THE COURTS
Title 255--LOCAL
COURT RULES
MONTGOMERY COUNTY
Revision and Re-Promulgation of Local Rules of Civil Procedure; No. 99-00001-2
[29 Pa.B. 1853]
Order And Now, this 15th day of March, 1999, the Court approves and adopts the following proposed Rule revisions for the Montgomery County Local Rules of Civil Procedure. These Revisions shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin.
The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) certified copy shall be filed with the Domestic Relations Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, and (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.
By the Court
JOSEPH A. SMYTH,
President JudgeRule 14. Zoning Appeals.
(a) Appeals from the decision of a Zoning Hearing Board shall be captioned
See Form (b) Within ten (10) days [after the allowance by this Court] of the issuance of a Writ of Certiorari by this Court, [on petition to review a decision of a Zoning Hearing Board, the petitioner shall give notice in writing of the Court and number of such appeal, to all persons who shall have entered an appearance in writing in the proceedings before the Zoning Hearing Board, stating the name and address of the person or attorney to which it is wished the notice be sent. T] the appellant shall serve a copy of both the Notice of Appeal and Writ [the petition and order of allowance of the writ] upon the Solicitor for the Zoning Hearing Board[or, if none, to], the Solicitor for the municipality [for] within which the Zoning Hearing Board [was appointed to serve as such] is located and all persons and/or entities who shall have entered their written appearance in the proceedings before the Zoning Hearing Board and the matter appealed from.
(c) The record submitted to the Court in compliance with the writ of certiorari shall include a certified copy of the zoning ordinance in effect when the decision was rendered.
(d) Whenever an appeal is taken from a decision of a Zoning Hearing Board and the record is returned by this Court to the Zoning Hearing Board for further proceedings, and [another] a subsequent appeal from a decision of the Zoning Hearing Board is taken in the same case, the number of the original appeal shall [be set forth in the notice of] identify the subsequent appeal filed with the Prothonotary[, and the Prothonotary] who shall docket and file such subsequent appeal to the number of the original appeal.
[Rule 76*(a). Definitions.]
[Rescinded]
[Rule 205.2*. Filing of Pleadings, Papers, Etc.]
[Rescinded]
[Rule 206*(a). Petitions and Answers, Citation of Authority.]
[Rescinded]
[Rule 208*(a). Answer, Effect of Failure to Deny Averment in Petition.]
[Rescinded]
[Rule 209*(c). Effect of Petitioner's Failure to Testify or Furnish Depositions.]
[Rescinded]
[Rule 212*(g). Settlement Conference.]
[Rule 212*(h). Settlement Conference List.]
[Rule 212*(i). Rules Pertaining to Settlement Conference List.]
[Rule 212*(j). Conduct of Settlement Conferences.]
[Rule 212*(k). Certification Required for Trial List Without Settlement Conference.]
Rule 212.1*. Civil Actions to be tried by jury. Civil Actions to be tried non-jury. Equity Actions. Notice of earliest trial date. Time for filing pre-trial statements.
(a)* The Court hereby extends Pa.R.C.P. 212.1 and 212.2 to apply to civil actions to be tried non-jury, and to equity actions. The notice of first listing for trial, generated by the Court Administrator's Office at least 50 days prior to said trial date, shall serve as notice of the earliest trial date required by Pa.R.C.P. 212.1(a).
(b)* All pre-trial statements are to be filed in the Prothonotary's Office not later than fourteen (14) days prior to the earliest trial date.
COMMENT: Pursuant to Pa.R.C.P. 212.1(c)(2), Montgomery County has altered the times set for the filing of pre-trial statements as set forth in Pa.R.C.P. 212.1(b). This Rule applies to matters that are certified for trial pursuant to Local Rule of Civil Procedure 212.1*(d).
Rule 212.1*(d). Certification Required for Trial List.
(1) Certification shall be by all parties.
(2) Certification shall state that no motions are outstanding and that all discovery has been completed.
(3) No discovery shall be permitted after certification unless by agreement of counsel or permission of Court.
(4) If any attorney refuses to join in certification of the case, counsel who wishes the case listed shall request a conference with the designated Judge, and give five days' notice of that appointment to other counsel. Thereafter the Judge shall rule on whether the case is ready for listing and may order the case listed on motion of counsel if in the opinion of the Court the case is ready for certification.
President Judge's note: Local Rule 212.1*(d) Conferences--Members of the Bar are advised that the Board of Judges has agreed to discontinue the practice of ordering cases on the civil trial list where discovery has not been completed, and allowing for discovery to be ongoing. Delays in completing discovery may be addressed through traditional available mechanisms; court orders, with sanctions for failure to comply.--President Judge Joseph A. Smyth, February 1998.
