THE COURTS
Title 255--LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 1793 S 1989
[36 Pa.B. 388]
Order And Now, this 5th day of January 2006, Dauphin County Local Rules 212.2, 215.1, 1001, 1038, 1703, 2039 and 4019 are amended as follows:
Rule 212.2. Contents of Pre-Trial Statements
In addition to requirements of Pa.R.C.P. 212.2, the pre-trial statement shall include:
(a) the estimated length of trial;
(b) any scheduling problems;
(c) any special evidentiary issues;
(d) a realistic settlement offer or demand[.];
(e) a certification that counsel discussed mediation in good faith with his or her client(s) and with opposing counsel and with all unrepresented parties, if any, in accordance with Dauphin County Local Rule 1001.
Rule 215.1 Jury Trials
(1) LISTING--An original and one copy of a Certificate of Readiness shall be filed with the Prothonotary listing a case for a jury trial in accordance with the timelines published in the Annual Court Calendar. No case subject to compulsory arbitration shall be listed for trial, unless on appeal from a report and award of arbitrators. The party filing the Certificate of Readiness shall communicate with all counsel and/or pro se parties and confirm the availability of all counsel or the pro se party, as the case may be, together with the availability of all witnesses and all parties for the particular trial term before the Certificate of Readiness is filed. The listing party shall attest that all discovery has been completed, serious settlement negotiations have been conducted, [videotaped testimony for use at trial has been recorded,] and that the case is READY IN ALL RESPECTS for trial. Absent extraordinary and com- pelling circumstances, the failure to complete videotaped testimony for use at trial shall not be a proper basis for a request for a continuance. A copy of the Certificate of Readiness shall be promptly served on all counsel and/or pro se parties. If a party is not represented by counsel of record, such notice shall include the date of the first day of the applicable trial session. The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and shall retain the copy in the file. The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www.dauphincounty.org). Parties filing the Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness. If a party is unable to satisfy the requirements regarding the filing of a Certificate of Readiness due to the unavailability of counsel, parties or witnesses, such party shall immediately file an Administrative Application for Status Conference in accordance with Dauphin County Local Rule 215.3.
Rule 1001 Mediation
a. General Applicability
Every civil action, except protection from abuse matters, filed in the Dauphin County Court of Common Pleas is eligible for mediation. Prior to filing suit and whenever practicable thereafter, parties and their counsel are encouraged to consider and to pursue mediation options.
b. Procedure For Mediation in Non-Jury Civil Trials, Civil Jury Trials and Cases Subject to Arbitration
Parties and their attorneys in all civil cases which will result in a non-jury civil trial, civil jury trial or arbitration may mutually elect to pursue mediation at any point before a case is listed for trial or arbitration. Status conferences conducted by the Court in accordance with Dauphin County Local Rule 215.3 shall include a discussion of the likely success of mediation and the appropriate point in the life of that case for mediation session(s) to be scheduled.
c. Certifications in Non-Jury Civil Trials, Civil Jury Trials and Cases Subject to Arbitration
All pre-trial conference memoranda filed in accordance with Dauphin County Local Rule 212.2 shall include certification by the attorney submitting same that mediation has been previously pursued or, if mediation has not been pursued, that the topic of mediation was discussed [among all] by not only counsel with their clients but also by all counsel and/or pro se parties and rejected only after good faith consideration. Likewise, certificates of readiness filed with the Court Administrator [as to any civil action] listing a case for a Non-Jury Civil Trial, a Civil Jury Trial or Arbitration shall contain a similar certification that mediation was pursued or, if not, was the subject of good faith consideration by counsel and all parties.
d. Mediation Programs
Parties and their attorneys are encouraged to use mediation to resolve disputes either through the Civil Dispute Resolution Program administered by the Dauphin County Bar Association or any other mediation program acceptable to the parties.
Rule 1038. Trial Without Jury
(1) When a case is READY IN ALL RESPECTS to be scheduled for a trial without a jury, any party may file an original and one copy of a Certificate of Readiness with the Prothonotary.
(2) The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and shall retain the copy in the file.
(3) The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall assign the case to be tried without a jury to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda to the assigned judge simultaneously with the filing thereof with the Prothonotary.
(4) The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County website (www. dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.
Rule 1703 Class Actions
When a Class Action Complaint, which is properly captioned as such, is filed with the Prothonotary, a copy of the Complaint shall be immediately brought to the Court Administrator's Office by the filing party. The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, will promptly assign the matter to a judge in accordance with Pa.R.C.P. 1703(b). Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda to the assigned judge simultaneously with the filing thereof with the Prothonotary.
Rule 2039 Petitions for Approval of Minors' Compromises
COMMENT: Attorneys and Pro Se Parties are advised that Pa.R.C.P. No. 2039 provides for the payment of a minor's settlement funds to the minor when he/she reaches the age of majority. However, it is currently the court's policy to approve settlements which call for the payment of funds to the minor up to age 22 under the provisions of Pa.R.C.P. No. 2039(a)(3) and (4). Longer terms may also be approved under extraordinary circumstances such as those calling for a special needs trust, and the attorneys and pro se parties are advised to contact the court for guidance in this area before finalizing settlement discussions.
