THE COURTS
Title 255—LOCAL COURT RULES
BEAVER COUNTY
Local Rules; Amendments to Local Civil Rules; No. 10020 of 2018
[48 Pa.B. 7750]
[Saturday, December 22, 2018]
Administrative Order The following amendments to the Beaver County Local Rules of Civil Procedure are hereby adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.
It is hereby Ordered and Directed that the following Local Rules of Civil Procedure be added/amended as follows:
LR205.2(b). Cover Sheet.
(1) Complaint/initial pleading
In addition to the state required cover sheet, a complaint or initial pleading shall be accompanied by a Beaver County cover sheet. The cover sheet shall be in the form set forth below:
Court of Common Pleas of Beaver County
Civil Division
Civil Cover Sheet
For Prothonotary Use Only (Docket Number)
PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS DEFENDANT'S NAME DEFENDANT'S ADDRESS
TOTAL NO. OF PLAINTIFF TOTAL NO. OF
DEFENDANTSCOMMENCEMENT OF ACTION
[ ]Complaint [ ] Notice of Appeal
[ ] Writ of Summons [ ]Transfer from Other Jurisdictions
AMOUNT IN CONTROVERSY CASE TYPE [ ] $25,000 or less [ ] Motor Vehicle [ ] Mortgage Foreclosure [ ] Partition [ ] Medical Malpractice Judgment [ ] Ejectment [ ] Declaratory [ ] Other Professional Liability [ ] Statutory Appeals [ ] Replevin [ ] Over $25,000 [ ] Product Liability [ ] Quiet Title [ ] Asbestos [ X] Other : ______ [ ] Domestic Relations ARBITRATION CASE [ ] Divorce [ ] Custody [ ] Yes [ ] No
TO THE PROTHONOTARY: NAME OF
PLAINTIFF'S/PETITIONER/APPELLANT'S
ATTORNEY (OR PRO SE LITIGANT):
ADDRESS (SEE INSTRUCTIONS) PHONE NUMBER
FAX NUMBER EMAIL ADDRESS SIGNATURE
SUPREME COURT IDENTIFICATION NO
DATE
The cover sheet shall also be published on the Court website, www.beavercountypa.gov
(2) Subsequent pleadings
All subsequent pleadings shall be accompanied by a cover sheet in the form as published on the Court website, www.beavercountypa.gov
* * * * * LR212.1. Civil Actions. Certification for Trial. Time for Initiating Motions for Pre-Trial Judgment or Discovery.
The following rule shall apply to only those civil actions filed prior to January 1, 2019 (any actions filed on that date or thereafter shall be governed by LR301—pertaining to civil case management):
A. All civil actions which are to be tried by a jury may be tried, at the earliest, during the term of trials next following the filing of a Certificate of Readiness for Trial.
Note: This provision is intended to constitute the Notice Required by Pa.R.C.P. No. 212.1(a).
B.(1) A civil action shall be certified for trial by jury, judge or board of arbitration, by filing with the Prothonotary of Beaver County a Certificate of Readiness for Trial. A copy of the Certificate of Readiness for Trial shall likewise be transmitted by the moving party to the Court Administrator of Beaver County.
(2) No case may be certified for trial without having first given at least sixty (60) days written notice of intention to do so to all other parties or their counsel of record.
The notice of intent to certify for trial shall be given to counsel for all parties in all companion cases. Thereafter, the filing of a certificate of readiness for trial shall operate as the certification for trial of all companion cases unless exceptions thereto are filed pursuant to subdivision five (5) hereof.
(3) After a case has been certified for trial, no motion for judgment on the pleadings or for summary judgment may be filed without having first secured leave of court to do so for cause shown.
(4) After a case has been certified for trial, no discovery, including an independent medical examination, may be initiated without having first secured leave of court to do so for cause shown.
(5) Any other party may file exceptions to the certificate of readiness within ten (10) days of the filing thereof. The exceptions shall be presented to the judge assigned to receive civil motions after notice pursuant to Rule L208.3(a) has been given.
Note: The purpose of subdivision (2) is to provide parties with an opportunity to initiate appropriate pre-trial procedures prior to the certification of the case for trial. Failure to do so prior to certification for trial may result in the waiver of the right to do so under subdivisions (3) and (4).
* * * * * LR212.2A. 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, or by the Court in a case management order. 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. 212. Shall be submitted to the judge assigned to conduct the Pre-Trial Conference not later than 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(a)(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.
(e) 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 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 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 setting forth the reasons for the request and shall be presented in accordance with LR208.3(a).
