THE COURTS
Title 255—LOCAL COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[49 Pa.B. 5444]
[Saturday, September 21, 2019]
Order And Now, this 10th day of September, 2019, Dauphin County Local Rule of Civil Procedure 14 is promulgated and Local Rules of Civil Procedure 205.2(a), 210, 1028(c), 1034(a) and 1035.2(a) are amended as follows:
Rule 14. Land Use Appeals.
(1) Notice of Appeal—Content: A land use appeal shall contain the following information:
(a) A caption in substantially the following form:
Name of Appellant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : : No. ______ Name of municipality of name of body : (i.e. zoning hearing board, governing : body or planning commission) which : CIVIL ACTION—LAND USE APPEAL rendered decision :
(b) When applicable, in separately numbered paragraphs and in the following order:
(i) Name and address of the appellant.
(ii) Name and address of the zoning hearing board, governing body or planning commission (''local agency'') which rendered the decision. If the local agency issued a written decision, appellant shall attach a copy of the written decision to the appeal notice.
(iii) Name and address of the applicant to the local agency, if the applicant is not the appellant, and of all other persons or entities recognized as parties to the proceeding before the local agency.
(iv) Name and address of the owners, both real and equitable, of any real estate which was the subject of the decision and a description sufficient to identify the real property.
(v) The procedural history of the matter, including the following as applicable:
(a) Date of filing application or appeal with zoning officer or other official.
(b) Date of action of the zoning officer or other official.
(c) Date of appeal from action of zoning officer or other official to local agency or date of filing application with local agency.
(d) Dates of all hearings or meetings of the local agency.
(e) Date of written decision or, if applicable, date of deemed decision from which the appeal has been taken.
(f) Date written decision served.
(vi) The basis for the Court's jurisdiction of an appeal from the local agency's decision.
(vii) The basis for appellant's standing to file the appeal.
(viii) All specific legal and factual grounds for the appeal.
(ix) Specific request for relief from the Court.
(2) Service of the Land Use Appeal Notice. Within seven (7) days of filing the land use appeal notice with the Prothonotary, appellant shall serve a copy of the land use appeal notice upon the local agency, the applicant before the local agency (if appellant was not the applicant), the legal and equitable owner of the real property which is the subject of the appeal and all other persons or entities recognized as parties to the proceedings before the local agency. Service upon the local agency's counsel and upon counsel for parties represented by counsel before the local agency shall be sufficient. Appellant shall file proof of service with the Prothonotary within three (3) days of making service.
(3) Transcript of Proceedings before the Local Agency. 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 to be filed with 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.
(4) No Answer to Land Use Appeal Notice. No answer need be filed to a land use appeal notice. The grounds for the appeal set forth therein shall be deemed to be denied and at issue.
(5) Intervention
(a) A notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11004-A, shall contain:
(i) The caption and number of the appeal.
(ii) Name and address of intervenor.
(iii) Nature of the interest of intervenor in the appeal.
(iv) Legal and factual circumstances under which intervenor claims a right to intervene.
(v) Summary of intervenor's position and grounds therefor.
(b) Any person or entity who wishes to intervene in an appeal of a land use matter and who cannot intervene as a matter of right pursuant to Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P.S. Sec. 1104-A, shall file a petition to intervene pursuant to Pa.R.C.P. 2326 et seq. In addition to the information required by Pa.R.C.P. 2328, the petition shall contain:
(i) The caption and number of the appeal.
(ii) Name and address of intervenor.
(iii) Nature of the interest of intervenor in the appeal.
(iv) Legal and factual circumstances under which intervenor claims a right to intervene.
(v) Summary of intervenor's position and grounds therefor.
(6) Certiorari to the Local Agency
(a) The local agency shall submit its entire record within twenty (20) days after receipt of the writ of certiorari or receipt of the transcript(s), whichever is later, including but not limited to:
(i) All original papers filed in chronological order, commencing with the application or appeal filed with the local agency.
(ii) Minutes of meetings of the local agency at which the application was considered.
(iii) 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. In the event that the appellant has not provided the local agency with a transcript within forty-five (45) days of the filing of the appeal, the local agency shall submit its record to the Prothonotary with a certification that a transcript has not been provided and the reason.
(iv) The complete ordinance under which the local agency rendered its decision, including maps.
(v) All exhibits received or offered into evidence before the local agency.
(vi) The findings of fact and conclusions of law of the local agency, if any, and its written decision.
(vii) Names and addresses of all persons the local agency recognized as parties to the proceedings.
(b) The chairperson, presiding officer, keeper of the records, or solicitor of the local agency shall certify the submission of the record.
