THE COURTS
Title 255—LOCAL COURT RULES
SCHUYLKILL COUNTY
Administrative Order; No. S262-24
[54 Pa.B. 717]
[Saturday, February 17, 2024]
Administrative Order And Now, this 7th day of February, 2024, it is Ordered and Decreed that this Court adopts the following Rule of Civil Procedure regarding Board of Viewers:
The Schuylkill County Court Administrator is Hereby Ordered to:
1. Distribute one copy of the Rule to the Administrative Office of Pennsylvania Courts via email at adminrules@ pa.courts.us.
2. Distribute two paper copies of the Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Distribute one copy of the Rule to the Legislative Reference Bureau via email at bulletin@palrb.us in a Microsoft Word format.
4. Publish the local Rule on the Schuylkill County Court's website.
5. Incorporate the local Rule into the set of local Rules on this Court's website within 30 days after the publication of the Rule in the Pennsylvania Bulletin.
6. File one copy of the local Rule in the Office of the Prothonotary of Schuylkill County.
By the Court
JACQUELINE L. RUSSELL,
President JudgeRule 301. Boards of Viewers.
(a) Composition and Appointment of Boards of Viewers Pursuant to 42 Pa.C.S.A. § 2142
The President Judge shall appoint the members of the Board of Viewers for a term of office of not less than three nor more than six years. The members shall be adult residents of Schuylkill County and at least one-third of the members shall be members of the bar of the Commonwealth. The President Judge shall fill the vacancy in an unexpired term of a board member. All appointments shall be subject to the power of the President Judge to remove members without cause and to appoint successors.
(b) Petitions for Appointment of a Board of Viewers
Petitions for appointment of a panel of the Board of Viewers shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) and shall comply with Sch.R.C.P. 206.1(a). In case of a vacancy in the panel appointed in a specific case before the panel takes its final action, the President Judge shall fill such vacancy by appointing another member of the Board of Viewers to the panel.
(c) Appeals from Decision of Viewers
Any party who appeals to the Court from the decision of the Viewers shall comply with 26 Pa.C.S.A. § 517, and shall file a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b).
(d) Stenographic Notes
(1) Stenographic notes of a hearing shall be taken and a transcript prepared for the Viewers' use whenever the Viewers decide such is necessary. The cost of taking the stenographic notes and of the original transcript shall be paid by the County. An interested party may obtain a copy of the transcript upon payment of such sum fixed from time to time by the Court.
(2) Whenever, in the opinion of the Viewers, it is not necessary to have stenographic notes taken, but an interested party has stenographic notes of a hearing taken, that party shall pay for the taking and/or the transcribing of the stenographic notes if ordered by that party. However, in the event the Viewers elect to have the notes transcribed, the cost of the original transcript shall be paid by the County, and an interested party may obtain a copy of the transcript upon payment of such sum fixed from time to time by the Court.
(3) Arrangements for the taking and transcription of stenographic notes shall be made exclusively through the Court Reporters Office of the Schuylkill County Court of Common Pleas.
(e) Compensation of Viewers
(1) Compensation of Viewers shall be on a case by case basis in an amount fixed by the Court. The Chairman of the Board of Viewers shall file a petition for compensation of the Viewers directed to the President Judge at the time the Report of the Board of Viewers is filed.
(2) Compensation approved by the President Judge pursuant to a Petition for Compensation shall be paid to the Viewers by the County.
Note: This Rule supersedes prior Rule 301.
Effective Date: This Rule is effective 60 days after publication in the Pennsylvania Bulletin.
Rule 301. Boards of Viewers.
(a) Composition and Appointment of Boards of Viewers Pursuant to 42 Pa.C.S.A. § 2142
The President Judge shall appoint the members of the Board of Viewers for a term of office of not less than three nor more than six years. The members shall be adult residents of Schuylkill County and at least one-third of the members shall be members of the bar of the Commonwealth. The President Judge shall fill the vacancy in an unexpired term of a board member. All appointments shall be subject to the power of the President Judge to remove members without cause and to appoint successors.
(b) Petitions for Appointment of a Board of Viewers
Petitions for appointment of a panel of the Board of Viewers shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) and shall comply with Sch.R.C.P. 206.1(a). In case of a vacancy in the panel appointed in a specific case before the panel takes its final action, the President Judge shall fill such vacancy by appointing another member of the Board of Viewers to the panel.
(c) Appeals from Decision of Viewers
Any party who appeals to the Court from the decision of the Viewers shall comply with 26 Pa.C.S.A. § 517, and shall file a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b).
(d) Stenographic Notes
(1) Stenographic notes of a hearing shall be taken and a transcript prepared for the Viewers' use whenever the Viewers decide such is necessary. The cost of taking the stenographic notes and of the original transcript shall be paid by the County. An interested party may obtain a copy of the transcript upon payment of such sum fixed from time to time by the Court.
(2) Whenever, in the opinion of the Viewers, it is not necessary to have stenographic notes taken, but an interested party has stenographic notes of a hearing taken, that party shall pay for the taking and/or the transcribing of the stenographic notes if ordered by that party. However, in the event the Viewers elect to have the notes transcribed, the cost of the original transcript shall be paid by the County, and an interested party may obtain a copy of the transcript upon payment of such sum fixed from time to time by the Court.
(3) Arrangements for the taking and transcription of stenographic notes shall be made exclusively through the Court Reporters Office of the Schuylkill County Court of Common Pleas.
(e) Compensation of Viewers
(1) Compensation of Viewers shall be on a case by case basis in an amount fixed by the Court. The Chairman of the Board of Viewers shall file a petition for compensation of the Viewers directed to the President Judge at the time the Report of the Board of Viewers is filed.
(2) Compensation approved by the President Judge pursuant to a Petition for Compensation shall be paid to the Viewers by the County.
Effective Date: This Rule is effective 60 days after publication in the Pennsylvania Bulletin.
[Pa.B. Doc. No. 24-181. Filed for public inspection February 16, 2024, 9:00 a.m.]
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