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.
(4) After the Pre-Trial Conference has concluded, no Supplemental Pre-Trial Statement may be filed without leave of court for cause shown.
* * * * *
CIVIL CASE MANAGEMENT LR301. Initial Case Management Conference.
The Court shall hold civil case management conferences for all civil matters (excluding those set forth in subsection (3) below), one day per month as shall be designated in the Court calendar.
The Court Administrator shall set forth dates for case management conferences for the subsequent calendar year no later than October of the current year so that conferences can properly be scheduled.
For all new filings in civil matters:
(1) The Prothonotary shall assign the case to a judge on a rotating basis using the Infocon system.
(2) A case management conference shall be automatically scheduled at the time of the initial case filing by the Prothonotary, utilizing the Infocon system, to be held on the third month following the month of the initial case filing, on a date set forth in the Court calendar.
a. Initial case filings shall include appeals from civil judgments of the Magisterial District Courts, appeals from compulsory arbitration and those cases initiated by Writs of Summons.
Note: Cases originally filed in compulsory arbitration shall not automatically be scheduled for a case management conference pursuant to subsection (3) below. However, appeals from compulsory arbitration will be treated as an initial case filing for purposes of civil case management and will be scheduled for a case management conference by the Prothonotary at the time of the filing of the appeal. Parties in this circumstance may wish to move the Court for a case management conference sooner (see LR212.2B) since fact discovery will presumably have been completed by this time.
(3) Civil cases included within this rule shall be those matters governed by the Pennsylvania Rules of Civil Procedure, with the exception of the following:
a. Actions in mortgage foreclosure;
b. Actions subject to compulsory arbitration;
c. Actions pursuant to protection from abuse;
d. Actions for support;
e. Actions for custody, partial custody, and visitation of minor children;
f. Actions of divorce or annulment of marriage; and
g. Real estate assessment appeals.
(4) At least 7 days prior to the case management conference, each party shall file with the Prothonotary, provide a copy to the Court, and serve a copy on opposing parties or counsel for opposing parties, a brief case summary, not to exceed three (3) pages in length:
a. This case summary shall be substantially in accordance with Form 301A and shall set forth the general nature of the case, whether there are any motions for judgment on the pleadings or preliminary objections pending or anticipated, suggested dates for the completion of expert and fact discovery, suggested dates by which to file dispositive motions, amenability of the parties to alternative dispute resolution and a proposed date for a pre-trial conference;
b. If the case was initiated by a Writ of Summons or is an appeal from a civil judgment of the Magisterial District Courts to which a complaint has not yet been filed, the party shall notify the Court whether the party intends to file a complaint within 90 days from the date of the conference.
Note: While there is no formal local rule pertaining to mechanisms for alternative dispute resolution (ADR), in the Court's experience, parties often agree to case mediation, binding or non-binding private arbitration, high/low agreements or binding 6-member jury trials, all of which have been successful in resolving cases. The Court encourages parties to engage in these or other forms of ADR in an attempt to reduce costs and expedite litigation.
(5) At the time of the case management conference, the Court shall, after consultation with the parties, issue a case management order setting forth a timeline for discovery, the filing of dispositive motions, the exchange of expert reports, the scheduling of alternative dispute resolution (if applicable) and shall place the case on a list for a pre-trial conference.
a. In matters it deems complex or otherwise in its sole discretion, the Court may defer setting a deadline on any of the items set forth in subsection (5) and may schedule one or more review conferences at which time the Court can address or re-address the case management order.
b. If the case was not initiated as one subject to compulsory arbitration but the Court determines at the time of the conference that it should have been filed as such, the Court may order the case to proceed through arbitration and schedule the arbitration hearing at that time.
c. If the case is one initiated by a Writ of Summons to which a complaint has not yet been filed, the Court shall make inquiry of whether Plaintiff anticipates filing a complaint within 90 days of the conference. If a complaint is not anticipated, or the Court deems it appropriate, the Court may schedule a review conference at a time when the Court can re-address the case management order, or the Court may, in its discretion, set a schedule for the filing of a complaint and the close of all pleadings.
d. If the case is an appeal from a civil judgment of the Magisterial District Courts, and a complaint has been filed, the Court may schedule the case for arbitration, or it may, in its discretion, schedule a review conference at a later time.
e. If the case is an appeal from a civil judgment of the Magisterial District Courts, and a complaint has not been filed, the Court shall make inquiry of whether Plaintiff anticipates filing a complaint within 90 days of the conference. If a complaint is not anticipated, or the Court deems it appropriate, the Court may schedule a review conference at a time when the Court can re-address the case management order, or the Court may, in its discretion, set a schedule for the filing of a complaint and the close of all pleadings.
