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PA Bulletin, Doc. No. 18-1926

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[48 Pa.B. 7636]
[Saturday, December 15, 2018]

Order

 And Now, this 4th day of December, 2018, Dauphin County Local Rule 215.4 is amended as follows:

Rule 215.4. [Complex Litigation Designation]: Application for Appointment of a [Single] Judge for All Pretrial Matters and Trial.

 [At anytime after the service of the complaint, any party to a case may file a pleading designated as an Administrative Application for Complex Case Designation. The Application shall be set forth in paragraph form. An original and one copy of the Application shall be filed with the Prothonotary. The Application shall set forth the parties, the causes of action, the nature of cross or counter claims, and a brief statement of the perceived complexities of the case. The Application shall further aver that all other parties have been contacted and shall state whether or not they concur in the Application. Where concurrence has not been obtained, a Rule to Show Cause, returnable within ten days of service, shall be attached to the Application. The Prothonotary shall forward the original Application to the Court Administrator's Office for further processing and shall retain the copy in the file. The Court Administrator's Office shall thereafter refer the matter to the Civil Calendar Judge who, upon review of the Application and any answer thereto, shall determine whether complex litigation designation is appropriate. If such status is granted, the Civil Calendar Judge shall by order assign the case to a member of the Court. This assignment shall be considered permanent for all pre-trial, trial, and post-trial matters.]

 After service of the complaint, any party may file with the Prothonotary an original and copy of an Application for Appointment of a Judge for All Pretrial Matters and Trial. The Application shall identify the parties, the causes of action, the nature of any cross or counterclaims and a brief summary of the perceived discovery issues and any other pretrial or trial complexities. The Application shall aver whether all other parties concur with the request. If not all parties concur, a Rule to Show Cause shall be attached to the Application. The original Application shall be forwarded to the Court Administrator's Office for assignment to the Civil Calendar Judge who will, if deemed warranted, assign the case to a judge for all pretrial matters and trial.

 A denial by the Civil Calendar Judge [of complex litigation designation] shall be without prejudice to refile another Application after the pleadings are closed.

 Comment: The Court is seeing an increased number of cases that will benefit from the early involvement of a judge, such as complicated commercial and medical malpractice cases, multiple motor vehicle/fatality cases, and novel product liability cases. This rule allows counsel to bring to the attention of the Court those cases that may require early judicial attention. The assigned judge can provide sustained and consistent pretrial management and preside at trial with a thorough understanding of the case, presumably expediting its conclusion through mediation or trial.

 This amendment shall be effective thirty (30) days from date of publication.

By the Court

RICHARD A. LEWIS, 
President Judge

[Pa.B. Doc. No. 18-1926. Filed for public inspection December 14, 2018, 9:00 a.m.]


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