Pennsylvania Bulletin

PA Bulletin, Doc. No. 96-1471

THE COURTS

PHILADELPHIA COUNTY

Governing Location of Filing Civil Petitions, Motions and Courtrooms Assigned Revised Consolidation Motion Practices, Assignment of Petitions and Motions to Judges and Adoption of Revised Motion Court Cover Sheet; Administrative Doc. No. 3 of 1996

[26 Pa.B. 4329]

   Whereas, the Court of Common Pleas has adopted a caseflow management system that provides for judicial responsibility for the orderly administration of civil cases, and

   Whereas, decisions critical to the orderly processing of civil cases should be made by the judge ultimately responsible for the disposition of a case to the extent practicable, and

   Whereas, current practices governing consolidations are not consistent with individual judicial responsibility, and

   Whereas, the attainment of these goals will require modification to the structure of Civil Administration, it is hereby

   Ordered that the following shall occur:

Filing Location and Courtroom Assignment

   1.  All Petitions and Motions other than Discovery Motions shall be filed in the Prothonotary's Office, Second Filing, Room 280, City Hall (not in Room 395, City Hall).

   2.  Motion Court proceedings shall be heard in Courtroom 275, City Hall.

   3.  Discovery motions shall be filed in Room 287, City Hall.

   4.  All Discovery Court proceedings shall be heard in Courtroom 285, City Hall.

Revised Consolidation Motion Practice

   1.  All Petitions and Motions to Consolidate will be processed through normal Motion Court procedures. These matters will no longer be subject to alternate motion procedures.

   2.  All Petitions and Motions to Consolidate must contain the following information:

   The program designation of each of the cases, i.e., Arbitration, Arbitration Appeal (general jury), Non-Jury, Mass Tort, Day Backward, Final Day Backward, Day Forward 1995, 1996 or 1997; the next scheduled action and date of that action of each of the cases; whether the cases are subject to a Case Management Order (if so, a copy of the Order(s) must be attached); the name of the assigned judge; and shall state on the basis of inquiry upon all counsel whether there is any opposition.

   3.  Motions and Petitions will be assigned as follows:

   a.  Where the Consolidation involves a Major Jury case, the Motion or Petition will be assigned to the Coordinating Judge of the most recently filed Major Jury case.

   The Coordinating Judges of Major Jury cases are: Cases filed in 1996--Judge Sheppard. Cases filed in 1995--Judge Bernstein. Cases filed July, 1993 through December, 1994--Judge Manfredi. Cases filed prior to 1994--Judge Lord.

   b.  Where the Consolidation involves no Major Jury cases but does involve Non-Jury, Arbitration Appeal or Mass Tort cases, the Motion or Petition will be assigned to Judge DiNubile.

   c.  Where the Consolidation involves all Arbitration cases, the Motion or Petition will be assigned to Judge Herron, Administrative Judge.

   4.  Stipulations to Consolidate will no longer be accepted.

Assignment of Petitions and Motions to Judges

   1.  It is further Ordered that Motions and Petitions shall be assigned according to the Matrix of Motion Assignments, a copy of which follows as Appendix A, or as modified from time to time.

Revised Motion Court Cover Sheet

   1.  It is further Ordered that all motions and Petitions shall be accompanied by a Motion Court Cover Sheet in the form following as Appendix B.

   This General Court Regulation is promulgated in accordance with the April 11, 1986 Order of the Supreme Court of Pennsylvania, Eastern District, No. 55, Judicial Administration, Docket No. 1, Phila. Civ. *51 and Pa.R.C.P. 239, and shall become effective immediately. As required by Pa.R.C.P. 239, the original regulation shall be filed with the Prothonotary in a docket maintained for General Court Regulations issued by the Administrative Judge of the Trial Division; and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedural Rules Committee. Copies of the regulation shall also be submitted to Legal Communications, Ltd., The Legal Intelligencer, Jenkins Memorial Law Library and the Law Library for the First Judicial District.

JOHN W. HERRON,
Administrative Judge

rev. 8/22/96                                             MATRIX OF JUDICIAL ASSIGNMENTS OF MOTIONS

TYPE & STATUS OF CASE NON DISCOVERY DISCOVERY

Day Backward (cases filed prior to 9307)--No Team Assignment Motion Judges Discovery Judge

Day Backward (cases filed prior to 9307)--Team Assigned--No trial date set Team Leader Discovery Judge

Day Backward (cases filed prior to 9307)--Team Assigned--Listed for Trial Team Leader Team Leader

The following Non Discovery Motions in Day Backward Cases (cases filed prior to 9307) will be assigned to the Coordinating Judge of the Day Backward Program:
            All Day Backward (cases filed prior to 9307) Petitions for Extraordinary
               Relief

Final Day Backward (9307 to 9412) Motion Judges Discovery Judge

The following Non Discovery Motions in Final Day Backward Cases will be assigned to the Final Day Backward Team Leader:
            All Petitions to Withdraw;
All Petitions for Minor's Compromise and Wrongful Death;
All Petitions and Motions to Consolidate if Final Day Backward case is
   latest filed;
All Final Day Backward Petitions for Extraordinary Relief;
All Final Day Backward Motions for Change of Venue;
All Final Day Backward Motions for Joinder of Additional Defendant(s);
All Final Day Backward Pro Hac Vice Motions;
All Final Day Backward Motions for Summary Judgment and Judgment
   on Pleadings;
All Petitions to Transfer from Arbitration to Final Day Backward.

