THE COURTS
Title 255—LOCAL COURT RULES
YORK COUNTY
Amendment of Local Rules of Civil Procedure; 2019-MI-000488
[49 Pa.B. 7400]
[Saturday, December 21, 2019]
Administrative Order Adopting and Amending York County Local Rules of Civil Procedure 51, 205.1, 208.3(a), 208.3(b), and 216 And Now, this 3rd day of December, 2019 it is Ordered that York County Local Rules of Civil Procedure 51, 205.1, 208.3(a), 208.3(b), and 216 are adopted and amended as follows, effective January 1, 2020.
The District Court Administrator shall publish this order as may be required.
By the Court
JOSEPH C. ADAMS,
President JudgeRule 51. Title and Citation of Rules.
These Rules shall be known as the York County Local Rules of Civil Procedure, and may be cited as [''YCCiv.____''. (As individual rules are revised, the court is transitioning to the new citation abbreviation ''York R.C.P.____''. Litigants may use either citation abbreviation during the transition period.)] York R.C.P. .
Rule 205.1. Filing Legal Papers.
* * * * * (1) If the [document] application does not involve a matter to be listed for one-judge disposition pursuant to [YCCiv. 208.3(b) then] York R.C.P. 208.3(B), the moving party shall [cause] provide a [clocked in] copy of the [document requiring action an original to be delivered to the Court Administrator for assignment to a Judge] application and an original proposed order to the prothonotary for delivery to the court.
* * * * * [Rule 208.3(a). Motions—No Response Required. Procedure.
...
(this rule is deleted in its entirety)
...]
Rule 208.3(a). Alternative Procedures—No Re- sponse Required.
(1) All applications to the court requiring action by a judge, except those hereafter excluded, shall be presented to the court at a session of motions court. The times and dates for motions court sessions shall be published by the district court administrator in the court calendar from time to time. Motions shall be filed as set forth in York R.C.P. 205.1. No written response shall be necessary.
(2) The moving party must file a notice of presentment with the prothonotary and must give actual notice to all other parties in interest, and to the motions court judge, of the intention to present an application at a session of motions court at least five days prior to the date of the specific motions court session at which it will be presented.
(a) Notice shall be substantially in the following form:
{Beginning 3 inches from top of page. See Pa.R.C.P. 204.1}
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
NAME OF PLAINTIFF(S) : {CASE NUMBER}
: {NAME OF PREVIOUS JUDGE}
vs. : {NAME OF ASSIGNED JUDGE}
: {NUMBERS OF RELATED CASES}
NAME OF DEFENDANT(S) : {TYPE OF ACTION}
NOTICE OF PRESENTMENT OF MATTER AT CIVIL MOTIONS COURT
TO THE PROTHONOTARY:
The following matter is for presentment at civil motions court:
Date to be presented:
Pleading/matter to be presented:
Date(s) conferred, or attempt to confer with all other interested parties:
Date(s) moving party sought concurrence of each other party:
Date other parties and court administration notified of intended presentment:
Date:
Submitted by {Name of Party}
Name of Attorney
Address of Attorney
Telephone Number of Attorney
Facsimile Number of Attorney
E-mail address of Attorney(b) A copy of the notice of presentment, application and an original proposed order shall be provided by the moving party to the prothonotary for delivery to the court pursuant to York R.C.P. 205.1.
(c) A copy of the notice of presentment, application and proposed order shall be served by the moving party on all other parties in interest pursuant to York R.C.P. 205.1.
(d) For purposes of this rule only, timely service on a party by facsimile or other electronic transmission will constitute appropriate notice.
(3) All applications to the court shall include a certificate by the moving party that notice was given pursuant to subsection (a)(2) above.
(4) Should a party wish to file a response, an original of the response shall be filed with the prothonotary and the party shall provide a copy to the prothonotary for delivery to the court.
(5) Should a moving party wish to reschedule the presentation of an application to the court, a written notice of that intent and a revised notice of presentment shall be filed and a copy provided to the prothonotary for delivery to the court; a copy shall also be served by the moving party on all other parties, specifying the new date on which the motion will be presented to the court. The new date shall be in accordance with the notice requirement set forth in York R.C.P. 208.3(a)(2).
(6) Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the prothonotary. The moving party shall provide a copy to the prothonotary for delivery to the court and shall serve all other parties of interest.
(7) The following applications need not be presented in a session of motions court, but shall be presented to the court pursuant to York R.C.P. 205.1:
(a) Petitions for preliminary or special injunctions (see York R.C.P. 1531.1 et seq.)
(b) Uncontested motions: Provided, however, that the motion includes a certification as set forth in York R.C.P. 208.2(d)(2) and 205.1.
(c) Stipulated orders;
(d) Petitions for rules to show cause; (see York R.C.P. 206.1(a) and 206.4.)
(e) Motions to make rules absolute;
(f) Requests for continuances of scheduled proceedings; (see York R.C.P. 216)
(g) Applications for leave of court to withdraw entry of appearance; provided, however, that counsel seeking to withdraw has given at least twenty days written notice of intent to withdraw to the client and all parties in interest and no objection has been made. The application and proposed order shall contain the last known address and telephone number of the client. (see York R.C.P. 1012 and Pa.R.C.P. 1012)
(h) Motions for alternative service, except for family court matters. Such motions shall have a copy of the sheriff's return of service attached to the motion, in addition to the other matters required by law or rule of court; (see Pa.R.C.P. 430)
(i) Applications for reassessment of damages. (see York R.C.P. 206.1(a))
(j) Motions for reconsideration.
