THE COURTS
FAYETTE COUNTY
Local Rule 212: Pre-Trial Procedure; Civil Division No. 1470 of 1998, G. D.
[28 Pa.B. 4177]
Order And Now, this 30th day of July, 1998, it is hereby Ordered that Fayette County Rule of Civil Procedure 212 is hereby amended as follows. This amendment shall be effective 30 days after the publication in the Pennsylvania Bulletin.
The Prothonotary of Fayette County is Ordered and Directed to do the following:
(1) File seven (7) certified copies of this Order and Amended Rule with the Administrative Office of Pennsylvania Courts.
(2) File two (2) certified copies of this Order and Amended Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) File one (1) certified copy of this Order and Amended Rule with the Pennsylvania Civil Rules Committee.
(4) Forward one (1) copy for publication in the Fayette Legal Journal.
(5) Forward one (1) copy to the Fayette County Law Library.
(6) Keep continuously available for public inspection copies of this Order and Rule.
By the Court
WILLIAM J. FRANKS,
President JudgeRule 212. Pre-Trial Procedure.
(a) There will be a pre-trial conference in every civil case unless counsel for all parties stipulate in writing to the contrary and approval is granted by the Court. Cases submitted to compulsory arbitration under Rule 1301 shall have a pre-trial conference only if the award of arbitrators is appealed. In paternity cases, the pre-trial conference shall be conducted by the Domestic Relations Hearing Officer, who shall file a report of same. The Prothonotary shall refer medical malpractice cases to the Health Care Conciliation Program of the Commonwealth of Pennsylvania for a conciliation conference before the pre-trial conference.
(b) The Prothonotary shall keep a Pre-Trial Docket. Cases may be placed on the Pre-Trial Docket by any party, but only if:
(1) The pleadings shall have been closed for a period of at least ninety (90) days or all parties have, by written stipulation filed, agreed to place the case on the Pre-Trial Docket within a lesser time; and
(2) Such party shall file a certification of readiness with the Prothonotary, with notice given to all parties pursuant to Pa.R.C.P. 440 at least 15 days prior to filing said certification. The certification shall state that the attorney placing the case on the Pre-Trial Docket certifies that all discovery has been completed and the case is ready for trial.
(3) Any party objecting to the certification of readiness shall file a petition setting forth the reasons and the time period within which the objecting party needs to complete the necessary discovery or investigation. A party's failure to file and present the petition in motions court within the 15 day period shall be deemed to be a consent to the certification of readiness.
(c) After the case has been placed upon the Pre-Trial Docket:
(1) All plaintiffs, within twenty (20) days of the filing of the certification of readiness, shall file their pre-trial statements; and
(2) All defendants, within twenty (20) days of the filing of the plaintiffs' pre-trial statements, shall file their pre-trial statements; and
(3) All other parties, within twenty (20) days of the filing of defendants' pre-trial statements, shall file their pre-trial statements.
(d) No discovery will be permitted after the pre-trial conference except upon express order of the Court.
(e) No case shall be listed for trial until after compliance with the pre-trial procedure set forth in these rules.
(f) The written pre-trial statement required under these rules will consist of a brief summary of the essential facts upon which liability is asserted or denied and the legal issues involved. There shall be attached to said statement:
(1) A copy of all reports containing findings or conclusions of any physician who has treated or examined a party or has been consulted in connection with any injuries complained of and who a party expects to call as a witness at the time of trial of the case. If timely production of any such report is not made, the testimony of such physician shall be excluded at the trial except upon consent of the other party or parties or upon express order of the Court.
(2) A copy of all reports containing findings and conclusions of any expert who has been consulted in connection with the matters involved in the case and who a party expects to call as a witness at the trial. If timely production of any such report is not made, the testimony of such expert shall be excluded at the trial, except upon consent of the other party or parties or upon express order of the Court.
(3) A list of the names and addresses of all witnesses the party expects to call, which witnesses shall be classified as liability or damage witnesses.
(4) The pre-trial statement of any party seeking to recover damages for personal injuries will also be accompanied by a written authorization to inspect and make copies of the records and reports of any physician, hospital or clinic by whom or where said party may have been examined, treated, or hospitalized for the injuries or disabilities complained of, and covering prior injuries or disabilities where the same may be relevant.
(5) The pre-trial statement of any party seeking to recover damages shall include a list of the damages that the party intends to claim and prove at the trial.
(6) All counsel shall attach a list of exhibits which shall contain the identifying mark of each exhibit together with a brief description of the exhibit.
