THE COURTS

Title 255—LOCAL COURT RULES

MONTGOMERY COUNTY

Rescission of Local Rule of Civil Procedure *200; Adoption of Local Rule of Civil Procedure *200; Amendment of Local Rules of Civil Procedure 208.3(b) and 4019; No. 2020-00001

[50 Pa.B. 1829]
[Saturday, March 28, 2020]

Order

 And Now, this 10th day of March 2020 the Court hereby Rescinds Montgomery County Local Rule of Civil Procedure 200—Trial Readiness and Adopts Montgomery County Local Rule of Civil Procedure *200, and Amends Montgomery County Local Rules of Civil Procedure 208.3(b)(2) and 4019: Discovery Master. These Adopted and Amended Local Rules shall become effective on April 13, 2020 following timely publication in the Pennsylvania Bulletin.

 The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.

By the Court

THOMAS M. DelRICCI, 
President Judge

Rule *200. Trial Readiness.

 Rescinded

Rule *200. Trial Readiness.

 (1) Application. This Local Rule shall apply to all civil actions requiring a Cover Sheet pursuant to Rule 205.5 filed on or after January 1, 2016, excluding cases commenced by Petition, Declaration of Taking, Zoning Appeals, Board of Assessment Appeals, Declaratory Judgment and Mass Tort cases. The maximum time limits noted herein, including those identified in a Case Management Order or subsequent Order of Court pursuant to subsection (e), supersede any similar time limits established pursuant to the agreement of the parties, or pursuant to a Discovery Management Order under Local Rule 4019*;

 (2) Nothing in this rule shall relieve the parties from the duty to move a civil action forward expeditiously, including, but not limited to:

 i) Prompt commencement and completion of fact discovery from the commencement of any civil action subject to this local rule;

 ii) Exchange of expert reports and curricula vitae of said experts, or answers to expert interrogatories;

 iii) The filing of dispositive motions promptly after the completion of discovery.

 (3) Within Arbitration Limit Cases.

 a) A civil action requiring a Cover Sheet pursuant to Rule 205.5, whereon the filing party checked the box in Section A noting the dollar amount requested is ''within arbitration limits'' (excepting those involving title to real estate and equity cases), shall be praeciped for Arbitration by the parties, pursuant to Local Rule 1302, within 9 months of the date of filing of said action, or in the event such a civil action is commenced in Montgomery County as a ''transfer from another jurisdiction'', within 9 months of the transfer date;

 b) Parties may request an expedited Case Management Conference at any time after service on all parties of any civil action subject to this local rule;

 c) If an arbitration limit case is not praeciped for Arbitration within 9 months of the date of filing or transfer of said action, the case will be scheduled by the Court for a Case Management Conference before the Court or its designee;

 d) At the Case Management Conference, all parties shall be prepared to explain the status of discovery, the status of the case and shall have authority to engage in settlement discussions. A Case Management Order will be entered which establishes the following, if applicable:

 i) A date for completion of all discovery, except for depositions for use at trial;

 ii) A date for plaintiff to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;

 iii) A date for defendant to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;

 iv) A date for the filing of all dispositive motions, and any responses thereto;

 v) The transfer of said case to the Outside Arbitration Limit track, with set dates as noted above, based on a change in the determination of the amount in controversy;

 e) In no event shall the dates in the Case Management Order, as noted in subsection (c) above, extend beyond 60 days from the date of the Case Management Order. Absent the filing of an intervening Arbitration Praecipe, the case will automatically be placed in the Arbitration Inventory, for the scheduling of an Arbitration Hearing, 60 days from the date of the Case Management Order;

 f) Any extension of a deadline set forth in a Case Management Order under this Rule (or an Order under Local Rule 212.1(d)(4) or Local Rule 4019(5)) may be obtained only through a Motion for Extraordinary Relief. The Motion shall set forth the reasons for the requested relief and the reasons that the current deadlines cannot be met despite diligent effort. Any party opposing the Motion shall have 10 days in which to respond, after which time the Court will enter an appropriate order. Argument may be scheduled by the Court. The parties may not obtain an extension of any such deadlines by stipulation.