(6) Failure of one or both parties to appear at the time of the case management conference or a party's failure to prepare the case summary as required in subsection (4) may result in sanctions, at the discretion of the Court including, but not limited to:
a. The scheduling of a subsequent conference where one party fails to appear and an award of counsel fees to the party appearing, See 42 Pa.C.S.A. § 2503(7) (relating to dilatory, obdurate or vexatious conduct);
b. The adoption of the proposed schedule provided by the party appearing where one party fails to appear, or by the party in compliance with these rules where one party fails to provide the Court with a case summary;
c. Any other sanction the Court deems appropriate.
(7) Nothing in this section shall be construed as to prevent either party from presenting a motion requesting a case management conference or from the Court sua sponte doing so, pursuant to LR212.2B, such that the Court may enter a new or amended case management order at that time.
Note: Parties are encouraged to engage in pre-trial discovery at the earliest possible opportunity in accordance with the Pennsylvania Rules of Civil Procedure. Nothing contained in this rule should be construed as to prevent the parties from engaging in discovery prior to the case management conference.
FORM 301A
(CAPTION)
LR301 CIVIL CASE SUMMARY
NATURE OF THE CASE 1. Please set forth the general nature of the case:
PENDING/ANTICIPATED PRELIMINARY OBJECTIONS/MOTIONS FOR JUDGMENT ON THE PLEADINGS 2. Are there any pending or anticipated preliminary objections or motions for judgement on the pleadings in this case? Yes ____ No ____
If yes, please provide more detail:
SUGGESTED DATES 3. Set forth suggested dates for the following:
Date by which fact discovery should be completed:
Date by which expert reports should be exchanged:
Dates by which dispositive motions and responses thereto should be filed:
Dates proposed for pre-trial conference:
WRIT OF SUMMONS/MDJ APPEAL 4. Is this a case which has either been initiated by a Writ of Summons or is an appeal of a civil judgment from the Magisterial District Courts and a complaint has not yet been filed? Yes ____ No ____
If so, does the Plaintiff anticipate filing a complaint within 90 days of the case management conference? Yes ____ No ____
ADR 5. Are you interested in attempting to resolve this case by a method of alternative dispute resolution?
Yes ____ No ____a. If yes, select one or more of the following:
Mediation [ ] Arbitration [ ]
Binding 6-Member Jury Panel [ ]* * * * * LR1028(c). Procedures for Disposition of Preliminary Objections.
Except as otherwise permitted by Order of Court for cause shown or by agreement of the parties by filed stipulation, Preliminary Objections shall not exceed five (5) pages in length and supporting briefs as well as briefs in opposition shall not exceed 10 pages in length. Preliminary objections shall be placed on the argument list by the Court Administrator upon the filing of a Praecipe for Argument by either party.
(1) A Praecipe for Argument form can be secured from the Prothonotary. The original must be filed with the Prothonotary and a copy must be delivered by the filing party to the Court Administrator, along with a copy of the preliminary objections.
(2) Upon receipt of a copy of the Praecipe for Argument and the preliminary objection, the Court Administrator shall place the case on a list to be argued, assign the case to a judge and send notice of the date, time and place of oral argument. In appropriate cases, the court may order the matter to be decided on briefs only unless a party requests oral argument thereafter.
(3) Where preliminary objections raise an issue under Pa.R.C.P. 1028(a)(1), (5), (6), (7) or (8), the filing party shall first present a Motion for a Scheduling Order in Civil Motions Court, along with a copy of the preliminary objections which the party intends to file attached as an exhibit and accompanied by an Order in substantially the following form:
ORDER AND NOW, this _____ day of _____ , _____ , upon consideration of the foregoing Motion for a Scheduling Order, it is hereby ordered that:
(1) The attached preliminary objections shall be filed by the moving party, endorsed with a notice to plead, within __ days of this Order;
(2) Non-moving parties shall file response(s) to the preliminary objections, if required, within _____ days of this Order;
(3) All discovery related to the issues raised in the preliminary objections shall be completed by ______ ;
(4) Any evidence that the parties wish the court to consider shall be filed with the Prothonotary by _____ ;
(5) The moving party shall file a Praecipe for Argument with the Court Administrator after the expiration of the discovery period, but no later than ______ .;
(5A) Alternatively, argument shall be held on _____ , ______ at __ : __ in Courtroom __ of the Beaver County Courthouse;
(6) The brief of the moving party shall be filed by ______ and any response briefs shall be filed by ______ ; and
(7) Notice of the entry of this order shall be provided to all other parties by the moving party.