(k) Motions relating to matters covered by an order resulting from a pre-trial conference.
(l) Motions for judgment by default in quiet title actions;
(m) Petitions for approval of minor settlements, wrongful death settlements transfer of structured settlements, and settlements involving an incompetent;
(n) Applications to intervene pursuant to Pa.R.C.P. No. 2326 et seq.
(o) Petitions for a name change;
(p) Appointment of constables, private police officers, and municipal officers;
(q) Appointment of persons to Board of View; provided, however, that no motion shall be filed until such time as the pleadings have closed.
(r) Detective licenses;
(s) Termination of inactive civil cases under York R.C.P. 230.2; and
(t) Admission Pro Hac Vice motions pursuant to Pa.R.C.P. 1012.1
[Rule 208.3(b). Motions—Response Required. Procedure.
...
(this rule is deleted in its entirety)
...]
Rule 208.3(b). Alternative Procedures—Response Required.
(1) Matters for disposition by one judge. Matters to be disposed by one judge shall include:
(a) Preliminary objections (see York R.C.P. 1028(c));
(b) Motions for judgment on the pleadings (see York R.C.P. 1034(a));
(c) Motions for summary judgment (see York R.C.P. 1035.2(a));
(d) Exceptions to the report of a master in divorce (see York R.C.P. 1920.55-2), to reports of boards of view (see York R.C.P. 5170), or to proposed schedule of distribution from sheriff's sale (see York R.C.P. 3136).
(e) Appeals from decisions of a zoning hearing board, a board of school directors, or other local government agency (see York R.C.P. 5150 and 5200).
(2) Procedure in one judge disposition matters. Parties shall follow the briefing schedule unless otherwise noted in these local rules or by order of court:
(a) All applications which are filed requiring disposition by one judge shall be supported by a brief filed within ten days of the date of filing of the application or, in Appeals in Land Use Cases (see York R.C.P. 5150), within ten days of certification of the record.
(b) One original brief in opposition shall be filed by all parties opposing the application within thirty days after the date of filing of the application or the filing of the brief of the moving party, whichever is later.
(c) Any brief in reply shall be filed within five days after service of the brief in opposition to the application.
(d) Copies of briefs shall be promptly served on all parties and a certificate of service shall be filed with the prothonotary.
(e) Upon the expiration of the time for filing and service of briefs, any party may list the matter for disposition by one judge by filing a praecipe with the prothonotary.
(3) Matters for disposition by a court en banc.
(a) Matters to be disposed of by a court en banc shall include matters specifically required to be heard en banc pursuant to statute, rule or appellate decision, and matters specifically ordered to be heard en banc by a judge of this court, either pursuant to Pa.R.C.P. No. 227.2 or otherwise.
(b) Matters to be disposed of by the court en banc shall proceed the same as matters to be disposed of by one judge.
(4) Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the prothonotary. The moving party shall provide a copy to the prothonotary for delivery to the court and shall serve all other parties of interest.
(5) Listing the matter for one judge disposition. Excluding exceptions to the master's report and recommendation, which are listed automatically upon expiration of the briefing schedule, any party may list the matter for disposition by one judge upon the expiration of the time for filing and service of briefs by filing a praecipe with the prothonotary.
(a) The praecipe shall include the name of any judge (other than motions court judge) to whom the case was previously assigned.
(b) The moving party shall provide a copy to the prothonotary for delivery to the court.
(c) Copies of the praecipe shall be sent by the moving party to all counsel and unrepresented parties of record. A certification of service identifying all counsel of record, who they represent, and all unrepresented parties, with addresses and telephone numbers shall be attached to the praecipe.
(6) The praecipe to list a matter for disposition before the court shall be in substantially the following form:
FORM OF PRAECIPE TO LIST MATTER FOR DISPOSITION:
{Beginning 3 inches from top of page.}
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
NAME OF PLAINTIFF(S) : {CASE NUMBER}
: {NAME OF PREVIOUS JUDGE}
vs. : {NAME OF ASSIGNED JUDGE}
: {NUMBERS OF RELATED CASES}
NAME OF DEFENDANT(S) : {TYPE OF ACTION}
PRAECIPE TO LIST FOR {ONE JUDGE/EN BANC} DISPOSITION
TO THE PROTHONOTARY:
List this matter for {one judge/en banc} disposition:
Document to be ruled upon:
Brief in support filed on:
Brief in opposition filed on:
Oral Argument Requested? Yes No
Date:
Submitted by {Name of Party}
Name of Attorney
Address of Attorney
Telephone Number of Attorney
Facsimile Number of Attorney
E-mail address of Attorney
(Attach Certificate of Service with information required by York R.C.P. 208.3(b)(5)(c).)Rule 216. Grounds for Continuance.
In all matters in which a proceeding has been scheduled by the court and in which a continuance is sought, the moving party shall first contact all other parties in interest to determine whether there is an objection to the continuance. The application shall state either that there is no objection from any other party, or if there is an objection, the application shall state the reason for the objection. The parties are expected to use the forms developed by the court for such purpose. The moving party shall file the application pursuant to York R.C.P. 205.1. Agreement to a continuance by all parties does not ensure that a continuance will be granted by the court.
[Pa.B. Doc. No. 19-1887. Filed for public inspection December 20, 2019, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
