THE COURTS
WASHINGTON COUNTY
Local Civil Rules; No. 2004-1
[34 Pa.B. 3691]
Order And Now, this 28th day of June, 2004; It Is Hereby Ordered that the following Washington Local Civil Rules be rescinded, renumbered, and adopted as follows.
These changes shall become effective thirty days after publication in the Pennsylvania Bulletin.
DAVID L. GILMORE,
President JudgeWashington County Local Rule 1028(c)
All Preliminary Objections shall be filed in the Washington County Prothonotary's Office and promptly served upon all other counsel and unrepresented parties. If no Amended Complaint is filed within twenty (20) days, the objecting party shall thereafter present a Scheduling Motion to the assigned judge for the case, to schedule argument on the objections pursuant to Local Rule 208.3(a), with advance notice of said Motion to all parties. The Scheduling Order shall be filed with the Prothonotary by the objecting party and promptly served on all other counsel and unrepresented parties. A copy shall also be furnished to the Court Administrator. In unassigned cases, the objecting party should present the Scheduling Motion to the General Civil Motions Judge of the Term pursuant to Local Rule 208.3(a).
Where Preliminary Objections contain grounds raising issues of fact, said objections shall be endorsed with a Notice to Plead and the Court will schedule disposition of said objections with due consideration for the time required by the parties to obtain evidence required for consideration of said objections. All evidence that the parties wish the Court to consider shall be filed with the party's Brief.
The objecting party shall file a Brief with the Prothonotary no later than ten (10) business days prior to the Argument date. The Respondent's Brief must be filed with the Prothonotary no later then five (5) business days prior to the Argument date. A party filing a Brief shall promptly serve a copy on all other counsel and unrepresented parties.
In the event that either or both parties wish to submit the matter on briefs without oral Argument, they shall communicate that wish to the Court, in writing, prior to the Argument day. However, Briefs shall still be filed with the Prothonotary on the days required by this Rule, unless an extension is obtained through leave of Court.
If a party's Brief is not timely filed, the Court may, in its discretion:
(i) Disregard the untimely brief;
(ii) Refuse oral argument by the offending party;
(iii) Consider the issues raised by the offending party to be waived;
(iv) Order Argument to be continued;
(v) Enter such other Order as the interests of justice may require.
Washington County Local Rule 1034(a)
All Motions for Judgment on the Pleadings shall be filed in the Washington County Prothonotary's Office and promptly served upon all other counsel and unrepresented parties. The moving party shall promptly thereafter present a Scheduling Motion to the assigned judge for the case to schedule Argument on the Motion pursuant to Local Rule 208.3(a) with advance Notice of said Motion to all counsel and unrepresented parties. The Scheduling Order shall be filed with the Prothonotary by the moving party and promptly served on all other counsel and unrepresented parties. A copy of the Scheduling Order shall be provided to the Court Administrator. In unassigned cases, the Scheduling Motion should be presented to the General Civil Motions Judge of the Term pursuant to Local Rule 208.3(a).
The moving party shall file a Brief with the Prothonotary no later than ten (10) business days prior to the Argument date. The Respondent's Brief must be filed with the Prothonotary no later than five (5) business days prior to the Argument date. A party filing a Brief shall file the original with the Prothonotary, and shall promptly serve a copy on all other counsel and unrepresented parties.
In the event that either or both parties wish to submit the matter on Briefs without oral Argument, they shall communicate that wish to the Court, in writing, prior to the Argument day. However, Briefs shall still be filed with the Prothonotary on the days required by this Rule, unless an extension is obtained through leave of Court.
If a party's Brief is not timely filed, the Court may, in its discretion:
(i) Disregard the untimely Brief;
(ii) Refuse oral argument by the offending party;
(iii) Consider the issues raised by the offending party to be waived;
(iv) Order Argument to be continued;
(v) Enter such other Order as the interests of justice may require.
Washington County Local Rule 1035.2(a)
The procedures for the disposition of a Motion for Summary Judgment are identical to the procedures for the disposition of a Motion for Judgment on the Pleadings described in Local Rule 1034(a) except that a Response in Opposition to the Motion for Summary Judgment shall be filed as provided in Pa.R.C.P. § 1035.3.
Washington County Local Rule 208.2(c)
All motions shall include a brief statement of the applicable authority, which shall be included on the Certification page. (With regard to the Certification page referenced in Local Rules 208.2(c), (d) and (e), the Statement of Authority, Status of Motion as contested or uncontested, and the reference to conferring with counsel in discovery matters should all be incorporated on one page, labeled Certification of Counsel, which should also incorporate certification of mailing.)