BY THE COURT
_____
J.At the time of the presentation of the motion, the Court shall issue a scheduling Order in accordance with the proposed Order set forth above. Failure of a party to comply with this subsection may result in sanctions.
(4) The briefing schedule is governed by LR211C unless otherwise ordered by the court.
* * * * * LR1301E. Discovery.
Discovery in Compulsory Arbitration cases subject to these rules shall be governed by LR4011 and shall be completed on the last business day of the fourth month after the month of the initial filing, unless leave of court for an extension of time is secured for cause shown.
* * * * * LR1302E. Scheduling of Cases.
(a) All cases subject to Compulsory Arbitration, shall be scheduled for hearing on the arbitration date for the sixth month after the month of the initial case filing.
(b) Upon the initial filing of a case subject to Compulsory Arbitration, the Prothonotary shall issue an Arbitration Order setting forth the deadline for discovery and the Arbitration hearing date. The filing party shall serve a copy of the Arbitration Order with the initial filing and shall deliver a copy of the Arbitration Order to the Court Administrator.
(c) All requests for a continuance with good cause shown must be submitted to and approved by the Court to a date to be selected by the Court Administrator. Copies of all hearing notices shall be filed with proof of mailing.
(d) The Court Administrator shall schedule a sufficient number of cases for hearing on each arbitration day and give written notice of the hearing date to counsel for all parties and to pro se litigants at least forty-five (45) days prior to the scheduled hearing date.
(e) When scheduling cases for hearing, the Court Administrator shall avoid the creation of conflicts of interest with Arbitrators. The notice of hearing shall identify the members of the Board of Arbitration. Any objection to an Arbitrator shall be made to the Court within twenty (20) days of mailing the notice and, if sustained, will be grounds to continue the hearing.
(f) If the case is initiated by Writ of Summons and no Complaint has been filed as of the time of the scheduled arbitration hearing, the Arbitration panel shall refer the case to the Civil Administrative judge for ruling.
(g) All appeals from Arbitration shall be considered an initial case filing pursuant to LR301 and scheduled for a case management conference by the Prothonotary.
* * * * * LR4011. Limitation of Scope of Written Discovery and Deposition.
A. Written discovery in all civil cases shall be limited to 30 written interrogatories, 10 requests for admission, and 15 requests upon a party for production of documents and things, including subparts, unless leave of court to seek additional discovery is first secured for cause shown and except in those cases governed by Pa.R.C.P. 1930.5 (domestic relations matters) and personal injury claims under LR1301A et.seq. (compulsory arbitration).
B. In order to avoid unreasonable annoyance or expense, all requests for discovery or depositions in cases governed by Rule LR1301A et seq. (compulsory arbitration) shall be limited in personal injury claims to the standard interrogatories, attached hereto as Form A and Form B, unless leave of court to seek additional discovery is first secured for cause shown. In cases governed by Rule LR1301A et seq. (compulsory arbitration) which do not involve personal injury claims, discovery shall be governed by LR4011A and LR4011C.
C. In order to avoid unreasonable annoyance or expense, unless otherwise ordered by the Court for cause shown, or by agreement of the parties, discovery depositions shall be limited to 1 1/2 hours in length with an additional 1/2 hour per each additional party. The total accumulated time allotted each side for all discovery depositions shall not exceed five (5) hours.
* * * * * The District Court Administrator is directed to:
1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts;
2. Submit two (2) certified copies of this Administrative Order and a copy on computer diskette or CD-ROM containing the text of the Administrative Order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
3. Submit one (1) certified copy of this Administrative Order to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court;
4. Publish a copy of this Administrative Order on the Beaver County Court of Common Pleas website, http://www.beavercountypa.gov/Depts/Courts/CCP/Pages/LocalRules.aspx, after publication in the Pennsylvania Bulletin;
5. Keep a copy of this Administrative Order continuously available for public inspection and copying in the Office of the Prothonotary of Beaver County; and
6. Keep a copy of this Administrative Order continuously available for public inspection and copying in the Beaver County Law Library.
By the Court
RICHARD MANCINI,
President Judge
[Pa.B. Doc. No. 18-1966. Filed for public inspection December 21, 2018, 9:00 a.m.]
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