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PA Bulletin, Doc. No. 02-80

THE COURTS

DAUPHIN COUNTY

Promulgation of Local Rule 1901; No. 1793 S 1989

[32 Pa.B. 313]

Order

   And Now, this 6th day of December 2001, Dauphin County Local Rule of Judicial Administration 1901 is amended as follows:

Rule 1901.  Termination of Inactive Civil Matters.

   [A list shall be prepared for general call in January of each year of such civil matters as may be designated from time to time by the Court in which no steps or procedures have been taken for two years or more prior thereto. Notice of impending dismissal shall be given to counsel of record and to parties for whom no appearance has been entered at least thirty days prior to the call of said list as provided by the Pennsylvania Rules of Judicial Administration.

   Unless written objection to dismissal is filed in such matter and a copy thereof served upon the Court Administrator at least five days prior to the call of the list, the case shall be stricken from the list and the Prothonotary shall enter an order as of course dismissing the matter with prejudice for failure to prosecute. In cases where objections to dismissal are filed and served, the Court may dismiss the matter if cause for continuance is not shown at the call of the list.]

   1.  On or about October 1st of each year, the Prothonotary shall prepare a list of all civil matters in which there has been no docket activity for the preceding two years. The list shall include the names and addresses of counsel of record and/or pro se litigants.

   2.  Upon receipt of the list, the Court Administrator shall prepare a Rule to Show Cause for signature by the Civil Calendar Judge. The rule shall contain substantially the following language:

RULE TO SHOW CAUSE

   The Prothonotary of Dauphin County, having determined that no docket activity appears in the record of the above captioned matter for a period in excess of two years,
   IT IS HEREBY ORDERED that a Rule is granted on all parties to show cause, if any they have, why the captioned action shall not be dismissed with prejudice.
   This Rule is returnable within 45 days of the posting date. Any response or objection shall be in proper petition form and include:
    a.  A brief procedural history of the action setting forth with particularity the party who initiated each procedural step.
   b.  Specific reason(s) for failure to advance the case since the last docket entry, including any non-docket activity.
   c.  A statement indicating whether opposing counsel or pro se litigant concurs in the objection to the termination.
   d.  A specific and comprehensive proposal for moving the case to final resolution.
   e.  Whether hearing or argument is requested on the objection.

NOTICE

Failure to file a timely response to this Rule in the manner prescribed will be cause for dismissal of this case with prejudice to any party asserting a claim for relief.

   3.  The Court Administrator shall make service of the Rule by regular mail to the last address of record of the parties or their counsel of record.

   4.  In any case where notice by mail cannot be given or where the Rule has been returned undelivered, the Court Administrator shall provide notice as set forth above, by publication in the manner provided by rule of court for publication of legal notices.

   5.  All objections to termination in which no hearing/argument is requested shall be considered on the pleadings and an appropriate order entered by the Civil Calendar Judge.

   6.  Any objection to termination in which hearing and/or argument is requested shall be heard at a time fixed by the Calendar Judge. An appropriate order disposing of the motion, which may include scheduling provisions and/or specific judicial assignment, shall follow.

   7.  In cases where no response or objection is filed, the Calendar Judge shall enter an order as of course dismissing the matter with prejudice for failure to prosecute.

COMMENT

   Amended Rule 1901 is intended to provide a more comprehensive method for the termination of inactive civil matters. The amended rule more closely tracts the requirements of Pa.R.J.A. 1901 and eliminates the prior practice of a ''call of the list.''

   This rule shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

JOSEPH H. KLEINFELTER,   
President Judge

[Pa.B. Doc. No. 02-80. Filed for public inspection January 18, 2002, 9:00 a.m.]


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