Washington County Local Rule 208.2(d)
All motions shall include a Certification, signed by counsel for the moving party, stating whether or not said motion is contested or uncontested. (With regard to the Certification page referenced in Local Rules 208.2(c), (d) and (e), the Statement of Authority, Status of Motion as contested or uncontested, and the reference to conferring with counsel in discovery matters should all be incorporated on one page, labeled Certification of Counsel, which should also incorporate certification of mailing.)
Washington County Local Rule 208.2(e)
All motions relating to discovery shall include a Certification signed by counsel for the moving party, certifying that counsel has conferred or attempted to confer with all interested parties in order to resolve the discovery matter without court action. (With regard to the Certification page referenced in Local Rules 208.2(c), (d) and (e), the Statement of Authority, Status of Motion as contested or uncontested, and the reference to conferring with counsel in discovery matters should all be incorporated on one page, labeled Certification of Counsel, which should also incorporate certification of mailing.)
Washington County Local Rule 210
The Brief of the moving party shall contain a statement of the history of the case, a statement of the issues involved, a statement of the argument, and a short conclusion stating the precise relief sought.
The Brief of the responding party need only contain the argument, but the responding party may add a counter-history of the case.
Washington County Local Rule 206.4(c)
Procedures For The Disposition Of Petitions
The procedure specified in Pa.R.C.P. 206.5 is hereby adopted to govern petition practice in the Court of Common Pleas of Washington County, and accordingly, the issuance of a Rule to Show Cause upon the filing and presentation of a Petition, shall be discretionary with the Court. However, in the event that a Rule to Show Cause is issued, the procedure is then governed by Pa.R.C.P. 206.7.
The petitioning party shall give Notice to all other parties of the intention to request the Court to issue the Rule, pursuant to Local Rule 208.3(a). The Petition shall be filed in the Washington County Prothonotary's Office and promptly served upon all other parties.
Upon execution of the Order issuing the Rule, the original Order shall be filed with the Prothonotary's Office. Notice of Entry of the Order shall be provided to all parties and their counsel, if known, by the Petitioner.
A Request for Stay of Proceedings Pending Disposition of the Petition, shall be included in the text of the Petition, to be considered and processed in accordance with the above procedures. If the need for emergency relief is necessary, the request shall be presented to the general civil motions judge, with Notice to opposing counsel, if known, and unrepresented parties of the date and time of presentation.
If Briefs are required, the Brief of the petitioning party shall be filed with the Prothonotary and served on all other parties at least ten (10) days prior to the Argument date. The Brief of the party opposing the Petition shall be filed at least five (5) days prior to the Argument and served on all other parties.
Washington County Local Rule 208.3(a)
Procedures for the Disposition of Motions
1. Scope
(i) As used in this Rule, ''motion'' means any application to the Court made in any civil action or proceeding except as provided by subdivisions (b)(1) and (2) of Pa.R.C.P. § 208.1.
(ii) This Court has not promulgated a Local Rule, numbered Local Rule 208.3(b), because this Court has not imposed requirements for the filing of a response or a brief with respect to any motions.
(iii) This Local Rule does not govern motions filed in asbestos litigation and cases otherwise designated by the Court for special management (Pa.R.C.P. § 1041.1 and 1041.2), class actions, and any other cases which, by Court Order, have been assigned to a judge where the Order provides for this judge to consider any motions that the parties file.
2. Presentation Of Motions In Assigned Cases
(i) The trial judge assigned to a specific case will hear all motions relating to that case. All Pre-trial Motions shall be heard by the trial judge, which judge shall be available to hear these motions at times to be noted on the judge's individual calendar.
(ii) Before an uncontested motion is presented, the moving party shall furnish a copy of the Motion, together with any proposed Order, to every other party or counsel of record.
(iii) In contested matters, the moving party shall so furnish a copy of the Motion and any proposed Order to all other parties or counsel at least three (3) calendar days in advance of the presentation, together with Notice of when the presentation is to occur. The Motion shall be accompanied by a Certificate of the filing attorney, stating the time and manner of service on any party or counsel.
3. Presentation of Motions in Unassigned Cases
(i) A daily Civil Motions Judge is assigned by the President Judge on a rotating basis. This General Civil Motions Judge is also known as Judge of the Term.
