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PA Bulletin, Doc. No. 19-420

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[49 Pa.B. 1360]
[Saturday, March 23, 2019]

Order

 And Now, this 7th day of March, 2019, Dauphin County Local Rules of Civil Procedure 208.3(a), 211 and 212.2 are amended as follows:

Rule 208.3(a). Motion Procedure.

(1) General Procedure.

 (a) Motions are defined in Pa.R.C.P. 208.1. All motions not covered by [subsection (a)(3)] Local Rule 208.3(a)(3) shall be deemed uncontested motions.

 (b) In addition to the requirements regarding the content of a motion found in Pa.R.C.P. 208.2, Dauphin County Local Rules 208.2(c) and 208.2(d) regarding [uncontested motions] concurrence certification, all motions shall contain the following information:

 (i) whether a hearing or argument is requested and the estimated length of time needed for the hearing or argument; and

 (ii) whether discovery is necessary.

 (iii) a copy of the previous Court Order if the motion directly involves that previous Court Order.

 (c) An original and one copy of a motion shall be filed with the Prothonotary and a copy served on all other parties.

 (d) The Prothonotary shall forward the original motion to the Court Administrator's Office and shall retain the copy in the file.

 (e) All motions and answers or responses thereto shall be accompanied by a proposed order (or alternative orders). The proposed order(s) shall contain a distribution legend which shall include the name(s) and mailing address(es), telephone number(s), facsimile number(s) and e-mail address(es), if any, of all attorneys and self-represented parties to be served. The distribution legend shall identify which party each person represents.

(2) Uncontested Motions.

 (a) The [Civil Calendar Judge] Court Administrator's Office shall determine whether the uncontested motion should be ruled upon by the Motion Judge or if it should be assigned to an individual judge for disposition, which decision shall be final. If the uncontested motion seeks to modify an order previously issued by the Court, the Court Administrator shall present it to the judge who signed the previous order, who may act upon the motion or forward it to the [Civil Calendar Judge] Court Administrator's Office for [assignment] re-assignment.

 (b) If the [Civil Calendar Judge] Court Administrator's Office determines that the uncontested motion should be assigned to an individual judge, the Court Administrator's Office shall assign the motion to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.

 (c) The Court Administrator's Office shall forward the uncontested motion to either the Motion Judge or the Assigned Judge for disposition as aforesaid.

 (d) The Assigned Judge or Motion Judge, as the case may be, shall review the motion and issue an appropriate order pursuant to Pa.R.C.P. 208.4.

 (e) If the Assigned Judge determines that argument is advisable to be heard before a three-judge panel, the Assigned Judge and the Court Administrator's Office shall make the necessary scheduling arrangements for such panel argument.

 [(f) Additional rules regarding discovery motions are found in Local Rule 4019, especially those relating to a Motion for Sanctions.]

(3) Contested Motions.

 A party filing a contested motion or a motion deemed contested pursuant to Dauphin County Local Rule 208.3(b)(1) shall follow the procedure set forth in Dauphin County Local Rule 208.3(b).

(4) Emergency Motions:

 (a) Motions that genuinely require an expedited disposition shall be designated as Emergency Motions by the filing party and clearly indicated as such in the title of the motion contained on the first page thereof.

 (b) The attorney or [pro se] self-represented party shall promptly notify the Deputy Civil Court Administrator's Office by telephone as soon as it is determined that an Emergency Motion will be filed, and shall give the Deputy Civil Court Administrator's Office a realistic estimate of the date and time of the intended filing, a [detailed] description of the background of the motion, and the requested relief.

 (c) An original and one copy of the Emergency Motion shall be filed with the Prothonotary.

 (d) After filing, the original shall be hand-carried by counsel or the [pro se] self-represented party to the Deputy Court Administrator's Office, and the Prothonotary shall retain the copy in the file. When handing the emergency motion to the Deputy Court Administrator's Office, the filing party shall advise the Office that the filing is an emergency.

 (e) The Court Administrator's Office shall assign the Emergency Motion to a judge to be resolved as soon as practical.

 (5) Except for motions seeking to modify previous orders, see Local Rule 208.3(a)(2)(a), all issues relating to the administration, filing, and processing of judicial assignments relating to motions shall be under the direction and supervision of the Civil Calendar Judge.

 (6) Additional rules regarding discovery motions are found in Local Rule 4019, especially those relating to a Motion for Sanctions.

 Comment: Rule 208.3(a) is amended to provide instructions regarding contested and uncontested motions.

Rule 211. Oral Argument.

 [Any party has a right to argue any motion, and the Court may require oral argument.] Any party may request oral argument on a motion, and the Court may require oral argument whether or not requested by a party. The court may dispose of any motion without oral argument. If desired by any party involved in a motion, an oral argument request must be so noted on the Certificate of Readiness. If the party filing the Certificate of Readiness does not desire oral argument, counsel or that party if unrepresented shall inquire if any other party filing a brief wishes to present oral argument. If no oral argument is requested by any party, it must be so noted on the Certificate of Readiness. By filing a completed Certificate of Readiness, counsel or an unrepresented party certifies that said inquiry has been made and that the wishes of all interested parties are accurately reflected. Failure to indicate whether or not oral argument is requested shall result in the rejection of the Certificate of Readiness.

Rule 212.2. Contents of Pre-Trial Statements.

 In addition to requirements of Pa.R.C.P. 212.2, the pre-trial statement shall include:

 (a) a brief narrative statement of the case and legal issues;

 (b) a list of the types and amounts of all damages claimed;

 [(a)] (c) the estimated length of trial;

 [(b)] (d) any scheduling problems;

 [(c)] (e) any special evidentiary issues;

 [(d)] (f) a realistic settlement offer or demand;

 [(e)] (g) a certification that counsel discussed mediation in good faith with his or her client(s) and with opposing counsel and with all unrepresented parties, if any, in accordance with Dauphin County Local Rule 1001.

 (h) the names of all witnesses;

 (i) copies of all expert reports;

 (j) stipulations agreed and stipulations desired.

 A courtesy copy shall be served on the judge's chambers.

 The amendments to Rules of Civil Procedure 208.3(a), 211 and 212.2 shall be published in the Pennsylvania Bulletin and effective thirty (30) days from the date of publication.

By the Court

RICHARD A. LEWIS, 
President Judge

[Pa.B. Doc. No. 19-420. Filed for public inspection March 22, 2019, 9:00 a.m.]


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