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PA Bulletin, Doc. No. 08-2280

THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Local Rules of Civil Procedure; No. 10130 of 2001

[38 Pa.B. 6884]
[Saturday, December 20, 2008]

Order

   And Now, this 10th day of November, 2008, Local Rule of Civil Procedure 212.2 is amended to read as follows. This Order and Amended Local Rule 212.2, as well as adoption of Local Rule 212.4, 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 and new Local Rules are suspended upon the effective date of the foregoing amended and new Local 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 and new Local Rules as follows:

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

   2.  Two (2) certified copies and a computer diskette containing the texts of the amended and new 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

Rule L 212.2.  Pre-Trial Conference and Pre-Trial Statements.

   A.  Unless otherwise directed by the court, a Pre-Trial Conference shall be Scheduled by the Court Administrator for every case certified for jury trial. Pre-Trial Conferences shall be scheduled on those dates designated for that purpose on the court calendar and on such other dates as may from time to time be designated by the court.

   (1)  Prior to the Pre-Trial Conference, a party shall provide the opposing party with a copy of all documents or records secured through an authorization of the opposing party. Any such documents or records not so provided may not be used at trial for any purpose.

   (2)  Pre-Trial statements which comply with Pa.R.C.P. No. 2l2. Shall be submitted to the judge assigned to conduct the Pre-Trial Conference not later than five (5) business days prior thereto seven (7) days prior thereto.Failure to file a timely pre-trial statement may result in continuance of the Pre-Trial Conference and sanctions in the form of counsel fees payable to opposing counsel. In addition, to the requirements of Pa.R.C.P. No. 212.2, the Pre-Trial Statement shall contain:

   (a)  A statement of legal and evidentiary issues which are anticipated to arise together with a citation to authority:

   (b)  An itemized statement of all medical and hospital and other bills and expenses claimed;

   (c)  An itemized statement of lost earnings and impairment of earning power together with the basis therefore;

   (d)  A statement, if applicable, as to the plaintiff's selection of the limited or full tort option. If a limited tort option applies, a statement to support eligibility for recovery of non-economic damages shall be included;

   Note:  Although Pa.R.C.P.No. 212.2(5) requires the inclusion of an expert report or proper answer to interrogatory and the note thereto permits physician notes or records in lieu of a report, neither copies of hospital records nor illegible office notes are to be included.

   All trial exhibits are to be marked for identification but need not be attached to the Pre-Trial Statement.

   (3)  Unless excused by the court upon cause shown, the Pre-Trial Conference shall be attended by trial counsel as well as the plaintiff, a representative of the defendant's insurance carrier who has settlement authority, a representative of the CAT MCARE Fund and any defendant whose personal approval of a settlement offer is required and has not been given.

   Note:  Where a liability insurance carrier, the CAT MCARE Fund or a party has given counsel written authority to settle in an amount deemed by the court to be reasonable, the court will probably excuse attendance at the Pre-Trial Conference. All requests to be excused should be by formal motion or petition setting forth the reasons for the request.

   If trial counsel is excused by the court from attending, substitute counsel shall be equally familiar with the case and its issues or sanction may be imposed.

   (b)  After the Pre-Trial Conference has concluded, no Supplemental Pre-Trial Statement may be filed without leave of court for cause shown.

Rule L212.4.  Case Management Conferences and Complex Cases.

   A.  At any time after the initial pleadings have closed (e.g. Complaint, Answer and New Matter and Reply to New Matter), any party may move the Court to schedule a case management conference, without the need for consent from the other party or parties.

   B.  After receiving the motion, the Court shall schedule a case management conference, at which the Court will set a discovery schedule, date for filing of dispositive motions, date for exchange of expert reports, and a date for a pretrial conference. Said dates will only be extended for good cause shown.

   C.  If the case is a complex case (one that involves significant legal and factual issues, has multiple experts, will take more than several days to try and requires significant attention of the Court in connection with pretrial and trial motions), the party filing the motion for a case management conference should advise the Court of that fact in the motion so that a special schedule and trial date can be set.

[Pa.B. Doc. No. 08-2280. Filed for public inspection December 19, 2008, 9:00 a.m.]


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