(ii) The General Civil Motions Judge shall assume the bench at 9:15 a.m. on each day that the Court is open for business.
(iii) The General Civil Motions Judge of the Term will act on all civil motions and petitions that are not related to cases assigned to a trial judge.
(iv) Before an uncontested motion is presented, the moving party shall furnish a copy of the Motion and any proposed Order to every other party or counsel of record.
(v) In all contested matters, the moving party shall serve upon the opposing party or opposing counsel a copy of the proposed Motion prior to presentation to the General Civil Motions Judge of the Term, and shall inform his opponent of the date and time at which the proposed Motion is to be presented, at least three (3) days prior to the date for presentation.
(vi) The Motion shall name each judge who has ruled upon any other issue in the same or related case and shall specify the issue. The Motion shall be accompanied by a Certificate of the filing attorney, stating the time and manner of service on any party or counsel.
(vii) At each daily session of Motions Court, presided over by the Judge of the Term, uncontested matters shall be heard by the Court before contested matters.
4. Emergency Motions
(i) In a situation where the emergency nature of the matter prevents three (3) days advance notice of a motion, a moving party shall provide the opposing party or counsel, if known, with as much notice as is reasonably possible under the circumstances.
5. Responses/Briefs
(i) There is no requirement for the filing of a response or the filing of Briefs prior to presentation of motions. However, the parties are encouraged to submit Briefs when it is anticipated that the Court will wish to consider Briefs before deciding an issue.
Washington County Local Rules 200.8; 200.9--Argument Court; 200.10--Form and Contents of Brief
Local Rules 200.8, 200.9 and 200.10, governing Argument Court proceedings, are rescinded.
Washington County Local Rule 210--Washington County Civil Litigation Mediation Program
Local Rule 210 is renumbered to Local Rule 810.
Washington County Local Rule 211--Mini Jury Trials
Local Rule 211 is renumbered to Local Rule 812.
Washington County Local Rule 223.2--Jury Voir Dire--Civil Litigation
Local Rule 223.2 is renumbered to Local Rule 220.1.
Washington County Local Rule 212.4--Conciliation Conferences for Medical Malpractice Cases
Local Rule 212.4 is rescinded.
Washington County Local Rule 1303(a)
Former Paragraph (a) to Local Rule 1303 is hereby amended, effective . . . , to read as follows:
(a)(i) After the pleadings have been closed for thirty (30) days, any party may initiate arbitration by filing with the Prothonotary a Praecipe for Reference to a Board of Arbitration. The Praecipe for Reference to a Board of Arbitration shall be substantially in the following form:
(Caption)
PRAECIPE FOR REFERENCE TO A BOARD OF ARBITRATION To the Prothonotary:
Kindly refer this matter to a Board of Arbitration. I certify that at least ten (10) days notice of the filing of this Praecipe has been given to all parties to this action.
Date: ______ By ______
Attorney for _____As noted, the moving party shall notify all other parties or their counsel of their intent to file such Praecipe at least ten (10) days prior to the filing.
(ii) Upon filing of the Praecipe, the Prothonotary shall furnish a copy to the Court Administrator for scheduling.
Washington County Local Rule 1901
Local Rule 1901 governing inactive cases is hereby amended and renumbered. Local rule 1901 is now designated L-230.2 and is as follows:
Before the second Monday in December of each year, the Court Administrator shall prepare a list of civil cases in which no paper has been filed or action taken for more than two years. The Court, by the President Judge, shall, on the second Monday of December of each year, issue a ''Notice of Proposed Termination of Court Case'' to all parties of record advising that, in the absence of a response or reply, the case will be stricken as stale. Copies of the aforementioned notice shall be sent by the Prothonotary by regular mail to each attorney of record, and, in the absence thereof to the litigants to the last address of record. The Prothonotary shall make an appropriate notation upon the docket of the mailing. Similarly, the Notice and Stale Case List shall be published once in the Washington County Reports during December.
On or before the second Monday of February of the following year, the parties must file a reply to the aforesaid Notice with a ''Statement of Intention to Proceed'' advising the Court that the case should not be terminated. With the exception of the cases in which a Statement of Intention to Proceed is filed, the cases remaining on the list will be terminated for want of prosecution, with prejudice. A copy of the Order shall then be filed at each number and term to which it is applicable.
[Pa.B. Doc. No. 04-1278. Filed for public inspection July 16, 2004, 9:00 a.m.]
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