THE COURTS
Title 255--LOCAL COURT RULES
LAWRENCE COUNTY
Local Rules of Civil Procedure; Administrative Doc. No. 90046 of 2003, A. D.
[33 Pa.B. 5176]
Order of Court September 26, 2003
Upon the recommendation of the Lawrence County Civil Procedural Rules Committee, the Court adopts the following Local Rules, which follow and are made a part hereof:
1. L205.1 entitled Filing of Legal Papers;
2. L205.2 entitled Filing Requirements;
3. L211 entitled Motion Court and Oral Argument Practice and Procedure;
4. L212 entitled Conciliation Conferences;
5. L212.1 entitled Notice to Complete Discovery/Placing on Trial List;
6. L212.2 entitled Pretrial Statement;
7. L212.3 entitled Pretrial Conference and Schedule for Trial;
8. L220 entitled Six-Member Jury in Civil Cases;
9. L227.1 entitled Post-Trial Relief;
10. L230.2 entitled Termination of Inactive Cases;
11. L236 entitled Notice by Prothonotary of Entry of Order, Decree or Judgment;
12. L237.4 entitled Form of Notice of Praecipe to Enter Judgment of Non Pros;
13. L237.5 entitled Form of Notice of Praecipe to Enter Judgment by Default;
14. L300 entitled Statutory Appeals;
15. L310.1 entitled Real Estate Assessment and Tax Exemption Appeals;
16. L310.2 entitled Real Estate Assessment and Tax Exemption Appeals--Pre-hearing Statement and Conference;
17. L320.1 entitled Summary Jury Trials--Preliminary Considerations;
18. L320.2 entitled Summary Jury Trials--Procedure;
19. L320.3 entitled Summary Jury Trials--Jury Selection;
20. L320.4 entitled Post Summary Jury Trial Conference;
21. L1018.1 entitled Notice to Defend Form;
22. L1028 entitled Preliminary Objections;
23. L1034 entitled Motion for Judgment on the Pleadings;
24. L1035.1 entitled Motion for Summary Judgment;
25. L1301 entitled Arbitration--Scope;
26. L1302 entitled List of Arbitrators Appointed; Arbitrators' Compensation;
27. L1303 entitled Arbitration--Scope;
28. L1304 entitled Arbitration--Witnesses;
29. L1306 entitled Arbitration--Award;
30. L1315 entitled Optional Binding Arbitration;
31. L2039 entitled Compromise, Settlement, Discontinuance and Distribution;
32. L3103 entitled Commencement--Issuance;
33. L3251 entitled Praecipe for Writ of Execution--Money Judgment;
34. L3252 entitled Writ of Execution--Money Judgment;
35. L4002.1 entitled Filing Discovery Material; and
36. L4008 entitled Oral Depositions, Limitation.
These Rules shall become effective 30 days after the date of publication in the Pennsylvania Bulletin.
The Prothonotary shall process this Order in compliance with Pa.R.C.P. 239, and provide the appropriate number of certified copies to the various departments and agencies as provided in the Rule. The Rules shall be kept continuously available for public inspection and copying in the office of the Prothonotary and, upon request and payment of reasonable cost of reproduction and mailing, the Prothonotary shall furnish to any person a copy of the proposed Rule.
By the Court
RALPH D. PRATT,
President JudgeRule L205.1 Filing of Legal Papers
The Prothonotary shall not accept for filing nor time-stamp any pleading or other legal paper unless the entire applicable filing fee, if any, is paid in full at the time the document is delivered or presented to the Prothonotary.
Rule L205.2 Filing Requirements
(a) Identification Sheet.
(1) The first page of any pleading or other filing shall be an identification sheet setting forth the items of information specified below and typed according to the format presented in Appendix A.
(2) It shall be printed on the front side of good quality white paper, 8 1/2 inches x 11 inches in size.
(3) The side margins shall be one inch in width.
(4) The information required includes:
(i) Typed in capital letters from left to right ''IN THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY, PENNSYLVANIA.''
(ii) Typed in capital letters on the left side of center the complete names of all parties; if the party filing the attached pleading has made a previous filing, an appropriate and obvious shortened caption may be used.
(iii) Typed in appropriate upper and lower case except where otherwise indicated, on the right side of center on separate lines:
(A) The specific type of case, i.e., CIVIL, FAMILY, DOMESTIC RELATIONS, CRIMINAL or ORPHAN'S COURT;
(B) The docket number, if assigned;
(C) The code and case classification. For a list of the codes, see the list in Appendix B.
