary objections endorsed with a notice to plead having been filed in this matter and served on ____ , [date which appears on the proof of service] it is hereby ordered that:
(1) Any party wishing to oppose the preliminary objections shall file with the Prothonotary an original and one copy of the answer to the preliminary objections and proof that the answer to the preliminary objections has been served by first class mail upon counsel for all other parties and any unrepresented parties no later than ______ . [In accordance with Pa.R.C.P. 239.5 and 1026(a), which require any party opposing preliminary objections endorsed with a notice to plead to respond thereto within twenty (20) days of service of the preliminary objections, the party filing the preliminary objections must here insert a date twenty (20) days after the date listed on the proof of service filed with the preliminary objections, unless counsel and any unrepresented parties stipulate to a different time.]
(2) Depositions and/or any other discovery required for determination of the preliminary objections shall be completed by ______ . [The date inserted shall be no longer than sixty (60) days after the date listed on the proof of service accompanying the preliminary objections.]
(3) An original and one copy of a brief of argument and proposed order granting the relief requested, along with proof that such documents were served by first class mail upon counsel for all other parties and any unrepresented parties, shall be filed with the Prothonotary by ______ [the party which filed the preliminary objections] on or before ______ [the date inserted shall be no longer than twenty (20) days after the date on which discovery ends].
(4) Any party opposing the preliminary objections shall file with the Prothonotary an original and one copy of a brief of argument, proposed order and proof that such documents were served by first class mail upon counsel for all other parties and any unrepresented parties, no [longer] later than twenty (20) days after the date listed on the proof of service accompanying the brief of the party which filed the preliminary objections.
(5) Argument on the preliminary objections shall be held in the assigned courtroom of the Berks County Courthouse/Services Center on [an] the next argument court date [next following the expiration of] that is at least twenty-four (24) days from the date of [such] filing, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge.
(6) The party which filed the preliminary objections shall serve notice of the entry of this order, along with copies of the signed order bearing the entry date, upon all counsel and any unrepresented parties no later than two (2) business days after receiving a copy of the order.
BY THE COURT:
_________________ J.
(2) Following service of copies of the preliminary objections and the above form of order, all counsel and any unrepresented parties should confer and agree upon the dates to be included in the order prior to its submission to the Court for consideration and entry.
(3) The party filing the preliminary objections shall file the original of the completed form of order with the Prothonotary no later than twenty (20) days following service of copies of the preliminary objections and accompanying documents upon counsel for all other parties and any unrepresented parties, whereupon the Prothonotary shall deliver the file of the case to the Court. Nothing in this rule shall preclude the Court from changing the dates set forth in the above-referenced form of order, whether or not such dates were set by agreement of the parties.
(c) If the party filing the preliminary objections fails to simultaneously file any of the additional documents required by paragraphs (1) and (2) above, the Prothonotary shall immediately [deliver the file of the case to] notify the Court, whereupon the Court may, [without further notice] unless all defects are corrected within five (5) business days of receipt of the file, overrule the preliminary objections [or direct that no further action shall be taken until those documents are filed].
(d) If an amended pleading is filed in response to preliminary objections, the preliminary objections shall be deemed moot, along with all requirements of this rule relating to discovery and responding to such preliminary objections. Where an argument date has been set, the Prothonotary and Court Administration, Court Information Management Division, shall strike the preliminary objections from the argument list, if any of the following conditions are met:
(1) The amended pleading is filed within twenty (20) days following the date of service of copies of the preliminary objections and accompanying documents as set forth in Pa.R.C.P. No. 1028(c)(1);
(2) The amended pleading is accompanied by or follows the filing of a written stipulation of counsel waiving the time limitation set forth in Pa.R.C.P. No. 1028(c)(1) for the filing of the amended pleading; or
(3) The amended pleading is accompanied by or follows the filing of a court order permitting the amended pleading to be filed notwithstanding the time limitation set forth in Pa.R.C.P. No. 1028(c)(1).
(e) If no amended pleading is filed in accordance with paragraph (4) above, any party opposing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall, on or before the Tuesday (or Monday, if Tuesday is a holiday) before the [next] argument court date, file an argument brief in response to the preliminary objections, accompanied by a proposed order and proof of service of copies of the argument brief and proposed order upon counsel for all other parties and any unrepresented parties by first class mail. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
(f) If any party to whose pleading preliminary objections have been filed fails to file either an amended pleading or a response to the preliminary objections, the Prothonotary shall deliver the file of the case to the Court, whereupon the Court may deem the preliminary objections to have been admitted and, without further notice, either sustain the preliminary objections; hear oral argument and rule upon the preliminary objections; rule upon the preliminary objections without oral argument; or, if an issue of fact is raised, direct that the matter be continued for no more than sixty (60) days for the parties to produce sufficient evidence for the Court to consider in making its ruling.
