THE COURTS
LANCASTER COUNTY
Amendment of Local Rules of Civil Procedure; CI-17-00765
[47 Pa.B. 959]
[Saturday, February 18, 2017]
Administrative Order And Now, this 31st day of January 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 10. Business Judge.
A. The District Court Administrator shall designate the daily Business Judge. Motions and petitions, not already assigned to a judge or dealing with matters otherwise covered by these Rules for presentation to the Court, shall be forwarded to the Business Judge by the Prothonotary or may be presented by counsel directly to the Business Judge by appointment.
Revised 1-18-17 Effective 3-20-17
Rule 27. Land Use Appeals.
A. Appeal Notice
A land use appeal shall contain:
1. A caption in substantially the following form:
Name of Appellant v. NO. CI-______ Name of municipality and name of body (i.e. zoning hearing board, governing body or or planning commission) which rendered decision LAND USE APPEAL 2. When applicable, in separately numbered paragraphs and in the following order:
a. Name and address of the appellant.
b. Name and address of the zoning hearing board, governing body or planning commission (''local agency'') which rendered the decision.
c. Name and address of the applicant to the local agency, if the applicant is not the appellant.
d. Name and address of the owners, both real and equitable, of any real estate which was the subject of the decision and identification of the real estate.
e. The chronology of the matter, including the following as applicable:
i. Date of filing application or appeal with zoning officer or other official.
ii. Date of action of the zoning officer or other official.
iii. Date of appeal from action of zoning officer or other official to local agency or date of filing application with local agency.
iv. Dates of all hearings or meetings of the local agency.
v. Date of written decision or, if applicable, date of deemed decision from which the appeal has been taken.
vi. Date written decision served.
f. The purpose for which the application was made.
g. The basis for appellant's standing to file the appeal.
h. All specific legal and factual grounds for the appeal.
i. Specific request for relief.
3. If a court reporter was present and if a transcript is not already in existence, appellant's certification that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the local agency filing the return of the record. If appellant does not include a certification that appellant has ordered the transcript, any other party may file a petition requesting the Court dismiss the appeal.
B. Intervention
1. A notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11004-A, shall contain:
a. The caption and number of the appeal.
b. Name and address of intervenor.
c. Nature of the interest of intervenor in the appeal.
d. Legal and factual circumstances under which intervenor claims a right to intervene.
e. Summary of intervenor's position and grounds therefor.
2. Pa.R.C.P. Nos. 2326—2350 shall govern all other intervention.
C. Certiorari
1. The local agency shall submit its entire record within twenty days after receipt of the writ of certiorari or receipt of the transcript(s), whichever is later, including but not limited to:
a. All original papers filed in chronological order, commencing with the application.
b. Minutes of meetings of the local agency at which the application was considered.
c. The transcript of all hearings. The local agency shall not submit its record to the Prothonotary until appellant has provided the transcript of all hearings if the transcript is not in existence and available to the local agency prior to appellant's filing the appeal.
d. The complete ordinance under which the local agency rendered its decision, including maps.
e. The findings of fact and conclusions of law of the local agency, if any, and its written decision.
f. Names and addresses of all persons the local agency recognized as parties to the proceedings.
2. The chairperson or presiding officer shall certify the submission of the record.
3. The Prothonotary shall give notice of the return of the local agency's record to appellant who shall, within four days after receipt of the notice, notify the local agency, the applicant before the local agency (if appellant was not the applicant), the legal and equitable owner of the land which was the subject of the application and all other persons recognized as parties to the local agency's proceedings. Appellant shall file proof of service.
D. Disposition
1. Within ten days after the Prothonotary gives notice of the filing of the complete return of the record, any party who believes the appeal is not ready for disposition may file a motion for a conference and a praecipe requesting that the appeal be forwarded to the assigned judge. The motion for a conference shall state why the party believes that the appeal is not ready for disposition and shall identify all actions that the party requests. At the conference, the Court may, inter alia:
a. Require or approve supplementation of the record.
b. Fix a time for a de novo hearing before the Court.
c. Employ expert(s) to aid the Court to frame an appropriate order.
d. Refer the appeal to a referee to receive additional evidence, with directions as to time deadlines and other matters the Court deems appropriate.
e. If allowed by law, remand the appeal to the local agency with directions as to time deadlines and other matters, including mediation.
2. After the conference, the Court shall issue an appropriate order addressing the filing of briefs.
3. If no party has filed a request for a conference, the appellant shall file a brief within forty days after the date the Prothonotary gives notice of the filing of the local agency's complete record. The appellant shall limit the brief to the issues appellant raised in the land use appeal. Each other party shall file a responsive brief within thirty days after service of appellant's brief. The appellant may file a reply brief within ten days after service of the responsive brief. Any party may thereafter file and serve a praecipe stating that the appeal is ready for disposition and requesting the Prothonotary to forward it to the assigned judge.
4. If appellant fails to file a brief within the time period established by Paragraph D.3 above or by the Court after a conference, any party may file and serve a praecipe stating that the appeal is ready for disposition together with a brief or may petition the Court for dismissal of the appeal. If a party files a praecipe requesting disposition due to the failure of the appellant to file a brief, the Court shall render a decision, without oral argument, on the record before it.
5. Any party may request oral argument when filing its brief. The Court shall hear oral argument at its discretion.
6. An appeal from a decision the local agency renders after a remand shall be filed and docketed to the original caption and number. The party filing such appeal shall be limited to issues arising from the remand. All other requirements of this Rule shall apply to an appeal from a decision after remand.
Revised 1-18-17 Effective 3-20-17
Rule 36. Assigned Judge.
The assigned judge is the judge who has been assigned by the Prothonotary when the action is filed, or who has been assigned by the President Judge for cases filed after April 30, 2016.
