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PA Bulletin, Doc. No. 98-959

THE COURTS

WESTMORELAND COUNTY

Administrative Order: In Re Civil Rules; No. 3 of 1998

[28 Pa.B. 2808]

Order of Court

   And Now, to wit, this 20th day of May, 1998, it is Ordered that Westmoreland County Rules of Civil Procedure W200.3, W200.4(a), W212.3(a), W1301(d) be repealed, and that new Westmoreland County Rules of Civil Procedure W200.3, W200.4(a), W212.3(a), and W1301(d) are hereby adopted.

By the Court

CHARLES H. LOUGHRAN,   
President Judge

BUSINESS OF COURTS

Rule W200.3.  Placing Civil Litigation at Issue.

   (a)  All civil actions which are to be tried by jury, non-jury or by compulsory arbitration shall be placed at issue by the Court Administrator, either upon

   (1)  the filing of a praecipe in accordance with Rules W200.4 and W1301, or

   (2)  by court order.

   (b)  Upon receipt of a praecipe or a court order, the Court Administrator shall place the case at issue as follows:

   (1)  in civil actions in which the damages sought exceed the jurisdictional limit for compulsory arbitration and which are to be tried by a jury, the Court Administrator shall notify counsel of record or unrepresented parties of the following:

   A.  the earliest trial date, which shall be the first day of the trial term which commences after the ninetieth (90th) day following the date the case was placed at issue.

   B.  that pre-trial statements of the parties shall be filed in accordance with Pa.R.C.P. 212.1(b).

   (2)  in civil actions in which the damages sought do not exceed the jurisdictional limit for compulsory arbitration, the Court Administrator shall list the case for an arbitration hearing on the next available date.

   (3)  in civil actions in which the damages sought exceed the jurisdictional limit for compulsory arbitration and which are to be tried non-jury, the Court Administrator shall forward the case to the assigned Judge for scheduling.

Rule W200.4.  Praecipe for Trial.

   (a)  Any unrepresented party or counsel of record may file a praecipe for trial to place the case at issue. At least twenty (20) days written notice of the intention to file a praecipe for trial shall be served on all unrepresented parties and counsel of record, and a copy of the proposed praecipe shall be included.

Rule W212.3.  Settlement Conference.

   (a)  After a case has been placed at issue pursuant to Rule W200.3(b)1, the court administrator will schedule a settlement conference and notify counsel of record of the date and time of such conference.

Rule W1301.  Cases for Submission to Arbitration.

   (d)  Arbitration Praecipe

   A party or counsel of record may file with the prothonotary an arbitration praecipe in order to place the case at issue. A copy of the arbitration praecipe shall immediately be delivered to the court administrator and all other counsel of record or pro se parties.

   Note: A copy of the Praecipe for Arbitration form is provided in the Forms section of the Westmoreland County Rules of Court.

[Pa.B. Doc. No. 98-959. Filed for public inspection June 19, 1998, 9:00 a.m.]


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