(D) The name of the pleading;
(E) The completed statement ''Filed on behalf of ________ (party's name, party's relationship to case).''
(F) The completed statement, ''Counsel of Record: __________ (attorney's name and Pa. identification number, firm name, firm number, address and telephone number).''
(b) The Pleadings and Other Documents.
(1) Pleadings and other documents filed in any Court shall be prepared on one side of good quality white paper, 8 1/2 inches x 11 inches in size.
(2) The lettering shall be printed in 12 point font and the typewritten lines shall be double-spaced except for quotations, which may be single-spaced.
(3) The side margins shall be one inch in width.
(4) All attachments, supporting documents and exhibits shall be on 8 1/2 inch x 11 inch paper at the time of filing with the Prothonotary.
(i) A smaller document shall be reproduced, if possible, on 8 1/2 inch x 11 paper.
(ii) A larger document shall be reduced and reproduced, if possible on 8 1/2 inch x 11 inch paper.
(c) Other Filing Requirements.
(1) Every document must be attached only at the top left corner of the pages with one staple or, if the document is too thick for a staple, then at the top of the pages with a metal fastener (not a binder clip).
(2) Cloth tape is prohibited and shall not be used to cover the staple or metal fastener.
(3) ''Bluebacks,'' Certification Strips or any other forms of backings are prohibited and shall not be used.
(4) The Prothonotary shall not accept for filing any pleading or other document which does not comply with the above requirements.
APPENDIX A
IN THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY PENNSYLVANIA
JOHN SMITH, and CIVIL JANE SMITH, his wife NO. 12345 OF 2003, C.A. PLAINTIFFS Code: 876 Motion for Summary Judgment VS. Filed on behalf of ABC Corporation ABC CORPORATION
DEFENDANTCounsel of record for this party: Allen Jacobs, Esq. Pa. I.D. # 12345 Jacobs & Johnson, P.C. 400 Court Street New Castle, PA 16101
APPENDIX B
CIVIL DOCKET CODES
Code 872 Appeal from District Justice Code 59 Asbestos Code 50 Assessment Appeal Code 876 Civil Action Code 36 Declaratory Judgment Code 5 Divorce Code 888 Divorce/Custody Code 6 Ejectment Code 908 Emergency Absentee Ballot Code 927 Equity Code 35 Lis Pendens Code 16 Mandamus Code 56 Mechanics Lien Code 18 Mental Health Petition Code 19 Mortgage Foreclosure Code 866 Replevin Code 874 Settle Minor's Claim Code 47 Writ of Certiorari Code 49 Writ of Possession Code 27 Writ of Revival Code 60 Zoning Appeal Rule L211 Motion Court and Oral Argument Practice and Procedure
Motion court shall convene as set forth in the court's published annual calendar, unless the court's schedule does not permit. Counsel are encouraged to check with the Office of the District Court Administrator to ensure that motion court will convene on the date and time which counsel has selected to present any matter requiring court review and action. As used in this rule, the term ''motion'' includes any petition, application, objection, exception, or other title assigned to the matter by the moving party following commencement of the action.
(a) Motions
(1) Requirement of Written Motion
Unless otherwise authorized by the Pennsylvania Rules of Civil Procedure, all motions shall be in writing.
(2) Uncontested Motions
Uncontested motions, with a proposed order, shall be presented to the Office of the District Court Administrator during the court's normal business hours. The moving party or counsel shall certify by a certificate attached to the motion that timely written notice to all other parties of the motion, proposed order, and date and time of presentation, have been provided and includes the date and manner of notice, and that the motion is uncontested.
(3) Contested Motions
No contested motion shall be considered by the court unless notice to opposing counsel has been provided in conformity with subdivision (a)(7) of this Rule. The total time for argument of any contested motion shall be limited to 10 minutes, with any party not permitted argument in excess of five (5) minutes. If any party requests the court to review written legal authority, such authority must be presented to the court at the time the motion is presented. If counsel believes that the complexity of the issues presented requires argument in excess of the time limits set forth in this Rule, then counsel shall request that argument of the motion be scheduled separately, in which case the motion shall be presented in accordance with Rule L211(a)(2).
