THE COURTS
Title 255—LOCAL COURT RULES
MONTGOMERY COUNTY
Amendments to Local Rules of Civil Procedure No. *200, 206.1(a), 206.4(c), 208.3(b), *920 and 4019*; No. 2023-00001
[53 Pa.B. 6042]
[Saturday, September 30, 2023]
Order And Now, this 12th day of September, 2023, the Court hereby Amends Montgomery County Local Rules of Civil Procedure No. *200, 206.1(a), 206.4(c), 208.3(b), *920 and 4019*. These Amended Rules shall become effective thirty (30) days after 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
CAROLYN TORNETTA CARLUCCIO,
President JudgeBolded and bracketed material is removed.
Bolded and underlined material is added.
Rule *200. Trial Readiness.
(1) thru (8) * * *
Comments:
1. * * *
2. * * *
3. * * *
4. * * *
5. See Local Rule [208.3(b)(2)] 4019*.2(2) for the time limit on filing any motion to compel discovery.
Rule 206.1(a). Petition. Definition.
The following applications are defined as ''petitions'', and are to be governed by Rule 206.1, et seq:
(1) [Request] an application to transfer venue on the ground of forum non conveniens.
(2) an application to strike and/or open a judgment by confession.
Comment: The following applications are not governed by Rule 206.1, et seq., or by Rule 208.1, et seq., but rather are governed by the provisions of the general rule(s) governing the particular matter: Request to Appoint Trustee or Receiver pursuant to Pa.R.C.P. 1533; Petition to Compromise, Settle or Discontinue Minor's Action pursuant to Pa.R.C.P. 2039 and Local Rule 2039(a)*; Petition for Supplementary Relief in Aid of Execution pursuant to Pa.R.C.P. 3118; Petition to Fix Fair Market Value of Real Property Sold pursuant to Pa.R.C.P. 3282; Petition for Appointment of Viewers pursuant to 26 Pa.C.S. § 502; Petition to Post Bond in Land Use Appeals pursuant to 53 P.S. § 11003-A; [Petition to Intervene pursuant to Pa.R.C.P. 2328] Petition for Change of Name pursuant to 54 Pa.C.S.A. § 701 et seq.
Rule 206.4(c). Issuance of a Rule to Show Cause.
[Rescinded.]
Rule 206.4(c). Issuance of a Rule to Show Cause.
(1) Issuance. A Rule to Show Cause for petitions governed by Rule 206.1, et seq., shall issue as a matter of course pursuant to Rule 206.6. Petitions governed by this Rule shall be filed along with:
(a) a cover sheet in the form set forth in Local Rule 205.2(b),
(b) a brief or memorandum of law, as set forth in Local Rule 210,
(c) a proposed order in the following form:
See Form Proposed Order(d) a proposed order granting the relief requested by the petition.
The petition and proposed orders shall be filed in the Prothonotary's Office, and forwarded to the Court Administrator, who shall have the authority to sign the Rule to Show Cause Order.
If a petitioner requests a stay of proceedings pending disposition of a petition, the Court Administrator shall promptly refer the stay request to the Civil Equity/Emergency Judge for review and determination.
(2) Response. Within the time stated in the Rule to Show Cause, the respondent shall file an answer to the petition. The answer shall be filed along with:
(a) a cover sheet in the form set forth in Local Rule 205.2(b),
(b) a brief or memorandum of law, as set forth in Local Rule 210, and
(c) a proposed order.
(3) Discovery. Any depositions or other discovery on factual issues raised by the petition and answer shall be concluded within forty-five (45) days from the date of the Rule to Show Cause Order. Any supplemental briefs addressing facts elicited through such discovery shall be filed within sixty (60) days from the date of the Rule to Show Cause Order.
See Form Argument Praecipe(4) Argument Praecipe. If the petitioner and respondent agree that no discovery on the petition is required or that all such discovery and supplemental briefing have been completed, then either party may file an Argument Praecipe in the following form:
(5) Disposition. If the respondent fails to file a timely answer, then the matter shall be immediately referred to a Judge, who will consider the petition on its merits and enter an appropriate order in accordance with Rule 206.7(a). If a timely answer is filed, then the matter shall be referred to a Judge for disposition (a) upon the filing of an Argument Praecipe or (b) after sixty (60) days from the date of the Rule to Show Cause Order, if no Argument Praecipe has been filed. Oral argument shall be held only if ordered by the Judge.