(7) All parties shall set forth a realistic estimate of the trial time required for representation of their own case, as well as total trial time required.
(8) The pre-trial statement shall include a brief history of settlement negotiations.
(g) Upon failure of any party to file a pre-trial statement within the time required, the Court may impose the sanctions provided in Pa.R.C.P. No. 4019(c).
(h) Within five (5) days of the filing of the last required pre-trial statement but not later than sixty-five (65) days from the filing of the certification of readiness, the Prothonotary shall notify the Court Administrator that the case may be scheduled for the pre-trial conference. The Court Administrator will assign the case forthwith for pre-trial. The assigned Judge will by order set a time for the pre-trial conference.
(i) At the pre-trial conference, each counsel shall make available to opposing counsel for inspection and copying all exhibits which are expected to be offered in evidence at trial. In addition, the written list of exhibits will be marked to indicate those exhibits which are to be admitted into evidence by stipulation, those exhibits to which there is an agreement of authenticity and a waiver of formal proof but to which objections of admissibility are reserved, and those exhibits to which objections to admissibility and challenges to authenticity and proof are reserved generally. The nature of the objection in each instance shall be briefly stated.
If any exhibits are known to exist or probably will be required but are not available at the time of the pre-trial conference, the substance thereof must be disclosed to opposing parties and numbers or letters shall be reserved for such exhibits upon counsel's list of exhibits. If not discovered or not realized to be necessary until after the pre-trial conference, exhibits must nevertheless be marked before trial. Exhibits not submitted and marked in the manner provided herein shall not be admitted at the trial unless the trial Judge is satisfied that their existence or the necessity for introducing them could not have been determined at the earlier stages referred to in this Rule.
(j) The Judge at the pre-trial conference may consider motions to continue, to amend, to consolidate, to sever, motions in limine, and any other pertinent matters, providing proper notice is given in the pre-trial statement or otherwise.
(k) The Judge presiding at the pre-trial conference shall enter a pre-trial adjudication. Counsel must file written objections within 10 days and present the objection to Motions Court or be deemed to have accepted the pre-trial adjudication.
(l) Unless the Court directs otherwise, the Prothonotary shall add the case to the Jury Trial Docket as of the date of the pre-trial adjudication.
(m) Willful failure to fully disclose in the pre-trial statement or at the pre-trial conference the substance of the evidence as to liability, defenses, damages and the identity of all witnesses proposed to be offered at the trial will result in the exclusion of that evidence or the testimony of those witnesses at the trial. The only exceptions will be matters or witnesses which the Judge determines were not discoverable at the time of the pre-trial conference, and matters to be used solely for impeaching purposes.
(n) When a case is scheduled for pre-trial conference, it shall not be continued except for just cause and upon order of the pre-trial Judge. If there is a failure to comply with the pre-trial rules or with any order issued in the pre-trial procedure, the Judge may impose such sanctions as are warranted by the circumstances. Sanctions may include the dismissal of the plaintiff's cause of action, the grant of permission to proceed ex parte, or the barring of any defendant or other party from offering any testimony. If all parties fail to comply, the action may be dismissed.
(o) The pre-trial conference shall be attended by the attorney who will try the case or by an attorney who is fully prepared and authorized as to all matters which may reasonably be expected to arise during the conference. Parties must also be present, except where the real party in interest is an insurance company, common carrier, corporation or other artificial legal entity, in which instance a representative thereof, other than the attorney, must be present with full authority and power to discuss and settle the case. At the pre-trial conference, the Court shall encourage the amicable settlement of the controversy and the parties and their attorneys shall be prepared to discuss settlement.
(p) The Judge presiding at the pre-trial conference shall refer to arbitration all cases where the amount actually in controversy is found not to exceed the jurisdictional limits of arbitration except where title to lands or tenements may come in question.
(q) The pre-trial adjudication shall control the subsequent course of the action. The adjudication of the pre-trial Judge may include a requirement that one or more of the parties submit a trial brief, or a statement of legal authorities, to be submitted at least ten (10) days before trial. The adjudication may impose such other requirements on the parties as the circumstances may indicate in the discretion of the Judge.
(r) After the pre-trial conference and the entry of the pre-trial adjudication no amendment to any pre-trial statement or pleading shall be presented to the Prothonotary for filing unless authorized at the pre-trial conference or upon further order of Court.
(s) The Court may on motion of any party enlarge any time period set forth in these rules relating to pre-trial procedure.
[Pa.B. Doc. No. 98-1355. Filed for public inspection August 21, 1998, 9:00 a.m.]
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