THE COURTS
Title 252--ALLEGHENY COUNTY RULES
Rules of the Court of Common Pleas; No. 1 of 2006; Rules Docket
[36 Pa.B. 6633]
[Saturday, November 4, 2006]
Order of Court And Now, to-wit, this 17th day of October, 2006, by vote of the Board of Judges on October 4, 2006, it is hereby Ordered and Decreed that all existing Allegheny County Civil and Family Court Rules are rescinded and the following Civil and Family Court Rules are adopted.
This Order is promulgated in accordance with Pa.R.C.P. No. 239 and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. This Order shall be filed with the Prothonotary of Allegheny County in the Rules Docket, and copies submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil and Family Court Procedural Rules Committee.
JOSEPH M. JAMES,
President Judge
ALLEGHENY COUNTY
CIVIL AND FAMILY COURT RULESLocal Rule 1 Structure of the Court of Common Pleas of Allegheny County.
(1) The Court of Common Pleas of Allegheny County consists of the following divisions:
(a) Civil Division: which includes General Docket (''GD''), Arbitration (''AR''), Landlord-Tenant (''LT'') and Property Assessments (''BV'').
(b) Family Division, which includes the Adult and Juvenile Court sections;
(c) Orphans' Court Division; and
(d) Criminal Division.
(2) Each Division of the Court is managed by an Administrative Judge, who is appointed by the Supreme Court of Pennsylvania.
(3) The Office of the Clerk of the Court of Common Pleas (as defined at 42 Pa.C.S. § 2701 et seq.) includes three county officials:
(a) Prothonotary, who serves the Civil Division (which is divided into sections for General Docket and Arbitration matters) and the Family Division;
(b) Register of Wills, who is also the Clerk of Court of the Orphans' Court Division; and
(c) Clerk of Court of the Criminal Division.
Local Rule 2 Notice by Publication.
(1) In all actions where notice is required to be given by advertisement in a newspaper, proof of publication shall be made by the affidavit of the owner, publisher or the designated agent thereof and filed of record before the entering of any final order, decree or judgment.
(2) The Pittsburgh Legal Journal is designated as the newspaper of this Court for the publication of legal notices. All notices which are required to be advertised in a newspaper shall also be advertised in the Pittsburgh Legal Journal.
Local Rule 3 Money Deposited in Court.
(1) Any officer or person distributing money in proceedings in this Court shall have the docket in the proper office receipted, or shall have received an acknowledged receipt and release for such sums paid.
(2) Except as hereinafter provided, all money deposited with the Prothonotary shall be deposited by the Prothonotary in an institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. All deposits with the Prothonotary in excess of Five Thousand Dollars ($5,000.00) shall be deposited by the Prothonotary in interest-bearing accounts, or may be invested in United States Government obligations or United States Government guaranteed obligations.
(3) All interest accrued on deposits, other than deposits of costs, made for a period of three (3) months or more in excess of Five Thousand Dollars ($5,000.00) shall be paid to the party or parties ultimately determined to be entitled to the fund.
(4) All accrued interest not distributed pursuant to subdivision (3) of this local rule shall be paid to the county treasurer.
(5) The Prothonotary shall charge for the benefit of the county a commission equal to one-half of one percent (0.5%) on all deposits of less than One Thousand Dollars ($1,000.00) and one-fourth of one percent (0.25%) on all deposits and interest accrued on deposits of One Thousand Dollars ($1,000.00) or more.
(6) The Prothonotary shall maintain a record of all moneys deposited, and paid out, setting forth the names of the parties from whom the money was received and to whom the money was paid, and the commissions charged pursuant to subdivision (5) of this rule.
Local Rule 76 Definitions.
''Board of Judges'' shall mean all members of the Court, excluding Senior Judges.
''Court'' shall mean all divisions of the Court of Common Pleas of Allegheny County.
''Local Rule'' shall mean any rule regulating practice or procedure promulgated by the Court of Common Pleas of Allegheny County pursuant to Section 323 of the Judicial Code (42 Pa.C.S. § 323).
Local Rule 105 Bonds.
(1) Bonds--Property.
All bonds, bail and security except those of approved surety companies, shall have endorsed or attached an affidavit showing the value of the property given as surety, and the liens upon it. The affidavit shall state whether the same property has been used as security for any other purpose and, if so, all details. The person liable for the debt shall not be qualified to act as surety for himself or herself.
(2) Bonds--Corporate Surety.
No corporation may act as sole surety or guarantor on bonds or undertakings in this Court unless it has been approved by the Orphans' Court Division of this Court.
(3) Bonds--Prohibited Sureties.
No attorney, Sheriff, Prothonotary, their deputies or Court personnel shall be admitted as surety in any action.
Local Rule 198 Actions Between Family Members.
(1) All cases between spouses, former spouses, or persons living as spouses shall be filed in the Family Division. Cases between other family members shall be filed in the Civil Division.
(2) The Administrative Judge of the Division in which a case is filed has the authority, in consultation with the other Administrative Judge, to transfer a case to the other Division.
Local Rule 200 Representation by an Attorney.
(1) Individuals may represent themselves or be represented by an attorney.
(2) Except as otherwise provided by subdivision (3), a corporation, partnership and unincorporated association must be represented by an attorney.
(3) A corporation, partnership or unincorporated association may be represented by an officer or by a partner in the following actions:
(a) a civil action brought in or appealed to this Court in which the relief sought is monetary damages which do not exceed the jurisdictional limit for an action before a Magisterial District Judge.
(b) an appeal from a judgment entered in a Magisterial District Judge Court in an action for the recovery of the possession of real property.