(g) If preliminary objections are filed which involve issues raised under Pa.R.C.P. No.s 1028(a)(1), (5), (6), (7), or (8) but are not endorsed with a notice to plead and no response thereto is filed, the Court shall deem the preliminary objections to be denied in accordance with Pa.R.C.P. No. 1029(d), and may, without further notice, overrule the preliminary objections, although it may permit the preliminary objections to be re-filed, endorsed with the required notice to plead, no later than twenty (20) days after the order is entered. In the alternative, the Court may hear oral argument from the party that filed the preliminary objections and any other party wishing to be heard, or, if an issue of fact is raised, may direct that the matter be continued for no more than sixty (60) days in order to permit the party that filed the preliminary objections, and any other party wishing to participate, the opportunity to produce sufficient evidence for the Court to consider in ruling upon the preliminary objections.
(h) If preliminary objections are in the nature of preliminary objections to preliminary objections, the filing, argument and disposition of the second set of preliminary objections shall proceed in accordance with paragraphs (1) through (7) above and oral argument on the first set of preliminary objections shall be continued to the date set for argument on the second set of preliminary objections. If the Court overrules the second set of preliminary objections or does not make a decision on the second set of preliminary objections, the Court may proceed with the consideration and disposition of the first set of preliminary objections in accordance with paragraphs (5) through (7) above immediately after the conclusion of argument on the second set of preliminary objections, or may schedule oral argument on the first set of preliminary objections for a date and time after it has ruled on the second set of preliminary objections.
(i) The Court shall promptly determine all preliminary objections after the argument date, or, if the matter was continued in accordance with paragraphs (6) or (7) above, may re-list the matter for oral argument, request or permit additional argument briefs from the parties or, if an issue of fact is raised, shall consider the evidence produced by the parties.
(j) At the Court's discretion, the preliminary objections may be determined upon the pleadings, any evidence produced and the argument briefs submitted by the parties, without oral argument. Notice thereof shall be provided by the Court to the parties and/or their counsel by letter or telephone at least three (3) business days prior to the scheduled argument date.
Rule 1034(a). Motion for Judgment on Pleadings.
(1) A party filing a motion for judgment on the pleadings shall file simultaneously with the Prothonotary a praecipe for argument and an argument brief, accompanied by a proof of service of copies of the motion, praecipe and brief of argument upon all other counsel and any unrepresented parties by first class mail, all in accordance with the Berks County Rules of Civil Procedure governing Civil Argument Court. The praecipe shall order that the [case] motion be listed for argument on [an] the next argument court date [no earlier than] that is at least twenty-four (24) days from the date of filing, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge. Said argument court date must be in accordance with the Civil Argument Court calendar, which can be found online at www.countyofberks.com/courts.
(2) If a party filing a motion for judgment on the pleadings fails to simultaneously file such praecipe, argument brief and/or proof of service, the Prothonotary shall [deliver the file of the case to] immediately notify the Court, whereupon the Court may, [without further notice, dismiss the motion without prejudice or direct that no further action shall be taken until those documents are filed] unless all defects are corrected within five (5) business days of the receipt of the file, deny the motion.
(3) If the party filing a motion for judgment on the pleadings complies with paragraph (1) above, the non-moving party shall, on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, file an argument brief accompanied by a proof of service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by first class mail. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
(4) If the non-moving party does not file an argument brief, the Court shall decide the motion based on the record. In doing so, the Court may in its discretion hear oral argument from the party that filed the motion for judgment on the pleadings, but not from the non-moving party.
Rule 1035.2(a). Motion for Summary Judgment.
(1) A party filing a motion for summary judgment shall file the original motion with the Prothonotary, accompanied by a proof of service of copies of the motion upon counsel for all other parties and any unrepresented parties by first class mail. No praecipe for argument shall be filed at the time that the motion is filed.
(2) The non-moving party shall file a response to the motion for summary judgment no later than thirty (30) days after the date of service of the motion in accordance with Pa.R.C.P. 1035.3(a). If no response is filed within that thirty (30) day period, upon written notice to the Court by the moving party [shall file a motion under], pursuant to Pa.R.C.P. 1035.3(d), [at which time] the Court may in its discretion grant the motion for summary judgment.
(3) [If a] At the end of the 30-day response [is filed] period, any party may list the motion for summary judgment for oral argument by filing a praecipe for argument, accompanied by a proof of service, with the Prothonotary indicating that copies of the praecipe have been served upon counsel for all other parties and any unrepresented parties by first class mail.