Note: Contested motions requiring more than 10 minutes for argument shall be presented as an uncontested motion for argument and the certification shall include the estimated length of the time required for argument.
(4) Discovery Motions
Any motion relating to discovery must be accompanied by a certificate signed by counsel for the moving party certifying that counsel has conferred telephonically or in person with opposing counsel and any unrepresented party with respect to each matter set forth in the discovery motion and was unable to resolve the differences which exist. The certificate shall set forth the exact time and place of the conference or consultation. Merely attaching a copy of correspondence to opposing counsel requesting compliance to the discovery request or attempting to resolve the matter, or providing opposing counsel with a copy of the discovery motion or informing opposing counsel of the motion to be presented and opposing counsel not objecting to the motion does not comply with this Rule. Where counsel for the moving party cannot furnish the required certificate because opposing counsel has failed to respond or refused to cooperate, counsel shall furnish an alternate certificate stating that opposing counsel has refused to so meet or confer and stating such other facts and circumstances supporting the absence of the required certificate and the moving party's counsel's efforts to obtain compliance by opposing counsel.
(5) Ex Parte and Emergency Motions
Ex parte and emergency motions shall not be considered unless the court is satisfied that immediate and substantial injury will be sustained by the moving party before notice can be effectuated. In such a case, the nature of the matter and a description of the immediate and substantial injury, which will be sustained if the notice required under these Rules would be provided, shall be set forth in the motion.
(6) Continuances
Except as otherwise provided in Rule L1304 regarding compulsory arbitration cases, any motion for continuance, whether contested or uncontested, shall be presented to the Office of the District Court Administrator during normal business hours following written notice to all parties.
(7) Notice and Certification
No contested motion or discovery motion may be presented unless counsel for the moving party has certified, by a certificate attached to the motion, that a copy of the motion and written notice of the date and time of presentation were provided to all opposing counsel and unrepresented parties at least two (2) business days before presentation of the motion unless consented to by opposing party or counsel in writing. The certificate shall include the date and manner in which notice was provided. As used in this Rule, written notice shall include a facsimile transmission. The court shall not entertain any motion that does not include a certification, as required by this Rule, and a proposed order. The moving party shall be responsible for serving copies of the motion and any proposed order upon all counsel of record and unrepresented parties. All contested motions and discovery motions served upon opposing counsel and/or unrepresented parties shall include, either in the body of the motion or attached to the motion, all written legal authority upon which the moving party relies in support of the motion.
(8) Form of Certificate of Notice
i. The form of certificate for an uncontested motion shall be substantially in the form provided in Appendix A to this rule.
ii. The form of certificate for a contested motion shall be substantially in the form provided in Appendix B to this rule.
iii. The form of certificate for a discovery motion shall be substantially in the form provided in Appendix C to this rule.
(9) Proposed Court Orders
All motions shall include a proposed order, which shall contain the following language:
''The Prothonotary shall be responsible for properly serving a copy of this order upon all counsel of record and unrepresented parties to this action, in accordance with Pa.R.C.P. No. 236 and Rule L236.''(10) Hearing, Argument, and Conference Dates
Motions requesting dates for a proceeding shall comply with the requirements of this Rule. The moving party shall also include in the motion the estimated time required for the proceeding. The estimated time shall be determined only after consultation with opposing counsel, and the moving party shall specify the date, time and manner of consultation in any motion requesting a date for a proceeding.
(11) Nonconforming Motions
The court shall not act upon any motion which does not conform with the provisions of this Rule.
(b) Oral Argument
(1) Pretrial and post-trial motions subject to this Rule include preliminary objections, motions for judgment on the pleadings, motions for summary judgment, motions for post-trial relief, and any other motion in which the disposition thereof may result in an appealable order.
(2) The court shall schedule oral argument only upon praecipe filed with the prothonotary, with a copy of the face sheet served on the District Court Administrator in accordance with the following schedule:
i. If the moving party desires oral argument, the moving party shall file a Praecipe for argument concurrently with the filing of the motion, at which time the District Court Administrator shall forward the praecipe to the court, which shall schedule argument;
ii. If the moving party fails to file a praecipe for argument, the non-moving party may file a praecipe for argument within 10 days of being served with the motion, at which time the District Court Administrator shall forward the praecipe to the court, which shall schedule argument;
iii. Upon the court scheduling oral argument in accordance with Rule L211(b)(2)(i) or Rule L211 (b)(2)(ii), the court shall include a briefing schedule in its order.
iv. If neither party timely files a praecipe for argument, the moving party shall file a praecipe for disposition on written briefs alone and notify the court by providing a copy of the praecipe to the District Court Administrator. The praecipe shall be forwarded to the court, which shall then enter an order setting forth a briefing schedule and dispose of the motion solely upon written briefs.
