THE COURTS
MONTGOMERY COUNTY
Adoption of Local Rule of Civil Procedure *200; Amendment of Local Rules of Civil Procedure 206.4(c), 1028(c), 1034(a) and 1035.2(a)
[45 Pa.B. 6493]
[Saturday, November 7, 2015]
Order And Now, this 19th day of October, 2015, the Court hereby Amends Montgomery County Local Rules of Civil Procedure 206.4(c), 1028(c), 1034(a), and 1035.2(a), and Adopts Montgomery County Local Rule of Civil Procedure *200. These Amended and Adopted Local Rules shall become effective on January 1, 2016, following timely publication in the Pennsylvania Bulletin.
The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.C.P. 239 and 239.8, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and one (1) certified copy shall be filed with the Civil Procedural Rules Committee. The amendments to Local Rules of Civil Procedure 206.4(c), 1028(c), 1034(a) and 1035.2(a) shall also be published on the UJS Web Portal at http://ujsportal.pacourts.us. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court.
By the Court
WILLIAM J. FURBER, Jr.,
President JudgeRule *200. Trial Readiness.
(1) Application. This Local Rule shall apply to all civil actions requiring a Cover Sheet pursuant to Rule 205.5 filed on or after January 1, 2016, excluding cases commenced by Petition, Declaration of Taking, Zoning Appeals, Board of Assessment Appeals, Declaratory Judgment and Mass Tort cases. The maximum time limits noted herein, including those identified in a Case Management Order or subsequent Order of Court pursuant to subsection (e), supersede any similar time limits established pursuant to the agreement of the parties, or pursuant to a Discovery Management Order under Local Rule 4019*;
(2) Within Arbitration Limit Cases.
a) A civil action requiring a Cover Sheet pursuant to Rule 205.5, whereon the filing party checked the box in Section A noting the dollar amount requested is ''within arbitration limits'' (excepting those involving title to real estate and equity cases), shall be praeciped for Arbitration by the parties, pursuant to Local Rule 1302, within 9 months of the date of filing of said action, or in the event such a civil action is commenced in Montgomery County as a ''transfer from another jurisdiction'', within 9 months of the transfer date;
b) If an arbitration limit case is not praeciped for Arbitration within 9 months of the date of filing or transfer of said action, the case will be scheduled by the Court for a Case Management Conference before the Court or its designee;
c) At the Case Management Conference, a Case Management Order will be entered which establishes the following, if applicable:
i) A date for completion of all discovery, except for depositions for use at trial;
ii) A date for plaintiff to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;
iii) A date for defendant to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;
iv) A date for the filing of all dispositive motions, and any responses thereto;
v) The transfer of said case to the Outside Arbitration Limit track, with set dates as noted above, based on a change in the determination of the amount in controversy;
d) In no event shall the dates in the Case Management Order, as noted in subsection (c) above, extend beyond 60 days from the date of the Case Management Order. Absent the filing of an intervening Arbitration Praecipe, the case will automatically be placed in the Arbitration Inventory, for the scheduling of an Arbitration Hearing, 60 days from the date of the Case Management Order;
e) Any extension beyond the maximum time limit for the placement of the case into the Arbitration Inventory, as noted in subsection (d) above, must be approved by a Judge. Said request shall be in the form of a Motion for Extraordinary Relief, which shall set forth the reason(s) why the requested relief should be granted. The opposing side(s) shall have five (5) days in which to respond to said Motion, after which time the Court will enter an appropriate order.
(3) Outside Arbitration Limit Cases.
