THE COURTS
Title 255--LOCAL COURT RULES
BEAVER COUNTY
Amendments to Local Rules of Civil Procedure; No. 10912 of 1998
[28 Pa.B. 3255]
Order It is ordered that Local Rule Nos. 212.1, 212.2 and 220.1, the texts of which follow hereto, are adopted. All local rules or parts thereof which are inconsistent are rescinded.
This Order shall be effective thirty (30) days after publication in the Pennsylvania Bulletin. The Court Administrator of Beaver County shall submit seven certified copies of this Order and the attachments to the Administrative Office of Pennsylvania Courts, two certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one certified copy to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court and one with the Prothonotary of Beaver County to be kept for public inspection and copying.
By the Court
ROBERT C. REED,
President JudgeLocal Rule 212.1. Civil Actions.
A. All civil actions which are to be tried by a jury may be tried, at the earliest, during the term of trials next following the filing of a Certificate of Readiness for Trial.
Note This provision is intended to constitute the Notice required by Pa.R.C.P. No. 212.1(a).
B. (1) A civil action shall be certified for trial by filing with the Prothonotary of Beaver County a Certificate of Readiness for Trial. A copy of the Certificate of Readiness for Trial shall likewise be transmitted by the moving party to the Court Administrator of Beaver County.
(2) No case may be certified for trial without having first given at least sixty (60) days written notice of intention to do so to all other parties or their counsel of record.
(3) After a case has been certified for trial, no motion for judgment on the pleadings or for summary judgment may be filed without having first secured leave of court to do so for cause shown.
(4) After a case has been certified for trial, no discovery, including an independent medical examination, may be initiated without having first secured leave of court to do so for cause shown.
(5) Any other party may file exceptions to the certificate of readiness within ten (10) days of the filing thereof. The exceptions shall be presented to the judge assigned to receive civil motions after notice pursuant to Rule L206B has been given.
Local Rule 212.2.
A. A pre-trial conference shall be scheduled by the Court Administrator for every case certified for jury trial unless otherwise directed by the court. Pre-trial conferences shall be scheduled on those dates designated for that purpose on the court calendar and on such other dates as may from time to time be designated by the court.
(1) Prior to the pre-trial conference, a party shall provide the opposing party with a copy of all documents or records secured through an authorization of the opposing party. Any such documents or records not so provided may not be used at trial for any purpose.
(2) Pre-trial statements which comply with Pa.R.C.P. No. 212.2 shall be submitted to the judge assigned to conduct the pre-trial conference not later than five (5) business days prior thereto. In addition to the requirements of Pa.R.C.P. No. 212.2, the pre-trial statement shall contain:
(a) a statement of legal and evidentiary issues which are anticipated to arise together with a citation to authority;
(b) an itemized statement of all medical and hospital and other bills and expenses claimed;
(c) an itemized statement of lost earnings and impairment of earning power together with the basis therefore.
(d) a statement, if applicable, as to the plaintiff's selection of the limited or full tort option. If a limited tort option applies, a statement to support eligibility for recovery of non-economic damages shall be included.
Note Although Pa.R.C.P. No. 212.2(5) requires the inclusion of an expert report or proper answer to interrogatory and the note thereto permits physician notes or records in lieu of a report, neither copies of hospital records nor illegible office notes are to be included.
All trial exhibits are to be marked for identification but need not be attached to the pre-trial statement.
(3) The pre-trial conference shall be attended by trial counsel as well as the plaintiff, a representative of the defendant's insurance carrier who has settlement authority, as well as any defendant whose personal approval of a settlement offer is required.
(4) After the pre-trial conference has concluded, no supplemental pre-trial statement may be filed without leave of court for cause shown.
Local Rule 220.1. Voir Dire of Prospective Jurors.
Voir Dire of Prospective Jurors shall include the use of a written questionnaire and oral examination. Oral examination shall be conducted by an employee of the county who shall be designated from time to time by the court. Such oral examination shall consist of the voir dire questions attached hereto.
Questions may be deleted or revised to accommodate the particular case either by agreement of counsel for the parties or by leave of court. Additional questions may be submitted by agreement of counsel for the parties or by leave of court. All deletions, revisions and additions to the list of questions shall be submitted in writing prior to the commencement of voir dire and, unless agreed upon by counsel for all parties, shall not be propounded to prospective jurors without court approval.
VOIR DIRE QUESTIONS The following questions shall be propounded to the entire panel of prospective jurors or to each prospective juror selected for each case:
1. The attorneys in this lawsuit and their respective law firms are:
For Plaintiff(s), _________________ from _________________
AttorneyLaw FirmFor Defendant(s) _________________ from _________________
AttorneyLaw FirmFor _________________ , _________________ from _________________
AttorneyLaw FirmFor _________________ , _________________ from _________________
AttorneyLaw FirmHave (any of) you had any social, business or professional contact with any of these attorneys or their law firms?
2. The parties to this lawsuit include:
Plaintiff(s) __________
Defendant(s) __________
Do (any of) you know or have you had any social, business or other contact or employment with any of the parties? Are you a stockholder in (Name of Corporation/Defendant)?
3. This lawsuit concerns __________
__________
(Brief description to be provided by counsel for the parties).Do (any of) you know anything about the case?
4. The following individuals may be called to testify on behalf of one or more of the parties. Have you or any of your family members had any social, business or professional contact with any of the potential witnesses?
(a) __________
(b) __________
(c) __________
(d) __________
(e) __________
5. Have you or any members of your family ever been involved in a civil lawsuit, either as a plaintiff, a defendant or as a witness? If so,
(a) what kind of lawsuit was it?
(b) were you a party or a witness?
(c) Would your experience in any way affect your ability to remain fair and impartial in this case?
6. Have you or any member of your family ever been a victim of a crime or a witness in a criminal case? If so,
(a) what criminal charges were involved?
(b) were you a victim or witness?
(c) Would your experience in any way affect your ability to remain fair and impartial in this case?
7. Are you a licensed operator of a motor vehicle?
8. Do you or does any member of your family or household have any kind of relationship, whether personal, professional or social, with law enforcement personnel?
If so, would that relationship prevent you from being fair and impartial in this case?
9. Do you or does any member of your family or household own any stock in an insurance company or ever work in the insurance industry?
(a) If so, please explain.
(b) Will that affect your judgment in this case so that you may not be able to be fair and impartial to either party?
10. Have you heard or seen information or advertising that deals with the subject of lawsuits generally or claims for money damages specifically?
(a) As a result, do you have an opinion or belief about lawsuits in general?
(b) If so, what is your opinion?
(c) Will that influence your judgment so that you may not be able to be fair and impartial to either party in this case?
11. Are there any other reasons which cause you to believe you cannot or should not serve as a juror in this case?
[Pa.B. Doc. No. 98-1091. Filed for public inspection July 10, 1998, 9:00 a.m.]
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