Rule 212.2(a)(7)*. Pre-Trial Statement. Content.
Pursuant to Pa.R.C.P. 212.2(a)(7), the pre-trial statement shall include the following additional information:
(i) the estimated length of trial;
(ii) any scheduling problems;
(iii) any special evidentiary issues;
(iv) a realistic settlement offer or demand.
[Rule 216. Grounds for Continuance, Prior Commitment of Counsel, Failure to Complete Discovery.]
[Rescinded]
Rule 225*(a),*(b). Summing Up, Sequence of Speeches.
*(a) The defendant's attorney may make an [his] opening speech either immediately following the opening speech of plaintiff's attorney or at the opening of the defendant's case.
*(b) The attorney for the party having the burden of proof shall first sum up. The attorney for each adverse party or group of parties may then address the jury and the attorney who commenced the final summations may conclude, restricting himself or herself to answering the arguments advanced.
Rule *229(a)*(1). Discontinuances, Divorce Cases.
(1) In divorce cases a discontinuance shall be entered only by leave of Court after notice to the defendant, and correspondent, if any be named.
[Rule 233*(d)*(e). Service, Notices in Writing, Publication.]
[Rescinded]
[Rule *251. Motions and Rules.]
[Rescinded]
[Rule *252. Post-Trial Relief.]
[Rescinded]
[Rule *261. Court Administrator.]
[Rescinded]
Rule *262. General Trial List.
[(a)] Cases shall be placed on the general civil trial list only upon receipt of a praecipe for civil trial list certifying readiness for trial or upon order of the Court.
[(b)] [Rescinded]
[Rule *263. Trial List.]
[Rescinded]
[Rule *264. Striking Cases from List.]
[Rescinded]
[Rule *271. Trial of Equity Cases and Other Civil Non-Jury Trials.]
[Rescinded]
[Rule *272. Asbestos Cases--Non-Jury Trials.]
Rule *301. Argument Court--Interlocutory Matters.
(a) Filing. Petitions, motions and preliminary objections raising interlocutory matters shall be faced with a cover sheet in the form set forth in Rule 303 and shall be accompanied by the moving party's proposed order. The Prothonotary shall time stamp cover sheets as filed.
(b) Listing. Upon the filing of a petition or motion, the Court Administrator shall fix promptly a return day which shall be not later than thirty (30) days from the date of filing of said petition or motion, and [counsel] the moving party shall forthwith mail to respondent(s) a copy of the petition or motion and the cover sheet indicating the return day thereon. The moving party shall thereafter file a certification that the petition or motion and the rule return date were served upon all parties. In the case of matters in respect to which a rule to show cause is not applicable [or appropriate], the cover sheet shall contain a notice to plead or respond within twenty (20) days of service[, and the moving party shall promptly serve the Court Administrator with a copy of said cover sheet].
(c) Response. At or before the call of the list on the return day [indicated by the cover sheet], the respondent shall file an answer to [a] the petition or motion. The answer shall be faced with the respondent's cover sheet in the form set forth in Rule 303 and shall be accompanied by a [respondent's] proposed order. In the case of matters in respect to which a rule to show cause is not applicable [or appropriate], the respondent, within twenty (20) days of service of the moving party's cover sheet, shall file an [respondent's] answer or other responsive document, if any; respondent's cover sheet; and a [respondent's] proposed order.
(d) Return Day. On the return day [fixed by the Court Administrator], the Court Administrator shall call all matters listed on such day, at which time the Court Administrator shall refer to the Court all matters which are to be stricken or made absolute. Matters in which responses have been filed shall forthwith be referred to the Judge assigned to the case for disposition. In the case of matters in respect to which a rule to show cause is not applicable, after the expiration of the twenty (20) day period, any party may file with the Prothonotary, in duplicate, a praecipe for argument, including a certification that a copy thereof has been served upon all parties. The Prothonotary shall forthwith deliver a copy of said praecipe to the Court Administrator. [The Court Administrator shall refer to the Judge assigned to the case for disposition matters in respect to which a rule to show cause is not applicable or appropriate promptly after twenty (20) days from the date that such matters were filed.] Attendance at the call of the list is optional.
(e) Disposition. The matters referred to the Judge assigned to the case for disposition shall be decided after oral argument, if requested by either party. [which argument shall be scheduled by the judge assigned to the case.] Each party shall limit argument to ten (10) minutes unless extended by the Court.