a) A civil action requiring a Cover Sheet pursuant to Rule 205.5, whereon the filing party checked the box in Section A noting the dollar amount requested is ''outside arbitration limits'', shall be praeciped for Trial by the parties, pursuant to Local Rule 212.1*(d), within 18 months of the date of filing of said action or in the event such a civil action is commenced in Montgomery County as a ''transfer from another jurisdiction'', within 18 months of the transfer date;
b) If an outside-arbitration limit case is not praeciped for Trial within 18 months of the date of filing or transfer of said action, the case will be scheduled by the Court for a Case Management Conference before the Court or its designee;
c) At the Case Management Conference, a Case Management Order will be entered which establishes the following, if applicable:
i) A date for completion of all discovery, except for depositions for use at trial;
ii) A date for plaintiff to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;
iii) A date for defendant to submit expert reports and curricula vitae of said experts, or answer expert interrogatories;
iv) A date for the filing of all dispositive motions, and any responses thereto;
v) The transfer of said case to the Within Arbitration Limit track, with set dates as noted above, based on a change in the determination of the amount in controversy;
d) In no event shall the dates in the Case Management Order, as noted in subsection (c) above, extend beyond 120 days from the date of the Case Management Order. Absent the filing of an intervening Trial Praecipe, the case will automatically be placed in the Civil Trial Inventory, for the scheduling of a Pre-Trial Conference, 120 days from the date of the Case Management Order;
e) Any extension beyond the maximum time limit for the placement of the case into the Civil Trial Inventory, as noted in subsection (d) above, must be approved by a Judge. Said request shall be in the form of a Motion for Extraordinary Relief, which shall set forth the reason(s) why the requested relief should be granted. The opposing side(s) shall have five (5) days in which to respond to said Motion, after which time the Court will enter an appropriate order.
(4) Track Transfer. If at any time during the pendency of an action subject to this Rule, based on subsequent pleadings or a change in the determination of the amount in controversy, a party or parties determine that the case is not on the appropriate track, the party/parties can request the scheduling of a Case Management Conference before the Court or its designee, wherein the issue will be resolved. A Court Order is required to transfer a case from one track to another. The Court can, sua sponte, order the transfer of a case from one track to another.
Comments:
1. Zoning Appeals cases shall proceed pursuant to Local Rule 14;
2. Board of Assessment Appeal cases shall proceed pursuant to Local Rule 920;
3. Asbestos cases shall proceed pursuant to Local Rule 1041.1;
4. All cases involving title to real estate and equity cases are considered ''Outside Arbitration Limit Cases.''
Rule 206.4(c). Issuance of a Rule to Show Cause.
(1) Issuance. The issuance of a Rule to Show Cause for petitions governed by Rule 206.1, et seq., shall issue as a matter of course pursuant to Rule 206.6. Petitions governed by this Rule shall be filed along with:
(a) a cover sheet in the form set forth in Rule 205.2(b),
(b) a brief or memorandum of law, as set forth in Rule 210, and
(c) a proposed order in the following form:
See Form Proposed OrderThe petition and proposed order shall be filed in the Prothonotary's Office, and forwarded to the Court Administrator, who shall have the authority to sign the Rule to Show Cause Order.
If a petitioner requests a stay of execution pending disposition of a petition to open default judgment, or any other petition governed by this rule, the Court Administrator shall promptly refer the stay request to the Civil Equity/Emergency Judge for review and determination.
(2) Disposition. Forty-five (45) days from the filing of the petition, the matter shall be referred to the assigned Judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of the petition. If oral argument was requested by either party on their respective cover sheets, the matter shall be scheduled for argument. If discovery or oral argument were not requested by either party, the assigned Judge may direct the scheduling of discovery or oral argument, or may decide the matter upon the filings. If the respondent did not file an answer to the petition within the timeframe outlined in the proposed order, the Court will consider the petition without an answer, and enter an appropriate order in accordance with Rule 206.7(a).
(3) Timely Filed Briefs. If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may:
(a) Dismiss the petition where the moving party has failed to comply,
(b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits,
(c) List the matter for argument, at which time only the complying party shall be heard.
Comment: the forms referenced in this rule are available online at www.montcopa.org/courts.
Rule 1028(c). Preliminary Objections.
(1) Filing. All preliminary objections shall be filed:
(a) in accordance with Pa.R.C.P. 1028,
(b) along with:
(1) a cover sheet in the form set forth in Rule 205.2(b),
(2) a brief or memorandum of law, as set forth in Rule 210,
(3) a proposed order, and
(4) a certificate of service.
(2) Response. The respondent shall file an answer to preliminary objections, if required:
(a) in accordance with Pa.R.C.P. 1028 and Pa.R.C.P. 1029,
(b) within twenty (20) days of the service of the preliminary objections,
(c) along with:
(1) a cover sheet in the form set forth in Rule 205.2(b),
(2) a brief or memorandum of law, as set forth in Rule 210,
(3) a proposed order, and
(4) a certificate of service.
