THE COURTS
NORTHUMBERLAND COUNTY
Local Rule—NCV-76 through NCV-4009; No. AD-2017-5
[47 Pa.B. 5781]
[Saturday, September 16, 2017]
Order And Now, this 21st day of August, 2017, it is hereby Ordered that, effective November 1, 2017, Northumberland County Local Rules 76 through 4009 are hereby Amended.
The Northumberland County District Court Administrator is directed as follows:
(1) File one (1) copy of the Administrative Order with Amended Local Rules with the Administrative Office of Pennsylvania Courts.
(2) Two (2) copies of the Administrative Order with Amended Local Rules shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One certified copy with Amended Local Rules shall be sent to the Northumberland County Law Library and the Editor of the Northumberland County Legal Journal.
(4) Publish a copy of the Administrative Order with Amended Local Rules on the web site of Northumberland County.
(5) Thereafter, compile the Amended Local Rules within the complete set of local rules no later than 30 days following the publication in the Pennsylvania Bulletin.
It is further Ordered that a copy of the Amended Local Rules shall be kept continuously available for public inspection and copying in the office of the Prothonotary of Northumberland County.
By the Court
CHARLES H. SAYLOR,
President Judge[Rule NCV-76. Definitions.]—(Abrogated)
[Rule NCV-205.2. Pro Se Filings.]—(Abrogated)
Rule NCV-205.2(a). Physical Characteristics of Pleadings and Other Legal Papers.
(1) All papers filed shall be prepared on letter size paper, double spaced, margins not less than 3/4" on the left side and 1/4" on right side of paper, and single sided.
(2) The first page shall contain a 3" space from the top of the page for all stampings, filing, and notices and notations. Beginning at the left-hand margin 3" from the top of the page, the attorney name, attorney identification number, firm name, address and telephone number shall appear in that order. It must state the designation of the party being represented, i.e. ''Attorney for Plaintiff'' or ''Attorney for Defendant [name].'' The case caption shall follow with the number appearing on the right side.
(3) Any change of address shall be promptly filed on a separate paper entitled ''Notice of Change of Address.''
(4) Any proposed orders shall be separately attached, except a proposed rule to show cause or order for hearing which shall be attached as the first page after any cover sheet required by NCV-205.2(b).
Rule NCV-205.2(b). Cover Sheet Form.
(1) A civil cover sheet in the form set forth herein shall be attached to any legal paper such as a petition or motion that requires a hearing or argument date, for purposes of scheduling by the Court Administrator's office.
(2) The form of the civil cover sheet is as follows:
COVER SHEET
(All Items Must Be Completed)1. CAPTION:
___________________________
VS.___________________________
CASE NO: _________________
2. ATTORNEY FOR EACH PARTY:
(If no attorney, please list address and telephone number of all parties).
Plaintiff: _________________
Address: _________________
_________________
Phone: _________________
Fax: _________________
Email: _________________Defendant: _________________
Address: _________________
_________________
Phone: _________________
Fax: _________________
Email: _________________3. Has any matter in this case or a companion case been before a Judge? __________
If yes, please provide the Judge's name: __________
If Yes, what type of hearing(s): __________
4. How much time is required before the Court? __________
(Note: You will be limited to the time required.)
5. How much notice must be given prior to the hearing? __________
6. Are there any other scheduled dates or matters pending before the Court? __________
If yes, what and when? __________
7. Please list dates you ARE NOT available for Court. Continuances will not be granted except for extraordinary circumstances.
__________
__________
By: _________________ Attorney For: _________________
Rule NCV-206.1(a). Petitions.
(1) A petition is a request which seeks relief ancillary to a given cause of action and which avers facts not of record.
(2) The designated applications which are to proceed in the manner of a petition under Pa.R.C.P. No. 206.1 et seq. would be any application for relief other than a motion and not otherwise covered by these rules, for which a rule to show cause is typically issued.
Rule NCV-206.4(c). Issuance of a Rule to Show Cause (Discretionary Issuance).