Note: A corporation must be represented by an attorney regardless of the amount in controversy if the lawsuit involves a dispute between shareholders or officers of the same corporation.
Note: See the opinion of Strassburger, J. in Hammond Press, Inc. v. Verzinskie, AR02-000702 (C.P. Allegheny 5/6/03).
Local Rule 205.4 Electronic Filing and Service of Legal Papers in Allegheny County.
(1) Except as otherwise provided by subsection (2) of this rule, parties may file legal papers, including original process, with the Prothonotary by means of electronic filing in any civil action or proceeding at law or in equity brought in or appealed to the court, including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923. Parties may also file with the Prothonotary by means of electronic filing the following matters:
Allegheny County Bar Association
Fee Dispute Judgment
Annual Audit
Appeal from Compulsory Arbitration Board
Assurance of Voluntary Compliance
Bond of Tax Collector
Cemetery Report
Commercial Broker Lien
Commonwealth Tax Lien
Condominium Lien
Declaration of Covenant Lien
Environmental Resources Lien
Federal Judgment Lien
Foreign Execution
Foreign Judgment
Foreign Judgment/Execution
Foreign State Tax Lien
Health Department Judgment
Housing Court Judgment
Judgment Roll
Liens/Scire Facias
Magisterial District Judge Transcript
Mechanics' Lien
Municipal Lien
No Lien Agreement
Oath of Office
Orphans' Court Judgment
Pennsylvania Agency Judgment
Pension Benefit Lien
PHEAA Judgment
Planned Community Lien
Scire Facias sur Municipal Lien
Scire Facias sur Tax Lien
Tax Collector Report
Unemployment Compensation Lien
Workers' Compensation JudgmentNote: A ''legal paper'' within the meaning of the first sentence of subsection (1) means a pleading or other paper filed in any civil action or proceeding at law or in equity.
Note: For electronic filing of legal papers relating to any action governed by Pa.R.C.P. 1901--1940.9, Family Law and Domestic Relations Matters, see Local Rule 1930.1.
(2) The following legal papers may not be filed with the Prothonotary by means of electronic filing:
(a) A notice of appeal or other legal paper, the filing of which is prescribed by the Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges.
Note: The legal papers described in subsection (2)(a) cannot be filed through electronic filing. See Pa.R.C.P. 205.4(a)(2).
(b) In General Docket cases, (i) preliminary objections, (ii) motions for judgment on the pleadings, or (iii) motions for summary judgment.
Note: The matters described in subsection (2)(b) are excluded from electronic filing because at this time it is not feasible to alter the existing procedure under which these matters are presented to the Chief Motions Clerk or Calendar Control for scheduling prior to filing in the Office of the Prothonotary.
(c) In compulsory arbitration cases, (i) preliminary objections, (ii) petitions, or (iii) motions.
Note: The matters described in subsection (2)(c) are excluded from electronic filing because of the practice of furnishing an argument date to the party filing the matter at the time of the filing.
(d) The following matters:
Amicable Ejectments
Confession of Judgments
Exemplification of Records
Petition for Name ChangeNote: At this time, it is not feasible for the Prothonotary to receive through electronic filing the matters described in subsection (2)(d).
(3) The filing party shall maintain the original hard copy of any legal paper that is electronically filed.
(4) The Prothonotary shall provide electronic access at all times. The time and date of the filing and receipt shall be that registered by the Prothonotary's computer system.
(5) The web site address of the Prothonotary is as follows: prothonotary.county.allegheny.pa.us (no www. and no .com).
(6) Access to the web site shall be available to an attorney by use of the attorney's Supreme Court identification number issued by the Court Administrator of Pennsylvania. Access is also available to any other user by the user selecting any numbers or letters that the user wishes to use as an identification number.
(7) The Prothonotary shall maintain an electronic and a hard copy file for the legal papers described in the first sentence of section (1). The Prothonotary is not required to maintain a hard copy file for the legal papers described in the second sentence of section (1).
(8) The procedures for payment of the fees and costs of the Prothonotary shall be set forth on the Prothonotary's website.
(9) The Prothonotary shall provide a filing status message to the filing party setting forth the date of and time of acceptance of the filing or the fact that the filing has not been accepted. A legal paper is not considered filed if the Prothonotary responds to the filing by notifying the filing party that the filing party has not (i) maintained sufficient funds to pay the fees and costs described in subsection (8) or (ii) authorized payment by credit or debit card of these fees and costs.
Note: A filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the Prothonotary. See Pa.R.C.P. 205.4(e)(2). One of the risks is that the Prothonotary either correctly or incorrectly determines that the filing party has not met its obligation for payment of the necessary fees and costs.
Local Rule 212.1 Pre-Trial Procedure for All Actions in the Civil Division of the Court of Common Pleas of Allegheny County. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.
(1) Pa.R.C.P. 212.1 through 212.3 and Local Rules 212.1 through 212.3 apply to all civil actions, both jury and non-jury, to be tried in the Civil Division, with the exception of appeals from Compulsory Arbitration.
(2) Definitions.
In these rules, the following words shall have the following meanings:
(a) ''pre-trial conference''--a conference scheduled by the Court in accordance with Pa.R.C.P. 212.3 in which, in addition to matters set forth in Pa.R.C.P. 212.3, the Court shall:
(i) determine whether the parties have complied with this local rule; and
(ii) attempt an amicable settlement of the case.
(b) ''Conciliating Judge''--the Judge assigned to conduct the pre-trial conference.
(3) Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.
