THE COURTS

Title 255—LOCAL
COURT RULES

MONROE COUNTY

Amendment of Local Rules of Civil Procedure; 44 AD 2016

[46 Pa.B. 647]
[Saturday, February 6, 2016]

Order Pursuant to Pa.R.C.P. 239

 And Now, this 11th day of January, 2016, it is Ordered that the following Rules of the Court of Common Pleas of the 43rd Judicial District of Pennsylvania, Monroe County, are amended or rescinded as indicated, to be effective thirty (30) days after publication in the Pennsylvania Bulletin, except the rescission of Rule 206.1(a) and the adoption of Rules 208.2(d), 208.3(a), 1028(c), 1034(a) and 1035.2(a), which shall become effective upon the publication on the UJS Web Portal (http://ujsportal.pacourts.us).

 It Is Further Ordered that the District Court Administrator shall:

 1. File a copy of this order and certified copy of the local rule changes with the Administrative Office of Pennsylvania Courts (AOPC).

 2. File with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin two (2) certified paper copies and one (1) computer diskette or CD-ROM copy which complies with 1 Pa. Code Section 13.11(b) containing the text of the local rule changes.

 3. File one (1) certified copy of the local rule changes with the Supreme Court Civil Procedural Rules Committee.

 4. Provide one (1) certified copy of the local rule changes to the Monroe County Law Library.

 5. Keep such local rule changes, as well as all local civil rules, continuously available for public inspection and copying in the Office of the Prothonotary of Monroe County. Upon request and payment of reasonable cost of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.

 6. Arrange to have the local rule changes published on the Monroe County Bar Association website at www.monroebar.org.

 7. Arrange to have the local rule changes published on the 43rd Judicial District website at www.monroepacourts.us.

By the Court

MARGHERITA PATTI-WORTHINGTON, 
President Judge

Amendments to Monroe County Local Rules

Monroe County Local Rule 206.1(a). Petition Practice.—Rescinded.

Monroe County Local Rule 207. Praecipe for Argument.—Rescinded.

Monroe County Local Rule 208.2(d). Motions and Petitions. Concurrence.

 (1) All motions and petitions shall contain a certification by counsel for the moving party that concurrence in the motion has been sought from all opposing counsel and that such concurrence has been granted or denied. This certification is not required for appeals, motions for summary judgment or motions for judgment on the pleadings.

 (2) Where concurrence has been granted, the written concurrence of opposing counsel shall be attached to the motion.

 (3) Failure to comply with this provision shall constitute sufficient grounds for the Court to deny the motion.

Monroe County Local Rule 208.3(a). Motion, Petition and Appeal Practice.

 (1) Applications by motion, petition or appeal. All applications to the Court shall be by motion, unless a statute or rule requires the filing of a petition or an appeal to bring the matter before the Court. All motions, petitions or appeals shall be in writing and shall be filed in the Prothonotary's office. The signing of a motion, petition or appeal by the attorney of record shall constitute a certification that the attorney has read the document and that, to the best of his or her knowledge, information and belief there are proper grounds to support it and that it is not interposed merely for delay.

 a. Preliminary objections shall be governed by Monroe County Local Rule 1028(c).

 b. Motions for judgment on the pleadings shall be governed by Monroe County Local Rule 1034(a).

 c. Motions for summary judgment shall be governed by Monroe County Local Rule 1035.2(a).

 (2) Rule to show cause. If the Court issues a rule to show cause, the procedure will be governed by Monroe County Local Rule 206.4(c) unless the Court orders otherwise.

 (3) Argument. If a party desires argument, a Request for Argument substantially in the form of subparagraph (6), Form B, stating the reasons why argument is necessary, shall be filed with the application. Any responding party may file a Request for Argument using the same form within ten days of the filing of the Motion, Petition or Preliminary Objections. The judge assigned to the case will decide by order if argument will occur. The parties shall file briefs in accordance with Monroe County Local Rule 210.

 (4) Hearing. If the Court orders the matter for a hearing, the parties shall file hearing memoranda in accordance with Monroe County Local Rule 210(4).

 (5) Expedited disposition. For cause shown, any moving party may request expedited disposition of any motion or petition filed with the Prothonotary. If expedited disposition is requested, a Request for Expedited Disposition substantially in the form of subparagraph (6), Form A, shall be filed with the motion or petition, explaining the grounds for an expedited disposition.

 (6) Forms.

 Form A—Request for Expedited Disposition

 Form B—Request for Argument pursuant to Pa.R.C.P. 211

Monroe County Local Rule 211. Oral Argument.— Rescinded.

Monroe County Local Rule 212. Pretrial Procedure.—Rescinded.

Monroe County Local Rule 212.1. Case Management.