(1) A petitioner seeking the issuance of a rule to show cause shall follow Pa.R.C.P. 206.5 (discretionary issuance), including the requirement of notice to all other parties of the intention to request the court to issue the rule, by filing a certificate of service of such notice.
(2) The petition shall set forth a citation to applicable legal authority being asserted as the basis for requested relief.
(3) The request for the issuance of the rule shall be reviewed by the court as to whether it is properly pleaded, and states prima facie grounds for relief.
(4) Every petition under Pa.R.C.P. 206.1(a) shall include as the first page after any cover sheet required by 205.2(b) a proposed rule to show cause in the following form:
ORDER AND NOW, this ______ day of ______ , 20______ , upon consideration of the foregoing petition, it is hereby ordered that:
(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
(2) the respondent shall file an answer to the petition within ______ days of this date;
(3) an evidentiary hearing on disputed issues of material facts shall be held on the ______ day of ______ , 20______ , at _____ o'clock, ______.m., in Courtroom No. _____ of the Northumberland County Court house, 201 Market Street, Sunbury, Pennsylvania.
(4) Notice of the entry of this order shall be provided to all parties by the petitioner, and a certificate of service filed.
BY THE COURT:
_________________
J.(5) All petitions addressed to the Court shall be filed with the Prothonotary, who shall promptly file-stamp same and make a brief docket entry. At least one (1) copy of the proposed order shall be presented to the Prothonotary with the original, which shall be retained by the Prothonotary while the original proposed order and copy of the petition is forwarded to the Court Administrator for consideration by the Court. Any such papers needing prompt court attention, after filing as noted above, may be forwarded immediately to the Court Administrator by the attorney filing such papers.
(6) The petition must be accompanied at the time of filing with stamped, addressed envelopes for each attorney of record and any unrepresented party along with sufficient copies of the petition and proposed rule to show cause or other proposed order for each of them.
(7) A party may request oral argument as to any petition and answer by promptly filing a praecipe for argument.
[Rule NCV-208. Continuances—(Renumbered as Rule NCV-216).]
Rule NCV-208.2(c). Motion to Include Statement of Applicable Authority.
All motions, except continuances or scheduling matters, must include a brief statement of the applicable authority by citation to a statute, rule of court or other authority being asserted as the basis for the requested relief.
Rule NCV-208.2(d). Certification of Uncontested Motions.
If counsel for the moving party determines that a motion is uncontested by all parties involved in the case, counsel shall file a certification that the motion is uncontested, and provide a proposed order.
Rule NCV-208.2(e). Certification in Discovery Motion of Attempt to Resolve.
A motion relating to discovery must include a certification by counsel for the moving party that an attempt was made by reasonable effort to resolve the matter.
Rule NCV-208.3(b). Responses to Motions.
(1) Any responses to a motion shall be filed within twenty (20) days after service of the motion, unless the time for filing the response is modified by court order.
(2) A brief need not be filed with a response.
Rule NCV-210. Briefs.
(1) The brief of the moving party shall set forth the procedural history, the relevant facts, the questions involved, argument and conclusion.
(2) The response brief need only contain argument and conclusion. If a counter statement of the facts or the questions involved is not set forth, the statements of the moving party shall be deemed adopted.
(3) Briefs shall be submitted on 8 1/2 × 11 inch paper and shall be double spaced.
(4) Briefs are to be submitted in duplicate to Chambers directly, and not filed with the Prothonotary.
(5) The moving party shall submit a brief fourteen (14) days before the date set for argument. The response brief is due seven (7) days after receipt of the moving party's brief, but no later than three (3) days before argument.
Rule NCV-211. Oral Argument.
(1) In order to obtain a date and time for oral argument, a party shall file a praecipe for argument with the Prothonotary, who shall forward to the Court Administrator.
(2) Where the resolution of factual issues necessitates the taking of testimony before the Court, such fact shall be noted on the praecipe.
(3) Upon written motion, continuance of the argument may be granted for cause shown or upon agreement of the attorneys with approval of the Court. The matter shall be scheduled on the next argument date unless otherwise specified by the Court.
