THE COURTS
CLINTON COUNTY
Local Rules No. 29 January Term 1976; No. 29 January Term 1976
[46 Pa.B. 6295]
[Saturday, October 8, 2016]
Order And Now, this 19th day of September, 2016, It Is Hereby Ordered that the following amendments to the Clinton County Local Rules of Court are adopted and shall become effective 30 days after the publication of same in the Pennsylvania Bulletin:
1) Clinton County Rule of Miscellaneous Procedure No. 401 (Compulsory Submission-Arbitration) is re-numbered as Clinton County Rule of Civil Procedure No. 1301.1 (see following).
2) Clinton County Rule of Miscellaneous Procedure No. 402 (Arbitrators) is re-numbered as Clinton County Rule of Civil Procedure No. 1301.2 (see following).
3) Clinton County Rule of Miscellaneous Procedure No. 403 (Consolidation of Arbitration Actions) is re-numbered and Amended as Clinton County Rule of Civil Procedure No. 1301.3 (see following).
4) Clinton County Rule of Miscellaneous Procedure No. 404 (Place of Arbitration Hearing) is re-numbered as Clinton County Rule of Civil Procedure No. 1301.4 (see following).
5) Clinton County Rule of Miscellaneous Procedure No. 405 (Fees of Arbitrators) is re-numbered as Clinton County Rule of Civil Procedure No. 1301.5 (see following).
6) Clinton County Rule of Civil Procedure No. 203 (Counsel's Pre-Trial Conference) is re-numbered and Amended as Clinton County Local Rule of Civil Procedure No. 212.3 (see following).
7) New Clinton County Local Rule of Civil Procedure No. 205.2(a) (Redaction of Pleadings) (see following).
8) New Clinton County Local Rule of Civil Procedure No. 205.2(b) (Required Motion Cover Sheet) (see following).
9) New Clinton County Rule of Civil Procedure No. 1920.31 (Filing a claim for Alimony Pendente Lite) (see following).
10) New Clinton County Rule of Criminal Procedure No. 506.1 (Filing a Private Criminal Complaint for Violation of Protection from Abuse Order or Violation of Protection of Victims of Sexual Violence or Intimidation Act) (see following).
11) Clinton County Rule of Miscellaneous Procedure No. 801 (Termination of Inactive Cases) is Vacated.
12) Clinton County Rule of Criminal Procedure No. 507 (Approval of Felony Arrests by District Attorney) is Vacated.
13) All Clinton County Orphans' Court Rules are Vacated (Rules 1.3, 1.4, 1.5, 1.6, 1.7, 1.8. 1.9, 3.1, 3.4, 3.6, 6.3, 6.4, 6.6, 6.9, 6.10, 6.11, 7.1, 8.1, 8.6, 8.7, 9.1, 10.2, 11.1. 12.1, 12.2, 12.3, 12.5, 12.6, 12.7, 12.9, 12.10, 12.11, 14.2, 14.3, 16.1).
It Is Further Ordered that one copy of this Order and attachments shall be sent via email to the Administrative Office of Pennsylvania Courts (adminrules@pacourts.us), that two copies of this Order and attachments shall be sent to Legislative Reference Bureau for publication in the Pennsylvania Bulletin and one copy emailed to bulletin@palrb.us, that one copy of the Order and attachments be filed with the Office of the Prothonotary of Clinton County, Pennsylvania, and that the new and amended rules be incorporated into the Court Rules section of the Clinton County Court website (http://www.clintoncountypa.com/departments/court_services/county_courts/) within 30 days after the publication in the Pennsylvania Bulletin.
By the Court
CRAIG P. MILLER,
President JudgeClinton County Local Rule of Civil Procedure No. 1301.1. Compulsory Submission.
All cases which are at issue where the amount in controversy is Fifty Thousand ($50,000.00) Dollars or less, except those involving title to real estate, shall first be submitted to and heard by a Board of three members of the Bar of this Court, as provided by 42 Pa.C.S.A. 7361. Unless a party has demanded a jury trial, the President Judge may dispense with compulsory arbitration and order the matter tried as a non-jury trial. At such non-jury trial, the parties may proceed pursuant to Pa.R.C.P. 1305 with respect to evidentiary matters.
Clinton County Local Rule of Civil Procedure No. 1301.2. Arbitrators.