(3) At any time prior to the scheduled argument, the parties, by stipulation, may file with the court a praecipe to submit resolution of the motion upon written briefs alone and provide a copy of the praecipe to the District Court Administrator. The praecipe shall state the date and time of the scheduled argument. The praecipe shall be forwarded to the court, which shall then cancel the scheduled argument and dispose of the motion solely upon written briefs.
(4) When a case is called for argument, if the moving party is not ready to proceed or has not filed a brief, the relief requested by the moving party may be denied as of course. If the non-moving party is not ready to proceed or has not filed a brief, the moving party may proceed with the argument ex parte.
APPENDIX A
CERTIFICATE OF NOTICE I, Attorney ______ , counsel for the ______ , certify, pursuant to Rule L211(a)(2), that a true and correct copy of the attached ______ , proposed order and notice of the date and time of presentation were forwarded to counsel for the ______ via _____ on _____ , 20____ . I further certify that this motion is uncontested.
The estimated length of time required for this ______ is ______ . (Required only when the Note to Rule L211(a)(3) applies.)
Dated: _____ __________
Attorney's Signature
Pa. Supreme Court No. __________
Address __________
__________Telephone __________
APPENDIX B
CERTIFICATE OF NOTICE
I, Attorney ______ , counsel for the ______ , certify, pursuant to Rule L211(a)(7), that a true and correct copy of the attached ______ and proposed Order were forwarded to counsel for the______ via _____ on _____ , 20____ . I further certify, by this certificate, that counsel for the ______ has been notified of ______ intent to present this ______ in Motion Court on ______, 20____ , at 9:00 a.m.
Dated: _____ __________
Attorney's Signature
Pa. Supreme Court No. __________
Address ____________________
Telephone __________
APPENDIX C
CERTIFICATE OF NOTICE
I, Attorney ______ , counsel for the ______ , certify, pursuant to Rule L211(a)(7), that counsel for the ______ was timely and properly provided a copy of the within motion and proposed order and written notice that ______ intends to present same in Motion Court on ______ , 20____, at 9:00 a.m. Notice was effectuated by forwarding a copy of the motion and proposed order and written notice of presentation to opposing counsel, Attorney ______ , by mail or fax, on ______ , 20____.
In accordance with Rule L211(a)(4), counsel for the moving party has conferred with opposing counsel with respect to the matters set forth in this discovery motion via _____ , on _____ , 20____, at ______ o'clock __ m., but was unable to resolve the differences which exist.
In accordance with Rule L211(a)(4), counsel for the moving party has attempted to confer with opposing counsel with respect to the matters set forth in the discovery motion via _____ , on _____ , 20____, at _____ o'clock, __ m., but opposing counsel refuses to respond or cooperate.
Dated: _____ __________
Attorney's Signature
Pa. Supreme Court No. __________
Address ____________________
Telephone __________
Rule L212 Conciliation Conferences
(a) Scheduling of Conciliation Conference. Unless otherwise directed by the court, all civil actions not subject to compulsory arbitration shall be scheduled for a conciliation conference, but not earlier than 30 days after the case is placed at issue and placed on the general civil trial list. The purpose of the conciliation conference is to address the possibility of settlement prior to trial, and it shall be considered as a part of the pretrial conference.
(b) Attendance at Conciliation Conference. Unless excused by the court upon good cause shown, trial counsel and all parties must attend and be present at the conciliation conference. In addition, a representative(s) of the Defendant's insurance carrier(s) and, if applicable, the M-Care Fund and/or excess liability carrier, must be present, in person, and have the complete and final authority to discuss and settle the case. The court expects that, prior to the time of the conciliation conference, all parties or representatives of their insurance carriers will have conferred and attempted to arrive at a settlement. At the conciliation conference, the attending parties and representatives of their insurance carriers shall have realistic settlement authority.
Note: This Rule is mandatory and changes prior practice in Lawrence County which permitted, in special circumstances, a party or insurance carrier to appear by telephone. All requests to be excused shall be by formal motion or petition setting forth all reasons for the request.