Notices required by Pa.R.C.P. 212.1 shall be given by publication in the Pittsburgh Legal Journal, and notice shall be provided to unrepresented parties and to those out-of-county counsel identified in paragraph 6 of the Praecipe to Place the Case at Issue (see FORM 214, Local Rule 214(1)(b)).
Note: As soon as there is a published trial list, trial dates appear as docket entries in each individual case on the trial list. Docket entries are available online at: prothonotary.county.allegheny.pa.us (www. and no .com). Additionally, published trial lists are also available on the Civil Division's website at: www.alleghenycourts.us.
Local Rule 212.2 Pre-Trial Statement.
Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa.R.C.P. 212.2.
Note: The deadline for each party to file and serve its pre-trial statement is published with the trial list in the Pittsburgh Legal Journal. Generally, Plaintiffs are required to fulfill the requirements of Pa.R.C.P. 212.2 forty-five (45) days prior to the commencement of the trial term in which the case is listed, and all other parties are required to fulfill the requirements of Pa.R.C.P. 212.2 thirty (30) days prior to the commencement of the trial term in which the case is listed.
Local Rule 212.3 Conduct of Pre-Trial Conference.
(1) The conduct of the pre-trial conference shall be in conformity with Pa.R.C.P. 212.3.
(2) Notice of the time, date and Conciliating Judge for the pre-trial conference shall be provided by publication in the Pittsburgh Legal Journal, and notice shall be provided to unrepresented parties and to those out-of-county counsel who submitted notice of their address to the Calendar Control section of the Civil Division at the time the case was placed at issue.
Note: The dates and times of pre-trial conciliations are also available on the Civil Division's website at: www.alleghenycourts.us.
(3) Any application for rescheduling a pre-trial conference shall be addressed to the Conciliating Judge before whom the pre-trial conference is scheduled.
Note: See Local Rule 214(5)(f) regarding petitions to continue the trial of cases on the General Docket.
(4) Unless excused by the Conciliating Judge, each party with a financial interest and each non-party with a financial interest (such as insurers) shall be present with full authority to settle the case. However, parties without a financial interest need not attend.
(5) The Judge presiding at the pre-trial conference may impose such sanctions as are deemed appropriate against counsel and/or the party(ies) for failure to comply with this rule.
Note: Pre-trial conferences and other pre-trial procedures in cases assigned for trial to a particular Judge may be conducted according to the procedures directed by that Judge.
Local Rule 213 Petitions for Consolidation. Survival Actions.
(1) Petitions for Consolidation shall bear the captions of each case as to which consolidation is requested, including all issue numbers.
(2) At the time of presentation of a petition for consolidation of cases, counsel shall bring sufficient copies of the petition, so that there will be one copy of the petition for the Court file of every case as to which consolidation is requested.
(3) Transfer and consolidation of survival actions and related wrongful death actions are governed by Pa.R.C.P. 213.
Note: As to settlement of survival actions, see Local Rule 2206 and Orphans' Court Local Rule 12.16F.
Local Rule 214 Issue Docket, Trial Lists and Trials.
(1) Issue Docket--General Docket (''GD'') Cases.
(a) After the expiration of sixty (60) days from the date of service of the original complaint upon each defendant, and after all of the pleadings in a case are closed, any of the parties may file a praecipe to place the case at issue, thereby signifying that the case is ready to be listed for trial. The Praecipe to Place the Case at Issue shall be in the same form as FORM 214 (see subsection (b) below). Cases placed at issue receive consecutive numbers (''issue numbers'') which are used to track the placement of cases on a trial list. After an issue number is assigned to a case, it shall be included on the caption and cover sheet of all subsequent filings. The Prothonotary shall keep an issue docket of cases placed at issue. The Calendar Control Office of the Court of Common Pleas shall create the civil trial lists from those cases which have been placed at issue.
Note: The Court has provided a mandatory form of Praecipe to Place Case at Issue, FORM 214 (see subsection (b) below), which requires that counsel provide the Court with certain information regarding the case, to facilitate the orderly assembly of trial lists.
Note: See Local Rule 4003.5(7)(a) regarding priority on trial lists for professional liability and product liability cases which meet certain criteria. The form to be used to obtain priority placement on trial lists for such cases is found at FORM 4003.5D at Local Rule 4003.5(10)(d). This form is filed, at the appropriate time, in addition to the Praecipe To Place Case At Issue.
(b)
FORM 214 Form of Praecipe to Place Case at Issue
[CASE CAPTION, INCLUDING DOCKET NUMBER]
PRAECIPE TO PLACE CASE AT ISSUE The undersigned party hereby certifies the accuracy of the following information to the Court, and requests that the Prothonotary assign an issue number to this case, list this case on the issue docket, and place it in order on the next available trial list:
1. At least sixty days have passed since the service of the original complaint on all defendants.
2. All pleadings have been filed.
3. All preliminary motions and objections have been disposed of.
4. There are ____ plaintiffs and ____ defendants remaining in the case. Plaintiffs remaining in the case, and their counsel, are: [list the parties and their counsel]. Defendants who have actually been served and who remain in the case, and their counsel, are: [list the parties and their counsel].
5. According to documents filed in the case, the following parties are not presently represented by counsel and should be provided with notice of earliest trial date pursuant to Local Rule 212.1(3) at the following addresses: [list unrepresented parties and their mailing addresses].
Alternative 5. According to documents filed in the case, there are no unrepresented parties in this case at this time.
6. According to documents filed in the case, the following parties are presently represented only by out-of-county counsel. Such counsel should be provided with notice of earliest trial date pursuant to Local Rule 212.1(3): [list party, their out-of-county counsel, and counsel's mailing address].
Alternative 6. According to documents filed in the case, there are no parties in this case who are represented only by out-of-county counsel.