(f) Briefs. Where the Court orders briefs, the brief of the moving party shall be filed within thirty (30) days of the date of said order and the respondent's brief shall be filed within thirty (30) days of the filing of the brief of the moving party, unless otherwise directed by the Judge assigned to the case. [In interlocutory matters,] A party may voluntarily file a brief even though not specifically directed by the Court. The moving party and the respondent [each] shall file one copy of their respective briefs with [the Judge assigned to the case] the Court Administrator's Office. If the brief of either [the moving] party [or the respondent] is not timely filed as ordered by the Court, the Judge assigned to the case may:
(1) Dismiss the motion, petition or preliminary objection where the moving party has failed to comply;
(2) Grant the requested relief where the respondent has failed to comply;
(3) List the matter for argument at which time only the complying party shall be heard; or
(4) Impose such other sanctions upon the non-complying party as the Judge [assigned to the case] shall deem proper.
[No extension of time for the filing of briefs by agreement of the parties shall be permitted, unless approved by the Judge assigned to the case upon written request.]
[(g)] [Rescinded]
Comments
1. Interlocutory matters are those which are not before the Court for final judgment or adjudication [and include, for example, matters relating to discovery and motions for more specific pleadings]. Please refer to the Pennsylvania Rules of Appellate Procedure for further guidance. Where a singe pleading or motion includes both appealable and interlocutory matters, Rule 302 shall govern.
2. A rule to show cause is an order directing the respondent to state why a prayer for relief or other request of the moving party should not be granted.
3. [Rules to show cause are issued in respect to interlocutory matters raised by petition or motion.] Matters in respect to which a rule to show cause is not applicable [or appropriate] include, for example, preliminary objections.
4. The terms ''party'' or ''parties'' shall be deemed to mean counsel for a party or parties to a legal proceeding and such party or parties as are unrepresented by counsel.
Rule *302. Argument Court--Appealable Matters.
(a) Filing. Petitions, motions and preliminary objections raising appealable matters shall be faced with a cover sheet in the form set forth in Rule 303 and shall be accompanied by the moving party's proposed order. The Prothonotary shall time stamp cover sheets as filed.
(b) Listing. Upon the filing of a petition or motion, the Court Administrator shall fix promptly a return day which shall be not later than thirty (30) days from the date of filing of said petition or motion, and [Counsel] the moving party shall forthwith mail to respondent(s) a copy of the petition or motion and the cover sheet indicating the return day thereon. The moving party shall thereafter file a certification that the petition or motion and the rule return date were served upon all parties. In the case of matters in respect to which a rule to show cause is not applicable, the cover sheet shall contain a notice to plead or respond within twenty (20) days of service.
(c) Response. At or before the call of the list on the return day [indicated by the cover sheet], the respondent shall file an answer to [a] the petition or motion. The answer shall be faced with the respondent's cover sheet in the form set forth in Rule 303 and shall be accompanied by a [respondent's] proposed order. In the case of matters in respect to which a rule to show cause is not applicable [or appropriate], the respondent, within twenty (20) days of service of the moving party's cover sheet, shall file an [respondent's] answer or other responsive document, if any; respondent's cover sheet; and a [respondent's] proposed order.
(d) Return Day. On the return day [fixed by the Court Administrator], the Court Administrator shall call all matters listed on such day, at which time the Court Administrator shall refer to the Court [those] all matters which [parties have requested be continued] are to be stricken [, withdrawn] or made absolute. After filing of respondent's answer [and/or cover sheet], and completion of discovery (if any), any party may file with the Prothonotary, in duplicate, a praecipe for argument, including a certification that a copy thereof has been served upon all other parties. The Prothonotary shall forthwith deliver a copy of said praecipe [and certification] to the Court Administrator. Attendance at the call of the list is optional. [The date and time for argument shall be scheduled by the Judge assigned to the case.]
(e) Disposition. Where any party demands discovery, the parties shall complete such discovery within sixty (60) days, unless otherwise directed by the Court. The matters referred to the Judge assigned to the case for disposition shall be decided after oral argument, if requested by either party. Each party shall limit argument to twenty (20) minutes unless extended by the Judge assigned to the case.
(f) Briefs. The brief of the moving party shall be filed within thirty (30) days of filing of the praecipe for argument, unless otherwise directed by the Judge assigned to the case. The brief of the respondent shall be filed within thirty (30) days of the date of the filing of the moving party's brief. The moving party and the respondent [each] shall file with the Court Administrator one copy [each] of their respective briefs together with certifications of said briefs upon opposing parties. In matters subject to court en banc, two copies of the brief of each party shall be filed with the Court Administrator. If the brief of either [the moving] party [or the respondent] is not timely filed, the Judge assigned to the case may:
(1) Dismiss the motion, petition or preliminary objection where the moving party has failed to comply, except no civil action or proceeding shall be dismissed for failure to comply;
(2) Grant the requested relief where the respondent has failed to comply, except no civil action or proceeding shall be dismissed for failure to comply;
(3) List the matter for argument at which time only the complying party shall be heard; or
(4) Impose such other sanctions upon the non-complying party as the Judge [assigned to the case] shall deem proper.