(c) Conciliation Conference Statement. At least ten (10) days prior to the conciliation conference, each party shall file and serve upon opposing counsel, and any unrepresented party, a conciliation conference statement.
The conciliation conference statement shall include the following:
(1) A brief narrative setting forth the factual basis supporting the claim or defense.
(2) An itemized statement of each component of the claim for damages, including medical, hospital, dental and other health care expenses, a calculation of lost earnings and impairment of earning power, together with the basis therefore. The statement shall also include a calculation of the portion of the expenses or damages that are recoverable.
(3) If applicable, whether the plaintiff has selected the limited or full tort liability option for an automobile insurance case. If a limited tort option applies, a statement to support eligibility for recovery of non-economic damages shall be included.
(4) A copy of any experts' written reports (See Pa.R.C.P. 4003.5) shall be attached to the conciliation conference statement. It is contemplated by this Rule that all defense medical examinations shall have been completed and a written report thereof made available to the court and opposing counsel with the defendant's conciliation conference statement.
(5) The plaintiff's settlement demand and the defendant's offer.
(6) Detailed statement describing negotiations that have taken place to date.
(d) Pretrial Conference. If no settlement is reached at the conciliation conference, the court shall schedule a pretrial conference. After the conciliation conference, but prior to the pretrial conference, the parties shall schedule and complete all depositions required for use at trial so that all depositions will be timely completed and transcribed as not to delay the trial.
(e) Sanctions. This court considers compliance with the provisions of this Rule fundamental to the orderly administration of justice and disposition of actions. Any unjustified failure to fully comply with the Rule shall constitute grounds for the imposition of sanctions as provided by rule of court and general law including, but not limited to, reasonable counsel fees under 42 Pa.C.S.A. § 2503 and civil and criminal contempt proceedings.
Rule L212.1 Notice to complete Discovery/Placing on Trial List
(a) Notice of Jury Trial. All civil actions which are to be tried by a jury may be tried, at the earliest, during the term of trials next following the pretrial conference or an order entered by the court placing the case on the trial list.
Note: This provision is intended to constitute the notice required by Pa.R.C.P. 212.1(a).
(b) Notice to Complete Discovery/Placing Case at Issue.
(1) Civil cases shall be placed on the list for trial by the filing of a Praecipe to Place Case at Issue.
(2) No Praecipe to Place Case at Issue shall be filed unless the moving party also certifies that a Notice to Complete Discovery and Dispositive Motions has been filed and served upon all parties at least 90 days prior to the filing of a Praecipe to Place Case at Issue.
(3) The Praecipe to Place Case at Issue shall be in substantially the same form as set forth in Appendix A.
(4) The Notice to Complete Discovery and Dispositive Motions shall be in substantially the same form as set forth in Appendix B.
(5) The Court may enlarge or reopen the time period within which to complete discovery and/or dispositive motions upon motion of any party for cause shown.
(6) All discovery and dispositive motions must be filed within the 90-day period unless enlarged by the court.
(7) Upon filing of a Praecipe to Place Case at Issue, the moving party shall serve a copy thereof upon the District Court Administrator, at which time the case shall be placed on the general trial list.
APPENDIX A
Form of Praecipe to Place Case at Issue
(Caption)
PRAECIPE TO PLACE CASE AT ISSUE
To: Prothonotary, Lawrence County
Please place the above captioned case at issue. I hereby certify that I have served a copy of a Notice to Complete Discovery and Dispositive Motions upon all counsel of record and any unrepresented party by First Class, United States Mail on (Date) and a copy of this Praecipe upon the District Court Administrator.
Respectfully submitted:
Date: _____ __________
Counsel for __________
Address: __________
__________
__________
Telephone No. __________
APPENDIX B
Form Notice to Complete Discovery and
Dispositive Motions (Caption)
NOTICE TO COMPLETE DISCOVERY AND
DISPOSITIVE MOTIONS
(Local Rule L212.1(b)(2)) TAKE NOTICE:
The undersigned intends to file a Praecipe to Place Case at Issue after 90 days from the date of this Notice. You are required to complete all outstanding discovery and file all dispositive motions within the 90-day period, or file a motion with the court for permission to enlarge the time period within which to complete discovery.
