THE COURTS
LUZERNE COUNTY
Order Adopting and/or Amending Rules of Civil Procedure; No. 4905C/04
[34 Pa.B. 4429]
Order Now, this 19th day of July, 2004, the Court hereby adopts the following Rules 206.4(c), 208.3(a), 216, 1028(c), 1034(a), 1035.2(a) of the Luzerne County Rules of Civil Procedure and amends Rule 210 of the Luzerne County Rules of Civil Procedure.
It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee, one (1) certified copy to the Criminal Procedural Rules Committee, once (1) certified copy to the Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue. This Revision shall also be published on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org).
It is further ordered that the effective date of this order shall be effective July 26, 2004.
It is further ordered that these local rules shall be kept continuously available for public inspection and copying in the Prothonotary's Office and the Clerk of Court's Office.
By the Court
MICHAEL T. CONAHAN,
President JudgeL.R.CIV.P. 206.4(c) Procedure for Issuance of Rule to Show Cause
(1) A party seeking a rule to show cause shall present the same along with the underlying motion/petition, a comprehensive brief in support and proposed order, to Motions Court for consideration.
(i) Motions Court is held Monday through Friday from 8:30 a.m. to 9:15 a.m., with the exception of legal holidays.
(ii) The assignment of a Judge of the Court of Common Pleas to Motions Court is made on a rotating basis and available at the Office of the Court Administrator.
(2) If the Motions Court Judge issues the rule to show cause, the moving party shall:
(i) serve a copy of the executed rule to show cause, the underlying motion/petition, the comprehensive brief and proposed order upon the Court Administrator, who will assign a return date for the rule to show cause in accordance with internal operating procedures of the Court of Common Pleas; and
(ii) file with the Court Administrator a Civil Argument Sheet, which is available at the Court Administrator's Office.
(3) Once the Court Administrator assigns the return date, the executed rule to show cause indicating the assigned return date, the moving party shall file the underlying motion/petition, the comprehensive brief and proposed order with the Prothonotary and shall immediately serve a copy of the aforementioned upon all opposing parties.
(4) Within twenty (20) days of service of the motion/petition, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Prothonotary and serve the same upon all parties and the Court Administrator who shall then assign it to a Judge and shall so notify all parties.
(5) The matter shall be ruled upon without oral argument unless requested by any party. Said request must be filed with the Court Administrator contemporaneously with the filing of the party's brief or by the Judge to whom the matter has been assigned.
(6) If the party filing the matter fails to file a comprehensive brief as required by this Rule, the Court Administrator shall present an Order to Motions Court who shall dismiss the matter. If any opposing party fails to file its brief in opposition within the time provided in this Rule, that party shall be deemed not to oppose the matter and the Judge to whom the assignment has been made shall dispose of it in accordance with the law as a matter of course.
(7) Service shall be made within three (3) days of filing by delivering a copy or by mailing a copy of the party's counsel of record, or where the party is unrepresented, to that party either personally or at the party's last know address.
(8) Proof of service shall be filed and shall be by written acknowledgment of service, by affidavit of the person making service or by certification of counsel.
(9) This rule shall apply to all pending actions. Failure of the proponent of the matter to file a brief within thirty (30) days of the effective date of this Rule shall result in its dismissal as of course by Motions Court upon motion of any other party.
L.R.CIV.P. 208.3(a) Motions Procedure
(1) With respect to a ''motion'' as defined by Pa.R.Civ.P. 208.1, which is uncontested by all parties of record, a party shall present the same along with a proposed order to Motions Court for consideration.
(i) Motions Court is held Monday through Friday from 8:30 a.m. to 9:15 a.m., with the exception of legal holidays.
(ii) The assignment of a Judge of the Court of Common Pleas to Motions Court is made on a rotating basis and available at the Office of the Court Administrator.
(2) The Motions Court Judge may consider the uncontested ''motion'' and issue an appropriate order concerning the same. In such case, the moving party shall file the executed order and the underlying motion with the Prothonotary and serve a copy of the same upon the Court Administrator and all parties of record.
(3) All other ''motions'' as defined by Pa.R.Civ.P. 208.1 are governed by, and disposed of in accordance with, the procedures set forth in L.R.Civ.P. 206.4 (c).
L.R.CIV.P. 210 Form of Brief
(a) At the time of filing of any motion, petition, or rule to show cause, the Proponent of the same shall file with the Prothonotary and serve upon the Court Administrator and all parties a comprehensive brief in support thereof. The brief should contain a factual and procedural history of the case, the issues involved, argument with adequate citation in support thereof and conclusion. A brief in support thereof is not be required in the following instances: child or spousal abuse, change of name, routine actions for quite title, civil in forma pauperis applications, appeals to withdraw as counsel, and motions to compel answers to interrogatories to which no objection have been filed.
(b) Any party who wishes to contest the motion or petition shall file a comprehensive brief in opposition with the Prothonotary and shall serve the same upon the Court Administrator and all parties in accordance with the time limits imposed by the Pennsylvania Rules of Civil Procedure and these local rules, unless so ordered by the Court. The brief in opposition should contain a factual and procedural history of the case, the issues involved, argument with adequate citation in support thereof and conclusion.
L.R.CIV.P. 216 Motions for Continuance and/or Extension of Time
(a) Where a party is granted a continuance pursuant to Pennsylvania Rule of Civil Procedure 216, the party shall file said order and/or agreement with the Prothonotary and serve a copy of the same upon the Court Administrator and all parties of record.
(b) Where a party is granted an extension of time within which the party is required to act pursuant to the Pennsylvania Rules of Civil Procedure and/or these local rules, the party shall file a document evidencing the extension of time with the Prothonotary and serve a copy of the same upon the Court Administrator and all parties of record.