[No extension of time for the filing of briefs by agreement of the parties shall be permitted, unless approved by the Judge assigned to the case upon written request.]
(g) Court en banc. In [appealable] matters involving zoning appeals, motions for new trial, motions for judgment n.o.v., and exceptions to adjudications, argument court may be comprised of two Judges, one of whom shall be the Judge who presided at the trial or hearing in question. In [appealable] matters involving zoning appeals, the original appellant shall for purposes of this rule be deemed to be the moving party.
[(h)] [Rescinded]
Comments
1. Appealable matters are those which are before the Court for final judgment or adjudication [and include, for example, zoning appeals, motions for new trial, motion for judgment n.o.v., exceptions to adjudications, demurrers, motions for summary judgment, motions for judgment on the pleadings, and petitions to open and/or strike judgment]. Please refer to the Pennsylvania Rules of Appellate Procedure for further guidance.
2. A rule to show cause is an order directing the respondent to state why a prayer for relief or other request of the moving party should not be granted.
3. Matters in respect to which a rule to show cause is not applicable [or appropriate] include, for example, preliminary objections, motions for judgment n.o.v., and motions for new trial.
4. The terms ''party'' or ''parties'' shall be deemed to mean counsel for a party or parties to a legal proceeding and such party or parties as are unrepresented by counsel.
Rule *303. Argument Court Forms. [of Cover Sheet]
The cover sheet required by Rules 301 and 302 shall be as the following forms:
(a) Cover Sheet of Moving Party
See Form (b) Cover Sheet of Respondent
See Form (c) Argument Praecipe
See Form [Rule 401. Court Calendar, Terms and Sessions.]
[Rescinded]
[Rule *403. Dockets]
[Rescinded]
[Rule *404. Legal Periodical - Notice.]
[Rescinded]
[Rule *405. Papers and Records.]
[Rescinded]
Rule *406. Termination of Inactive Cases.
The Prothonotary shall annually prepare a list of all civil cases commenced in which no activity appears on the docket for two years or more immediately prior thereto. The Prothonotary [He] shall give notice thereof to counsel of record and to the parties for whom no appearance has been entered that said cases shall be marked terminated on the docket unless an Activity Status Certificate is filed with the Prothonotary within thirty (30) days after service of the said notice by mail, in person or by publication on counsel of record and to those parties for whom no appearance has been entered. Said cases shall be marked terminated on the docket unless an activity status certificate is filed with the Prothonotary within such time. All matters so terminated may not be reinstated except with leave of Court, for cause shown.
Rule 430(b)(1)*. Legal Periodical--Notice, Service, Publication.
(i) The Montgomery County Law Reporter is and shall be the legal periodical for the publication of all notices.
(ii) One copy of each issue shall be deposited by the publication in the Office of the Prothonotary and one in the Law Library of Montgomery County for public reference.
(iii) Except as otherwise provided by acts of assembly, rule or special order of Court, service by publication shall be made by publication once in the Montgomery County Law Reporter, and in one daily or weekly newspaper of general circulation within the county, and in such manner that the person so served shall have at least five days after publication thereof to act thereon.
Rule *902. [Nonresidents--] Security for Costs.
In [cases where the plaintiff resides out of the state at the time of suit brought, or subsequently removes therefrom, and] cases where proceedings in bankruptcy or insolvency are pending against the plaintiff, the defendant, on filing an answer in actions in which an answer is required, and in other actions on filing of an affidavit of a just defense to the whole of plaintiff's demand, may enter a rule for security of costs. A garnishee in attachment execution may, in like cases, enter a rule for security for garnishee's costs, after interrogatories and before answers are filed. In default of security entered at the time fixed by the Court, judgment of non pros may be entered by the Prothonotary in favor of the defendant, or the attachment quashed in cases of attachment execution.
Rule*903. Bill of Costs.
(a) Affidavit. The affidavit of the party or other person to the correctness of the bill and the attendance and materiality of the witnesses shall be annexed, and shall be prima facie evidence to the taxing officer.
(b) Taxation. Bills of costs shall be taxed, in the first instance, by the Prothonotary upon application of the party entitled to execution, subject to exceptions, which exceptions shall be filed on or before the return day of the execution. A re-taxation shall then be had before the Prothonotary upon ten (10) days notice thereof to both parties, from which either party may appeal to the Court within five days thereafter, provided that the appellant shall, within three days after appeal is entered, file a specification of the items to which [he] appellant objects and the grounds of [his] all objections; otherwise, the appeal will be dismissed. No exceptions or appeal shall operate to stay execution or prevent the collection of the debt or costs; but when collected on execution or paid into Court, the costs excepted to will be retained until the question is decided.
