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PA Bulletin, Doc. No. 98-1644

THE COURTS

Title 255--LOCAL COURT RULES

BEDFORD COUNTY

Local Rule Relating to Termination of Inactive Civil and Criminal Cases; Misc. Doc. No. 60071

[28 Pa.B. 5092]

Order of Court

   And now, this 17th day of September, 1998, pursuant to Pennsylvania Rule of Civil Procedure No. 239, Pennsylvania Rule of Criminal Procedure No. 6 and Pennsylvania Rule of Judicial Administration No. 1901, the Court hereby promulgates this Local Rule of Court relating to termination of inactive civil and criminal cases for Bedford County, comprising the 57th Judicial District of the Commonwealth of Pennsylvania, effective thirty (30) days after publication in the Pennsylvania Bulletin. The said Rule follows hereto as Exhibit I.

By the Court

DANIEL LEE HOWSARE,   
President Judge

TERMINATION OF INACTIVE CIVIL AND CRIMINAL CASES

Rule of Judicial Administration No. 1901.

   (A)  The prothonotary shall list for general call at the first civil argument court held after September 1 of each year all civil matters in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa.R.J.A. No. 1901(c). If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.

   (B)  The clerk of court shall list at the first criminal argument court held after September 1 of each year all criminal proceedings in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to the district attorney, any private prosecutor and the defendant, as provided by Pa.R.J.A. No. 1901(c). If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.

Exhibit I

[Pa.B. Doc. No. 98-1644. Filed for public inspection October 9, 1998, 9:00 a.m.]


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