Respectfully submitted:
Date: _____ __________
Counsel for __________
Address: __________
__________
__________
Telephone No. __________
Rule L212.2 Pretrial Statement
(a) At least 10 days prior to the pretrial conference, every party shall file and serve upon opposing counsel and any unrepresented party a pretrial statement. The pretrial statement shall contain all items described in Pa.R.C.P. 212.2 and the following:
(1) A list of all exhibits which a party intends to use at trial. The party listing an exhibit shall be under no obligation to produce or offer that exhibit at the time of trial. The pretrial statement shall indicate the parties' agreement or disagreement as to the authenticity and admissibility of each exhibit. As far as practicable, copies of the exhibits should be attached to the pretrial statement. Copies of all such exhibits shall be served on opposing counsel or unrepresented parties with the pretrial statement.
(2) A detailed statement of any unusual questions of law or evidentiary issues, motions in limine or motions for sanctions, together with a legal memorandum in support of that party's position. As part of the conference, the court may hear arguments regarding such issues.
(3) A list of all objections appearing in depositions of expert witnesses, if depositions have been taken.
(4) A list of all proposed voir dire questions. A party's proposed voir dire questions may be amended or supplemented provided it does not delay the trial.
(5) All proposed points for charge together with a citation to authority if the proposed points are not the same as those set forth in the PA Suggested Standard Civil Jury Instructions. A party's proposed points for charge may be amended or supplemented provided it does not delay the trial.
(6) Each party remains under a continuing obligation to supplement their pretrial statement up to the time of trial.
Rule L212.3 Pretrial Conference and Schedule for Trial
(a) If no settlement is reached at the conciliation conference held pursuant to Local Rule L212, the court shall schedule a pretrial conference not earlier than 90 days following the conciliation conference. After the conciliation conference, but prior to the pretrial conference, the parties shall schedule and complete all depositions required for use at trial so that all depositions will be timely completed and transcribed as not to delay the trial.
(b) Unless excused by the court upon good cause shown, all trial counsel must attend and be present at the pretrial conference.
Note: This Rule is mandatory and changes prior practice in Lawrence County which informally permitted, in special circumstances, substitute counsel for trial counsel. By this Rule, all requests to be excused shall be by formal motion or petition setting forth all reasons for the request.
(c) At the conclusion of the pretrial conference, the court shall schedule the case for trial, unless the parties otherwise resolve the case.
(d) Sanctions. The court considers compliance with the provisions of this rule fundamental to the orderly administration of justice and disposition of actions. Any unjustified failure to fully comply with this Rule shall constitute grounds for the imposition of sanctions as provided by rule of court and general law including, but not limited to, reasonable counsel fees under 42 Pa.C.S.A. § 2503 and civil and criminal contempt proceedings.
Rule L220 Six-Member Jury in Civil Cases
(a) Except as provided in subdivision (b) below, juries in civil cases shall consist of eight members, six regular jurors and two alternate jurors. If during the trial, the number of regular jurors falls below six, the court shall declare a mistrial unless all parties agree on the record to proceed with less than six regular jurors.
(b) In cases to be tried by jury, trial shall be by a 12-member jury, if written demand is filed with the court by any party as part of that party's original pretrial statement filed in accordance with Pa.R.C.P. 212.2 and Rule L212 prior to the scheduled trial.
Rule 227.1 Post-Trial Relief
(a) Motions for post-trial relief shall be filed with the Prothonotary together with an order for transcript directing that designated portions of the record be transcribed as provided by Pa.R.C.P. 227.3 and identifying the responsible court stenographer(s).
(b) The moving party shall attach to the order for transcript a completed request for transcript form prescribed and provided by the court.
(c) The moving party shall serve a copy of the face sheet of the motion for post-trial relief, order for transcript, and request for transcript form upon the District Court Administrator and responsible court stenographer(s).
(d) Within the 10-day prescribed time period under Pa.R.C.P. 227.3, opposing counsel may present an objection, in accordance with Rule L211(a), requesting that an additional, lesser, or different portion of the record be transcribed. The court shall promptly enter an order disposing of the objection or schedule oral argument of the objection.
(e) Oral argument and a briefing schedule of the motion for post-trial relief shall be in accordance with Rule L211(b).
(f) All transcripts requested shall be subject to Pa.R.J.A. 5000.1 through 5000.13.
(g) The responsible court stenographer(s) shall complete all transcripts requested within 30 days, unless exigent circumstances justify any delay.