[Rule *907. Judgment by Confession on Bonds or Notes Accompanying Mortgages.]
[Rescinded]
Rule *910. Satisfaction of Judgment.
Whenever the Prothonotary is requested to mark any judgment satisfied, whether by praecipe or otherwise, the person making or filing the request shall first satisfy the Prothonotary by affidavit, and, if required by the Prothonotary, by additional proof that [he] said person is the owner of the judgment to be marked satisfied or has fulfilled the requirements of Pa.R.C.P. 205.1. No judgment shall be satisfied by or on the order of any attorney-at-law unless such attorney shall have first entered [his] an appearance for the plaintiff.
[Rule *917. Capias]
[Rescinded]
Rule *920. Board of Assessment Appeals.
(a) The Pennsylvania Rules of Civil Procedure shall be applicable to all assessment appeals filed in Montgomery County before the Court of Common Pleas. Nothing in this rule shall be construed to limit discovery as permitted under the Pennsylvania Rules of Civil Procedure.
(b) In all cases where an appeal is taken from a real estate assessment fixed by the Board of Assessment Appeals, the petition for allowance of appeal shall have the parcel numbers of the property being appealed in the caption and shall have attached to it a photocopy of the appealed from order of the said Board and shall have attached to it a proposed preliminary decree which shall provide:
(1) that the appeal to Court is permitted and said case is to proceed in conformity with the Pennsylvania Rules of Civil Procedure;
(2) that within five days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the said Board, upon the Board of County Commissioners of Montgomery County, the governing body of the municipality and the Board of School Directors of the school district in which the real estate is situate and their Solicitors, and upon the property owner, if the property owner is not the appellant;
(3) that the taxing authorities of the aforesaid and the property owner, if the property owner is not the appellant, be and are hereby entitled to intervene as parties appellee.
(c) Appellant, within 60 days of filing the appeal, shall provide to appellee and intervening parties a copy of their appraisal report (which need not be the trial report) with copies of income and expense statements and rent rolls (if applicable) for the last three years. In cases where a taxing authority is the appellant, the appraisal report must be provided to appellee and intervening parties within 60 days of appellant's receipt of discovery requested of the taxpayer, including but not limited to inspection of the subject property provided that the taxing authorities forwarded their discovery requests to the taxpayer within 30 days of filing their appeal. Where exemption is the sole issue, this paragraph is not applicable.
(d) The appeal shall be forwarded by the Court Administrator to the Court for a settlement conference upon the filing of a trial praecipe signed by all counsel of record.
(e) A settlement conference shall be convened by the Court upon the filing of a trial praecipe which shall be attended by the appellant and all intervening parties. All parties must have a preliminary evaluation of the subject property at the conference and be prepared to exchange information with opposing counsel. Expert witnesses may attend the conference but are not required to do so.
(f) If the assessment appeal is not settled, the Court shall place the matter in the trial pool. The parties shall exchange expert appraisal reports, to be used at trial, within 10 days of the receipt of notice of the first trial listing.
[Rule 922. Money Paid into Court.]
[Rescinded]
[Rule *951. Accounts of Fiduciaries - Notice.]
[Rescinded]
Rule *953. Eminent Domain.
[(a)] [Rescinded]
[(b)] (a) Service of Copy of Petition and Order upon Adverse Parties. A copy of any petition of viewers and of any order appointing a Board of View shall be served promptly upon the adverse party in the same manner as a complaint in assumpsit or by certified or registered mail. An affidavit of service of said copy shall be filed with the Prothonotary.
[(c)] (b) Service of Copy of Petition and Order, etc., upon Board of View. Upon appointment of a Board of View, the petitioner shall forthwith deliver to the chairman of the Board:
(1) A copy of the affidavit of service required by Rule *953[(b)](a).
(2) A copy of the petition and order of appointment which petitioner shall certify is true and correct.
(3) Detailed directions to the condemned property.
[Rule 1008*(D). Landlord-Tenant Appeals.]
[Rescinded]
Rule 1012*. Entry and Withdrawal of Appearance.
(a) Every initial pleading or legal paper filed with the Prothonotary or the Domestic Relations Office by an attorney shall be accompanied by a written entry of appearance. This written appearance will facilitate proper notification being given to all counsel of record of pending matters listed by the Court Administrator. In like manner, a written withdrawal of appearance shall be required when counsel is removing himself/herself from an action.
(b) No attorney shall represent the interest of a party to any civil action in the Court or before a Domestic Relations Hearing Officer, or special Master or Conciliator appointed by the Court unless or until [he] the attorney files a written entry of appearance.
(c) Whenever any attorney changes his or her address, it SHALL be the duty of said attorney to immediately notify the Court Administrator of Montgomery County in writing of such change.
