THE COURTS
GREENE COUNTY
Consolidated Rules of Court; C.A. No. 5 of 1992
[29 Pa.B. 2996]
Order And Now, this 28th day of May, 1999, it is Ordered:
1. The following amendments and additions to the Greene County Rules of Procedure (G.Co.R.) are adopted as Rules of this Court, effective July 1, 1999 or thirty (30) days after publication in the Pennsylvania Bulletin, whichever is later.
2. The Court Administrator of Greene County shall:
(a) File ten (10) certified copies of this Order and the following Rules with the Administrative Office of Pennsylvania Courts;
(b) Distribute two (2) certified copies of this Order and the following Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(c) File one (1) certified copy of this Order and the following Rules with the Pennsylvania Civil Procedure Rules Committee;
(d) File proof of compliance with this Order in the docket at the above number and term, which shall include a copy of each letter of transmittal; and
(e) Cause a copy of this Order and the following Rules to be published one (1) time in the Greene Reports.
It is further Ordered that on the effective date of the following local rules, all previous local rules are rescinded.
By the Court
H. TERRY GRIMES,
President JudgeRule G2: Sessions of Court.
Deleted.
Rule G211: Argument Court.
a. The Prothonotary, Clerk of Court, and Clerk of Orphans' Court, shall immediately place on the next available argument list any case where preliminary objections, exceptions, motions for summary judgment, or any other request for determination of law has been filed.
b. The legal brief or memorandum of the moving party shall be filed with the appropriate Court office and served upon opposing counsel or unrepresented parties not less than fifteen (15) days prior to the date of argument. The reply legal brief or memorandum shall be filed with the appropriate court office and served upon opposing counsel or unrepresented parties not less than five (5) days prior to the date of argument. Failure to strictly comply with the briefing schedule shall constitute a default authorizing the Court to grant or deny the relief at issue, prohibit the failing party to make oral argument, and to take such other action as the Court deems necessary for the proper administration of justice.
Rule G216: Continuances.
a. A filing fee of twenty five ($25.00) dollars shall be paid to the Prothonotary upon filing of the motion for continuance and receipt received prior to the Prothonotary's time stamp and prior to presentment to this Court.
b. The Prothonotary shall remit said filing fee on a monthly basis to the Court Administrator for expenditure on the Greene County Law Library.
c. Motions for continuance shall contain the following information:
1. A statement of the number of prior continuances, if any,
2. A clear, concise and certain reason for the request, and
3. In the event the reason for requesting a continuance is a prior committment to another Court appearance or administrative agency, a copy of the notice of the conflicting hearing shall be attached as an exhibit.
d. If the continuance is by consent, all counsel and all parties must sign the application.
e. Granting of a continuance pursuant to this Rule and Pa.R.C.P. 216 shall be at the discretion of the Court.
Rule G1901: Protection from Abuse (23 Pa.C.S.A. 6101): Procedure.
a. All police and detention authorities shall familiarize themselves with this rule so as to provide efficient enforcement of the protection from abuse law and to ensure speedy relief for the parties.
b. Commencement and Referral. The Prothonotary and the District Justice shall provide written and oral referrals to any person wishing to file a petition under the Protection From Abuse Act, 23 Pa.C.S.A. § 6101, et seq., to Greene County Women's Center, the Southwestern Pennsylvania Legal Aid Society, or the Court Administrator of Greene County. The Prothonotary shall accept petitions without requiring prepayment of the filing fee and the Sheriff shall serve copies of any temporary order upon the defendant unless the Court orders otherwise.
Rule G1902: Protection from Abuse (23 Pa.C.S.A. 6101): Enforcement.
a. When an arrest is made for violation of an order, a complaint for indirect criminal contempt shall be completed and signed by either a police officer or the plaintiff and filed with the Prothonotary. When the complaint is filed by a police officer, neither the plaintiff's presence nor signature is required.
b. When an arrest is not effected, a complaint for indirect criminal contempt may be completed and signed by the plaintiff pursuant to 23 Pa.C.S.A. § 6113.1.
c. Defendants arrested for violation of an order shall be brought before the Court at the first business hour following the arrest. If the Court is unavailable, the defendant shall be taken to the District Justice for preliminary arraignment and instruction on rights and procedure. The defendant shall be given the right to post bail which may be subject to conditions such as eviction or abstaining from all contact with the plaintiff.
d. In the event of an arrest, the complaining party shall be present at the time the defendant is brought before the Court.
e. Defendants are entitled to be represented by an attorney at the contempt proceeding, and if a defendant qualifies by reason of indigency, an attorney will be appointed to represent him or her. The District Justice will, upon request, provide a defendant with an application for Court-appointed counsel.
f. Immediately upon the arrest and detention of a defendant for a violation of an order, or at the first opportunity thereafter, the arresting authority and/or the authorities at the detention center shall be responsible for notifying the Court Administrator, the defendant's attorney, or the Public Defender's Office if the defendant does not have an attorney.
g. In any case, the plaintiff may proceed by petition and rule to show cause why the defendant should not be found in civil contempt for violation of any provision of an order. Upon the presentation of a petition, the Court Administrator shall schedule a hearing date.
Rule G5002: Health Conditions in the Courthouse.
All persons are prohibited from smoking or otherwise using tobacco products in the Greene County Courthouse, and are prohibited from use, possession, or influence of alcoholic beverages or other drugs in the Greene County Courthouse. Attorneys are responsible for informing and enforcing this prohibition as to their clients and witnesses.
Rule G319-CRIM: Criminal Pre-Trial Procedures.
a. Plea Court. The Court shall designate two (2) days to be scheduled within two (2) weeks prior to the beginning of the criminal trial term as plea court. The District Attorney shall be responsible for determining the cases to be included and the order in which the cases are to be called.
b. Pleas may be scheduled for hearings at times other than the two (2) scheduled plea court days as scheduled by the Court.
c. Plea agreements will not be considered by the Court after the date of plea court although open pleas will be accepted at any time prior to the return of the jury.
Rule G1407-CRIM: Payment of Fines, Costs, and Restitution.
a. All fines, costs, and restitution assessed at the time of sentencing shall be payable within fifteen (15) days of sentencing, except in cases where the defendant can show a hardship the Greene County Probation and Parole Department may arrange a payment schedule with the defendant in order to provide that all such fines, costs and restitution are paid in full at least one (1) month prior to the maximum term of the sentence.
b. The Greene County Parole and Probation Department shall ensure that all cases where the defendant has not paid the fines, costs and restitution pursuant to the foregoing are scheduled for a violation hearing consistent with Pa.R.Crim.P. 1409 when a defendant unjustifiably is not making payments agreed upon, but in any event, such hearing shall be scheduled not later than one (1) month prior to the termination of the maximum sentence of the defendant.
Rule G6.12-O.C.: Filing Dates.
a. Final accounts or petitions for settlement of small estate for all decedent's estates shall be filed within one year of the date of death unless an extension is granted by Court Order.
b. If the pleading has not been filed within ten months of the date of death, the Register of Wills shall notify counsel for the estate, or if no counsel is representing the estate, then the personal representative that the account must be filed pursuant to this rule.
c. The Register shall submit to the Court on the first working day following the expiration of one year from the date of death a list of all counsel of record, if any, and the personal representative where the account, etc. has not been filed within one year of the date of death.
d. In the event that the attorney for the estate, if any, and the personal representative do not strictly comply with this rule and Pa.O.C. Rule 6.12, sanctions shall be imposed unless good cause acceptable to the Court is shown.
[Pa.B. Doc. No. 99-928. Filed for public inspection June 11, 1999, 9:00 a.m.]
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