THE COURTS
LANCASTER COUNTY
Amendment of Local Rules of Civil Procedure; CI-17-00765
[47 Pa.B. 6044]
[Saturday, September 30, 2017]
Administrative Order And Now, this 13th day of September 2017, it is hereby Ordered that the following Local Rules of Civil Procedure of the Court of Common Pleas of the 2nd Judicial District of Pennsylvania, Lancaster County, are amended as indicated, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.
The Lancaster County District Court Administrator is Ordered to do the following:
1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.
2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish these Rules on the Lancaster County Court website at www.court.co.lancaster.pa.us.
4. Incorporation of the local rule into the set of local rules on www.court.co.lancaster.pa.us within thirty (30) days after the publication of the local rule in the Pennsylvania Bulletin.
5. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.
By the Court
DENNIS E. REINAKER,
President JudgeRule 205.4. Electronic Filing and Service of Legal Papers.
A. ''Electronic Service'' (e-service) means the electronic transmission of documents to a party, attorney or representative under these rules. Electronic service does not include service of process or summons to gain jurisdiction over persons or property.
1. Civil Actions filed in the Court of Common Pleas of Lancaster County may be filed by electronic filing or eFiling. Also, parties may electronically serve other Advanced File & Serve registered users of the system.
2. Registration. Any person intending to use eFile must register with File and Serve Express (FileandServeXpress.com).
B. Form of Documents Electronically Filed.
1. Format. To the extent practicable it shall be formatted in accordance with the applicable rules governing formatting of paper documents, and in such other and further format as the Court may require from time to time. A document may exceed page limitation rules to a maximum of two (2) additional pages when the additional pages are attributed to the electronic conversion of filing process. The eFile system will automatically convert any filing to PDF format, but the original format will be available for downloading. The official record of the court is the PDF version.
2. Title of Documents. The title of each electronically filed document shall include: (1) Party or parties filing the document; (2) Descriptive title of the document; (3) Party or parties against whom relief, if any, is sought, and (4) Nature of the relief sought (e.g. Defendant ABC Corporation's Motion for Summary Judgment Against Plaintiff Jones).
3. Signature.
a. Each electronically filed document shall be deemed to have been signed by the attorney or party represented by an attorney authorizing such filing and shall bear a facsimile or typographical signature of such person, e.g. ''/s/Adam Attorney''. Each document eFiled by an attorney shall also include the typed name, address, and telephone number of the attorney or unrepresented party filing such document. Attorneys shall include their Pennsylvania bar number. Each electronically filed declaration and affidavit shall be deemed to have been signed by the declarant or affiant if an attorney or party not represented by an attorney has authorized such filing. Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) may also be filed electronically by indicating in the original signatures are maintained by the filing party in paper-format.
b. The electronic filing of a legal paper constitutes a certification by the filing party that the original hard copy was properly signed and, where applicable, verified; and a certification as provided by the signature to a legal paper under Pa.R.C.P. 1023(b), the violation of which shall be subject to the sanction provided in Pa.R.C.P. 1023(c). The filing party shall maintain the original hard copy of the document filed. Any other party at any time may require the filing party to file the original hard copy by filing with the Prothonotary and serving upon the filing party a notice to file the original hard copy with the Prothonotary within fourteen days of the filing of the notice.
4. Filing Related Documents.
a. Pleadings seeking judicial action such as Proposed Orders shall be filed separately.
b. Documents may be filed in electronic form, except that paper copies of any legal paper required by court rule or statute to be in paper form shall also be filed in the form required. In the case of original process filed to commence an action, the filing party shall provide a sufficient number of paper copies of an electronically filed document in order to permit service by the Sheriff.
C. Public Access to the Docket.
1. The Prothonotary shall make a Public Access Terminal available to the general public to allow access to the Court's electronic case record in all eFiled cases. Copies made from the Court's electronic case records system shall be printed by the Prothonotary and copying fees will be charged in accordance with the Prothonotary's usual fee schedule.
D. Filing Fees.
1. Filing fees will be billed by File and Serve Express using the billing arrangements established through the File and Serve Express registration process.
2. Filing fees billed by File and Serve Express shall include Prothonotary's statutory filing fees.
E. Sealed Documents.
1. Documents intended to be filed under seal shall be designated by the filing party as ''sealed'' in the eFile system.
2. The filing details and document title will appear in the eFile system. The document can be viewed only by the Court, the Prothonotary staff, the filer, and those case participants who received service of that particular document. A party that was not served with the document can see only the document title in the case details, however, that party is not able to open or view the document.
