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PA Bulletin, Doc. No. 04-1685

THE COURTS

VENANGO COUNTY

Promulgation of Local Rules 211.1, 211.2, 211.3, 212.1, 212.2 and 212.3; Civ. No. 1090-2004

[34 Pa.B. 5030]

Order of the Court

   And Now, this 25th day of August, 2004, we hereby order that Venango County Local Rules 211.1, 211.2, 211.3, 212.1, 212.3 are adopted. These rules shall be continuously available for public inspection and copying in the office of the prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary shall furnish to any person a copy of any local rule. The said local rules shall become effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

By the Court

H. WILLIAM WHITE,   
President Judge

Rule 211.1. Argument Court. Praecipe for Argument. When Held.

   (a)  Whenever a matter at issue involves a question of law only and no evidentiary hearing is required for determination thereof, any party or counsel desiring to submit such matter to the court may file a praecipe for argument.

   (b)  Argument Court shall be held on the dates scheduled on the court calendar, which is approximately once a month, or as otherwise ordered by the court.

   (c)  Cases for argument shall be placed on the argument docket at least thirty (30) days prior to argument court.

Rule 211.2. Argument Court. Filing and Content of Briefs.

   (a)  The moving party shall file a brief with the Prothonotary, which shall be docketed, simultaneously with the filing of the praecipe for argument. If the moving party has not filed a praecipe for argument, the brief of the moving party shall be due fourteen (14) days after any of the responding parties have filed a praecipe for argument.

   (b)  A responding party's reply brief shall be filed with the Prothonotary and docketed within seven (7) days of the filing of the moving party's brief.

   (c)  All briefs must include:

   (1)  A procedural summary, which includes an analysis as to why the issue is before the court;

   (2)  A synopsis of the relevant facts with reference to where they appear in the record;

   (3)  A statement of questions involved;

   (4)  A summary of pertinent law; and

   (5)  An analysis of the party's position.

Rule 211.3. Argument Court. Failure to File a Brief. Late Briefs.

   (a)  If the moving party has failed to file a brief or where the motion does not raise complex legal and/or factual issues, the moving party has failed to include a statement of applicable authority in the body of the motion, the motion shall, in the discretion of the judge, be dismissed or not considered.

   (b)  If any party's brief is not timely filed, the court will sanction, which shall include:

   (1)  The party being barred from oral argument; and

   (2)  Such other sanctions as the court deems appropriate.

Rule 212.1. Civil Actions to be Tried by Jury. Listing for Trial. Time for Filing Pre-Trial Statement.

   (a)  The parties can list a case for trial by filing a praecipe with the Prothonotary. A case may be placed on the trial list after it is at issue and there are no unresolved motions before the court.

   (b)  The court calendar shall list civil pre-trial conference days. All cases listed for trial shall be scheduled for the next pre-trial conference day. The court calendar shall also recite when the argument list and trial list closes.

   (c)  Pre-trial statements shall be filed no later than seven (7) days before the pre-trial conference.

Rule 212.2. Civil Actions to be Tried by Jury. Pre-Trial Statement. Content.

   (a)  In addition to the requirements of Pa.R.C.P. 212.2, a pre-trial statement shall contain:

   (1)  A statement of the status of discovery, which shall include whether any further discovery is required and a proposed schedule for completing discovery;

   (2)  A statement of the status of the scheduling of an independent medical examination;

   (3)  A statement of the status of any depositions for use at trial;

   (4)  A statement of novel questions of law, including whether any motions in limine will be filed; and

   (5)  A statement of damages with a detailed analysis of the claim, including the manner of calculating damages.

Rule 212.3. Pre-Trial Conference.

   (a)  Trial counsel must be present at the pre-trial conference unless:

   (1)  Trial counsel is at trial in another court; or

   (2)  Trial counsel otherwise has the court's permission and substitute counsel attends (in all cases, substitute counsel will be thoroughly familiar with the case and prepared to discuss and resolve all outstanding issues).

   (b)  The parties are not required to appear at the pre-trial conference but may appear. At the very least, the parties must be available by telephone. If the parties are not present, counsel shall be fully vested with settlement authority. Where settlement authority is coming from an insurance company, a company representative with settlement authority shall attend or be available by telephone.

   (c)  The court shall establish a trial date, taking into consideration the requests of all parties and their counsel. Once the trial date is set at the pre-trial conference, it shall be firm.

   (d)  The court shall discuss trial alternatives such as a summary trial. This court intends to use a summary trial for any jury trial that is expected to last more than three (3) days.

   (e)  The court shall determine whether to regulate further discovery.

   (f)  In jury trials, the court shall discuss settlement. In non-jury trials, the court shall discuss settlement only with the consent of all parties.

   (g)  The court shall dictate an order in the presence of counsel that:

   (1)  Memorializes all material matters discussed at the conference;

   (2)  Schedules trial;

   (3)  Addresses further discovery;

   (4)  Discusses pending trial depositions;

   (5)  Addresses motions in limine;

   (6)  Addresses voir dire questions;

   (7)  Places responsibility for the preparation and delivery of verdict slips, proposed findings, trial briefs, and requested points for charge; and

   (8)  Directs counsel to have all exhibits pre-marked--plaintiffs/numbers, defendants/letters--and available for inspection at jury selection.

[Pa.B. Doc. No. 04-1685. Filed for public inspection September 10, 2004, 9:00 a.m.]


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