(3) Disposition. Forty-five (45) days from the filing of preliminary objections, the matter shall be referred to a Judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of preliminary objections. If oral argument was requested by either party on their respective cover sheets, the matter shall be scheduled for argument. If discovery or oral argument were not requested by either party, the Court may direct the scheduling of discovery or oral argument, or may decide the matter upon the filings.
(4) Timely Filed Briefs. If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the Judge may:
(a) Dismiss the preliminary objections where the moving party has failed to comply,
(b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits,
(c) List the matter for argument, at which time only the complying party shall be heard.
Comments:
1 The form referenced in this rule is available online at www.montcopa.org/courts;
2 Preliminary Objections may not necessarily be heard by the pre-trial Judge assigned to the case. The Court anticipates implementing an expedited scheduling program for Preliminary Objections involving Senior Judges.
Rule 1034(a). Motion for Judgment on the Pleadings.
(1) Filing. After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may file a motion for judgment on the pleadings:
(a) in accordance with Pa.R.C.P. 1034,
(b) along with:
(1) a cover sheet in the form set forth in Rule 205.2(b),
(2) a brief or memorandum of law, as set forth in Rule 210,
(3) a proposed order, and
(4) a certificate of service
(2) Response. An answer to a motion for judgment on the pleadings is required from the non-moving parties:
(a) in accordance with Pa.R.C.P. 1034,
(b) within thirty (30) days of the service of the motion,
(c) along with:
(1) a cover sheet in the form set forth in Rule 205.2(b),
(2) a brief or memorandum of law, as set forth in Rule 210,
(3) a proposed order, and
(4) a certificate of service
(3) Disposition. Forty-five (45) days from the filing of the motion for judgment on the pleadings, the matter shall be referred to a Judge for disposition. If oral argument was requested by either party on their respective cover sheets, the matter shall be scheduled for argument. If oral argument was not requested by either party, the assigned Judge may direct the scheduling of oral argument, or may decide the matter upon the filings.
(4) Timely Filed Briefs. If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may:
(a) Dismiss the motion where the moving party has failed to comply,
(b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits,
(c) List the matter for argument, at which time only the complying party shall be heard.
Comments:
1 The form referenced in this rule is available online at www.montcopa.org/courts;
2 Motions for Judgment on the Pleadings may not necessarily be heard by the pre-trial Judge assigned to the case. The Court anticipates implementing an expedited scheduling program for Motions for Judgment on the Pleadings involving Senior Judges.
Rule 1035.2(a). Motion for Summary Judgment.
(1) Filing. After the relevant pleadings are closed, and prior to the filing of a trial Praecipe, but within such time as not to unreasonably delay trial, any party may file a motion for summary judgment:
(a) in accordance with Pa.R.C.P. 1035.2,
(b) along with:
(1) a cover sheet in the form set forth in Rule 205.2(b),
(2) a brief or memorandum of law, as set forth in Rule 210,
(3) a proposed order, and
(4) a certificate of service.
(2) Response. An answer to a motion for summary judgment is required from the adverse parties:
(a) in accordance with Pa.R.C.P. 1035.3,
(b) within thirty (30) days of the service of the motion,
(c) along with:
(1) a cover sheet in the form set forth in Rule 205.2(b),
(2) a brief or memorandum of law, as set forth in Rule 210,
(3) a proposed order, and
(4) a certificate of service.
(3) Disposition. Forty-five (45) days from the filing of the motion for summary judgment, the matter shall be referred to the assigned Judge for disposition, unless the underlying case has already been praeciped for trial or ordered on the trial list, in which case the motion will be assigned to the trial judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of the motion. If oral argument was requested by either party on their respective cover sheets, the matter shall be scheduled for argument. If oral argument was not requested by either party, the assigned Judge may direct the scheduling of oral argument, or may decide the matter upon the filings.
(4) Timely Filed Briefs. If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may:
(a) Dismiss the motion where the moving party has failed to comply,
(b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits,
(c) List the matter for argument, at which time only the complying party shall be heard.
Comment: the form referenced in this rule is available online at www.montcopa.org/courts.
[Pa.B. Doc. No. 15-1962. Filed for public inspection November 6, 2015, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