(c) The Prothonotary shall give notice of the return of the local agency's record to appellant who shall, within seven (7) 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, any intervenors in the appeal, and all other persons recognized as parties to the local agency's proceedings. Service upon the local agency's counsel and upon counsel for parties represented by counsel before the local agency shall be sufficient. Appellant shall file proof of notice with the Prothonotary within three (3) days of making service.
(d) Contemporaneously with giving notice of the filing of the complete return of the record, the Prothonotary shall forward the appeal to Court Administration for assignment to a Judge of the Court of Common Pleas. Court Administration shall assign appeals to the judges on a rotating basis.
(7) Disposition
(a) Within thirty (30) 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 an Administration Application for Status Conference pursuant to Local Rule 215.3. The application 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.
(b) At the status conference, the Court may, inter alia:
(i) Require or approve supplementation of the record.
(ii) Schedule a time for a de novo hearing before the Court.
(iii) Employ expert(s) to aid the Court to frame an appropriate order.
(iv) Refer the appeal to a master to receive additional evidence, with directions as to time deadlines and other matters the Court deems appropriate.
(v) If allowed by law, remand the appeal to the local agency with directions as to time deadlines and other matters, including mediation.
(c) After the conference, the Court shall issue an appropriate order addressing the filing of briefs.
(d) If no party has filed an Administrative Application for Status Conference, the standard briefing schedule shall be as follows:
(i) The appellant shall file a brief within sixty (60) days after service of 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.
(ii) Each other party shall file a responsive brief within thirty (30) days after service of appellant's brief.
(iii) The appellant, and any party which supports appellant's position, may file a reply brief within fifteen (15) days after service of the responsive brief.
Any party may thereafter file an original and one copy of a Certificate of Readiness with the Prothonotary. The Certificate of Readiness must indicate whether or not oral argument is requested by any party.
(e) If appellant fails to file a brief within the time period established by Paragraph (7)(d) above or by the Court after a conference, and no other party files a brief in support of appellant's position, then any other party to the appeal may petition the Court for dismissal of the appeal. If appellee fails to file its brief within the time period established by Paragraph (7)(d) above or by the Court after a conference, then the Court may consider appellee to have abandoned its position and proceed to dispose of the appeal on the merits upon the filing of a Certificate of Readiness.
(8) Appeal after Remand. An appeal filed from a decision rendered by a local agency after a remand from this Court shall be filed and docketed to the original number. All other requirements of this rule shall apply to an appeal from a decision after remand.
(9) Supersedeas. An appeal from a decision of a local agency shall not act as a supersedeas without special order of court. An appellant may file a motion for a supersedeas pursuant to the procedure set forth in Local Rule 208.3.
Rule 205.2(a). Physical Characteristics of Pleadings and Other Legal Papers.
(1) All documents filed in the Office of Prothonotary shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:
(a) The document shall be prepared on white paper of good quality and the use of recycled paper is encouraged.
(b) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.
(c) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Except as provided in subsection b, margins must be at least one inch on all four sides.
(d) The lettering shall be clear, legible and no smaller than Arial 12 point.
(e) The lettering shall be on only one side of a page.
(f) All exhibit tabs shall appear at the bottom of the pleading.
(g) No backers shall be used on the original or any copies of pleadings or other legal papers filed with the Prothonotary. The original of pleadings or other legal papers should be stapled in the top left corner. If the document is over one-half inch thick, it should be secured with a binder clip. Backers may be used for copies provided to the court, opposing parties or clients.
(h) Exhibits or attachments smaller than 8 1/2 inches by 11 inches shall be attached to a regular size paper by using adhesive tape.
(i) Pages shall be consecutively numbered beginning with page 2 and said number shall appear on the bottom center of the pleading.
(j) The name of the attorney or party, the address at which service can be made, a telephone number and email address of the attorney or party shall appear on the top left hand corner of the first page of all papers filed in the Office of the Prothonotary.
(k) With the initiating filing and all subsequent filings, in cases where medical malpractice is or will be alleged, the notation ''Civil Action—Medical Professional Liability Action'' shall appear on all captions directly underneath the docket number.
(l) Any courtesy copies of filings that are provided to a judge and served on opposing parties must be firmly bound and any metal fasteners or staples must be securely covered with no sharp or protruding edges of any kind.
(m) Filings of record may be referenced in any subsequent filing but shall not be attached thereto.
(n) Attorneys and self-represented parties shall comply with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and Local Rules of Judicial Administration 101 and 102 found at http://www.dauphincounty.org/government/courts/self_help_center/index.php.
(2) The Prothonotary shall endorse upon each paper filed, the date and time of its filing, and enter it upon the proper docket.