(4) Cases on the argument list ordinarily require oral arguments and briefs unless the Court agrees to consider the case on briefs only. Briefs shall be in accord with Rule NCV-210. Requests for ''BRIEFS ONLY'' listing shall be made in writing with the Court Administrator.
(5) Failure to file briefs in accordance with the established deadlines may be considered by the Court to be a withdrawal of the matter listed by the moving party or the withdrawal of opposition thereto by the opposing party, as the case may be, and the Court may make an appropriate order disposing of the same.
Rule NCV-212.2. Pre-Trial Memorandum Form.
NORTHUMBERLAND COUNTY
PRE-TRIAL MEMORANDUM
CIVIL CASESNOTE: The memorandum is to be submitted to the Court and to each party at least 5 (five) days prior to the time of the scheduled pre-trial conference.
(CAPTION)
CASE NO. __________
NAME OF PARTY __________
NAME OF ATTORNEY __________
DATE & TIME OF PRE-TRIAL __________
1. List all parties and counsel to action.
2. A summarized version of facts.
3. Legal theory of liability—list those theories upon which you will rely, each party may be limited to those theories at trial.
4. If there is a counterclaim, set forth the theory of liability.
5. Damages—give detailed description and itemized statement of damages.
6. Names of witnesses:
(a) Definite witnesses and scope of testimony (liability, damages or both).
(b) Possible witnesses and scope of testimony (liability, damages or both).
7. Expert witnesses—state expected scope of testimony.
8. Exhibits—list all exhibits and indicate whether or not they have been shown to opposing counsel. Each party may be limited to the use of the listed exhibits at trial.
9. Scheduling—list any unusual scheduling problems which are anticipated. Civil trials are held in February, June, September, and December.
10. Requested stipulations (qualification of experts, admissibility of documents, special damages, etc.)
11. Unusual legal issues—issues on which trial briefs should be required.
12. Has there been a timely demand for a jury trial? Yes _____ No _____
13. Estimated time to try the case.
14. Outstanding motions.
15. Settlement—your lowest demand or highest offer $ ______ .
(party must be available in person or by phone at the time of pre-trial conference for purpose of settlement discussions).
16. Miscellaneous—list any matter which you feel is important but which hasn't been covered.
17. Pre-trial orders requested.
Respectfully submitted:
_________________
Counsel for: _________________
Rule NCV-212.3. Trial Scheduling and Pre-Trial Conference.
A. When the pleadings are closed, any party whose depositions and discovery proceedings have been completed may place the case on the trial list through the filing of a praecipe with the Prothonotary, who shall forward a copy of same to the Court Administrator. The party placing the action on the trial list shall immediately notify all other parties. Failure to give such notice shall be grounds for striking the action from the trial list at the request of any party who was not given notice.
B. Pre-Trial Conference:
1. The Court Administrator shall schedule a pre-trial conference.
2. Each party shall submit, five (5) days prior to the conference, two (2) copies of the pre-trial memorandum, which shall be substantially in the form set forth in Local Rule NCV-212.2.
3. The pre-trial conference shall be attended by the attorney who will try the case or by an attorney who is fully prepared and authorized as to all matters which may arise during the conference.
4. At the pre-trial conference counsel shall be prepared to discuss all phases of their case and shall bring to the attention of the Court any special substantive or evidentiary questions of law which may reasonably be anticipated to arise during trial.
5. Counsel shall be prepared to stipulate to all matters of common agreement to the end of avoiding the necessity of formally proving matters not in dispute.
6. Counsel shall be prepared to discuss the possibility of settlement and shall make a good-faith effort to explore such possibility.
7. The Court, either during or following the pre-trial conference, may make such order or as deemed necessary, reciting the action taken, including: stipulations and other agreements of counsel; deadlines for expert reports and dispositive motions. Such order, when entered, shall control the subsequent course of the action unless modified to prevent manifest injustice.
8. If a party or his counsel fails to attend the pre-trial conference or to submit the required memorandum, or fails to comply with any pre-trial order or stipulation, the Court may, on the motion of opposing counsel, or on its own motion, impose such penalty or sanction as it deems appropriate under the circumstances.