1. All members of the Clinton County Bar shall constitute the Board of Arbitrators and all members shall act as arbitrators. No two members from the same firm or office, or related by blood or marriage, shall serve on the same board, unless this requirement is waived in writing by all parties in interest or their counsel.
2. The Prothonotary shall maintain, in alphabetical order, a list of all members of the Bar. Upon the filing of a praecipe for arbitration, the Prothonotary shall submit a list of five names to the plaintiff or the attorney for the plaintiff. In the event there are additional parties to the proceeding, the Prothonotary shall add an additional name for each additional party. This list shall be in the order in which the names appear on the Prothonotary's list, passing those who are disqualified to the next qualified. The plaintiff may strike one member from the list and forward the list to the defendant who may likewise strike one member. In the event of an additional party or parties, the defendant shall forward the list to that party who may likewise strike one member. When all parties have exercised the right to strike, the list shall be returned to the Prothonotary. In the event a party or parties do not exercise the right to strike, the first three remaining members shall constitute the Board and the first shall be the chairperson. Any stricken member, as well as any disqualified member, shall, in alphabetical order, be at the head of the list for the next and/or subsequent cases.
Clinton County Local Rule of Civil Procedure No. 1301.3. Consolidation of Arbitration Actions.
When the same transaction or occurrence, or series of transactions or occurrences, gives rise to more than one cause of action and separate actions have been commenced, all such actions shall be consolidated for arbitration, referred to the same board of arbitration, and heard together, unless the total amount in controversy exceeds Fifty Thousand ($50,000.00), in which case none of them shall be submitted to arbitration. It shall be the duty of every board of arbitration, before proceeding with the hearing, to ascertain whether or not any such separate action has been commenced.
Clinton County Local Rule of Civil Procedure No. 1301.4. Place of Arbitration Hearing.
All hearings shall be held in the Clinton County Courthouse.
Clinton County Local Rule of Civil Procedure No. 1301.5. Fees of Arbitrators.
The fee of the chairperson shall be Two Hundred ($200.00) Dollars. The fee of each other arbitrator shall be One Hundred Seventy-Five ($175.00) Dollars. These fees shall be applicable in all cases, including those which have been consolidated as provided under Clinton R.C.P. 1301.3. In cases requiring lengthy hearings or involving unusual questions of law or fact, the Court may, on petition of the arbitrators, increase the fees to an amount which will reasonably compensate them for the services performed.
Clinton County Local Rule of Civil Procedure No. 212.3. Counsel's Pre-Trial Conference (Civil Jury and Non-Jury Trials).
1. Within twenty (20) days of the posting of the civil trial list or as otherwise directed by the Court, plaintiff's counsel shall contact all other counsel to arrange for a pre-trial conference between counsel which shall be completed within forty-five (45) days of the posting of the aforesaid trial list. Counsel's conference shall be conducted at the Clinton County Courthouse unless all counsel agree to another location. Arrangements for the availability of a room at the Courthouse shall be made through the Court Administrator. The failure of plaintiff's counsel to comply with the schedule provided herein shall upon motion be grounds for a non pros.
2. At counsel's conference the following matters shall be accomplished:
a. Counsel shall exchange lists of potential witnesses, their addresses, and a general statement of the proposed testimony of each witness. The lists shall indicate which witnesses will be called and which may be called. Only witnesses so listed will be permitted to testify at trial.
b. Counsel shall examine, number, and list all exhibits which they intend to introduce and use at trial, whether during the case in chief or in rebuttal. Exhibits shall be marked by using the labels then in use by the Court. Any party may use at trial any exhibit listed by any other party. Only exhibits so listed and numbered will be admitted into evidence at trial. Counsel shall make a good faith attempt to agree as to the authenticity and admissibility of exhibits which have been listed and marked. If such an agreement cannot be reached, the objecting party shall state in detail the reasons for an objection together with any authorities in support of that position.
c. Counsel shall agree upon a brief factual statement of the case to be read to the jury as a part of voir dire and submit proposed questions to be used by the Court or counsel in conducting voir dire.
d. Each party shall submit to the other parties, in writing, the principles upon which they intend to rely at trial. If the parties disagree as to the applicability of a particular legal principle, a statement shall be prepared indicating the nature of said disagreement and each party's respective position.
e. Each party claiming damages shall submit to the party against whom the claim is asserted, an itemized list of special damages together with a list of the categories of general damages being sought and the estimated value of said general damages.
f. Counsel shall explore in depth the prospects for settlement and if a settlement cannot be achieved be prepared to explain to the Court the areas of difference in arriving at a settlement.