Rule 4019 Discovery
(1) (a) Except in the situations that are covered by subsection (4) hereof, when a dispute arises, during any discovery permitted under the Pennsylvania Rules of Civil Procedure, an aggrieved party shall file with the Prothonotary an original and one copy of a Motion for a Discovery Conference. The Prothonotary shall forward the original discovery conference motion to the Court Administrator's Office for assignment in accordance with Local Rule 208.3(a) and shall retain the copy in the file.
(b) The party filing the motion shall, at the time of filing, serve a copy upon all other parties.
(2) (a) The motion shall be concise and contain the following:
(i) a brief statement identifying the parties and describing the nature of the case;
(ii) a brief statement of the status of any discovery procedure involved;
(iii) a verbatim statement of the discovery sought or objected to;
(iv) an assignment of reasons why the matter sought is discoverable or objected to, and a statement of the relief requested;
(v) a statement identifying all other parties and their counsel, with mailing addresses and telephone numbers, and a statement of the parties' attempt to resolve the dispute;
(vi) if necessary, a request for the suspension of all, or portion of all, discovery until the dispute is resolved;
(b) No briefs will be filed with the motion or thereafter, except as permitted under Rule 4019(3)(b)(ii).
(c) The party filing the motion shall submit therein all discovery disputes then existing between the parties.
(d) Any other party may file an answer to the motion and raise by separate motion, whether an answer is filed or not, any discovery dispute not previously raised.
(3) (a) Upon being filed, the matter shall be assigned to a Judge of this Court for disposition. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the assigned discovery motion to the assigned judge simultaneously with the filing thereof with the Prothonotary.
(b) The Judge to whom the motion is assigned may:
(i) schedule a discovery conference;
(ii) require the filing of briefs;
(iii) require oral argument;
(iv) dismiss the matter if the moving party fails to comply with this rule.
(c) The Judge assigned to conduct the discovery conference shall enter an appropriate order disposing of the issues raised in the motion.
(d) Any order issued pursuant to this Rule shall be entered of record.
(4) Procedure for failure to provide discovery permitted by statute, rule of practice, rule of procedure, or order of court.
(a) WRITTEN DISCOVERY
(1) If a party fails to timely respond to interrogatories or a request for production of documents, and no extension of time has been granted, no motion for a protective order has been granted, or no objection to the written discovery request has been lodged, the party seeking the discovery shall proceed under ONE of the following options:
(a) DISCOVERY CONFERENCE--the aggrieved party may promptly file a Motion for a Discovery Conference in accordance with Local Rule 4019(1), provided that no written Notice of Intention to Seek Sanctions has been sent pursuant to Local Rule 4019(4)(a)(1)(b) as set forth hereafter.
(b) MOTION FOR SANCTIONS--
(i) A written Notice of Intention to Seek Sanctions, specifically (a) referencing this rule, (b) listing the sanctions sought, and (c) where applicable, noting that the Sanctions Hearing Order will require the presence of both the defaulting party(ies) and their counsel at said hearing, unless counsel for the defaulting party(ies) accepts full responsibility for the default, in writing, filed within five calendar days of receipt of the motion, shall be sent to counsel for the defaulting party(ies), if represented, otherwise to the defaulting party(ies), by certified mail, return receipt requested, at least thirty days before filing a Motion for Sanctions.
(ii) If a full and complete discovery response authorized by the Pennsylvania Rules of Civil Procedure is received within said thirty-day notice period, no Motion for Sanctions shall be filed. However, a Discovery Conference can thereafter be sought for any appropriate relief upon motion of any party.
(iii) A Motion for Sanctions shall state the discovery requests alleged to be in default, and the requested appropriate sanctions pursuant to Pa.R.Civ.P. 4019. A written certificate of service of the written Notice of Intention to Seek Sanctions and a copy of the notice shall be attached. If attorneys' fees and expenses are sought, reasonable documentation of time devoted and expenses incurred must be attached to the Motion. Failure to attach such reasonable documentation shall preclude consideration of that form of relief. A concise Answer to the Motion is permitted if filed within ten days of service of a copy of the Motion for Sanctions. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the motion for sanctions to the assigned judge simultaneously with the filing thereof with the Prothonotary.
(iv) The Civil Calendar Judge shall conduct a hearing on the Motion, even if the default that prompted the Motion has been corrected before the hearing date.
(v) Nothing in this section shall prohibit a party(ies), who is having difficulty in complying with a discovery request, from requesting a Discovery Conference with the Court by filing a Motion for Discovery Conference before a Notice of the Intention to Seek Sanctions is sent by the requesting party(ies).
(b) DEPOSITIONS
(1) When a party or nonparty fails to appear for a duly noticed deposition, and no Protective Order has been obtained, a Motion for Sanctions may be filed immediately and without further notice. However, it shall be the firm responsibility of the party seeking sanctions to ensure, to a certainty, that actual notice of the deposition was personally served on the person failing to appear.
These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
RICHARD A. LEWIS,
President Judge
[Pa.B. Doc. No. 06-140. Filed for public inspection January 27, 2006, 9:00 a.m.]
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