F. Time of eFiling and eService
1. Any document filed electronically by 11:59 p.m. ET shall be considered eFiled with the court once the transmission is successfully completed (''authorized date and time'') as recorded on the File and Serve Express System.
2. Delivery of e-service documents through File and Serve to other registered users shall be considered as valid and effective service and shall have the same legal effect as an original paper document. Recipients of e-service documents shall access their documents through the File and Serve system.
3. For the purpose of computing time to respond to documents received via e-service, any document served on a day or at a time when the court is not open for business shall be deemed served at the time of next opening of the court for business.
4. Parties who register to use File and Serve Express consent to receive e-service documents, other than service of subpoenas or summons.
G. Obligation of Registered eFile Users to Maintain Proper Delivery Information
Parties or attorneys who register to use the File & Serve system shall notify File and Serve Express within ten (10) days of any change in firm name, delivery address, fax number or e-mail address.
Revised 7-12-17 Effective 10-30-17
Rule 208.3(a). Procedure for Disposition of Motion.
A. Praecipe for Disposition. Motions will be sent to the assigned judge for disposition upon completion of the briefing schedule pursuant to L.C.R.C.P. No. 208.3(b) below or by praecipe of any party, unless the parties agree to extend the briefing schedule. If the parties agreed to extend the briefing schedule, the parties shall file a Notice of Extension of Briefing Schedule setting forth the agreed upon extension. The motion(s) at issue will be sent to the assigned judge for disposition upon completion of the agreed upon briefing schedule or by praecipe of any party.
B. Oral Argument. Any party may request oral argument by filing a praecipe at the time a brief is filed pursuant to Local Rule 208.3(b)A., B., or C.
C. Emergency Motions. Emergency motions must be presented to the assigned judge, or in the assigned judge's absence the business judge who will advise the parties how to proceed.
Revised 7-12-17 Effective 10-30-17
Rule 1028(c). Preliminary Objections.
A. Preliminary Objections Pursuant to Pa.R.C.P. No. 1028(a)(2), (3) or (4).
1. Proposed Order. All preliminary objections shall be accompanied by a proposed order.
2. Stipulated Matters. If the parties agree to the relief sought, the preliminary objections shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a proposed order and a praecipe to assign the stipulated matter for disposition.
3. Brief. The party filing preliminary objections shall file a supporting brief within ten days of the date of filing of the preliminary objections. If a supporting brief is not filed within ten days of the filing of the preliminary objections, the preliminary objections shall be deemed withdrawn upon praecipe of the respondent. In that event, the objecting party shall file an answer to the complaint within twenty days of the date the praecipe is filed.
4. Responsive Brief. If a supporting brief is filed, the respondent shall file a responsive brief within twenty days after service of the supporting brief.
5. Reply Brief. The moving party may file a reply brief within five days after service of the responsive brief.
6. Assignment. After all briefs are filed the Prothonotary shall deliver the file to the assigned judge for disposition.
7. Oral Argument. Any party may request oral argument by filing a praecipe at the time of the filing of their brief. Oral argument shall be at the discretion of the judge.
B. Preliminary Objections Pursuant to Pa.R.C.P. No. 1028(a)(1), (5 ) or (6).
C. If the parties agree to extend the briefing schedule, the parties shall file a Notice of Extension of Briefing Schedule setting forth the agreed upon extension. The Objection(s) at issue will be sent to the assigned judge for disposition upon completion of the agreed upon briefing schedule or by praecipe of any party.
Any party filing preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5) or (6) shall attach a notice to plead. Such objections are governed by Local Rules 206.1(a), 206.4(c) and 206.7.
Revised 7-12-17 Effective 10-30-17
Rule 1301. Compulsory Arbitration. Scope.
A. All civil suits or actions and landlord tenant disputes, where the amount in controversy is $50,000.00 or less, when at issue, shall first be submitted to arbitration. In all landlord tenant disputes where the amount of alleged damages in controversy is $50,000 or less, the arbitrators may award possession of the property in addition to any damages proven.
B. This Rule shall not apply to cases involving title to real estate, cases which have been consolidated for trial with cases involving more than $50,000.00 or cases requiring equitable or declaratory relief.
C. A case is at issue 120 days after the filing of the answer.
D. When the case is at issue, the Prothonotary shall notify the District Court Administrator.
Revised 7-12-17 Effective 10-30-17
[Pa.B. Doc. No. 17-1610. Filed for public inspection September 29, 2017, 9:00 a.m.]
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