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PA Bulletin, Doc. No. 13-1438

THE COURTS

ADAMS COUNTY

Rules of Civil Procedure 206 and 212; Administrative Order No. 60 of 2013

[43 Pa.B. 4327]
[Saturday, August 3, 2013]

Order of Court

 And Now, this 18th day of July, 2013, It Is Hereby Ordered that Adams County Rules of Civil Procedure 206 and 212 are amended as follows:

Rule 206.1(a). Petitions. Definition.

 A. Additional Petitions

 In addition to the definition set forth in Pa.R.C.P. No. 206.1(a)(1), the following documents are defined as petitions:

 1. An application to withdraw an appearance as attorney of record pursuant to Pa.R.C.P. No. 1012(c) [and Adams C.Civ.R. No. 1012].

Rule 212. Pre-Trial Procedure.

 (A) [Procedure.] When an action is at issue and discovery has been substantially completed, any party may, by praecipe filed with the Prothonotary, request a pre-trial conference. The praecipe shall state whether the case is to be tried before a jury or by bench trial.

 (B) [Bench Trial. The Prothonotary shall refer bench trial listings to the Civil Business Judge designated by the President Judge. The judge to whom the case is referred shall then schedule a pre-trial conference at a time convenient to the Court, counsel and/or the parties. A pretrial memorandum shall be filed within the time period and in substantially the form set forth in Adams C. Civ. R. No. 212.2.] The Prothonotary shall forward the praecipe for pre-trial conference to the Judge designated to conduct pre-trial conferences by the President Judge. The Judge to whom the case is referred shall enter court order scheduling a pre-trial conference at a time designated by the Court. The order scheduling pre-trial conference shall be served by the Prothonotary on counsel of record or on the parties in the event the parties are not represented by counsel. Service of the order shall be noted in the docket.

 (C) [Jury Trial. The Prothonotary shall maintain a schedule for pre-trial conferences for cases to be tried by a jury. Conferences will be scheduled to begin on the hour during Pre-Trial Conference Days listed on the annual Court Calendar. The party requesting the conference shall state the time and date preferred for the conference; however, the Prothonotary shall retain scheduling authority. Conferences shall not be scheduled prior to 9:00 a.m., at noon, or after 3:00 p.m. except by special order of court. The Prothonotary shall notify all counsel and pro se parties of the time and date of the conference. The notice shall advise the parties of the requirement to comply with Adams C. Civ. R. No. 202.2. All pre-trial conferences shall be held by the Judge designated by the President Judge.] All parties to a pre-trial conference shall prepare and file a pre-trial memorandum within the time period and in substantially the form set forth in Adams C. Civ. R. No. 212.2.

 (D) Unless excused by the Court in advance, the attorney or party who intends to try the case shall attend the pre-trial conference. In the absence of excuse, the Court may require the attending attorney or party to try the case. If an attorney or party fails to appear for the pre-trial conference, the Court may proceed in his/her absence and enter binding rulings regarding any matter, including the admissibility of evidence or dismissal of the case for failure to prosecute.

 (E) The conference Judge may sua sponte, or on the motion of any party, dispense with the need for a pre-trial conference, or in the alternative, authorize that a pre-trial conference be conducted telephonically. In the event that a party or counsel is granted permission to participate telephonically, the parties shall be responsible for making all the arrangements for telephonic participation and shall pay all costs related thereto. A party participating in a telephonic conference is not relieved from compliance with Adams C. Civ. R. No. 212.2.

 (F) Although it is not necessary for the parties represented by counsel to appear, counsel must appear with authority to bind the client. Parties, or their authorized representatives, must be available by telephone during the pre-trial conference.

 (G) At the conclusion of the pre-trial conference, the assigned Judge shall issue an Order setting forth the date of bench trials, or in the event of a jury trial, setting the case for a specific term. The Court Order shall designate a date certain upon which the case will be called to determine trial readiness. The parties may answer the call formally by appearance, or informally by telephone or correspondence to the Court Administrator's Office prior to the call date. Failure to answer the call may result in the case being stricken from the trial list. The Order shall also set forth when appropriate any other action taken at the pre-trial conference including the scheduling of all matters to be completed before trial.

 This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It Is Further Directed that:

 A. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts Office and the Adams County Law Library for inspection and copying;

 B. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa.R.C.P. No. 239(c)(2);

 C. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format per 1 Pa. Code § 13.11(d), containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and

 D. One (1) certified copy of this Order shall be forwarded to the Civil Procedural Rules Committee in accordance with the provisions of Pa.R.C.P. No. 239(c)(4).

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 13-1438. Filed for public inspection August 2, 2013, 9:00 a.m.]


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