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PA Bulletin, Doc. No. 20-988

THE COURTS

Title 255—LOCAL COURT RULES

BUCKS COUNTY

Order Rescinding Rule of Civil Procedure 208.2(e) and Promulgating Rule of Civil Procedure Rule 208.2(e) Affidavit of Good Faith Efforts to Resolve Discovery Disputes Prior to Court Action; Administrative Order No. 99

[50 Pa.B. 3710]
[Saturday, July 25, 2020]

Order

And Now, this 15th day of July 2020, Bucks County Civil Rule 208.2(e) is vacated and Bucks County Civil Rule 208.2(e) is promulgated as follows:

Rule 208.2(e). Affidavit of Good Faith Efforts to Resolve Discovery Disputes Prior to Court Action.

 (1) Any motion filed in a Civil or Family Court action based on a party's failure to fulfill obligations in discovery shall have attached thereto an affidavit taken by the filing counsel or unrepresented party that:

 (a) certifies that filing counsel or unrepresented party has made ''good faith efforts,'' i.e., conferred or attempted to confer with all interested parties, in order to resolve the discovery dispute without Court action; and

 (b) alleges with specificity the date and manner in which such good faith efforts were made.

 (2) Good faith efforts shall include at minimum an attempt to contact any interested parties by telephone, letter, and/or email, as appropriate. The required affidavit of good faith efforts shall have attached thereto documents evidencing such communication(s).

 (3) No Court action will be taken on any motion which fails to attach the required affidavit, which shall be in substantially the following form:

IN THE COURT OF COMMON PLEAS OF
BUCKS COUNTY, PENNSYLVANIA CIVIL DIVISION

: No.
vs. :
:

AFFIDAVIT PURSUANT TO B.C.R.C.P. NO. 208.2(e)

 I,           , hereby certify that prior to filing the attached motion, I conferred or attempted to confer with all interested parties to the motion in an attempt to avoid Court intervention.

 The above-certified communications/attempts to communicate with all interested parties regarding the issues presented by the motion were as follows:

 Method of communication      Date

 I verify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

_________________

 This Order shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

WALLACE H. BATEMAN, JR., 
President Judge

[Pa.B. Doc. No. 20-988. Filed for public inspection July 24, 2020, 9:00 a.m.]



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