(3)(a) All civil motions, petitions, administrative applications and answers or responses thereto shall be accompanied by a proposed order (or alternative orders). Except for Petitions in Forfeiture filed pursuant to 42 Pa.C.S.A. § 5805, Petitions shall also include a proposed Rule to Show Cause.
(b) The proposed order(s) and any Rule to Show Cause shall contain a distribution legend which shall include the name(s) and mailing address(es), telephone number(s), facsimile number(s) and e-mail address(es), if any, of all attorneys and self-represented parties to be served. The distribution legend shall identify which party each person represents.
(c) Counsel and self-represented litigants are strongly encouraged to include stamped envelopes addressed to the attorneys and/or self-represented parties listed in the distribution legend along with all proposed orders and/or Rules to Show Cause.
(4) The judge(s) chambers shall:
(a) file the original order with the Prothonotary;
(b) prepare copies of the order for mailing;
(c) have the Prothonotary's Office certify the copies for mailing;
(d) mail copies of the certified order to all parties listed in the distribution legend;
(e) note the date of mailing and the initials of the person who accomplished the mailing on the filed original order.
Comment: Paragraph (3) of this rule is intended to formalize a practice of long standing in Dauphin County as well as the majority of other counties. The proposed order should identify the relief sought, e.g. continuance, rule to show cause, request status or discovery conference, amend a complaint, etc.
An accurate distribution legend naming all attorneys and self-represented parties and their addresses, telephone numbers, facsimile numbers and e-mail addresses, if any, is essential since the court is now assuming the responsibility for service of its orders. Inclusion of facsimile numbers and e-mail addresses is not intended to authorize service by these methods.
Paragraph (4) of this rule is intended to formalize what is now a hybrid process which has left some doubt as to the responsibility for service of orders.
Rule 210. Form and Content of Briefs.
(1) Briefs shall contain the following:
(a) a full and accurate procedural history of the case;
(b) a full, accurate and unbiased statement of the facts;
(c) a concise statement of the pertinent legal and factual question(s) involved;
(d) a legal discussion, with accurate and verified citations to legal authority, including contra authority; and
(e) a concise statement indicating the requested relief and its specific application to the facts of the case.
(2) The Brief of each party, if more than fifteen pages in length, shall contain an Index and a Table of Citation of cases and statutes with reference to the page(s) at which they appear in the Brief. All citations must be verified and brought current to the date of filing.
[(3) No Reply Briefs shall be filed unless otherwise directed by the Assigned Judge.]
Rule 1028(c). Preliminary Objections—Procedures for Disposition.
(1) Preliminary Objections shall be filed with the Prothonotary and served on all other parties.
(2) Any response shall be filed within twenty days after service of the Preliminary Objections.
(3) [A brief in support shall be filed within forty days after service of the Preliminary Objections.]
(a) If a response is filed, a brief in support of the Preliminary Objections shall be filed within twenty days after service of the response. If a brief in support is not filed within twenty days after service of the response, the Preliminary Objections shall be deemed withdrawn by the Prothonotary upon praecipe of the responding party.
(b) If no response is filed, a brief in support of the Preliminary Objections shall be filed within forty days after service of the Preliminary Objections. If no response is filed and a brief in support of the Preliminary Objections is not filed within forty days after service of the Preliminary Objections, the Preliminary Objections shall be deemed withdrawn by the Prothonotary upon praecipe of the responding party.
(4) [A] Any brief in opposition shall be filed twenty days after service of [the] any brief in support of the Preliminary Objections which may have been filed.
(5) A Reply Brief, although not required, may be filed within ten days of service of the brief in opposition.
(6) If the responding party filed a praecipe to have the Preliminary Objections deemed withdrawn pursuant to paragraph (3) above, the responding party shall serve Notice of the Praecipe by first class mail to the attorneys of record, or, if a party is unrepresented, to the party's last known address of record.
(7) If the Preliminary Objections are deemed withdrawn, the objecting party shall have the right to file an answer to the pleading to which the preliminary objection were filed within twenty days after service of the aforementioned praecipe as if the Preliminary Objections had never been filed.
[(5)] (8) Oral argument may be requested as set forth in Local Rule 211.
[(6)] (9) The Preliminary Objections are ready for assignment to a judge when [the] all briefing requirements set forth in subparagraphs (3), (4) and (5) above [are] have been met or the time permitted for the filing of briefs has elapsed. At that point, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
[(7)] (10) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain the copy in the file.
[(8)] (11) The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall promptly assign the Preliminary Objections to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
[(9)] (12) The Assigned Judge shall issue a scheduling order, which will include any additional briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the Preliminary Objections to the Court Administrator's Office for distribution to the assigned judge. No cover letter is necessary.