Comments:
1. The forms referenced in this rule are available online at www.montgomerycountypa.gov/945/forms.
2. The term ''Argument Praecipe'' has been retained as one familiar to the Bar, even though the holding of oral argument is discretionary.
Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions.
[Rescinded.]
Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions.
(1) Filing. All other ''motions'' as defined by Rule 208.1, excepting those listed above in Local Rule 208.3(a), shall be governed by this Rule. All such motions shall be faced with a cover sheet of the moving party in the form set forth in Local Rule 205.2(b) and shall be accompanied by the moving party's proposed order and, unless the legal basis for the motion is adequately set forth in the motion itself, a brief or memorandum of law.
(2) Listing. Excepting motions for sanctions or contempt of a prior court order and other motions that are to be scheduled for a hearing or that are to be forwarded to a Judge upon filing, 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. Except as the Court may otherwise direct, motions in limine and other pretrial motions that are filed after a Pretrial Conference has been held or after a case has been listed for trial will not be given a return day and will be referred to the Judge who conducted the Pretrial Conference or, if a different Judge has been assigned the case for trial, to that Judge.
(3) Motions to Withdraw as Counsel. If the motion seeks leave of the Court to withdraw as counsel, then the movant must forthwith serve his or her client with a copy of the motion and cover sheet indicating the return day and shall promptly file a certification that the motion and the rule return date were served upon the client, in substantially the following form:
See Form Certificate of ServiceIf such a certificate is not filed prior to the return date, then the motion shall be stricken without prejudice.
(4) Emergency Motions. 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 appropriate Judge. If the matter is deemed to be an emergency by the 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.
(5) Response. On or before the return day, the respondent shall file an answer to the motion, even if there are no contested issues of fact. The answer shall be faced with the respondent's cover sheet in the form set forth in Rule 205.2(b) and shall be accompanied by a brief or memorandum of law as set forth in Local Rule 210 and a proposed order. All motions in which answers have been filed will be referred to the appropriate Judge for disposition. Oral argument will be held only if ordered by the Court.
(6) Unopposed Motions. If an answer is not filed to the motion on or before the return day, the Court may treat the motion as uncontested, and grant the requested relief, if appropriate.
(7) Discovery. The Court may order, either pursuant to a request in the motion or answer or on the Court's own initiative, that discovery be taken on issues of fact raised by the motion and answer. The Court may provide for the filing of supplemental briefs after the conclusion of such discovery.
Comments:
1. See Local Rule 4019*.2 for additional provisions relating to discovery motions.
2. Rule 208.1(b)(1)(iv) specifically excludes motions to exclude expert testimony pursuant to Rule 207.1 and motions in limine from the above process. These motions are filed with the Prothonotary and referred to the trial judge, upon assignment of trial.
3. Requests for leave to withdraw an appearance in family court actions pursuant to Rule 1012 and requests under Local Rule 229(a)*(1) are considered ''motions'' that are subject to this Rule.
4. Motions relating to discovery in family law actions—excluded from the above process by Rule 208.1(b)(2)(iv)—are governed by Local Rule 4019*.1—Family Discovery Hearing Officer.
Rule *920. Board of Assessment Appeals.
[Rescinded.]
Rule *920. Board of Assessment Appeals.
(a) The Pennsylvania Rules of Civil Procedure shall be applicable to all appeals to the Court of Common Pleas from a real estate assessment or other appealable decision by the Board of Assessment Appeals (''the Board''). Nothing in this rule shall be construed to limit discovery as permitted under the Pennsylvania Rules of Civil Procedure.
(b) The petition for appeal shall have the parcel number(s) of the subject property in the caption and shall have attached to it a photocopy of the appealed from order of the said Board and shall have attached to it a proposed preliminary decree which shall provide:
(1) that the appeal to Court is permitted and said case is to proceed in conformity with the Pennsylvania Rules of Civil Procedure;
(2) that within five (5) days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the said Board, upon the Board of County Commissioners of Montgomery County, the governing body of the municipality and the Board of School Directors of the school district in which the real estate is situated and their Solicitors, and upon the property owner, if the property owner is not the appellant;
(3) that the taxing authorities of the aforesaid and the property owner, if the property owner is not the appellant, be and are hereby entitled to intervene as parties appellee.
(c) Appellant, within sixty (60) days of filing the appeal, shall provide to appellee and intervening parties a copy of appellant's appraisal report (which need not be the trial report) with copies of income and expense statements and rent rolls (if applicable) for the last three (3) years. In cases where a taxing authority is the appellant, the appraisal report must be provided to appellee and intervening parties within sixty (60) days of appellant's receipt of discovery requested of the taxpayer, including but not limited to inspection of the subject property provided that the taxing authorities forwarded their discovery requests to the taxpayer within thirty (30) days of filing their appeal. Where exemption is the sole issue, this paragraph is not applicable.