Rule L230.2 Termination of Inactive Cases
(a) General Policy. It is the policy of the Court of Common Pleas of Lawrence County to bring each pending civil matter to an expeditious conclusion as promptly as possible consistent with the administration of justice, fairness, the character of the matter and the resources of the system. Consistent with this policy, the court shall proceed under Pa.R.C.P. 230.2.
(b) If terminated, the Prothonotary shall mark the docket indicating that the case has been terminated.
(c) The Prothonotary shall notify the District Court Administrator of all cases where a statement of intent to proceed has been filed or where the court has granted a petition to reinstate under Pa.R.C.P. 230.2.
(d) If a petition to reinstate is filed more than 30 days after the termination of the case, the court shall schedule a hearing of the petition. Opposing counsel is not required to, but may, file a response to such a petition.
(e) Any case not terminated shall be subject to the following schedule:
(1) In cases in which the pleadings are closed, the following schedule shall be observed:
(i) All discovery shall be completed within 60 days from either the date of filing the statement of intent to proceed or the court's order reinstating the case as an active case, unless extended by the court for cause shown.
(ii) All dispositive motions shall be filed within 30 days after the deadline for completion of discovery.
(iii) A praecipe to place the case at issue shall be filed within 30 days after discovery is closed or following the court's disposition of all dispositive motions, if any dispositive motions are timely filed.
(2) In cases in which the pleadings are not closed, the following schedule shall be observed:
(i) If only a writ of summons has been filed, a complaint must be filed within 20 days of either the date of filing the statement of intent to proceed or the court's order reinstating the case as an active case.
(ii) If a complaint has been filed, then preliminary objections or an answer to the complaint must be filed within 20 days of either the date of filing the statement of intent to proceed or the court's order reinstating the case as an active case.
(iii) All discovery shall be completed within 30 days following the close of the pleadings.
(iv) All dispositive motions shall be filed within 30 days of the deadline for completion of discovery.
(v) A praecipe to place the case at issue shall be filed within 30 days after discovery is closed or following the court's disposition of all dispositive motions, if any dispositive motions are timely filed.
Note: The notice to complete discovery and dispositive motions normally required under Rule L212.1(b)(2) is not required in cases which are subject to this Rule L230.2.
Rule L236 Notice by Prothonotary of Entry of Order, Decree or Judgment
(a) The Prothonotary, in accordance with Pa.R.C.P. 236, shall be responsible for serving all orders, decrees, and judgments.
(b) After original service of process, all orders, decrees and judgments served by the Prothonotary shall be served by ordinary first class mail or via facsimile transmission in accordance with Pa.R.C.P. 236(d).
(c) Any copy of an order, decree or judgment served by the Prothonotary shall not be required to be a certified copy of the order, decree or judgment.
Rule L237.4 Form of Notice of Praecipe to Enter Judgment of Non Pros
The notice of every praecipe to enter judgment of non pros for failure to file a complaint shall include the following name and address of the office from which the plaintiff can receive information about obtaining the services of a lawyer and getting legal help:
Office of Lawyer Referral
Third Floor
Lawrence County Government Center
430 Court Street
New Castle, PA 16101
(724) 656-1921Rule L237.5 Form of Notice of Praecipe to Enter Judgment by Default
The notice of every praecipe to enter judgment by default for failure to plead shall include the following name and address of the office from which the defendant can receive information about obtaining the services of a lawyer and getting legal help:
Office of Lawyer Referral
Third Floor
Lawrence County Government Center
430 Court Street
New Castle, PA 16101
(724) 656-1921Rule L300 Statutory Appeals
Unless a contrary procedure is required by statute or general rule of court, this Rule shall apply to all statutory appeals from a municipal hearing board, local agency or equivalent body and where the court has jurisdiction to review such adjudications.
(a) Transmitting the record
(1) When an appeal from a decision of a municipal hearing board, local agency, or equivalent body is filed, the appellant shall serve a copy of the appeal upon the District Court Administrator.
(2) Upon the filing of the appeal, the Prothonotary shall immediately issue a writ of certiorari and properly serve it on the municipal hearing board or local agency equivalent body from which the appeal was taken directing the board, agency or body to transmit a copy of the record required to be established by the board, agency or body in hearing the matter and issuing a decision, within 20 days of notice of the writ.
