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PA Bulletin, Doc. No. 97-1850

THE COURTS

SOMERSET COUNTY

Consolidated Rules of Court; No. 80 Miscellaneous 1997

[27 Pa.B. 6077]

Adopting Order

   Now, this 27 day of October, 1997, it is hereby Ordered:

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

   Som. R.C.P. 212.1. Filing of Pretrial Statement.

   Som. R.C.P. 212.2. Pretrial Statement. Content.

   Som. R.C.P. 212.3. Pretrial Conferences.

   2.  Som. R.C.P. 214, relating to civil trials, scheduling, call of list and jury selection, is amended to read in its entirety, as shown on the following revised pages 1, 2 and 3 of Som. R.C.P. 214, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   3.  Som. R.J.A. 1021, relating to civil trial scheduling and pretrial conference, is amended to read in its entirety as shown in the following consisting of one page, containing Som. R.J.A. 1021, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   4.  Upon the effective date of the Rules designated above in paragraphs 1, 2, and 3 of this Order, presently existing Som. R.C.P. 212 is rescinded.

   5.  The Somerset County Court Administrator shall:

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

   B.  Distribute two (2) certified copies of this Order and the following 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

Rules of Court

Trial Case
Procedure
Pretrial Conference and Pretrial Statements

Som. R.C.P. 212.1.  Filing of Pretrial Statement.

   At least seven days before the pretrial conference, each party shall file a written pretrial statement.

Som. R.C.P. 212.2.  Pretrial Statement. Content.

   A pretrial statement shall contain the information required by Pa.R.C.P. 212.2, and in addition, a concise statement of significant propositions of law involved, together with citation of authorities relied upon.

Som. R.C.P. 212.3.  Pretrial Conference.

   A.  A formal pretrial conference in each jury case shall be scheduled no later than the fourth week preceding commencement of the trial session, unless otherwise scheduled by special order. Pretrial conferences will be scheduled in nonjury cases only on timely motion, and only for cause.

   B.  A formal record of each pretrial conference will be made and transcribed, and a copy furnished to each counsel and unrepresented party, as of course.

   C.  Trial counsel for each party must be present unless excused for cause shown. All counsel shall be prepared to summarize in detail the trial testimony of each named witness if requested. Counsel shall be prepared and familiar with the case and shall be authorized to act for their clients with respect to the trial of the case.

   D.  At the conference, counsel shall also inform the court of the following:

   1.  Readiness for trial, including all proceedings and actions, if any, to be taken prior to trial; and

   2.  Estimated trial time; and

   3.  Chances of settlement.

   E.  Parties may attend the conference, as counsel shall determine. The court and counsel may interrogate the parties, if called to testify, or to make any record statement, on any relevant matter.

Trial Case
Case Procedure

Som. R.C.P. 214.  Civil Trials. Scheduling.
Call of List. Jury Selection.

   A.  A ''trial case'' is a case which is ready for plenary jury or nonjury trial on the merits, and: (i) in which a jury trial is mandated unless waived, (ii) in which a jury trial although not mandated has been ordered by the court, (iii) which is a nonjury civil action at law or in equity filed in the Prothonotary's office which is governed by the Pennsylvania Rules of Civil Procedure, or (iv) which is a paternity action at issue and ready for trial under the Pennsylvania Rules of Civil Procedure governing support and paternity actions.

   B.  Civil trial cases are ready for trial within the meaning of these rules only when a trial scheduling praecipe is filed with the Prothonotary in the form provided in Som. R.J.A. 1099, available through the Court Administrator's office or Prothonotary's office, or when ordered on the trial list by court order.

   C.  A final call of the list, for final report of readiness and estimated trial time, shall be held on the first day of the second week preceding commencement of the trial session, at which call, trial counsel must, unless excused for cause, be present to report for readiness for trial.

   D.  At the call of the list, the report of readiness for trial means that: All parties, witnesses and counsel will (barring unexpected subsequent causes) be available, prepared and present for trial on the scheduled trial date and throughout the trial session until the case is called and trial completed. The readiness report is a professional commitment to the court and to all others in the case as above defined. Therefore, the readiness report certifies that reporting counsel has made the necessary recent inquiries of parties and witnesses in advance so that the readiness report will be informed and dependable. Accordingly, if readiness is qualified in any way for any reason, the court must be informed thereof at the time of the call of the list, and facts which existed and should have been discovered before the readiness report are not cause for later continuance.

   E.  Trials will begin on the date and time shown on the trial schedule, or as soon thereafter as the preceding case is concluded.

   F.  Juries for all civil jury trials shall be selected in accordance with the following procedure:

   1.  Juries for all cases on the trial schedule shall be selected on the first day of the trial session.

   2.  Jury selection includes voir dire and all steps necessary to be ready for trial, except that the jury will not be sworn until the trial actually begins.

   3.  Before the jury is sworn, counsel will be permitted additional voir dire, upon request.

   NOTE:  For general scheduling procedures, see Som. R.J.A. 1010 et seq. (Derived from former R50-101, R50-201, R50-204, R50-207, R50-206).

Scheduling Procedure--
Civil Trial Cases

Som. R.J.A. 1021.  Civil Trial Scheduling.
Pretrial Conference.

   A formal pretrial conference in each jury case shall be scheduled no later than the fourth week preceding commencement of the trial session, unless otherwise scheduled by special order. Pretrial conferences will be scheduled in nonjury cases only on timely motion, and for cause. (Derived from former R50-204).

   NOTE:  See also Pa.R.C.P. 212.1, 212.2 and 212.3 and corresponding Somerset County Rules of Civil Procedure.

[Pa.B. Doc. No. 97-1850. Filed for public inspection November 21, 1997, 9:00 a.m.]


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