(d) Approximately sixty (60) days after the filing of the appeal, the Court Administrator shall issue a Case Management Order setting a deadline of approximately twelve (12) months from commencement for the close of discovery, including exchanges of appraisal reports by testifying experts, and a deadline of approximately thirteen (13) months from commencement for the filing of dispositive motions. The Order shall provide that the action shall be added to the Court's Civil Trial Inventory promptly after the deadline for filing dispositive motions if no timely dispositive motion is filed or promptly after the determination of all timely filed dispositive motions. Parties may obtain an earlier listing for trial by filing a praecipe under Local Rule 212.1*(d).
(e) Prior to the issuance of a Case Management Order, the parties may file a Stipulation, subject to approval of the Court, for entry of a Case Management Order that sets deadlines earlier than the standard Order that would issue under paragraph (d) above. After the issuance of a Case Management Order, the parties may file a Stipulation, subject to approval of the Court, that advances any or all of the deadlines in the Case Management Order to earlier dates. A Stipulation that purports to extend any deadlines in a Case Management Order shall not be filed and, if filed, shall be of no force or effect.
(f) Special Management Cases.
(1) If an appeal is unusually complex or presents circumstances that would make it impractical to comply with the standard deadlines, any party may file a Motion to Designate Case for Special Management. Such Motions are not favored and will be granted only upon a compelling showing of need. Circumstances that may support such a Motion include, but are not limited to, an unusually large number of parties; the need for an unusually broad or complex scope of discovery that cannot be completed by the standard deadline; complex legal issues that require specially phased discovery; and the need to stay a case pending the outcome of a related case. The Motion should be filed as soon as it becomes apparent that special management is required and need not await the issuance of a standard Case Management Order. Undue delay in filing a Motion may be grounds in itself for denial of the Motion.
(2) Any other party may file a response within fifteen (15) days of the filing of the Motion.
(3) If the Motion is granted, the case shall be referred to a Civil Case Management Hearing Officer, who shall promptly convene a conference with counsel and thereafter submit to the Court a recommendation on a Case Management Order tailored to the particular needs of the case. Upon reviewing the recommendation, the Court will then issue a Case Management Order, which will supersede any standard Case Management Order previously issued by the Court Administrator.
(g) 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)) 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 fifteen (15) days in which to respond, after which time the Court will enter an appropriate order.
(h) For purposes of transition to the current version of this Rule, the Court Administrator shall issue Case Management Orders as appropriate for cases pending when the current version of this Rule becomes effective. Nothing in this Rule shall affect any Case Management Order in effect as of the effective date of the current version of this Rule.
Rule 4019*. Discovery Hearing Officer.
[Rescinded.]
Rule 4019*.2. Discovery Motions.
In order to facilitate the prompt disposition of discovery motions, the Court adopts Local Rule of Civil Procedure 4019*.2 as follows:
(1) All motions relating to discovery, originally processed under Local Rule 208.3(b), other than a motion for sanctions, shall be subject to this Rule.
(2) A motion to compel discovery may not be filed more than ten (10) days after any deadline for completion of discovery established by prior Order of the Court. The moving party must indicate on its Cover Sheet the date of such deadline. If the motion is filed before the establishment of such a deadline, the date should be stated as ''N/A.'' If a motion is filed in violation of this paragraph, then the Court Administrator shall not fix a return day under Local Rule 208.3(b), and instead the motion shall be stricken as a matter of course as untimely.
(3) The Board of Judges shall appoint a designated number of members of the Bar to serve as Civil Discovery Hearing Officers, for an indeterminate term, without compensation, at the pleasure of the Court.
(4) If the discovery motion is resolved amicably prior to the return day issued pursuant to Local Rule 208.3(b), the motion shall either be withdrawn or a stipulated order shall be submitted to the Court Administrator for submission to the signing Judge. If the motion is opposed, the Court Administrator shall refer it to a Hearing Officer.
(5) After hearing argument (unless the Hearing Officer determines that oral argument is unnecessary) and considering the motion, answer, and any briefs filed, the Hearing Officer shall submit a written recommendation and proposed order to the assigned Judge for entry of an appropriate order.
[Pa.B. Doc. No. 23-1320. Filed for public inspection September 29, 2023, 9:00 a.m.]
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