THE COURTS
Title 255—LOCAL
COURT RULES
LACKAWANNA COUNTY
Repeal and Adoption of Rules of Civil Procedure; No. 2015 CV 1
[45 Pa.B. 6882]
[Saturday, December 5, 2015]
Order And Now, this 6th day of November, 2015, it is hereby Ordered and Decreed that the following Lackawanna County Rules of Civil Procedure are adopted and amended as follows:
1. New Lacka.Co.R.C.P. 214.2 is adopted as reflected in the following Rule. The new language of Local Rule 214.2 appears in bold type for ease of reference;
2. Lacka.Co.R.C.P. 4000.1, 4000.2, 4012, 4013 and 4019 are amended as reflected in the following Rules. The amended language of Local Rules 4000.1, 4000.2, 4012, 4013 and 4019 appears in bold type for ease of reference, whereas the former language being replaced by the amendments appears in brackets.
3. Pursuant to Pa.R.C.P. 239(c)(2)—(6), the following Local Rule shall be disseminated and published in the following manner:
(a) One (1) certified copy of the following Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;
(b) Two (2) certified copies of the following Local Rule and a computer diskette containing the text of the following Local Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(c) One (1) certified copy of the following Local Rule shall be filed with the Civil Procedural Rules Committee;
(d) The following Local Rule shall be kept continuously available for public inspection and copying in the Office of the Clerk of Judicial Records, Civil Division, and upon request and payment of reasonable costs of reproduction and/mailing, the Clerk of Judicial Records shall furnish to any requesting person a copy of the requested Local Rule(s); and
(e) A computer diskette containing the text of the following Local Rule shall be distributed to the Lackawanna Bar Association for publication on the website of the Lackawanna Bar Association.
4. The foregoing adoption of and amendments to the following Local Rules shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin pursuant to Pa.R.C.P. 239(d).
By the Court
THOMAS J. MUNLEY,
President JudgeRule 214.2. Assignment of Medical Professional Liability Actions and Protracted Cases.
(a) Following the filing of a Complaint by the plaintiff pursuant to Pa.R.C.P. 1042.2 and the entry of appearance by the defendant(s) or defense counsel pursuant to Pa.R.C.P. 1012(a) or Lacka.Co.R.C.P. 200.1(a) in all medical professional liability actions subject to the reporting requirements set forth in Pa.R.C.P. 1042.51(c), the Court Administrator shall assign the case to the judges of the court on a rotating basis and shall promptly schedule a status conference before that judge and forward notice of the conference to all counsel and unrepresented parties. During the status conference, the assigned judge will establish deadlines for the completion of discovery, the exchange of expert witness reports and the filing of case dispositive motions, and schedule dates certain for trial and the final pre-trial conference. All preliminary objections, motions for judgment on the pleadings, motions for summary judgment, and other case dispositive motions, discovery motions, and other pre-trial motions will be addressed to, served upon and decided by the assigned judge.
(b) Any other case that will require at least eight (8) days of total trial time, including jury selection, may be designated as a protracted case and assigned to a judge of the court on a rotating basis for pre-trial and trial purposes. A case may be designated as a protracted case upon the filing of a Certification for Protracted Case Designation, subject to the provisions of Pa.R.C.P. 1023.1 to 1023.4, with the concurrence of all counsel of record and unrepresented parties in the form attached to the Appendix of these Local Rules as Form 7A. In the event that all counsel and unrepresented parties do not concur with the designation of a case as a protracted case, the party seeking such designation may present a motion to the Motions Court judge pursuant to Lacka.Co.R.C.P. 208.3(a) requesting the designation of the case as a protracted case. The motion requesting designation as a protracted case must set forth with specificity, and subject to Pa.R.C.P. 1023.1 to 1023.4, the reason(s) why the case warrants designation as a protracted case.
(c) A Certification for Protracted Case Designation (Form 7A) or a motion requesting the designation of a case as a protracted case may be filed following the filing of a complaint by the plaintiff and the entry of appearance by all defense counsel and unrepresented parties pursuant to Pa.R.C.P. 1012(a) and Lacka.Co.R.C.P. 200.1(a). Once a Certification for Protracted Case Designation or an Order of Court designating a case as a protracted case has been filed, the Court Administrator shall assign the case to a judge of the court on a rotating basis and shall promptly schedule a status conference before the assigned judge and forward notice of that conference to all counsel of record and unrepresented parties. During the status conference, the assigned judge will establish deadlines for the completion of discovery, the exchange of expert witness reports and the filing of case dispositive motions, and schedule dates certain for trial and the final pre-trial conference. After a case has been designated as a protracted case and assigned to a judge, all case dispositive motions, discovery motions, and other pre-trial motions in a protracted case will be addressed to, served upon and decided by the assigned judge.
Rule 4000.1. [Motion for Presentation before a Special Trial Master] Discovery Motions Court.
(a) [Presentation to the court of a motion pursuant to Lacka.Co.R.C.P. 4000 shall in all circumstances be initially presented to and decided by a Special Trial Master appointed by the Court who shall follow the same procedures set forth in Lacka.Co.R.C.P. 4000.] Except for medical professional liability actions and protracted cases governed by Lacka.R.C.P. 214.2, all discovery motions shall be presented to the Discovery Motions Court Judge who shall hear motions in the Lackawanna County Courthouse on Monday and Thursday at 9:30 AM in a courtroom designated by the Court Administrator, unless otherwise agreed by counsel or the Discovery Motions Court Judge or by order of the Discovery Motions Court Judge.
