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PA Bulletin, Doc. No. 96-530

THE COURTS

SOMERSET COUNTY

Consolidated Rules of Court; No. 25 Miscellaneous 1996

[26 Pa.B. 1551]

Adopting Order

   Now, this 21 day of March, 1996, it is hereby Ordered:

   1.  The following designated Somerset County Rule of Civil Procedure (Som.R.C.P.), as follows, is hereby adopted as a Rule of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin:

   Som.R.C.P. 206.4. Form of Petition. Rule To Show Cause. Adoption Of Alternative Procedure.

   2.  Som.R.C.P. 209.1, relating to stay of proceedings, is hereby amended to read in its entirety, as reflected in the revised Som.R.C.P. 209.1, as follows, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   3.  Upon the effective date of the Rule designated above in Paragraph 1 of this Order, the following presently existing Somerset Rule of Civil Procedure is rescinded:

   Som.R.C.P. 207. Form of Petition.

   4.  The Somerset County Court Administrator shall:

   A.  File ten (10) certified copies of this Order and the attached Rules with the Administrative Office of Pennsylvania Courts;

   B.  Distribute two (2) certified copies of this Order and the attached Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   C.  File one (1) certified copy of this Order and the following Somerset County Rules of Civil Procedure with the Pennsylvania Civil Procedural Rules Committee; and

   D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

EUGENE E. FIKE, II,   
President Judge

Petition And Motion Practice

Som.R.C.P. 206.4.  Form Of Petition. Rule To Show Cause. Adoption Of Alternative Procedure.

   The procedure specified in Pa.R.C.P. 206.6 is adopted to govern petition practice in the Sixteenth Judicial District, and, accordingly, upon the filing of a petition, a Rule shall issue as of course, unless otherwise required by statute, or other Pennsylvania Rule of Civil Procedure.

   Note: In some cases, another Rule of Civil Procedure may require Court review of a petition before the Rule issues. See, e.g., Pa.R.C.P. 2959(b) (before rule issues, determination must be made whether or not a petition to strike or open confessed judgment states prima facie grounds for relief).

Som.R.C.P.  209.1. Stays.

   When a stay of proceedings is sought, a special stay order shall be prepared and attached to the Petition and presented to the Court in accordance with Motions Judge practice.

   (Formerly R35-107).

[Pa.B. Doc. No. 96-530. Filed for public inspection April 5, 1996, 9:00 a.m.]


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