3. The Court may, in its discretion, sua sponte dispense with the requirement of Counsel's Pre-Trial Conference and request that the Court Administrator schedule a Pre-Trial Conference between the assigned Judge and Counsel.
Clinton County Local Rule of Civil Procedure 205.2(a). Required Redaction of Pleadings and Other Papers Filed with the Court.
Unless required by an applicable law or rule of court, or unless ordered by the court, any party or non-party filing a document in the Prothonotary's Office must redact identifying information appearing in the filing, including any attachments thereto, as follows:
(1) An individual's or business entity's social security number or taxpayer identification number must be redacted, provided that the filing may include the last four digits of the social security number or employer identification number;
(2) With respect to any financial account number, including but not limited to any bank account, investment account, or credit card account, the account number must be redacted, as well as any PIN, password or other number used to secure such account, provided that the filing may include the last four digits of the account number;
(3) The court may order, for good cause shown in a specific case, that additional information must be redacted from any filing, including but not limited to the home street address or driver's license number of a specified individual, medical records, treatment, diagnosis, individual financial information and proprietary or trade secret information;
(4) The court may order the person making a redacted filing to file, in addition, an unredacted copy under seal; and
(5) Where the court has permitted a filing to be made under seal, the court may later unseal the filing and may order the filing party to redact the filing at that time.
The responsibility for redacting the identifying information rests with the party or non-party making the filing and his or her counsel. Legal papers will not be reviewed by the Prothonotary for compliance with this Rule.
Clinton County Local Rule of Civil Procedure
No. 205.2(b). Motion Cover Sheet.The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, preliminary objection, exception, or stipulation, that the filing party desires to bring before the court, except a motion for a continuance.
1. A cover sheet substantially in the form set forth in subsection 7 of this section shall be attached to the front of every request for a court order to which this rule applies. Any request for relief on the front of which an applicable Pennsylvania Rule of Civil Procedure requires a specific order or notice to be attached shall include that order or notice directly following the cover sheet.
2. The cover sheet shall consist of only one page. Captions may be abbreviated. If additional space is necessary to list counsel and unrepresented parties, a separate sheet may be attached. The filing party or counsel shall be responsible for identifying all parties and others to be given notice or their counsel on the cover sheet. If a party was not served with a copy of the executed cover sheet as a result of an omission of the filing party, the argument or hearing may be rescheduled or, in the discretion of the court, the request for relief may be denied.
3. If a cover sheet is not attached as required by this rule, the court may choose not to act upon the request for relief until an appropriate cover sheet is filed. If the filing party does not attach a cover sheet as required by this rule, a cover sheet, along with a copy of the original motion may be filed by any party, or the court.
4. If expedited consideration by the court is requested or required by statute or rule of procedure, the reason for such consideration shall be set forth on the cover sheet. Such consideration must be requested if the date of the pretrial conference has been set or if the case has already been pretried.
5. A proposed order granting the relief requested shall be attached to the cover sheet.
6. The court shall schedule argument, hearing or briefing as the court may require, note the scheduling information on the cover sheet, and issue the scheduling order appearing on the cover sheet. The prothonotary shall docket and promptly forward the completed cover sheet to all parties identified on the cover sheet.
7. The form of the cover sheet shall be substantially as follows:
COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA
MOTION COVER SHEET
CAPTION (may be abbreviated) DOCKET NO. ______ Case Assigned to Judge ______ vs. ____ NONE 1. NAME OF FILING PARTY:
2. FILING PARTY'S ATTORNEY:
3. TYPE OF FILING:
4. THE FOLLOWING IS/ARE REQUESTED:
[ ] Argument
[ ] Evidentiary Hearing
[ ] Court Conference
[ ] Rule to Show Cause
[ ] Issue an Appropriate Order
[ ] Entry of Uncontested Order
(attach supporting documentation)
[ ] Expedited Consideration.
State the Basis:
_________________
_________________
_________________
[ ] Telephone Conferencing Requested. (Telephone number shall be provided to court administrator prior to hearing.)
[ ] Video Conferencing Requested.
[ ] Attach this Cover Sheet to the Original Motion Previously Filed on: ______
[ ] Other: _________________
5. Agreement of Opposing Part Sought?
Yes/No
If yes, was it granted or denied? ______
6. TIME REQUIRED:
_________________
7. NAMES AND ADDRESSES OF ALL COUNSEL OF RECORD AND UNREPRESENTED PARTIES:
[ ] Continued on Separate Sheet.