(4) If the moving party files the praecipe for argument, an argument brief shall be filed therewith and the case shall be listed for [an] the next argument court date [no earlier than] that is at least twenty-four (24) days thereafter, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge, accompanied by a proof of service of copies of the praecipe and argument brief upon counsel for all other parties and any unrepresented parties by first class mail. Said argument court date must be in accordance with the Civil Argument Court calendar, which can be found at www.countyofberks.com/courts. The non-moving party shall thereafter file an argument brief on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, accompanied by a proof of service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by first class mail. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
(5) If the non-moving party files the praecipe for argument with a proof of service, the case shall be listed for [an] the next argument court date [no earlier than] that is at least forty-four (44) days thereafter, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge, and the moving party shall file a brief of argument with the Prothonotary on or before twenty-four (24) days prior to the argument court date, accompanied by a proof of service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by first class mail. The non-moving party shall thereafter file an argument brief with the Prothonotary on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, accompanied by a proof of service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by first class mail. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the moving party shall file its argument brief no later than twenty-four (24) days prior to the agreed upon argument date, and the non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
Rule 4001. Discovery Applications/Discovery Master.
[Except as provided in B.R.C.P. Nos. 4004/4005 and 4012/4019 all discovery applications, along with a proposed order for a Rule to Show Cause shall be filed with the prothonotary. The proposed order shall contain a space wherein the court can enter the rule's return date, time and place. If the party to whom the rule is directed fails to file an Answer to the application at or before the time fixed for the return of the rule, upon application by the moving party, the court may order the rule to be made absolute and grant appropriate relief.
If the party to whom the rule is directed files an answer to the application at or before the time fixed for the return of the rule, the court upon application of the moving party, shall schedule a hearing and/or special argument thereon, with or without briefs. If briefs of argument are required by the court, the court shall fix the briefing schedule.] Legal issues relating to discovery applications and protective orders shall not be scheduled for regular argument court or be subject to the briefing schedule provided for in B.R.C.P. 211.2, unless the court specifically so orders. In order to facilitate the prompt disposition of discovery matters, discovery disputes shall be first processed before a Master as part of the ''Discovery Master Program'' and shall follow the following procedure:
(a) The Board of Judges shall appoint members of the Bar who shall have practiced civil law in Berks County for a minimum of 10 years to serve as Discovery Masters, for an indeterminate term, without compensation, at the pleasure of the Court.
(b) Except as provided in B.R.C.P. 4005(b) and 4012, all discovery applications along with a Rule to Show Cause shall be filed with the Prothonotary. The Rule to Show Cause shall contain a space for the Court to enter a return date, time and place. The moving party shall promptly serve the respondent with a copy of the motion and Rule designating the return date, time and place. The moving party must also comply with B.R.C.P. 208.2(e) by certifying that it has conferred in a good faith effort to resolve the discovery dispute, which certification must specifically describe those efforts.
(c) If the motion is resolved amicably prior to the return day, the motion shall either be withdrawn or a stipulated order shall be submitted to the Prothonotary for submission to the assigned judge. If no opposition is filed, the Discovery Master shall submit a proposed order granting the motion to the assigned judge. If an opposition is filed, the parties shall appear in a courtroom or arbitration room designated on the Friday of the week in which the rule was made returnable, to argue the matter before the Discovery Master scheduled to hear the matter. In the event the Friday of the week in which the rule was made returnable is a Court holiday, the motion shall be argued before the Discovery Master on the following Friday that is not a Court holiday. Briefs in support of and in opposition to the motion may be filed prior to the day on which the motion is to be argued before the Discovery Master.
(d) After hearing argument and considering the motion and answer, and any briefs filed, the Discovery Master shall submit a written recommendation and proposed order to the assigned judge for entry of an appropriate order.
(e) Any party may file an application under this rule to have the case scheduled to a Discovery Management Conference before a Discovery Master. The Discovery Master may recommend a Discovery Management Order, which establishes the following:
(1) A date for completion of all discovery, except for depositions for use at trial;
(2) A date for plaintiff to submit expert reports and curricula vitae of said experts, or answer expert interrogatories; and
(3) A date for defendant to submit expert reports and curricula vitae of said experts, or answer expert interrogatories.
(f) The parties may, by agreement in writing, extend any dates set forth in the Discovery Management Order.
(g) Upon request of any party, for good cause shown, the Discovery Master may recommend an extension of any dates set forth in the Discovery Management Order.
[Pa.B. Doc. No. 15-1313. Filed for public inspection July 17, 2015, 9:00 a.m.]
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