Court Administrator's Note: Entry of Appearance--Computer Scheduling Program--Montgomery County Local Rule 1012* requires counsel to file a written entry of appearance in order to represent the interest of any party to a civil action in the Court. The Rule was drafted in order to facilitate proper notification of all counsel of record of pending matters listed by the Court Administrator's Office. Effective immediately, the Court Administrator's Office will not enter any pending matter into the computer scheduling system unless or until counsel who filed the matter has entered his/her appearance.--John D. Dunmire, Esq., Court Administrator, August 1996.
Rule 1018.1*. Notice to Defend--Office to be Contacted.
As provided by Pennsylvania Rule of Civil Procedure 1018.1, the following office is designated to be named in the Notice to Defend prescribed by that rule as the office from which advice on where to get legal help can be obtained.
Lawyer Reference Service
409 Cherry Street
Norristown, Pennsylvania 19401
(610) 279-9660[Rule 1025*. Endorsement, Particular Attorney.]
[Rescinded]
[Rule 1029*. Waiver of Production of Books at Trial.]
[Rescinded]
[Rule 1033*(a). Amendments at Trial.]
[Rescinded]
Rule 1041.1*. Asbestos Litigation--Special Provisions.
Asbestos litigation in Montgomery County is governed by the Pennsylvania Rules of Civil Procedure and the Montgomery County Local Rules of Civil Procedure, except as follows:
(1) Local Rule[s 212*(g), (h) and (i), 261*(1),] *262 [*263 and *264] (relating to [settlement conferences and] trial lists) shall not apply. Settlement conferences are scheduled and cases are listed for trial by Order of Court.
(2) In addition to the requirements of the Pennsylvania Rules of Civil Procedure and Local Rules 301* and 302*, copies of motions, petitions, responses thereto, and briefs, shall be served upon the law clerk for asbestos litigation. For matters subject to Local Rule 302*, the filing of a praecipe shall have the effect of commencing the briefing schedule but not of listing the case for argument, which shall be done by the Court with the assistance of the law clerk for asbestos litigation.
(3) Local Rule 4019* pertaining to discovery masters shall not apply. When a discovery motion is at issue as provided in Local Rule 4019*, counsel shall notify the law clerk for asbestos litigation, who shall arrange for disposition of the matter by the Court.
(4) Arguments, hearings, and trials are ordinarily listed only before the Judges assigned to the asbestos litigation.
(5) The following procedure shall be in effect with respect to cases subject, or alleged to be subject to Simmon v. Pacor, Inc., 543 Pa. 664, 674 A.2d 232 (1996):
A. Within four months of the effective date of this subsection with respect to asbestos cases pending on the effective date, and within four months after the filing of each asbestos case filed after the effective date of this Rule, plaintiff in each such case shall either elect to pursue a claim for medical monitoring, or transfer the case to inactive status.
B. A plaintiff desiring to pursue a claim for medical monitoring shall, by letter, notify the law clerk for asbestos litigation, with copies to all other counsel. The law clerk for asbestos litigation shall consult with the Court, which will issue appropriate Orders scheduling a conference, and thereafter list the case for arbitration or trial, as appropriate.
C. With respect to cases in which plaintiff does not presently wish to pursue a claim for medical monitoring plaintiff shall file with the Prothonotary, and serve on all other counsel and on the law clerk for asbestos litigation, a praecipe to transfer to inactive status. The praecipe shall be in the following form:
See Form D. Anytime after the expiration of four months from the effective date of this subsection with respect to asbestos cases pending on that date, and anytime after four months from the commencement of any action commenced after the effective date of this subsection, any defendant who asserts that any case should be transferred to inactive status because it falls within the rule of Simmons v. Pacor, Inc., supra., shall file with the Prothonotary, a Petition to Transfer to Inactive Status. The Petition shall be in accordance with Pa.R.C.P. 206.1 and Montgomery County Local Rules of Civil Procedure *302 and 1041.1*(2). The argument court cover sheet shall request a rule return day in accordance with Montgomery County Local Rules of Civil Procedure 302(b). Copies of the petition shall be served on all other counsel in accordance with Montgomery County local rules and practice, and shall also be served on the law clerk for asbestos litigation. The moving party's proposed order shall be in the following form:
See Form Responses shall be filed at or before the time the rule is returnable, and shall be served on all counsel and on the law clerk for asbestos litigation.
E. Upon receipt of any responses, the law clerk for asbestos litigation shall refer the petition to the Court, which will schedule the matter for argument or hearing as appropriate. If no responses are filed the Court Administrator will forward the Petition to the Signing Judge.