7. I estimate that the following number of days will be required for the trial of this case, including the time required for jury selection, closing arguments and charge:
[ ]No more than 1 trial day
[ ]2 to 3 trial days
[ ]4 to 6 trial days
[ ]7 to 10 trial days
[ ]11 to 15 trial days
[ ]More than 15 trial days
8. A jury trial has/has not [circle one] been requested in this case.
9. If this is a civil action that raises only claims for equitable relief, see Local Rule 1001 and FORM 1001 at Local Rule 1001(3).
Respectfully submitted,
Dated: ______ By: _________________
[Identification of pro se party or counsel]
[Address and telephone number of pro se party or counsel](2) Exceptions to Issue Docket.
The following types of cases need not be placed at issue or otherwise certified ready for trial:
(a) cases pending on the Compulsory Arbitration docket (AR) and (LT);
(b) appeals from Compulsory Arbitration;
(c) cases originally filed in the general docket (GD) and transferred to Compulsory Arbitration; and
(d) cases in which a new trial has been granted by either the court of original or appellate jurisdiction.
Note: In cases in which a new trial has been granted, prompt written notice of the granting of such relief should be given by plaintiff to the Calendar Control Office of the Civil Division.
(3) Removal From The Issue Docket.
Cases which have been stricken from the issue docket shall receive new issue numbers after full compliance with this local rule and the filing of a subsequent Praecipe to Place Case at Issue.
(4) Trial Terms.
Civil Division trial terms are generally scheduled for five or six week periods commencing each January, March, May, September and November.
(5) Trial Lists. Call of The List. Date of Trial.
(a) Initial Publication of Trial Lists. The trial dates for each term and the cases scheduled to be tried during that term are published approximately one hundred and twenty (180) days prior to the beginning of each of the trial terms in the Pittsburgh Legal Journal. It shall be the responsibility of in-county counsel to monitor the Pittsburgh Legal Journal for the initial listing of a case on a trial list. Publication of trial lists in the Pittsburgh Legal Journal is the only form of notice given to in-county counsel of the listing of a case for trial. Unrepresented parties and out-of-county counsel who submit notice of their address to the Calendar Control Office of the Civil Division (see Local Rule 212.1(3)) are mailed a notice of earliest trial date.
Note: As soon as there is a published trial list, trial dates appear as docket entries in each individual case on the trial list. Docket entries are available online at: prothonotary.county.allegheny.pa.us (no www. and no .com). Additionally, published trial lists are also available on the Civil Division's website at: www.alleghenycourts.us.
(b) Pre-trial Discovery Deadlines. Deadlines for the completion of discovery are published with the trial list in the Pittsburgh Legal Journal. Any party initiating discovery must do so within such time as to permit the responding party the full time allowed for response by the Pennsylvania Rules of Civil Procedure, so that the response may be served on or before the date set for completion of discovery.
Note: Generally, discovery is required to be completed sixty (60) days prior to the commencement of the trial term in which the case is listed for trial.
(c) Call of the List. Each day during the trial term at 9:00 a.m., the Calendar Control Judge calls the daily trial list. Counsel for each party in each case listed for the first time on that date shall appear at said time, personally or through a representative, and shall advise the Court, when the case is called:
* whether counsel for each party is ready for trial (each party, in turn, advises the court);
* the expected time required to try the case; and/or
* of any settlements which have occurred.
Counsel shall be prepared to commence trial on and after the date of the Call of the List. Counsel shall be prepared to engage in conciliation immediately after the Call of the List, or at such other time as the Court may thereafter direct. Cases not commenced on the date listed will be called again the following day and each day thereafter, until the case is commenced, removed from the list by motion or settlement, or the trial term ends. Cases not commenced during the trial term are placed on a future trial list.
(d) Daily Publication of Updated Trial List. During each trial term, daily trial lists, updated to reflect settlements, continuances, cases called for trial, or other dispositions of cases, are published daily in the Pittsburgh Legal Journal. It is the responsibility of all parties to monitor the status of their cases on the updated trial list. Written notice of updates will not be sent.
Note: Updated trial lists are also available on the Civil Division website at: www.alleghenycourts.us.
(e) Date of Trial. The dates for which cases are listed for trial are intended to serve as close estimates as to when each case will be reached for trial.
(f) Trial Policy.
(i) When the list of cases is first published, trial counsel must ascertain the readiness of their cases as to bills, reports, etc. and the availability of witnesses, doctors, experts, etc. involved in the case.
(ii) When it is ascertained that any person necessary for the trial of the case may not be available during the trial term, the deposition of that person for use at trial must be taken forthwith.
(iii) Requests for continuances or adjustments of the trial date should be made as soon as possible after the initial publication of the trial list. Last-minute requests for continuances ordinarily will not be granted to accommodate counsel, clients or witnesses for business trips, vacations or any absence during trial terms or for failure to comply with any of the trial policy rules.
(iv) Counsel, as listed for the case, must be available and ready to try the case at the time it is called.
(v) If listed counsel are not available, absent compelling reasons, substitute counsel must be available.
(vi) A law firm not having sufficient trial counsel may be required to obtain substitute trial counsel.
(vii) If listed counsel is not available and no substitute counsel is provided, the case will proceed without counsel.
(viii) When called to select a jury, unless excused by the Court, counsel must appear within fifteen (15) minutes; if not present when so called, a clerk will select the jury and the case will be ordered to trial notwithstanding the absence of counsel.
(ix) The trial policy rules will be applied regardless of the directions or desires of clients.
