THE COURTS

Title 255--LOCAL
COURT RULES

ADAMS COUNTY

Local Rules of Court; Administrative Order No. 31 of 1999

[29 Pa.B. 5919]

   And Now, this 8th day of November, 1999, local rule 206 is amended. This order and the following Local Rule 206 and 206.1 shall become effective thirty days after publication in the Pennsylvania Bulletin. The following rule shall continuously be available for inspection in the offices of Prothonotary and Clerk of Courts of this court. Copies may be purchased at the Prothonotary's Office for $3.00. If the Prothonotary mails the copy, the cost will be $6.00. Certified copies in the numbers listed shall be provided as follows:

   1.  Seven to the Administrative Office, Pennsylvania Courts. In addition, a 3.5 computer disk with the rule therein shall be provided that office.

   2.  Two to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  One each to Civil Procedural Rules Committee, Criminal Procedural Rules Committee, and Domestic Relations Committee.

By the Court

OSCAR F. SPICER,   
President Judge

Rule 206.  Petitions and Answers.

   Petitions and rules shall be governed by Pa.R.C.P. 206.6. Pursuant to Pa.R.C.P. 206.5(2), a party may seek any relief for which petition and rule procedure may be appropriate. If disputed facts can be determined by a brief hearing, the party shall request that a hearing, and not depositions, be scheduled to determine facts. The petition shall be accompanied by an order conforming to Pa.R.C.P. 206.6 as modified by this local rule, as follows:

IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY

(Caption)

ORDER

   And Now, this ____ day of ______ , 199 __ , upon consideration of the within petition, it is hereby ordered that:

   (1)  a rule is issued upon respondent to show cause why the petitioner is not entitled to the relief requested;

   (2)  the respondent shall file an answer to the petition within twenty days of service upon the respondent;

   (3)  The petition shall be decided under Pa.R.C.P. 206.7 and Local Rule 206;

   (4)  [  ]  The parties shall

     [  ]  appear ______ 19 ____ , at ______ in Courtroom ______ of of Adams County Courthouse, to determine appropriate procedure for determining disputed facts;

   [  ]  consult with the Court within ten days after an answer is filed to determine appropriate procedure for determining disputed facts;

   (5)  [  ]  An evidentiary hearing on disputed facts shall be held ______  19 ____ , at ______ , in Courtroom _____ , of Adams County Courthouse;

   (6)  [  ]  Depositions shall be completed within ____ days of this date;

   (7)  [  ]  Argument shall be held on ______ , 19 ____ at ______ , in Courtroom ______  of the Adams County Courthouse;

   (8)  notice of the entry of this order shall be provided to all parties by the petitioner.

BY THE COURT,

______
J.

   Comment:  This rule is intended to modify and closely mirror procedures in state rules. The rule contemplates that a petitioner will request the appropriate method to determine disputed facts. Since the rule has been expanded to include diverse subjects of relief, many petitions should be determined on Business Court day, with a short hearing followed by argument. Regardless of the procedure that is proposed, petitioners or counsel should first file the petition in the appropriate office and then present it and a proposed order in accordance with Local Civ. Rule 2. Pursuant to that rule, the petition and order may be presented in open court, to the Court Administrator, or to a judge in chambers. When presented to the Court Administrator, that officer shall, before the petition and order is submitted to a judge, ensure that appropriate boxes are checked and if a hearing is requested, that a proper date has been added. The judge may modify the order or attempt to resolve the matter without the issuance of a rule. If counsel requests that facts be determined by depositions, both ¶  6 and ¶  7 shall be checked. Normally, depositions should be completed within two months and the case scheduled for argument no sooner than forty days after the completion of depositions, in accordance with Local Civ. Rule 210(b).

   Paragraphs (1), (2), (3) and (8) shall apply to all petitions. Paragraphs (4), (5), (6), and (7) are alternative procedures. Paragraphs (6) and (7) shall be employed together.

   If a petitioner desires to waive oral argument, he or she shall add at the end of (7), words to the effect that all issues shall be decided on brief and that oral argument is waived.

Rule 206.1.  Motions to Change or Modify Procedure.

   Either the petitioner or respondent may, after notice to opposing counsel or parties, move to change or modify the procedure ordered when a petition is filed under Local Civ. Rule 206. The motion may be filed at any time either before or after an answer is filed to the petition, but may be refused if it will substantially delay resolution of the rule to show cause.

[Pa.B. Doc. No. 99-1954. Filed for public inspection November 19, 1999, 9:00 a.m.]

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