(3) When the record is transmitted, the municipal hearing board, local agency or equivalent body shall accompany the record with a certificate certifying that the record transmitted is complete, including a full transcript, and in accord with the statutory provision regarding the creation of a record before the board, agency or body. A copy of the certificate shall be served by the board, agency or body upon the District Court Administrator.
(4) Upon receipt of the certificate by the District Court Administrator, the court shall schedule oral argument of the appeal and set a briefing schedule.
(b) Evidentiary Hearing
(1) If the court determines that the transmitted record is incomplete, it shall order the municipal hearing board, local agency or equivalent body to transmit a complete record within 20 days of the order, with the order enforceable by contempt of court, remand the case to the board, agency or body with directions to complete the record or schedule a de novo evidentiary hearing.
(2) In the event that a party desires to present additional evidence, a motion indicating the reasons therefor shall be presented to the court, during motion court in accordance with Rule L211(a), within 10 days after the court schedules argument and sets a briefing schedule. The motion shall state with particularity the authority upon which movant relies and the particular factors which the moving party believes indicate that the receipt of further evidence is warranted.
(3) In cases in which evidence is received by the court pursuant to subsection (a)(2)(i) of this Rule, after the close of the evidentiary proceedings, all parties shall submit proposed findings of fact to the court along with their respective briefs on the merits of the appeal in accordance with a schedule fixed by the court.
Rule L310.1 Real Estate Assessment and Tax Exemption Appeals
(a) All appeals from a real estate assessment or tax exemption by the Board of Assessment Appeals shall be presented or filed in the form of a petition for allowance of appeal.
(b) The petition for allowance of appeal shall be filed with the Prothonotary. The appellant shall serve a copy of the petition for allowance of appeal upon the District Court Administrator.
(c) The petition shall have attached a proposed preliminary order, which shall provide:
(1) That the appeal is allowed;
(2) That the taxing authorities within whose jurisdiction the real estate is situate and the property owner, if the appellant is not the property owner, shall be notified that leave to intervene in the appeal, if desired, must be pursued in accordance with Pa.R.C.P. 2328-2330;
(3) The scheduling of a pre-hearing conference to be held no earlier than 45 days from the date of filing the petition; and
(4) That within five (5) days from the date of the preliminary order, appellant shall serve a copy of the petition and the Prothonotary shall serve a copy of the preliminary order upon the Board of Assessment Appeals, the Board of Commissioners of Lawrence County, the governing bodies of the school district and each municipality in which the real estate is situate, and upon the property owner, if the appellant is not the property owner.
(d) Appellant shall file of record a certificate of service stating to whom service of the petition was made and the method and date of service.
(e) The Prothonotary shall file of record a certificate or affidavit of service of the preliminary order stating to whom service was made and the method and date of service.
Rule L310.2 Real Estate Assessment and Tax Exemption Appeals--Pre-Hearing Statement and Conference
(a) All parties of record shall file a pre-hearing statement no later than 10 days prior to the pre-hearing conference.
(b) The pre-hearing statements shall include:
(1) A summary of the evidence which will be offered at the hearing;
(2) A list of exhibits to be offered;
(3) A list of the names and addresses of all witnesses to be called;
(4) In an assessment appeal, copies of any appraisal reports, or if no report is available, a summary of the testimony of any expert who will be called as a witness;
(5) In an assessment appeal, a statement of the current valuation which is the basis for the appeal;
(6) In an assessment appeal, a statement setting forth the appellant's position as to the correct valuation, which shall include appellant's position as to the correct market value, assessment ratio, and assessment;
(7) In a tax exempt appeal, copies of any expert report, or if no report is available, a summary of the testimony of any expert who will be called as a witness;
(8) In a tax exemption appeal, a statement setting forth the appellant's basis for claiming a tax exemption of the property, including, but not all inclusively, citations of precedent or controlling case and statutory law;
(9) A statement that there have been negotiations between the parties and a good faith attempt to settle the case; and
(10) The pre-hearing statements shall be signed by the parties or their counsel.
(c) At the pre-hearing conference each party of record shall be personally present.
(d) At the pre-hearing conference, the parties of record shall consider:
(1) Possible stipulations as to evidence and facts;
(2) Simplification of the issues; and
(3) Settlement.
(e) If the appeal is not settled after a pre-hearing conference, the court shall enter an appropriate order, which may include the scheduling of a hearing.
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