Note: As to motions relating to cases appearing on a published trial list, see Local Rule 208.3(a)(3) regarding the Calendar Control Judge. As to pre-trial statements, see Local Rule 212.2.
(6) Exception to Trial Lists. Cases which have been assigned to an individual judge do not appear on a trial list; rather, such cases proceed to trial as ordered by the individual assigned judge.Local Rule 220.1 Voir Dire.
Local Rule 220.1 Voir Dire
In all civil actions to be tried before a jury, the following questions (except those which all parties shall agree in advance to strike as inappropriate for the type of case involved) shall be propounded by an Assignment Room Clerk, in the presence of all counsel, to the members of the panel:
(a) TO BE ADDRESSED TO THE GROUP:
1) The attorneys in this lawsuit and their law firms are
_________________
ATTORNEY FOR PLAINTIFF
______
LAW FIRM_________________
ATTORNEY FOR DEFENDANT______
LAW FIRMHave you had any social, business or professional contact with any of these attorneys or their law firms?
2) The parties in this lawsuit are ______ vs. ______ .
Do any of you know or have you had any social, business or professional contact or employment with any of the parties, or are any of you stockholders in _____ [name of company(ies)])?
3) This lawsuit concerns _____ .
(description which clues the jury panel to the type of case--products liability, medical, fall down, construction, contract, etc.--along with a time period or date and a place if applicable).
Does anyone know anything about this case?
4) Have you or any members of your family ever worked for, been served by, treated by or had any professional or social association with the following:
(Name all party professionals and experts)
(b) TO BE ASKED INDIVIDUALLY
We will begin interrogation. Juror #1, will you please step forward.
5) State your name please.
6) Are you known by any other name?
7) What area are you from?
8) What is the date and place of your birth?
9) What occupations and employers have you had during your adult life? (If unemployed or retired, what was your previous occupation?)
10) What is the extent of your formal education? If college--do you have a degree/in what field?
11) Are you single, married, divorced, separated or widowed?
a) (If married) What is your spouse's name?
b) What occupations and employers has your spouse had?
12) Do you have children? If so,
a) How many and what are their ages?
b) (If any child over 18) What occupation(s) and employers have your children had?
13) Does anyone else live with you at your home? If so,
a) What are their names?
b) What occupation(s) and employers has such person had? (If any one of them is unemployed or retired, what was their prior occupation?)
14) Do you have brothers and sisters? If so, what occupations and employers have they had?
15) Have you or any member of your family ever been involved as a party or a witness in a lawsuit or court action? If so,
a) Who was involved?
b) What was the nature of the lawsuit?
c) Were you or your family member the plaintiff or defendant?
d) What was the outcome?
16) Have you ever been a defendant or a witness in a criminal case?
a) How so?
b) What was the outcome of the case?
17) Do either you, any member of your immediate family or anyone with whom you reside have a business relationship, friendship or association with any person who is a law enforcement officer, a judge, a lawyer or a person who works or is affiliated with the Court system?
a) If so, please explain.
b) Will that influence your judgment in this case so that you may not be able to be fair and impartial?
18) Have either you, your spouse or your parents, children, brothers or sisters ever worked in the insurance industry or have any of you owned stock in an insurance company?
a) If so, please explain.
b) Will that influence your judgment in this case so that you may not be able to be fair and impartial?
19) Are you a licensed driver of a motor vehicle?
20) Do you have any physical or mental condition that might affect your ability to serve as a juror? If so, please explain.
21) Based on anything you may have heard or read, do you have a belief or opinion about civil damage lawsuit?
a) If so, what is that opinion or belief?
b) Will that influence your judgment in this case so that you may not be able to be fair and impartial?
22) This case involves a claim for money damages and is the type commonly called a ______ (products liability; medical malpractice; auto accident; breach of contract; etc.) lawsuit.
a) Do you have an opinion or a belief for or against this type of case, the people who file this type of case, or the persons who are sued in this type of case?
b) If so, what is that opinion or belief?
c) Will that influence your judgment in this case so that you may not be able to be fair and impartial?
23) Is there any reason why you feel you cannot serve as a fair and impartial juror in this case?
(c) Parties may submit up to three (3) proposed additional voir dire questions. If all parties agree to the questions, they shall be submitted to the Calendar Control Judge for approval or disapproval. If all parties cannot agree, then proposed voir dire questions shall be submitted to all other parties three (3) days prior to submitting them to the Calendar Control Judge for approval or disapproval.
Local Rule 227.1 Post-Trial Motions. Filing of Appeals. Request for Transcript, Certification and Waiver Forms.
(1) Post-Trial Motions.
(a) Post-Trial Motions shall be filed in the Office of the Prothonotary and a copy shall be delivered to the Trial Judge. Argument shall be scheduled by the Trial Judge without praecipe.
(b) On all Motions for Post-Trial Relief, only those portions of the testimony relating to the questions raised need be transcribed. If counsel cannot agree on the evidence to be transcribed, the matter may be submitted to the Trial Judge. The reporter shall arrange the transcript so that omitted portions may be inserted in the event this becomes necessary. A moving party desiring to rely wholly or in part on a transcript of the testimony or on the charge of the Court shall file in the Office of the Prothonotary a certificate from the court reporter, stating that the testimony relied upon or the charge has been ordered and is being transcribed. Such certificate shall be filed within a period of ten days from the filing of the Motion for Post-Trial Relief. Upon failure to file such certificate within the time prescribed, it shall be conclusively presumed a transcript of said testimony is not necessary and is waived.
(c) Unless accompanied by an affidavit stating the names of all witnesses expected to testify, and the substance of the testimony they are expected to offer, no Motion for a New Trial will be entertained on the grounds of after-discovered evidence.