9. Where a continuance is allowed after pre-trial conference, the case will be rescheduled for trial. A subsequent conference will be held only upon request of counsel or direction by the Court. At any such subsequent conference, the pre-trial memorandum previously submitted shall be updated if appropriate, but otherwise need not be resubmitted.
Rule NCV-216. Continuances.
The form for a continuance is as follows:
_________________ : IN THE COURT OF COMMON PLEAS : OF NORTHUMBERLAND COUNTY, PA : v. : CV- ______ ______ : _________________ : CIVIL ACTION LAW
MOTION FOR CONTINUANCE I. This motion is hereby made to continue the hearing scheduled for the _____ day of ______ , 20______ in Courtroom _____ in this matter.
II. The basis for this motion is:
__________
__________
__________
_________________ _________________
Party requesting continuance Signature of party or attorneyIII. Motion is not opposed. Moving counsel received no objection verbally from _________________ on _________________
Motion is opposed by _________________ for the following reasons:
__________
IV. The party or counsel is not available on the following dates:
__________
ORDER AND NOW, this ______ day of ______ , 20______ , it is hereby ORDERED AND DIRECTED that:
_____ The motion is DENIED
_____ The motion for continuance is GRANTED and the above hearing is hereby CONTINUED to ______ day of ______ , 20______ at ______.m. in Courtroom # _____ .
*MOVING PARTY MUST SERVE ALL APPROPRIATE PARTIES WITH THIS ORDER.*
BY THE COURT:
_________________ J.
[Rule NCV-220. Jury Size in Civil Trials.]—(Abrogated)
Rule NCV-229. Discontinuances.
No action shall be discontinued without written notice to the Court and to any attorney who has appeared for any other party in the proceeding.
[Rule NCV-261. Court Administrator.]—(Abrogated)
[Rule NCV-400.1. Untitled.]—(Abrogated)
JUDICIAL ADMINISTRATION Rule NCV-4009. Court Reporting and Transcripts of Testimony.
This local rule covers the making, preserving, transcribing, fees and requests for transcripts of the record of proceedings in Northumberland County:
(1) Pursuant to Pa.R.J.A. No. 4007, for an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original written request with the Office of the District Court Administrator. A transcript request form is available in the District Court Administrator's office.
(2) A party ordering a transcript shall make a payment in the amount of 75% of the estimated total cost of the transcript. All checks are to be made payable to ''County of Northumberland,'' and delivered to the Office of the District Court Administrator. The requesting party shall serve copies of the request upon opposing counsel or party, if party is unrepresented.
(3) Pursuant to Pa.R.J.A. No. 4008, the costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electric format shall be as follows:
(a) For an ordinary transcript, $2.50 per page;
(b) For an expedited transcript, $3.50 per page;
(c) For a same day transcript, $4.50 per page;
(d) For same day delivery, $6.50 per page;
(e) For copies .75 per page
(4) Where the Commonwealth or a subdivision thereof is liable for the cost of a transcript in an electronic format, the court reported shall be paid $2.00 per page for the original transcript.
(a) For an ordinary transcript, $2.00 per page
(b) For an expedited transcript, $2.25 per page
(c) For a daily transcript, $3.50 per page
(d) For same day delivery, $5.50 per page
(e) For copies, $.50 per page
(5) The trial judge may impose a reasonable surcharge in cases such as medical malpractice or other unusually complex litigation.
(6) When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties. Costs shall not be assessed against any party for transcripts prepared at the initiation of the Court.
(7) The fees set forth herein are the maximum costs that may be charged to litigants or the public. Court reporting fees will be distributed by the District Court Administrator to the court reporter who transcribed the notes of testimony.
(8) Transcript cost subject to waiver under P.a.R.J.A. No. 4008(B) shall be reviewed by the District Court Administrator upon written request by the party making the claim for such waiver.
[Pa.B. Doc. No. 17-1518. Filed for public inspection September 15, 2017, 9:00 a.m.]
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