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PA Bulletin, Doc. No. 96-1831

THE COURTS

Title 255--LOCAL COURT RULES

DAUPHIN COUNTY

Rules of Civil Procedure; No. 1793 S 1989

[26 Pa.B. 5228]

Order

   And Now, this 18th day of October, 1996, Dauphin County Rules of Civil Procedure are amended as follows:

Rule 211.  Argument Court.

   A.  MATTERS CONSIDERED

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   (3)  Preliminary objections to the existence or exercise of jurisdiction or venue in any action brought under the Domestic Relations Code (23 Pa.C.S.) shall be assigned to a judge for disposition in accordance with Dauphin County Local Rule of Civil Procedure 215.2.

Rule 215.1.  Jury Trials.

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   (2)  OBJECTIONS AND MOTIONS FOR CONTINUANCE

   (a)(i)  At least three (3) weeks prior to the first day of the trial session any and all objections by a party to the listing of a case [listed in accordance with Rule 215.1(1)] must be [submitted to the Court Administrator, with a copy to each counsel of record.] presented in the form of a motion to strike. The motion shall contain a procedural history of the case and a detailed statement as to why the objection is being made. The motion must be filed with the Prothonotary, with copies served upon all other counsel and the Court Administrator's Office.

   (ii)  In cases which are otherwise ready for trial, a party shall move for a continuance pursuant to Pa.R.Civ.P. 216. Such motions will be heard by the Calendar Judge unless the case has been previously assigned to another member of the court.

   (b)  Objections [to the listing of a case] and motions for continuance submitted in accordance with Rule 215.1(2)(a) will be heard by the Calendar Judge, as provided for in Rule 215.1(5), on the Friday of the third week prior to the trial session.

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Rule 215.2.  Non-Jury Trials and Other Proceedings.

   (1)  Non-jury proceedings include, but are not limited to, Non-Jury Civil Actions, Equity, Discovery Motions, Change of Name Petitions, Special Relief in Divorce Petitions, and Minor Settlement Petitions, [Appeal] Appeals from License Suspension, Exceptions to Divorce Master's Report, Tax Sale Exceptions, Preliminary Objections to Jurisdiction or Venue in Actions under the Domestic Relations Code, and Class Actions.

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Rule 1910.7.  Question of Jurisdiction or Venue.

   Preliminary objections to the existence or exercise of jurisdiction or venue in any support action shall be assigned to a judge for disposition in accordance with Dauphin County Local Rule of Civil Procedure 215.2.

Rule 1915.5.  Question of Jurisdiction or Venue. No Responsive Pleading Required. Counterclaim.

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   (c)  Preliminary objections to the existence or exercise of jurisdiction or venue in any custody action shall be assigned to a judge for disposition in accordance with Dauphin County Local Rule of Civil Procedure 215.2.

Rule 1920.2.  Question of Jurisdiction or Venue.

   Preliminary objections to the existence or exercise of jurisdiction or venue in any divorce action shall be assigned to a judge for disposition in accordance with Dauphin County Local Rule of Civil Procedure 215.2.

   These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

CLARENCE C. MORRISON,   
President Judge

[Pa.B. Doc. No. 96-1831. Filed for public inspection November 1, 1996, 9:00 a.m.]


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