(d) Upon the filing of any Motion for Post-Trial Relief, the Court may, on its own motion or on the motion of any interested party, hold a post-trial hearing and/or conciliation.
Note: See Pa.R.C.P. 106 regarding computation of time and Local Rule 252 regarding video records.
(2) Appeals.
When filing documents necessary to effectuate an appeal of a Civil Division matter in accordance with the Pennsylvania Rules of Appellate Procedure and specifically Pa.R.A.P. 905 and 906, filings with this Court are made in the appropriate office of the Clerk of Court of Common Pleas as follows:
* If appeal is being taken from a matter which is pending in the Civil Division, including General Docket (''GD'') or Arbitration (''AR''), documents are filed with the Prothonotary;
* If appeal is being taken from a matter which is pending in the Family Division, documents are filed with the Prothonotary; and
* If appeal is being taken from a matter which is pending in the Orphan's Court Division, documents are filed with the Register of Wills.
(a) Filing and Request for Transcript, Certification and Waiver Form.
(i) At the time of filing a Notice of Appeal in the Court of Common Pleas, and pursuant to Pa.R.A.P. 906, whether or not a transcript or waiver has already been filed, the appellant shall attach to all copies of the Notice of Appeal a copy of the completed and acknowledged Request for Transcript, Certification and Waiver, FORM 227.1A (see subsection (d)(i) below) (which is available at the office of the Manager of Court Reporters).
(ii) The Request for Transcript, Certification and Waiver must be completed by the party placing the order, signed by a Judge, if required by Pa.R.A.P. 1922(b), and delivered to the Manager of the Court Reporters to place an order for a transcript for any purpose.
(iii) FORM 227.1A also shall be prepared and filed to demonstrate waiver of a transcript or portion thereof in connection with an appeal.
(iv) The Manager of Court Reporters shall insert the date the Request form is received and shall acknowledge said receipt by signature.
(v) A copy of the form, as acknowledged by the Manager of Court Reporters, shall be satisfactory proof of a transcript order or waiver.
(vi) When a transcript is ordered, the Manager of Court Reporters shall obtain the signature of the court reporter and distribute copies of the Request form to the designated persons.
(b) Notice of Proof of Filing or Delivery of the Transcript.
(i) The Notice of Proof of Filing or Delivery of the Transcript (FORM 227.1B) (see subsection (d)(ii) below) shall be filed with the Prothonotary, a copy faxed to the judge's chambers, and distributed to the designated persons by the Manager of the Court Reporters.
(ii) If a requisite transcript or portion thereof has already been filed with the Prothonotary, a photocopy of the Request for Transcript, Certification and Waiver (FORM 227.1A) and the Notice of Proof of Filing or Delivery of the Transcript (FORM 227.1B) may be attached to the Notice of Appeal.
(c) Transcripts of testimony may not be photocopied.
(d) Forms
(i)
FORM 227.1A Request for Transcript, Certification and Waiver
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
______ Civil Division ______ Case No.: ______ _________________
Request for Transcript, Certification and Waiver
Plaintiff
Nature of Proceeding: ____ v. Date: __________ ______ Court Reporter: __________ ______ Judge: __________
______ Order Waive ______
DefendantComplete Proceeding __ __ Defendant __ __ Plaintiff's Case __ __ Defendant's Case __ __ Charge __ __ Requested by: Closing Argument __ __ Other __ __ ______ ______ Telephone: ______ _________________ Signature of Judge if less than entire
transcript is ordered
Pa.R.A.P. 1922(b)Copies: Judge/Prothonotary/Manager of Court Reporters/Attorney/Other
DEPOSIT RECEIVED ______
CASH _____ CHECK # _____ AMOUNT _____
(ii)
FORM 227.1B Notice of Proof of Filing or Delivery of the Transcript
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
______ Civil Division ______ Case No.: ______ ______ ______
NOTICE OF PROOF OF FILING OR DELIVERY OF THE TRANSCRIPT
Proceeding: ______ Complete Case ______ Plaintiff's Case ______ Date: ______ Defendant's Case ______ Charge ______ Judge: ______ Closing Argument ______ Other ______ I hereby certify that I have filed and/or delivered the above-described transcript with/to the following:
Date Signature
Prothonotary ______ ______ Attorney ______ ______ Court Reporter If no objections are made to the text of the transcript within five (5) days after such notice, the transcript will become part of the record.
Copies: Judge/Prothonotary/Manager of Court Re- porters/Attorney/Other
Note: See Local Rule 252 regarding video records.
Local Rule 234.1 Subpoena.
(1) The copy of any subpoena (the original of which issued from this Court) left with a witness who has been subpoenaed shall have endorsed on said copy the caption, the number and term of the case, and the name, office address and telephone number of the attorney causing the subpoena to be issued and served.
(2) The original subpoena shall be filed in the Prothonotary's office with return of service.
(3) Subpoenas requiring production of hospital records shall not be deemed to apply to x-rays or other data not strictly a part of a hospital record unless they are specifically requested in the subpoena.
Local Rule 237.1 Entry of Default Judgment, Military Service.
In all cases in which a party to an action has appeared but subsequently defaults, before any decree or judgment shall be entered, the opposing party shall file an affidavit stating that the defaulting party is not in the military service of the United States, or if the information is not available, the affidavit shall state what efforts have been made to obtain the facts.
Note: This local rule is mandated by the ''Servicemembers Civil Relief Act,'' Title 50 App. U.S.C. Section 501 et seq.
Local Rule 239 Local Rules.
(1) Adoption of Local Rules.