F. After a case has been transferred to inactive status, whether by praecipe or by petition and order, the Prothonotary will maintain the case as an inactive file, the law clerk for asbestos litigation will remove the case from the list of pending cases eligible for trial listing, and no party may take any action with respect to the case, except for the taking of depositions of an aged or infirm witness for purposes of preservation of testimony unless and until the Court, by Order shall direct that the case by retransferred to active status, upon petition and rule filed in accordance with the procedure set forth in subparagraph (D) above.
Comments
1. The Honorable Albert R. Subers and the Honorable William J. Furber, Jr., are the judges assigned to the asbestos litigation. Judge Subers is the Administrative Judge for asbestos litigation.
2. By Order dated April 12, 1982, the law clerk for asbestos litigation is: Donald J. Martin, Esq., 22 West Airy St., Norristown, PA 19401-4769, Telephone: (610) 277-6772, Fax: (610) 277-4993.
3. The Orders scheduling cases for trial and settlement conferences ordinarily contain deadlines, including deadlines for the completion of discovery and for filing certain motions. These are completion deadlines. It is not necessary for a scheduling order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.
4. Except as stated in sub-paragraph D below, a discontinuance of an action as to less than all parties may not be entered without notice and an opportunity to respond to all other parties. This may be accomplished as follows:
A. If a stipulation is signed by counsel for all parties to the litigation, Pa.R.C.P. 229(b) does not require leave of court. The fully executed stipulation may be filed with the Prothonotary.
B. A petition for approval of discontinuance may be filed pursuant to Pa.R.C.P. 206.1 et seq., and Montgomery County Local Rule of Civil Procedure 301*. A rule to show cause shall be requested on the cover sheet. The cover sheet should be followed by a form of order approving the discontinuance, by a petition, and by the original stipulation executed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued. Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day. If no answer is filed at or before the time the rule is made returnable, the petition will be forwarded by the Court Administrator to the Civil Signing Judge in accordance with the practice pertaining to any petition requiring a return day.
C. Stipulations for discontinuance signed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued may be presented to the Court at a scheduled settlement conference for the case in question. If no objection is raised at the conference, the Court normally approves the stipulation and returns it to counsel for filing and for service on all parties.
D. If a case has been settled by all parties from whom plaintiff seeks a recovery, a discontinuance may be entered as to any other parties by stipulation signed by counsel for plaintiff, the original of which shall be transmitted to the law clerk for asbestos litigation, with copies served on all other parties. The law clerk for asbestos litigation shall transmit the stipulation to the appropriate judge for approval. Since parties who may have claims for contribution or indemnification have not been given the opportunity to object, such a stipulation is subject to being stricken on the petition of an interested party. Counsel may wish to proceed in accordance with subparagraph B, above, to minimize this risk.
5. Certificates of service shall indicate the name and address of counsel or the parties on which service has been made. A certificate of service ''on all parties'', or ''on all counsel of record'' without stating who they are, does not establish service on anyone.
6. At the time of the adoption of the addition of subparagraph (5) the Court was aware that litigation was pending in other jurisdictions relating to the manner in which claims for medical monitoring can be pursued, and if such claims can be pursued. The provisions of this subsection (5) creating a procedure to pursue medical monitoring claims does not express the Court's opinion on this issue. This Rule does not preclude any appropriate motion in any case.
[Rule *1049. Itemized Statements Submitted Prior to Trial.]
[Rescinded]
Rule 1066(b)*. Form of Judgment, Writ of Possession.
(5) Upon entry of judgment for a plaintiff in any action brought under Pa.R.C.P. 1061(b)(4), the Court will order the Prothonotary to issue a writ of possession.
Arbitration Rule 1301*. Scope.
(a) Pursuant to § 7361 of the Judicial Code, 42 Pa.C.S. § 7361 and Pa.R.C.P. 1301, et seq., all civil suits and actions in the Court of Common Pleas where the amount in controversy is fifty thousand dollars ($50,000) or less, excepting those involving title to real estate and equity cases, shall first be tried and decided by a Board of Arbitrators consisting of three members of the Bar of this Court who are in the active practice of law maintaining their principal office within Montgomery County.
(b) Cases, other than those described in (a), may be referred to a Board of Arbitrators by agreement of reference signed by all parties or their counsel.
(c) The determination of the amount in controversy shall be made at the time of the filing of a praecipe for arbitration or a praecipe for civil trial.
[Court Administrator's Note: Rescinded]
Rule 1302*. List of Arbitrators. Appointment of Board. Oath.
(a)(1) The Court shall appoint a person to act as Arbitration Administrator who shall serve at the discretion of the Court and under the supervision and jurisdiction of the Court.
(2) Each active member of the bar of this Court who maintains his/her principal office within Montgomery County, shall file with the Arbitration Administrator information indicating whether [he] said member is a sole practitioner, is a member of a firm or is associated with one or more lawyers. Upon any change in [his] the member's status of practicing with or being associated with any other lawyer, [he] said member shall immediately report such change to the Arbitration Administrator.
