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PA Bulletin, Doc. No. 99-1085

THE COURTS

Title 255--LOCAL
COURT RULES

CHESTER COUNTY

Amendments to Civil Procedure

[29 Pa.B. 3622]

Order

   And Now, this 22nd day of June, 1999, the following amendments to the Chester County Rules of Civil Procedure are hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance with Pa.R.C.P. No. 239(d). Wording which is crossed out is deleted from the rules and wording which is underlined is added thereto. Comments which accompany the rules were prepared for the convenience of the bench and bar but are not part of the rules and are not officially adopted.

THOMAS G. GAVIN,   
President Judge

I.  Amend Rule 200.B by amending the second sentence thereof to read as follows:

If it is later discovered that two or more matters are related, the judge to whom the latter case has been assigned may refer the case to the [President Judge] Court Administrator for reassignment to the judge to whom the earlier related case was assigned.

II.  Amend Rule 249.3 as follows:

   Rule 249.3.  Trial Readiness.

   (a)  A Category A matter shall be presumptively deemed ready for trial twelve months from the date of the initiation of the suit, which is the earliest date on which the case may be tried for purposes of Pa.R.C.P. No. 212.1(a). A Category C matter. . . .

III.  Post-trial Motions

   Amend C.C.R.C.P. No. 227.2 as follows:

   (g)  Post-trial motions will be brought before the Court by filing a praecipe for determination under C.C.R.C.P. No. 206.2. The praecipe for determination shall be filed at the time of the filing of the post-trial motion. Upon the filing of the praecipe for determination accompanying a post-trial motion, oral argument shall be scheduled forthwith by the Court.

   Comment: In view of Pa.R.C.P. No. 227.4(1)(b), which permits entry of judgment if an order disposing of all post-trial motions is not entered within one hundred and twenty (120) days after the filing of the first such motion, oral argument will be scheduled for approximately ninety (90) days following the date of the filing of the first such motion.

   . . .

   (i)  [Where oral argument of post-trial motions will not be held, the assigned judge shall determine the briefing schedule and notify the parties accordingly.] Oral argument may be waived by agreement of all parties but, even if oral argument is waived, briefs shall nevertheless be due pursuant to paragraph (h) above, based upon the date originally set for oral argument.

   Add the following as a comment following subparagraph (c):

   Comment: It is the responsibility of the party or parties requiring a transcript of the notes of testimony to obtain such transcript in a timely fashion. Counsel and parties are warned that, in light of Pa.R.C.P. No. 227.4(1)(b), the schedule for the filing of briefs cannot be extended.

IV.  Delay Damages

   Amend Rule 238.1 by deletion of entire current rule. See Pa.R.C.P. No. 238.

   Amend Rule 206.2 by adding the words ''motion requesting damages for delay to which an answer has been filed,'' after the words ''post-trial motion''.

V.  Amend Rule 1302.1(f) by adding the following at the end of the existing rule:

   The notice of the date, time and place of arbitration hearing on the cover sheet shall include the following statement:

''This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''

VI.  Amend Rule 206.1.A.(1)(a) by adding the following sentence at the end of the existing paragraph:

No motion, petition or preliminary objection shall be dismissed for failure to be accompanied by a form of proposed order or for failure to refer to the procedural rule, statute, or other authority relied upon or for failure to display counsel's name, address, I.D. number or telephone number.
[Pa.B. Doc. No. 99-1085. Filed for public inspection July 9, 1999, 9:00 a.m.]


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