(a) In the absence of special circumstances, the Administrative Judge of the Civil Division shall notify the Allegheny County Bar Association Court Rules Committee of any proposed local rule change, to solicit comments and input regarding the proposed local rule change.
(b) No local rule shall be adopted, amended or repealed except by a majority vote of the members of the Court present at a regular or special meeting of the Board of Judges. Action on proposed local rule changes may be taken by the Board of Judges only if the members of the Board of Judges have received at least seventy-two hours' notice of the proposed rule change.
(c) Every local rule shall be promulgated in accordance with these procedures.
(2) Construction of Local Rules.
All rules of construction adopted by the Supreme Court of Pennsylvania shall apply to local rules adopted by the Court of Common Pleas of Allegheny County, Pennsylvania. Without limiting the generality of the foregoing, definitions contained in Pa.R.C.P. 76 shall apply to all local rules heretofore and hereafter adopted which govern procedure in the Civil Division and in the Family Division.
(3) Citation to Local Rules.
These Rules may be known as the ''Allegheny County Local Rules.'' Citations to these rules shall be: ''Allegheny County Local Rule _____ .''
Local Rule 240 In Forma Pauperis.
(1) A party seeking in forma pauperis status shall apply to the Court for such status. The application shall include as an attachment the party's affidavit demonstrating inability to pay the costs of litigation.
Note: See affidavit form in Pa.R.C.P. 240. Application forms for pro se litigants are available in the office of the Prothonotary.
Note: For presentation to the Court, see Local Rule 208.3(a)(4).
Note: For indigent divorce cases, see Local Rule 1920.62.
(2) Counsel employed by or affiliated with Neighborhood Legal Services are authorized to file a praecipe for in forma pauperis status.
(3) The Prothonotary shall accept for filing by a party, a praecipe as provided by Pa.R.C.P. 240, or an application under this rule, without charge to the party.
Local Rule 249 Special Assignments Among Judges. Complex Case Judge. Asbestos Judge. Class Action Judge. Elections Judge. Real Estate Tax Appeals Judge. Zoning.
(1) Complex Case Judge.
(a) Applications for designation of cases as complex, other than class actions and asbestos cases, shall be presented to the Complex Case Judge.
(b) A case may be considered complex when the case cannot be tried within ten days, when there are complex questions of law and fact or when the orderly administration of justice requires that the case be assigned to a single judge.
(c) Asbestos cases shall always be assigned to the Asbestos Judge and may not be designated as complex. If a complex case is also a class action, in the absence of an order from the Administrative Judge to the contrary, it shall be assigned to the Class Action Judge.
(2) Asbestos Judge.
Actions for personal injury or property damage caused by asbestos, upon filing shall be assigned to the Asbestos Judge, prior to the case being assigned to a general trial list.
(3) Class Action Judge.
Class action cases, upon filing, shall be assigned to the Class Action Judge in accordance with Pa.R.C.P. 1701 et seq.
(4) Elections Judge.
Except with respect to matters of an emergency nature arising on an election day, actions relating to elections, upon filing, shall be assigned to the Elections Judge.
Note: See Local Rule 501 regarding Election Day Judges.
(5) Real Estate Tax Appeals Judge.
Real estate tax assessment appeals and real estate tax exemption appeals shall be assigned to the Real Estate Tax Appeals Judge.
(6) Zoning.
Zoning appeals shall be assigned to the Zoning Appeals Judge.
(7) Assignment of Certain Actions Seeking Equitable Relief to Individual Judge.
The placing of a case at issue involving only claims for equitable relief, Quiet Title, Quo Warranto and Mandamus results in assignment to an individual judge.
(8) Discretionary Assignment of Cases to An Individual Judge.
At the discretion of the Administrative Judge or the Calendar Control Judge, in the interests of efficiency and justice, the Court may assign cases to individual judges for any purpose, including pre-trial proceedings and trial.
Local Rule 252 Rule Authorizing and Providing for the Use of Video Records.
(1) Use by Court.
(a) Authorization: The Judges of the Court of Common Pleas shall be authorized to use a Video Recording System to provide for the preservation of the official proceedings.
(b) Responsibilities: Any Judge using a Video Recording System shall designate operational and functional responsibilities of the system to members of that Judge's staff. Policies and procedures for using the system shall be developed and adopted by the Court and shall provide for the integrity of the video record.
(c) Parties: Parties taking part in proceedings where a Video Recording System is being used shall adhere to the policies and procedures authorized in section (1)(b) of this local rule and adopted by the Court.
(2) Video Records.
(a) Scope: The provisions of this local rule shall apply to any proceedings presided over by a Court of Common Pleas Judge in which the official record is the video of the proceedings. The official video shall be produced, retained and distributed pursuant to the following sections:
(i) Video Recordings: Two video recordings shall be made of each Court proceedings unless otherwise directed by the Court. The records shall be made simultaneously, and the videos resulting from the records shall serve as the official record of the Court proceedings. These tapes shall be labeled and hereinafter referred to as the ''A'' and ''B'' recordings.
(ii) Custody of Videos: Both the ''A'' and ''B'' recordings shall be deemed the property of the Court and shall be retained in accordance with adopted storage guidelines. The ''A'' recording shall be filed with the Prothonotary of the Court of Common Pleas and maintained as the official record. The ''B'' recording shall be retained by Court staff designated with such responsibility and shall be used in the production of transcripts as set forth in ''Transcription of the Video Record'' section below.
(iii) Identification: For identification purposes, personnel assigned video responsibilities within the courtroom shall designate on each of the two video recordings the Judicial District, Judge's name, the case file number and caption, the date of the recording, a number that uniquely identifies the recording and either the letter ''A'' if the video is recorded from the first video recording deck or the letter ''B'' if recorded from the second video deck.