Revised 1-18-17 Effective 3-20-17
Rule 206.4(c). Petition. Rule to Show Cause.
A. The procedure of Pa.R.C.P. No. 206.6 is adopted, and a rule shall issue as a matter of course pursuant to that Rule.
B. The petitioner shall attach to the petition a proposed order substantially in the following form:
ORDER Upon consideration of the attached 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 twenty days of service.
3. The petition shall be decided under Pa.R.C.P. No. 206.7.
4. Discovery shall be completed within forty-five days of service of the answer.
5. The petitioner shall file a brief in support of the petition within twenty days after the discovery deadline. Any party opposing the petition shall file a responsive brief within ten days of service of the petitioner's brief. The petitioner may file a reply brief within five business days of service of a responsive brief. After all briefs have been filed, the Prothonotary shall notify the assigned Judge and forward the file to chambers for disposition. Any party may request oral argument by filing a praecipe requesting it when filing their brief.
6. The petitioner shall provide notice of the entry of this Order to all parties.
BY THE COURT:
_________________
J._________________
DATEC. When the petitioner requests a hearing or argument date, the form of the order may be modified accordingly.
D. When the petitioner requests a stay, the form of the order may be modified accordingly.
E. All petitions, except as provided in F, shall be filed with the Prothonotary. The Prothonotary shall forward such petitions to the assigned judge for entry of the Order.
F. A petition which requests a stay, the filing of an answer in fewer than twenty days or other substantive relief shall be presented in person to the assigned judge. For such petitions, the Court shall not issue the rule to show cause unless:
1. It appears from the petition that reasonable notice has been given to all affected parties of the date, time and place of the presentation; or
2. It appears from the petition that there is an agreement of all affected parties; or
3. The Court in its discretion shall determine that there are extraordinary circumstances justifying immediate relief.
Revised 1-18-17 Effective 3-20-17
Rule 206.7. Procedure after Issuance of Rule to Show Cause.
If an answer is not filed, the petitioner may submit a proposed order and file a praecipe to forward the petition to the assigned judge for disposition.
Revised 1-18-17 Effective 3-20-17
Rule 208.1. Motion. Definition. Scope.
A. Motion means any application to Court for an order made in any action or proceeding that is not excluded by Pa.R.C.P. No. 208.1.
B. If the parties agree to the relief sought a motion shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a prepared order and a praecipe to assign the stipulated matter for disposition.
Revised 1-18-17 Effective 3-20-17
Rule 208.2(c). Motion. Form. Content.
A motion shall be in the form required by Pa.R.C.P. No. 208.2.
Revised 1-18-17 Effective 3-20-17
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.
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 1-18-17 Effective 3-20-17
Rule 212.1. When an Action is at Issue.
A. When an action is at issue the Prothonotary shall notify the assigned judge and forward the file to chambers.
An action is at issue as follows:
1. Expedited track: All Magisterial Judges and Arbitration appeals. Any case in the expedited track will be deemed at issue 120 days after the close of the pleadings.
2. Standard track: All other cases that are not in the expedited track or complex track. Any case in the standard track will be deemed at issue 180 days after the close of the pleadings.
3. Complex track: Cases will be considered complex if all parties agree or by order of Court.
a. If all parties agree that the case is complex, they shall file with the Prothonotary a certification signed by all parties.
b. If the assigned judge deems that the case is complex an appropriate order shall be filed.
c. Any case in the complex track will be deemed at issue 365 days after the close of pleadings.
B. Absent compelling reasons, an action that is at issue must have all discovery completed, except for the exchange of expert reports.
C. When an action is at issue the trial judge shall give notice to the parties in conformance with Pa.R.C.P. No. 212.1(a). Thereafter, the parties shall proceed in accordance with the time periods of Pa.R.C.P. No. 212.1(b).
Revised 1-18-17 Effective 3-20-17
Rule 212.2. Pre-Trial Statement.
The pre-trial statement shall be in the form prescribed by Pa.R.C.P. No. 212.2.
Revised 1-18-17 Effective 3-20-17
Rule 440.1. Proof of Service.
A proof of service shall conform to Pa.R.A.P. No. 122.
Revised 1-18-17 Effective 3-20-17
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).
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 1-18-17 Effective 3-20-17
Rule 1034(a). Motion for Judgment on the Pleadings.
A. Proposed Order. All motions shall be accompanied by a proposed order.
B. Stipulated Matters. If the parties agree to the relief sought, the motion 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.
C. Motion and Brief. The moving party shall file the motion, proposed order and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
D. Responsive Brief. Within twenty days after service of the moving party's motion and brief, any party opposing the motion shall file a responsive brief.
E. Reply Brief. The moving party may file a brief in reply to the responsive brief within five days after service of the responsive brief.
F. Disposition. After all briefs are filed the Prothonotary shall deliver the file to the assigned judge for disposition.
G. 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.
Revised 1-18-17 Effective 3-20-17
Rule 1035.2(a). Motion for Summary Judgment.
A. Proposed Order. All motions shall be accompanied by a proposed order.
B. Stipulated Matters. If the parties agree to the relief sought, the motion 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.
C. Motion and Brief. The moving party shall file the motion, a proposed order and a supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
D. Responsive Brief. Within thirty days after service of the moving party's motion and brief, any party opposing the motion shall file a responsive brief, together with any opposing affidavits, depositions, transcripts or other documents. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
E. Reply Brief. The moving party may file a brief in reply to the responsive brief within five days after service of the responsive brief.
F. Disposition. After all briefs are filed the Prothonotary shall deliver the file to the assigned judge for disposition.
G. 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.
Revised 1-18-17 Effective 3-20-17
[Pa.B. Doc. No. 17-280. Filed for public inspection February 17, 2017, 9:00 a.m.]
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