[(10)] (13) If a party requests that discovery is necessary for the disposition of the Preliminary Objections, said request shall be contained in the Preliminary Objections or in the answer thereto. The Assigned Judge shall dispose of this request in the scheduling order.
[(11)] (14) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Comment: If a party determines that discovery is necessary before the disposition of the Preliminary Objections, a party should file an Administrative Application for a Status Conference and request that a scheduling order be issued which includes discovery deadlines. Rule 1028(c) was amended to provide time frames for response(s) and briefs. A Certificate of Readiness may be filed after the response(s) and briefs have been filed or at the expiration of the time lines contained in this rule. The purpose of the amendment is to provide for the assignment of the matter to a judge when the matter is ready for disposition.
Pursuant to Pa.R.C.P. 239.5(b), this rule shall not apply to family law actions governed by Rules 1901 through 1940.9.
Rule 1034(a). Motion for Judgment on the Pleadings—Procedures for Disposition.
(1) The Motion for Judgment on the Pleadings with brief in support shall be filed with the Prothonotary and served on all other parties.
(2) A response with brief in opposition shall be filed within [twenty] thirty days after service of the Motion for Judgment on the Pleadings and brief in support.
(3) [A brief in support shall be filed within twenty days after service of the response.]
A Reply Brief, although not required, may be filed within ten days of service of the Response with brief in opposition.
[(4) A brief in opposition shall be filed within twenty days after service of the brief in support of the Motion for Judgment on the Pleadings.]
[(5)] (4) Oral argument may be requested as set forth in Local Rule 211.
[(6)] (5) The Motion for Judgment on the Pleadings is ready for assignment to a judge when [the] all briefing requirements set forth in (1), (2), and (3) above [are] have been met or the time permitted for the filing of briefs has elapsed. At that point, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
[(7)] (6) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain the copy in the file.
[(8)] (7) The Court Administrator's Office shall promptly assign the Motion for Judgment on the Pleadings to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
[(9)] (8) The Assigned Judge shall issue a scheduling order, which will include any additional briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the Motion for Judgment on the Pleadings to the Court Administrator's Office for distribution to the assigned judge. No cover letter is necessary.
[(10)] (9) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Comment: Rule 1034(a) was amended to [provide time frames for response(s) and briefs] direct parties to file their briefs at the same time as their Motion for Judgment on the Pleadings or their Response. A Certificate of Readiness may be filed after the response(s) and briefs have been filed or at the expiration of the time lines contained in this rule. [The purpose of the amendment is to provide for the assignment of the matter to a judge when the matter is ready for disposition.]
Rule 1035.2(a). Motion for Summary Judgment—Procedures for Disposition.
(1) A Motion for Summary Judgment with brief in support shall be filed with the Prothonotary and served on all other parties.
(2) A response with brief in opposition to the Motion for Summary Judgment shall be filed within thirty days after service of the Motion for Summary Judgment.
(3) [A brief in support shall be filed within twenty days after service of the response to the Motion for Summary Judgment.]
A Reply Brief, although not required, may be filed within ten days of service of the Response with brief in opposition.
[(4) A brief in opposition shall be filed within twenty days after service of the brief in support of the Motion for Summary Judgment.]
[(5)] (4) Oral argument may be requested as set forth in Local Rule 211.
[(6)] (5) The Motion for Summary Judgment is ready for assignment to a judge when [the] all briefing requirements set forth in (1), (2), and (3) above [are] have been met or the time permitted for the filing of briefs has elapsed. [When said requirements are met] At that point, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
[(7)] (6) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain a copy in the file.
[(8)] (7) The Court Administrator's Office shall promptly assign the Motion for Summary Judgment to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
[(9)] (8) The Assigned Judge shall issue a scheduling order, which will include any additional briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the Motion for Summary Judgment to the Court Administrator's Office for distribution to the assigned judge. No cover letter is required.
[(10)] (9) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Comment: Rule 1035.2(a) was amended to [provide time frames for response(s) and briefs] direct parties to file their briefs at the same time as their Motion for Summary Judgment or their Response. A Certificate of Readiness may be filed after the response(s) and briefs have been filed or at the expiration of the time lines contained in this rule. [The purpose of the amendment is to provide for the assignment of the matter to a judge when the matter is ready for disposition.]
Local Rule of Civil Procedure 14 and the amendments to Local Rules of Civil Procedure 205.2(a), 210, 1028(c), 1034(a) and 1035.2(a) shall be published in the Pennsylvania Bulletin and are effective thirty (30) days from the date of publication.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 19-1415. Filed for public inspection September 20, 2019, 9:00 a.m.]
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