(b) [An order of the Special Trial Master may be appealed de novo by presentation of an appeal motion to the designated Motions Court Judge in accordance with Lacka.Co.R.C.P. 206.4(c), together with proof of payment to the Clerk of Judicial Records of an appeal cost in an amount to be set by the court from time to time. The appeal motion shall be filed within ten days of the order of the Special Trial Master and shall be considered by the court pursuant to Lacka.Co.R.C.P. 4000.] In the event that the Discovery Motions Court Judge is unavailable on Monday or Thursday at 9:30 AM, and unless otherwise agreed by counsel or the Discovery Motions Court Judge, discovery motions shall be presented to the Motions Court Judge in compliance with Lacka.Co.R.C.P. 208.3(a).
[(c) Motions practice before the Special Trial Master shall be conducted in compliance with the Lacka.Co.R.C.P. 206.1 and the Master shall hear motions in the Lackawanna County Courthouse on Monday and Thursday at 9:30 AM, unless otherwise agreed by counsel and the Master or by order of the Master.
(d) Presentation of a motion in any case in which the Special Trial Master is involved shall be presented to the court rather than through the procedure set forth in this Rule.]
Rule 4000.2. Case Management Proposal.
With the exception of [medical malpractice cases] medical professional liability actions and protracted cases governed by Lacka.Co.R.C.P. 214.2, and upon closure of the pleadings, the plaintiff(s) shall complete and forward to all parties a Case Management Proposal in substantial compliance with Form 15 in the attached Appendix. The Case Management Proposal shall set forth proposed deadlines for the completion of discovery, exchange of expert reports, and the filing of dispositive motions.
If the plaintiff(s) has not received any objections to the Case Management Proposal within fifteen (15) days of mail, the plaintiff(s) shall submit the Proposal to the [Lackawanna County Discovery Master] Discovery Motions Court Judge for approval. If a party objects to the Proposal, and the parties are otherwise unable to agree, and upon appropriate notice as outlined in Lacka.Co.R.C.P. 208.2(f), the Proposal shall be submitted to the [Discovery Master] Discovery Motions Court Judge for resolution.
If the plaintiff(s) shall fail to complete and forward a Case Management Proposal within thirty (30) days of the closure of the pleadings, nothing in this Rule shall preclude an opposing party from submitting a Case Management Proposal in compliance with this Rule.
Rule 4012. Protective Orders.
(a) If a deposition is being taken within the Lackawanna County Courthouse and demand is made for its suspension, a motion for a protective order under Pa.R.Civ.P. 4012(b) shall be made immediately to the [Special Trial Master for Discovery] Discovery Motions Court Judge, if available, in which event the motion may be oral and heard. If the [Special Trial Master for Discovery] Discovery Motions Court Judge is not available, the motion for a protective order may be oral and shall be presented to the [Special Trial Master for Discovery] Discovery Motions Court Judge within forty-eight hours of the suspension of the taking of deposition. Otherwise, the objecting party or deponent will be deemed to have waived the objection and the taking of the deposition shall be immediately resumed on notice to all interested parties and the deponent.
(b) In all other cases, the motion must be in writing and presented to the [Special Trial Master for Discovery] Discovery Motions Court Judge as provided in Lacka.Co.R.C.P. 4000 herein except that, upon failure to present such motion within fifteen (15) days of the suspension of the taking of the deposition, the objecting party or deponent will be deemed to have waived the objection whereupon the taking of the deposition shall be resumed on reasonable notice to all interested parties and deponent.
Rule 4013. Stay of Proceedings by Discovery.
(a) If a party seeks a stay of discovery pending disposition of a motion for a protective order, the basis for such a request shall be stated with particularity in the motion and shall be called to the attention of the [Special Trial Master for Discovery] Discovery Motions Court Judge at the time of presentation of the motion.
(b) If during the pendency of an action a party desires a general stay of the proceedings for purposes of deposition and discovery, the court upon motion and for cause shown may enter an appropriate order staying the proceedings.
Rule 4019. Petitions for Sanctions [before a Special Trial Master].
[(a)] Any party seeking sanctions pursuant to Pa.R.Civ.P. 4019 for violation of an order of the [Special Trial Master] Discovery Motions Court Judge pursuant to Lacka.Co.R.C.P. 4000.1, or an order of the court pursuant to Lacka.Co.R.C.P. 4000, or otherwise pursuant to Pa.R.Civ.P. 4019, shall in all circumstances [initially] do so by motion to the [Special Trial Master] Discovery Motions Court Judge pursuant to Lacka.Co.R.C.P. 4000.1.
[(b) Any order of the Special Trial Master granting or denying a sanction may be appealed de novo by presentation of an appeal motion to the court, together with proof of payment to the Clerk of Judicial Records of an appeal cost of an amount to be set by the court from time to time, and said appeal motion shall be considered by the court pursuant to Lacka.Co.R.C.P. 4000.]
FORM 7A
[Pa.B. Doc. No. 15-2128. Filed for public inspection December 4, 2015, 9:00 a.m.]
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