 (1) Case tracks. The Court Administrator will assign a judge to a case upon the filing of a civil action. Within 120 days of filing, the Court will issue a case management order giving notice of the earliest date on which the case may be tried, pursuant to Pa.R.C.P. 212.1. The order will establish a case track and timelines for case events, in accordance with the following schedules:

Case Type	Management Track	Disposition Within
- All cases involving damages of less than $50,000 - Residential lease rent & possession - Replevin - Mechanic's Lien - Tax/Judicial sale petitions - Residential assessment appeals	Fast	10 months
- All cases involving damages in excess of $50,000 except  complex cases - Actions to quiet title - Ejectment (other than residential lease) - Declaratory judgment - Mortgage foreclosure - Commercial assessment appeals - Partition - Right to Know	Standard	18 months
- Class action - Medical/Professional Malpractice - Toxic Tort/Waste - Product Liability	Complex	24 months

 (2) Case events.

Case Event	Fast Track	Standard Track	Complex Track
Management order	4 months	4 months	4 months
Discovery complete; motions to compel filed	6 months	12 months	18 months
Plaintiff expert reports	6 months	12 months	18 months
Defense expert reports	8 months	14 months	20 months
Dispositive motions	8 months	14 months	20 months
Praecipe for arbitration filed	9 months
Pretrial memorandum due		Filed before trial date as per Pa.R.C.P. 212.1	Filed before trial date as per Pa.R.C.P. 212.1
First date case may be tried pursuant to Pa.R.C.P. 212.1		18 months	24 months

 (3) Pretrial procedure.

 a. A court order will issue upon filing in Fast Track and Standard Track cases. The case track and/or deadlines established by the case management order may be modified by the Court in its own discretion or for good cause shown. A party seeking modification should seek the written concurrence of all parties and make the request for modification by written motion with a proposed order for a status conference attached. A proposed modified case management order should also be attached.

 b. The trial judge assigned to a case on the Complex Case Track will schedule a status conference with the parties who have appeared in the action approximately four months after the date of filing to establish a case management plan. The judge may modify the above case event deadlines. The judge may require the parties to participate in creating a joint case management plan to be submitted to the Court at the time of the status conference.

 c. An appeal from compulsory arbitration pursuant to Pa.R.C.P. 1308 shall be placed by court order on the next trial list more than sixty days from the date of the appeal.

 d. A party may request a civil trial listing or an arbitration hearing for a case which does not have a Case Management Order by motion to the Court.

 e. Pretrial memoranda shall be filed before the trial date in accordance with the dates established by Pa.R.C.P. 212.1(b), unless otherwise scheduled by the Court.

 f. The parties' pretrial memoranda shall include the following:

 1. Name of client, name and telephone number of the attorney who will try the case;

 2. In jury cases, the demand and offer of settlement which shall be binding upon the parties for purposes of Pa.R.C.P. 238;

 3. The name and coverage limits of any insurance carrier;

 4. The names and addresses of all witnesses to be called at trial with a description of their purpose, e.g. liability, damages, etc.;

 5. A list of exhibits to be introduced at trial. Counsel shall certify in the pretrial memorandum that all exhibits were furnished to opposing counsel.

 6. A list of all special damages claimed by any party;

 7. A list of voir dire questions;

 8. The estimated length of trial time necessary for counsel to present a party's evidence.

 g. By order of court, the trial judge shall notify all counsel and unrepresented parties of the date and place of the pretrial conference. At least five days before the pretrial conference, all counsel and unrepresented parties shall confer to discuss settlement and evidentiary issues. Plaintiff's counsel shall be responsible for arranging this conference.

 h. Only counsel who participate in the pretrial conference with the Court shall be permitted to conduct the trial unless otherwise authorized by the trial judge.

 i. Motions in limine must be in writing and shall be filed with the Prothonotary no later than the pretrial conference. The trial judge will schedule opposing party responses and argument as required.

 j. At trial, the parties will be limited to those witnesses and exhibits disclosed in the pretrial memoranda, unless opposing counsel waives such restrictions or the Court finds such a limitation to be unjust. If a party has indicated that a witness will be called, three days' notice shall be given to opposing counsel if the witness will not be called for any reason.

 k. In any case requiring court approval of a settlement, a copy of the contingent fee agreement shall be brought to the pretrial conference with the Court.

Monroe County Local Rule 213. Equity Pretrial Procedure.—Rescinded.

 See Pa.R.C.P. 1501, rescinded 12/16/2003, effective 7/1/2004

Monroe County Local Rule 400.1. Service of Original Process.—Rescinded.

 See Pa.R.C.P. 400

Monroe County Local Rule 1018.1. Notice to Defend.

 The name, address and telephone number of the organization to be set forth in the Notice To Defend required by Pa.R.C.P. 1018(c) and in any similar notice required by the Pennsylvania Rules of Civil Procedure shall be:

MONROE COUNTY BAR ASSOCIATION
FIND A LAWYER PROGRAM
913 MAIN STREET
STROUDSBURG, PENNSYLVANIA 18360
Telephone (570) 424-7288
Fax (570) 424-8234

Monroe County Local Rule 1021. Money Damages.—Rescinded.