Day Forward 1995 Motion Judges Discovery Judge

The following Non Discovery Motions in Day Forward 1995 Cases will be assigned to the Day Forward 1995 Team Leader:
            All Petitions to Withdraw;
All Petitions for Minor's Compromise and Wrongful Death;
All Petitions and Motions to Consolidate if Day Forward 1995 case is
   latest filed;
All 1995 Petitions for Extraordinary Relief;
All 1995 Motions for Change of Venue;
All 1995 Motions for Joinder of Additional Defendant(s);
All 1995 Pro Hac Vice Motions;
All 1995 Motions for Summary Judgment and Judgment on Pleadings;
All Petitions to Transfer from Arbitration to Day Forward 1995.

Day Forward 1996 Motion Judges Discovery Judge

The following Non Discovery Motions in Day Forward 1996 Cases will be assigned to the Day Forward 1996 Team Leader:
            All Petitions to Withdraw;
All Petitions for Minor's Compromise and Wrongful Death;
All Petitions and Motions to Consolidate if Day Forward 1996 case is
   latest filed;
All 1996 Petitions for Extraordinary Relief;
All 1996 Motions for Change of Venue;
All 1996 Motions for Joinder of Additional Defendant(s);
All 1996 Pro Hac Vice Motions;
All Petitions to Transfer from Arbitration to Day Forward 1996.

Mass Tort CLC Calendar Judge (Letter Form) CLC Calendar Judge (Letter Form)

Arbitration Distribution by Admin. Judge Discovery Judge

Post Arbitration & Arbitration Appeal Motion Judges Discovery Judge

Requests for Preliminary Injunctive Relief Motion Judges Motion Judges

Non Jury Motion Judges Discovery Judge

The following Motions shall be assigned to the Administrative Judge:
            All Petitions for Minor's Compromise and Wrongful Death--unassigned
   cases;
All Petitions for Assignment of an Individual Judge;
All Motions for Advancement on the Trial List;
All Petitions to Appoint Neutral Arbitrators;
All Petitions to Compel Arbitration;
All Petitions and Motions to Consolidate Arbitration Cases.

APPENDIX A

[Pa.B. Doc. No. 96-1471. Filed for public inspection September 6, 1996, 9:00 a.m.]

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rev. 8/22/96 MATRIX OF JUDICIAL ASSIGNMENTS OF MOTIONS
TYPE & STATUS OF CASE	NON DISCOVERY	DISCOVERY
Day Backward (cases filed prior to 9307)--No Team Assignment	Motion Judges	Discovery Judge
Day Backward (cases filed prior to 9307)--Team Assigned--No trial date set	Team Leader	Discovery Judge
Day Backward (cases filed prior to 9307)--Team Assigned--Listed for Trial	Team Leader	Team Leader
The following Non Discovery Motions in Day Backward Cases (cases filed prior to 9307) will be assigned to the Coordinating Judge of the Day Backward Program: All Day Backward (cases filed prior to 9307) Petitions for Extraordinary Relief
Final Day Backward (9307 to 9412)	Motion Judges	Discovery Judge
The following Non Discovery Motions in Final Day Backward Cases will be assigned to the Final Day Backward Team Leader: All Petitions to Withdraw; All Petitions for Minor's Compromise and Wrongful Death; All Petitions and Motions to Consolidate if Final Day Backward case is latest filed; All Final Day Backward Petitions for Extraordinary Relief; All Final Day Backward Motions for Change of Venue; All Final Day Backward Motions for Joinder of Additional Defendant(s); All Final Day Backward Pro Hac Vice Motions; All Final Day Backward Motions for Summary Judgment and Judgment on Pleadings; All Petitions to Transfer from Arbitration to Final Day Backward.
Day Forward 1995	Motion Judges	Discovery Judge
The following Non Discovery Motions in Day Forward 1995 Cases will be assigned to the Day Forward 1995 Team Leader: All Petitions to Withdraw; All Petitions for Minor's Compromise and Wrongful Death; All Petitions and Motions to Consolidate if Day Forward 1995 case is latest filed; All 1995 Petitions for Extraordinary Relief; All 1995 Motions for Change of Venue; All 1995 Motions for Joinder of Additional Defendant(s); All 1995 Pro Hac Vice Motions; All 1995 Motions for Summary Judgment and Judgment on Pleadings; All Petitions to Transfer from Arbitration to Day Forward 1995.
Day Forward 1996	Motion Judges	Discovery Judge
The following Non Discovery Motions in Day Forward 1996 Cases will be assigned to the Day Forward 1996 Team Leader: All Petitions to Withdraw; All Petitions for Minor's Compromise and Wrongful Death; All Petitions and Motions to Consolidate if Day Forward 1996 case is latest filed; All 1996 Petitions for Extraordinary Relief; All 1996 Motions for Change of Venue; All 1996 Motions for Joinder of Additional Defendant(s); All 1996 Pro Hac Vice Motions; All Petitions to Transfer from Arbitration to Day Forward 1996.
Mass Tort	CLC Calendar Judge (Letter Form)	CLC Calendar Judge (Letter Form)
Arbitration	Distribution by Admin. Judge	Discovery Judge
Post Arbitration & Arbitration Appeal	Motion Judges	Discovery Judge
Requests for Preliminary Injunctive Relief	Motion Judges	Motion Judges
Non Jury	Motion Judges	Discovery Judge
The following Motions shall be assigned to the Administrative Judge: All Petitions for Minor's Compromise and Wrongful Death--unassigned cases; All Petitions for Assignment of an Individual Judge; All Motions for Advancement on the Trial List; All Petitions to Appoint Neutral Arbitrators; All Petitions to Compel Arbitration; All Petitions and Motions to Consolidate Arbitration Cases.