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PA Bulletin, Doc. No. 08-969

THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Local Rules of Civil Procedure; No. 10130-2001

[38 Pa.B. 2363]
[Saturday, May 24, 2008]

Order

   And Now, this 6th day of May, 2008, Local Rule 205.4, which provided for electronic filing in Beaver County, is rescinded in its entirety. Further, Local Rules 206A through 206C, inclusive, Rule 206.4(c) and Rule 208.3(b) are amended to read as follows. This Order and Amended Local Rules 206A, 206B, 206C, 206.4(c) and 208.3(b), as well as rescission of Rule 205.4, shall be effective 30 days after publication in the Pennsylvania Bulletin and publication on the Pennsylvania Judiciary's web application portal. All Local Rules inconsistent with the foregoing amended Rules are suspended upon the effective date of the foregoing amended Rules.

   In accordance with Pa.R.C.P. No. 239, the Court Administrator of Beaver County shall file or distribute copies of this Order and the Amended Local Rules as follows:

   1.  Seven (7) certified copies with the Administrative Office of Pennsylvania Courts;

   2.  Two (2) certified copies and a computer diskette containing the texts of the amended Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  One (1) certified copy to the Civil Procedure Rules Committee of the Supreme Court of Pennsylvania;

   4.  One (1) copy to the Prothonotary of Beaver County to be kept continuously available for public inspection and copying;

   5.  One (1) copy to the Law Library of Beaver County.

   In addition, the Court Administrator of Beaver County shall cause the foregoing Rules to be published on the web site of the Administrative Office of Pennsylvania Courts and on the Beaver County web site.

By the Court

JOHN D. MCBRIDE,   
President Judge

LR 205.4. Electronic Filing and Service of Legal Papers.

   Rescinded and deleted in total.

LR 206A. Motions Court.

   The Court will be available to receive motions and petitions at the times and in accordance with the practice which is published with the annual Court Calendar.

   Note. The prescribed time to receive motions appears on the Beaver County web site: www.beavercountypa.gov. Links are available to the Court and then to Motions Court.

LR 206B. Notice to Opposing Counsel.

   The Court will not entertain a motion or petition in any matter unless the opposing party or his counsel has consented in writing or has received three (3) business days written notice of the intention to present the motion or petition. The motion or petition shall set forth the manner in which notice has been given, attaching a copy thereof. Counsel may present a motion or petition after oral notice only in emergency situations. Ex parte motions and petitions will not be entertained without prior notice unless notice is not possible.

LR 206C. Presentation of Motion.

   All motions and petitions, except as set forth in Rules L206D, L206F and emergency motions and petitions, shall be presented to the appropriate Judge at the time set for Motions Court. In all cases, written notice of presentation of the motion or petition shall have been given to counsel of record or to the opposite party in compliance with Rule L206B.

LR 206.4(c). Procedures for Issuance of a Rule to Show Cause.

   (a)  Upon petition, the issuance of a rule to show cause shall be discretionary pursuant to Pa.R.C.P. No. 206.5.

   (b)  Whether or not the petition has been filed, it shall be presented to the Court by counsel for the petitioner at the time prescribed for the receipt of motions by the Court.

   Note. The prescribed time to receive motions appears on the Beaver County web site: www.beavercountypa.gov. Links are available to the Court and then to Motions Court.

   (c)  The petition must be accompanied by an order in the form set forth in Pa.R.C.P. No. 206.5 (d). If appropriate to do so, the Court will issue the rule, set a time to respond thereto, set a deadline to complete depositions or other appropriate discovery and schedule argument.

   (d)  After the Court issues the rule, counsel for the petitioner must deliver the petition and rule to the Prothonotary for filing, serve it upon all other parties or their counsel, deliver a copy of the order to the Court Administrator and file proof of service.

   (e)  Any exhibits attached thereto must be tabbed and identified.

LR 208.3(b). Procedure Governing Motions.

   (a)  All motions, as defined in Pa.R.C.P. No. 208.1, whether or not they have been filed, shall be presented to the Court by counsel for movant at the time prescribed for the receipt of motions by the Court.

   Note. The prescribed time to receive motions appears on the Beaver County web site: www.beavercountypa.gov. Links are available to the Court and then to Motions Court.

[Pa.B. Doc. No. 08-969. Filed for public inspection May 23, 2008, 9:00 a.m.]


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