 (4) Outside Arbitration Limit Cases.

 a) A civil action requiring a Cover Sheet pursuant to Rule 205.5, whereon the filing party checked the box in Section A noting the dollar amount requested is ''outside arbitration limits'', shall be praeciped for Trial by the parties, pursuant to Local Rule 212.1*(d), within 18 months of the date of filing of said action or in the event such a civil action is commenced in Montgomery County as a ''transfer from another jurisdiction'', within 18 months of the transfer date;

 b) Parties may request an expedited Case Management Conference at any time after service on all parties of any civil action subject to this local rule;

 c) If an outside-arbitration limit case is not praeciped for Trial within 18 months of the date of filing or transfer of said action, the case will be scheduled by the Court for a Case Management Conference before the Court or its designee;

 d) At the Case Management Conference, all parties shall be prepared to explain the status of discovery, the status of the case and shall have authority to engage in settlement discussions. A Case Management Order will be entered which establishes the following, if applicable:

 i) A date for completion of all discovery, except for depositions for use at trial;

 ii) A date for plaintiff to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;

 iii) A date for defendant to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;

 iv) A date for the filing of all dispositive motions, and any responses thereto;

 v) The transfer of said case to the Within Arbitration Limit track, with set dates as noted above, based on a change in the determination of the amount in controversy;

 e) In no event shall the dates in the Case Management Order, as noted in subsection (c) above, extend beyond 120 days from the date of the Case Management Order. Absent the filing of an intervening Trial Praecipe, the case will automatically be placed in the Civil Trial Inventory, for the scheduling of a Pre-Trial Conference, 120 days from the date of the Case Management Order;

 f) Any extension of a deadline set forth in a Case Management Order under this Rule (or an Order under Local Rule 212.1(d)(4) or Local Rule 4019(5)) may be obtained only through a Motion for Extraordinary Relief. The Motion shall set forth the reasons for the requested relief and the reasons that the current deadlines cannot be met despite diligent effort. Any party opposing the Motion shall have 10 days in which to respond, after which time the Court will enter an appropriate order. Argument may be scheduled by the Court. The parties may not obtain an extension of any such deadlines by stipulation.

 (5) Track Transfer. If at any time during the pendency of an action subject to this Rule, based on subsequent pleadings or a change in the determination of the amount in controversy, a party or parties determine that the case is not on the appropriate track, the party/parties can request the scheduling of a Case Management Conference before the Court or its designee, wherein the issue will be resolved. A Court Order is required to transfer a case from one track to another. The Court can, sua sponte, order the transfer of a case from one track to another.

 Comments:

 1. Zoning Appeals cases shall proceed pursuant to Local Rule 14;

 2. Board of Assessment Appeal cases shall proceed pursuant to Local Rule 920;

 3. Asbestos cases shall proceed pursuant to Local Rule 1041.1;

 4. All cases involving title to real estate and equity cases are considered ''Outside Arbitration Limit Cases.''

 5. See Local Rule 208.3(b)(2) for the time limit on filing any motion to compel discovery.

Note: Underlined material is added.

Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions.

 (1) ***

 (2) Listing. Excepting motions for sanctions or contempt of a prior court order, the Court Administrator shall fix promptly a return day which shall not be less than twenty (20) days from the date of filing of said motion, and the moving party shall forthwith serve the respondent with a copy of the motion and the cover sheet indicating the return day thereon. The moving party shall thereafter file a certification that the motion and the rule return date were served upon all parties, in substantially the following form:

See form Certificate of Service

 If a motion to compel discovery is filed more than ten (10) days after any deadline for the completion of discovery established by prior Order of the Court, then the Court Administrator shall not fix a return day and instead the motion shall be dismissed in due course as untimely.

 Motions for sanctions or contempt of a prior court order shall be forwarded by the Court Administrator to the assigned Judge for the scheduling of a hearing.

 Motions that are alleged to be ''emergencies'' will not initially be given a rule return date, but rather the Court Administrator will forward the emergency motion to the assigned Judge. If the matter is deemed to be an emergency by the assigned Judge, the Judge will process the matter accordingly. If the matter is not deemed to be an emergency, the matter will be returned to the Court Administrator for listing pursuant to this Rule.

 All pre-trial motions that are filed after the underlying case has been praeciped for trial or ordered on the trial list will be made rule returnable ''at time of trial.''

 (3) ***

 (4) ***

 (5) ***

 (6) ***

 (7) ***

Comments:

   ***

Note: Bracketed material is deleted

Rule 4019*. Discovery Master.

 ***

 (1) ***

 (2) ***

 (3) ***

 (4) ***

 (5) ***

 (6) [The parties may, by agreement in writing, extend any dates set forth in the Discovery Management Order.]

 (7) [Upon request of any party, for good cause shown, the Discovery Master may recommend an extension of any dates set forth in the Discovery Management Order.]

[Pa.B. Doc. No. 20-442. Filed for public inspection March 27, 2020, 9:00 a.m.]

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