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PA Bulletin, Doc. No. 98-1356

THE COURTS

FAYETTE COUNTY

Local Rule 214: Pre-Trial Docket and Jury Trial Docket; Civil Division No. 1471 of 1998, G. D.

[28 Pa.B. 4178]

Order

   And Now, this 30th day of July, 1998, it is hereby Ordered that Fayette County Rule of Civil Procedure 214 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 the 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 Judge

Rule 214. Pre-Trial Docket and Jury Trial Docket.

   (a)  The Prothonotary shall keep a Pre-Trial Docket and shall enter therein each case named in the certification of readiness of any party. Cases shall be entered in the order in which the certifications are filed and the date of entry shall be noted on the Docket.

   (b)  The Prothonotary shall also keep a Jury Trial Docket, in which there shall be entered each case to be tried by jury, in chronological sequence according to the date of the pre-trial adjudication.

   (c)  Non-jury and equity trials shall be scheduled for trial upon motion.

   (d)  A case shall remain on the Jury Trial Docket until it has been tried, settled, discontinued or removed by order of Court. The Prothonotary shall note the disposition of each case on the Docket.

   (e)  The Court may order a case removed from either docket because of the failure of the plaintiff to proceed with reasonable diligence or for other appropriate cause. Such a case may be reentered in either docket only by order of Court and only as of the date of such order.

   (f)  There shall be four (4) Sessions of Civil Jury Trials each year, beginning respectively on the third Monday of January, the third Monday of April, the third Monday of July and the third Monday of October, unless otherwise specifically ordered.

   (g)  On the first business day of the month preceding that during which the next regular Session of Civil Jury Trials is to begin, the Prothonotary shall prepare and post publicly in that office a trial list for the Session containing all pending cases entered on the Jury Trial Docket. The cases on the Jury Trial Docket shall be listed in the order in which they were entered in said Docket, and shall be numbered consecutively for trial beginning on the opening day of the Session. The posting of the list shall constitute publication of the trial list for that Session for the purposes of Pa.R.C.P. No. 216.

   (h)  At least twenty (20) days before the beginning of each Session, the Prothonotary shall have the posted list printed, together with a list of the jurors summoned for the Session, and shall furnish a copy thereof to each member of the Court and to all attorneys requesting it.

   (i)  On the Friday immediately preceding the beginning of a Session, not later than 3:30 o'clock p.m., the Court Administrator shall prepare and post in the Prothonotary's office a list of all cases to be called for trial on the following Monday, and likewise thereafter from day to daya list of all cases expected to be called for trial on the following day. Except as otherwise directed by the Court, and subject to the preferences given by Pa.R.C.P. No. 214, the daily list shall be composed of (1) cases fixed by the Court for that day; and (2) cases taken in numerical order from the list, unless made impracticable by the conflicting engagements of counsel. The posting of the daily lists shall constitute sufficient notice of call for trial on that day. The Prothonotary shall furnish a copy of each daily list to each member of the Court and to all attorneys requesting it.

   (j)  The trial list shall be called for answer in the courtroom of the Motions Judge on the third Friday preceding the beginning of each Session of Civil Jury Trials at 9:30 o'clock A.M. At that time, written motions for continuance may be presented. Later motions for continuance will not be considered, unless for a cause not existing or known at the call of the list. All motions for continuance shall be in writing, after notice as required by Pa.R.C.P. No. 216 and F.C.R. 211(e). No case shall be continued for trial without a jury until an agreement of all parties to dispense with trial by jury has been filed of record.

   If no answer is made, the case will be stricken from the list and reinstated only upon praecipe and placed at the end thereof.

   (k)  Any case on the trial list that is called for trial during the session but not reached for trial, shall, at the next session, receive priority over cases that are continued at the call of the list.

[Pa.B. Doc. No. 98-1356. Filed for public inspection August 21, 1998, 9:00 a.m.]


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