(3) The Arbitration Administrator shall keep on file all papers pertaining to proceedings in arbitration cases until the same are concluded, shall keep the arbitration list up to date, shall prepare and furnish to the Prothonotary and keep up to date a list of the members of the bar qualified to act, which list shall be confidential. [Any member of the bar, on request to the Arbitration Administrator, shall be informed whether he is on the list. If such member is not on the list, he may make written application to the Court for inclusion on the list. The Arbitration Administrator shall prepare such forms as are necessary for the operation of these rules relating to arbitration, which forms the Arbitration Administrator shall cause to have printed at the expense of the county.]
The Arbitration Administrator shall send a letter to all members of the Montgomery Bar Association within sixty (60) days after their admission to the bar of his or her right to accept an assignment of Arbitrator by sending, in writing, a statement of his or her intention to so act, which notice shall be directed to the Arbitration Administrator. The Arbitration Administrator shall advise the members of the bar that appointment as an Arbitrator shall have the same force and effect as a Court commitment.
(b)(1) [Ten (10) days after a case is at issue or after filing of an agreement of reference, and u] Upon the filing of a praecipe signed by all counsel [and unrepresented parties], with notice to opposing counsel [or party] and any unrepresented parties, the Arbitration Administrator shall select the Board of Arbitrators, consisting of three (3) members of the Bar of this Court from the list of attorneys qualified to serve as follows:
(a) The Arbitration Administrator shall select three attorneys from [the] said list [maintained by him, one], two of whom shall have been admitted to the practice of law for at least eight years [who shall serve as chairman of the panel]. The attorney with the lowest ''attorney identification number'' shall serve as chairperson of the panel.
(b) Upon the request of any party in writing filed within ten (10) days of the filing of the praecipe for arbitration with notice to opposing counsel, the Arbitration Administrator shall nominate five attorneys from [the] said list [maintained by him], three of whom shall have been admitted to the practice of law for at least eight years. For each additional party with an adverse interest, the Arbitration Administrator shall nominate an additional attorney who has been admitted to the practice of law for at least eight years. Each party shall then have the right to strike one attorney so nominated by notifying the Arbitration Administrator in writing within ten (10) days of the date of mailing of the list of nominations by the Arbitration Administrator. The three remaining attorneys or the first three named on the list, if one or more strikes are not exercised, shall serve on the panel with the senior attorney to act as chairman.
(c) In the event of the disqualification or failure to act of an appointed attorney, the Arbitration Administrator, in all cases in which the panel was selected under (a) above, shall appoint a similarly qualified and available attorney in his/her place. In all cases in which the panel was selected under (b) above, the Arbitration Administrator shall nominate three similarly qualified and available attorneys with an additional attorney for each additional party with an adverse interest provided that there is sufficient time in which to do so. Each party shall strike as above one attorney so nominated and the remaining attorney shall be appointed to the panel.
(d) An adverse party may raise an objection as to whether the matter is arbitrable under these rules or as to the composition of the panel selected under (b) above by notifying the Arbitration Administrator in writing with notice to opposing counsel within ten (10) days of the filing of the praecipe or the mailing of notice of the composition of the panel. The Court shall decide such objections before the matter is heard by the Board on the merits.
(e) If any counsel [or unrepresented party] refuses to sign the praecipe for arbitration, any party may request [the Court Administrator to schedule] a conference before [a] the designated Judge on the case in order to determine whether the case should be place on the arbitration list and scheduled for hearing.
(f)(1) Each member of a Board of Arbitrators who has signed a report or dissented shall receive as compensation for services in each case a fee of one hundred dollars ($100). When more than one case arising out of the same transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as compensation of the Arbitrators is concerned. In civil action, where no appearance has been entered for the defendant and there is no contest, the compensation of each of the Arbitrators shall be in the sum of twenty-five dollars ($25) per case. However, the Administrator, in his discretion, may assign more than one such case to a particular Board. In cases requiring hearings of unusual duration or involving questions of unusual complexity, the Court, on petition of the members of the Board and for cause shown, may allow additional compensation. The Court may also, on petition of any party to a case, on cause shown and to prevent injustice, reduce the amount of such compensation or disallow compensation entirely. The members of a Board shall not be entitled to receive their fees until after filing a report with the Prothonotary. When the same is filed, the Prothonotary shall issue an order for payment of such fees which shall be immediately paid from county funds as in the case of all other county debts. In the event that a case shall be settled or withdrawn or otherwise terminated by or between the parties at least one full weekday before the date of the hearing, the Board members shall not be entitled to the aforesaid fee.
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