ORDER 1. ______ An ______ Argument ______ Factual Hearing ______ Court Conference is scheduled for ______ at _____ __ .M. in Courtroom No. ______ , Clinton County Courthouse, Lock Haven, PA.
2. ______ Briefs are to be filed by the following dates:
Filing Party ______
Responding Party/Parties ______
3. ______ A Rule is issued upon Respondent to show cause why the Petitioner is not entitled to the relief requested.
4. ______ A Response to the Motion/Petition shall be filed as follows: _________________ .
5. ______ See Order Attached. ______ See Separate Order Issued This Date.
6. ______ Other: _____________________________________ .
DATE: ______ __________
JUDGE
cc: ALL PARTIES OR OTHERS TO BE SERVED WITH NOTICE MUST BE DESIGNATED IN ''7'' ABOVE.
Clinton County Local Rule of Civil Procedure No. 1920.31. Filing a Claim for Alimony Pendente Lite.
(a.1) Upon request the Court of Common Pleas shall schedule a hearing to determine whether Alimony Pendente Lite shall be awarded. The Scheduling Order shall direct that the matter be referred to the Domestic Relations Office to determine the parties' incomes prior to the hearing before the Court. The Court in its discretion may decide the amount of Alimony Pendente Lite, or may refer the matter to the Domestic Relations Section to calculate the award.
(a.2) This Rule shall not apply to orders for spousal support which automatically convert to Alimony Pendent Lite upon the entry of a divorce decree where economic claims remain pending. See Pa.R.C.P. Rule 1920.31(d).
Clinton County Local Rule of Criminal Procedure No. 506.1. Private Criminal Complaint for Violation of Order or Agreement Entered Pursuant to the Protection from Abuse Act (23 Pa.C.S.A. § 6101, et seq.) or the Protection of Victims of Sexual Violence or Intimidation Act (42 Pa.C.S.A. § 62A01, et seq.).
(a) In lieu of filing a complaint with the police, a plaintiff may file a private criminal complaint against a defendant alleging indirect criminal contempt for a noneconomic violation of any provision of an order or court-approved consent agreement issued under the Protection from Abuse Act, 23 Pa.C.S. § 6101 et seq., with the Office of District Attorney, the Court or the Magisterial District Judge in the district where the violation occurred in accordance with the following procedure:
(1) With the Office of District Attorney—The Plaintiff may file with the Office of District Attorney a private criminal complaint on a form approved by the Court. The District Attorney's Office shall review the complaint and approve or disapprove it without unreasonable delay. If the District Attorney approves the complaint, the attorney shall indicate this decision on the complaint form and shall docket the complaint with the Clerk of Courts. The Clerk of Courts shall forward it to the Judge who handled the original order or consent agreement. The Judge shall review the allegations and if the Judge finds that probable cause exists, the judge shall issue a warrant. The court shall forward the warrant to the Sheriff of Clinton County.
The Sheriff shall serve the warrant upon the defendant and take the Defendant before the Court without unnecessary delay. If the Court is not in session the Defendant shall be taken to the appropriate Magisterial District Judge. The defendant shall be afforded a preliminary arraignment pursuant to 23 Pa.C.S. § 6113(d) or 42 Pa.C.S.A. § 62A12(c) and bail shall be set (and the Court shall be notified if arraignment occurs in front of a Magisterial District Judge). The court shall schedule a hearing within ten (10) days of the filing of the private criminal complaint. If the Judge finds that sufficient grounds are not alleged in the complaint, the Judge may summarily dismiss the complaint without a hearing.
If the District Attorney disapproves the complaint, the attorney shall state the reasons on the complaint form and return it to the affiant. Thereafter, the affiant may petition the court of common pleas and proceed pro se in accordance with subsection (2).
(2) With the Court or the Magisterial District Judge in the district where the violation occurred—The Plaintiff may file with the Court or the Magisterial District Judge in the district where the violation occurred a private criminal complaint on a form approved by the court. After the complaint is filed, it shall be immediately forwarded to the Office of the District Attorney (unless the District Attorney has already disapproved the complaint, in which case the affiant shall proceed pro se), who shall review it and follow the procedure outlined in subsection (a)(1) of this Rule.
[Pa.B. Doc. No. 16-1715. Filed for public inspection October 7, 2016, 9:00 a.m.]
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