In the event several short matters related to different cases are recorded on one video, Court personnel may modify this requirement according to procedures developed in consultation with the Prothonotary. A label designed and printed by the Administrative Office of the Allegheny County Courts for use with videos shall be used for tape identification purposes.
The tape recorded in the ''A'' recording deck shall be the tape on file with the Prothonotary. The tape recorded in the ''B'' recording deck shall be maintained by the Court.
(iv) Additional Original Recordings: Two additional videos, designated ''C'' and ''D,'' shall be made at the time the official recordings of all evidentiary proceedings are made, labeled as copies and certified by the operator to be true and complete copies of the official record. These tapes shall be available for purchase by parties to the case. Requesting parties shall be charged a fee to be established by Court policy for each tape purchased, except in cases where the requesting party has been declared indigent. All payments for certified copies of video records must be made prior to obtaining the videos.
If the ''C'' and ''D'' tapes have not been requested within thirty days of the recorded proceeding, the tapes shall be erased by the Court and subsequently used to make original ''A'' and ''B'' video records. In the event such occurs, parties may still obtain a reproduction of the original. Court personnel will reproduce the requested material using the ''A'' or ''B'' copies.
(v) Official Log: Court personnel assigned video responsibility in the courtroom shall keep a written trial log or assure the video system produces an automatic trial log for all proceedings where the video is the official record. A manual trial log form shall be developed and authorized by the Court. One copy of the log shall be retained by the Court and one copy shall accompany the video filed with the Prothonotary. A copy of the trial log shall also be provided with each duplicated video made for requesting parties.
(vi) Certification: As soon as practicable after the close of each day's Court proceedings, the Court shall certify that each ''A'' and ''B'' recording is the official record of the Court proceedings. Original recordings labeled ''C'' and ''D'' shall also be certified as true copies of the original record, or portions thereof.
(b) Transcription of the Video Record: The following provisions govern the production and use of typewritten transcripts made from videos of Court proceedings:
(i) Tape Reference: All transcripts produced from a video shall include, at the top or bottom of each typewritten page, a tape reference which includes a tape identification number, date, and hour, minute and second corresponding to the beginning or end of each page. For example, TAPE NO. 001; 1/2/94; 10:15:45.
(ii) Requests for Transcripts: Parties requesting transcripts of proceedings where video recording is the official record shall complete a Transcript Request Form as developed and authorized by the Court and forward it to the Court's designee. Upon receipt of the transcript request, an estimated cost of transcription shall be determined and provided to the requesting party. All costs must be paid prior to the transcription of the record.
(iii) Authorized Transcription Services: The Court shall establish an authorized transcription agency to provide the official transcripts of video proceedings, and upon completion of same, shall certify the transcript as a true and correct copy of the video record. Agencies must have and maintain the necessary equipment consistent with the Court's video system to produce transcripts upon demand. Parties choosing to produce the transcript without using the Court's authorized agency will not have the transcript certified.
Note: Local Rule 252 is intended to prescribe the general practice for requesting and securing the transcripts from the Video Record. The designated transcription service must have and maintain the proper transcription equipment compatible with the Court's system to produce daily, expedited, ordinary and hourly copies upon demand.
(3) Post-Trial Relief. Transcript of Testimony.
Parties filing Post-Trial Motions shall complete a Transcript Request Form setting forth the relevant portions of the record. If no portion is indicated, transcription of the record shall be deemed unnecessary to the disposition of the record.
(4) Transcription of the Record on Appeal.
(a) Record on Appeal: Transcripts of proceedings in which the Video Recording System is used as the official record shall be filed and served in the same manner as other transcripts as required by the Pennsylvania Rules of Appellate Procedure relating to the provisions of the record.
(b) Transcripts: All transcripts required to be part of the record on appeal where a video recording is the official record shall be provided pursuant to Local Rule 252(2)(b).
Local Rule 253 Taxation of Costs.
(1) Costs After Judgment.
Costs shall be taxed by the Prothonotary. Objections shall be presented to the Motions Judge or, if the case was tried, to the Trial Judge.
(2) Costs After Settlement.
In Civil Division cases, absent an agreement to the contrary at the time of a settlement requiring the payment of monetary damages, the paying party or parties shall reimburse the recipient the record costs incurred by that party. Where there are multiple payors, the reimbursement of record costs shall be prorated.
Local Rule 301 Formal Requirements.
Any request for issuance of a writ of habeas corpus shall be in writing by petition and in accordance with the following:
(1) The caption shall contain the name of the Commonwealth at the relation of the petitioner in whose behalf the relief is requested, and name as respondent the person who exercises the alleged unlawful restraint, as well as the capacity in which such restraint is asserted, if any.
(2) The petition shall contain allegations of fact and shall be signed and verified by petitioner. If petitioner is unable to sign and verify the petition, the reason shall be set forth.
(3) When the person restrained is an incapacitated person or a minor, the petition shall be brought on behalf of the person restrained by that person's next friend, parent or guardian.
(4) Where the restraint arises out of arrest and incarceration, for any summary or criminal offense, a notice of presentation and a copy of the petition for habeas corpus shall be given forthwith to the District Attorney of Allegheny County.
(5) A proposed preliminary order shall be attached to the petition.
(6) Petitions alleging restraint by law enforcement authorities shall be filed in the Criminal Division; petitions alleging restraint pursuant to an order of Court shall be filed in the Division of Court which issued the order; other petitions shall be filed in the appropriate division of the court.
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