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PA Bulletin, Doc. No. 05-602

THE COURTS

Title 255--LOCAL
COURT RULES

ERIE COUNTY

Adoption of Rule 1042.21 to Rules of Civil Procedure; No. 90009 Court Order 2005

[35 Pa.B. 1978]

Order

   And Now, this 17th day of February, 2005, upon the recommendation of the committee of the Bar appointed by this Court, it is hereby Ordered, Adjudged and Decreed that proposed Rule 1042.21 relating to mediation in medical malpractice cases as more fully set forth as follows is adopted and shall hereafter be made a part of the Local Rules of the Court of Common Pleas of Erie County, Pennsylvania.

By the Court

ELIZABETH K. KELLY,   
President Judge

1042.21 Pretrial Procedure in Medical Profession Liability Actions. Settlement Conference; Mediation

   (a)  Any motion by a healthcare provider requesting a court ordered mediation, shall set forth the following minimum information:

   (1)  the date of the proposed mediation or the time frame during which the mediation will take place;

   (2)  the identity of the proposed mediator;

   (3)  the location of the proposed mediation; and

   (4)  any other terms that has been consented to by the parties or which are being proposed by the moving health care provider.

   (b)  If the motion has been consented to, such consent shall be noted in the motion and, where possible, written consents from the parties shall be attached.

   (c)  Any party opposing a Motion for mediation shall file their objections within ten (10) days of service of the Motion.

[Pa.B. Doc. No. 05-602. Filed for public inspection April 1, 2005, 9:00 a.m.]


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