L.R.CIV.P. 1028(c) Procedure for Filing of Preliminary Objections
(1) A party filing preliminary objections shall file the same, along with a comprehensive brief in support and proposed order, with the Prothonotary. A rule to show cause shall not be presented or filed with preliminary objections.
(2) After filing as provided in subsection (a), the moving party shall immediately:
(i) serve a copy of the preliminary objections, the comprehensive brief and proposed order upon the Court Administrator;
(ii) file with the Court Administrator a Civil Argument Sheet, which is available at the Court Administrator's Office; and
(iii) serve a copy of the aforementioned upon all opposing parties.
(3) Within twenty (20) days of service of the matter, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Prothonotary and serve the same upon all parties and the Court Administrator who shall then assign it to a Judge and shall so notify all parties.
(4) The matter shall be ruled upon without oral argument unless requested by any party. Said request must be filed with the Court Administrator contemporaneously with the filing of the party's brief or by the Judge to whom the matter has been assigned.
(5) If the party filing the matter fails to file a comprehensive brief as required by this Rule, the Court Administrator shall present an Order to Motions Court who shall dismiss the matter. If any opposing party fails to file its brief in opposition within the time provided in this Rule, that party shall be deemed not to oppose the matter and the Judge to whom the assignment has been made shall dispose of it in accordance with the law as a matter of course.
(6) Service shall be made within three (3) days of filing by delivering a copy or by mailing a copy of the party's counsel of record, or where the party is unrepresented, to that party either personally or at the party's last know address.
(7) Proof of service shall be filed and shall be by written acknowledgment of service, by affidavit of the person making service or by certification of counsel.
(8) This rule shall apply to all pending actions. Failure of the proponent of the matter to file a brief within thirty (30) days of the effective date of this Rule shall result in its dismissal as of course by Motions Court upon motion of any other party.
L.R.CIV.P. 1034(a) Procedure for Filing of Motions for Judgment on the Pleadings
(1) A party filing a motion for judgment on the pleadings shall file the same, along with a comprehensive brief in support and proposed order, with the Prothonotary. A rule to show cause shall not be presented or filed with a motion for judgment on the pleadings.
(2) After filing as provided in subsection (a), the moving party shall immediately:
(i) serve a copy of the motion for judgment on the pleadings, the comprehensive brief and proposed order upon the Court Administrator;
(ii) file with the Court Administrator a Civil Argument Sheet, which is available at the Court Administrator's Office; and
(iii) serve a copy of the aforementioned upon all opposing parties.
(3) Within thirty (30) days of service of the motion, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Prothonotary and serve the same upon all parties and the Court Administrator who shall then assign it to a Judge and shall so notify all parties.
(4) The matter shall be ruled upon without oral argument unless requested by any party. Said request must be filed with the Court Administrator contemporaneously with the filing of the party's brief or by the Judge to whom the matter has been assigned.
(5) If the party filing the matter fails to file a comprehensive brief as required by this Rule, the Court Administrator shall present an Order to Motions Court who shall dismiss the matter. If any opposing party fails to file its brief in opposition within the time provided in this Rule, that party shall be deemed not to oppose the matter and the Judge to whom the assignment has been made shall dispose of it in accordance with the law as a matter of course.
(6) Service shall be made within three (3) days of filing by delivering a copy or by mailing a copy of the party's counsel of record, or where the party is unrepresented, to that party either personally or at the party's last know address.
(7) Proof of service shall be filed and shall be by written acknowledgment of service, by affidavit of the person making service or by certification of counsel.
(8) This rule shall apply to all pending actions. Failure of the proponent of the matter to file a brief within thirty (30) days of the effective date of this Rule shall result in its dismissal as of course by Motions Court upon motion of any other party.
L.R.CIV.P. 1035.2(a) Procedure for Filing of Motion for Summary Judgment
(1) A party filing a motion for summary judgment shall file the same, along with a comprehensive brief in support, supporting documents, and proposed order, with the Prothonotary. A rule to show cause shall not be presented or filed with a motion for summary judgment.
(2) After filing as provided in subsection (a), the moving party shall immediately:
(i) serve a copy of the motion for summary judgment, the comprehensive brief, supporting documents and proposed order upon the Court Administrator;
(ii) file with the Court Administrator a Civil Argument Sheet, which is available at the Court Administrator's Office; and
(iii) serve a copy of the aforementioned upon all opposing parties.
(3) Within thirty (30) days of service of the motion, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Prothonotary and serve the same upon all parties and the Court Administrator who shall then assign it to a Judge and shall so notify all parties.
(4) The matter shall be ruled upon without oral argument unless requested by any party. Said request must be filed with the Court Administrator contemporaneously with the filing of the party's brief or by the Judge to whom the matter has been assigned.
(5) If the party filing the matter fails to file a comprehensive brief as required by this Rule, the Court Administrator shall present an Order to Motions Court who shall dismiss the matter. If any opposing party fails to file its brief in opposition within the time provided in this Rule, that party shall be deemed not to oppose the matter and the Judge to whom the assignment has been made shall dispose of it in accordance with the law as a matter of course.
(6) Service shall be made within three (3) days of filing by delivering a copy or by mailing a copy of the party's counsel of record, or where the party is unrepresented, to that party either personally or at the party's last know address.
(7) Proof of service shall be filed and shall be by written acknowledgment of service, by affidavit of the person making service or by certification of counsel.
(8) This rule shall apply to all pending actions. Failure of the proponent of the matter to file a brief within thirty (30) days of the effective date of this Rule shall result in its dismissal as of course by Motions Court upon motion of any other party.
[Pa.B. Doc. No. 04-1482. Filed for public inspection August 13, 2004, 9:00 a.m.]
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