 See Pa.R.C.P. 1019(f)

Monroe County Local Rule 1028(c). Preliminary Objections.

 (1) Preliminary objections shall be filed with the Prothonotary. The Court will then schedule the preliminary objections for decision by order. If a party desires argument, that request shall be made by filing a Request for Argument substantially in the form of Monroe County Local Rule 208.3(a)(6) Form B—Request for Argument pursuant to Pa.R.C.P. 211. Any responding party may file a Request for Argument using the same form within ten days of the filing of the application. The judge assigned to the case will decide by order if argument is to occur.

 (2) The parties shall file briefs in accordance with Monroe County Local Rule 210.

Monroe County Local Rule 1029. Action on Book Account.—Rescinded.

 See Pa. Rule of Evidence 1003.

Monroe County Local Rule 1034(a). Motion for Judgment on the Pleadings.

 (1) A motion for judgment on the pleadings shall be filed with the Prothonotary. The Court will then schedule the motion for decision by order. If a party desires argument, that request shall be made by filing a Request for Argument substantially in the form of Monroe County Local Rule 208.3(a)(6) Form B—Request for Argument pursuant to Pa.R.C.P. 211. Any responding party may file a Request for Argument using the same form within ten days of the filing of the application. The judge assigned to the case will decide by order if argument is to occur.

 (2) The parties shall file briefs in accordance with Monroe County Local Rule 210.

Monroe County Local Rule 1035.2(a). Motion for Summary Judgment.

 (1) A motion for summary judgment shall be filed with the Prothonotary. The Court will then schedule the motion for decision by order. If a party desires argument, that request shall be made by filing a Request for Argument substantially in the form of Monroe County Local Rule 208.3(a)(6) Form B—Request for Argument pursuant to Pa.R.C.P. 211. Any responding party may file a Request for Argument using the same form within ten days of the filing of the application. The judge assigned to the case will decide by order if argument is to occur.

 (2) The parties shall file briefs in accordance with Monroe County Local Rule 210.

Monroe County Local Rule 1037. Opening Default Judgments.—Rescinded.

Monroe County Local Rule 1051. Commencing Ejectment Action by Praecipe.—Rescinded.

 See Pa.R.C.P. 1051, 1054.

Monroe County Local Rule 1311. Procedure on Appeal.—Rescinded.

Monroe County Local Rule 2039. Compromise Settlement and Physician's Statement of Extent of Injury.—Rescinded.

 See Pa.R.C.P. 2039.

Monroe County Local Rule 2064. Compromise Settlement and Physician's Statement of Extent of Injury.—Rescinded.

 See Pa.R.C.P. 2064

Monroe County Local Rule 2353. Substitution of Parties.—Rescinded.

 See Pa.R.C.P. 2353

Monroe County Local Rule 2959. Confession of Judgment.—Rescinded.

 See Pa.R.C.P. 2959

Monroe County Local Rule 3252.b. Organization Named in Notice of Writ of Execution.

 The name address and telephone number of the organization to be set forth in the notice attached to a writ of execution shall be:

MONROE COUNTY BAR ASSOCIATION
FIND A LAWYER PROGRAM
913 MAIN STREET
STROUDSBURG, PA 18360
Telephone (570) 424-7288
Fax (570) 424-8234

Monroe County Local Rule 4017.D. Certificate of Deposition.—Rescinded.

Form A—Request for Expedited Disposition

COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA

	:	No.______ Civil 20______
Plaintiff,	:
	:
vs.	:
	:
Defendant,	:

REQUEST FOR EXPEDITED DISPOSITION PURSUANT TO MONROE COUNTY LOCAL RULE 208.3(a)(5)

 ______ requests expedited disposition of the attached motion, petition or appeal for the following reasons:

_______________________________________________

_______________________________________________

_______________________________________________

_________________
Signature of Moving Party

_________________
Printed Signature

_________________
Address of Moving Party

_________________
Telephone Number

 A copy of this request has been provided to the following by the moving party:

Name: Address:

__________________________________

__________________________________

__________________________________

Form B—Request for Argument pursuant to Pa.R.C.P. 211

COURT OF COMMON PLEAS OF MONROE COUNTY
FORTY-THIRD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA

	:	No.______ Civil 20______
Plaintiff,	:
	:
vs.	:
	:
Defendant,	:

REQUEST FOR ARGUMENT PURSUANT TO Pa.R.C.P. 211

 ______ requests argument on the following Motion, Petition or Appeal:  ______ , filed on ______ , 20______ .

 Issue(s) to be argued:

_______________________________________________

_______________________________________________

_______________________________________________

 Monroe County Local Rules 208.3(a) and 210 are applicable.

_________________
Signature of Moving Party

_________________
Printed Signature

_________________
Address of Moving Party

_________________
Telephone Number

 A copy of this request has been provided to the following by the moving party:

Name: Address:

__________________________________

__________________________________

__________________________________

[Pa.B. Doc. No. 16-186. Filed for public inspection February 5, 2016, 9:00 a.m.]

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