THE COURTS
Title 255—LOCAL COURT RULES
INDIANA COUNTY
Local Rule 1910.12(c) Motion to Designate Support Case as Complex; MD-451-2024
[55 Pa.B. 253]
[Saturday, January 11, 2025]
Order of Court And Now, this 23rd day of December, 2024, in compliance with Rule 103(d) of the Pennsylvania Rules of Judicial Administration, it is Hereby Ordered that the Court adopts the following Local Rule of Civil Procedure 1910.12(c) addressing Motions to Designate Support Cases as Complex effective March 1, 2025.
The Court Administrator shall:
1) File one certified copy of this Order with the Administrative Office of Pennsylvania Courts to adminrules@ pacourt.us;
2) Submit two paper copies of this Order to the Legislative Reference Bureau and one electronic copy in Microsoft Word format only to Bulletin@palrb.us for publication in the Pennsylvania Bulletin;
3) Provide one copy of this Order to the members of the Indiana County Bar Association;
4) Incorporate the Rule into the set of Local Rules within thirty (30) days of publication of the Local Rule in the Pennsylvania Bulletin and publish the rules on the Court's website at www.IndianaCountyPA.gov;
5) File this Order in the Prothonotary's Office of Indiana County.
Rule L1910.12(c).
(4) When a party wishes to deem a case complex under Pa.R.Civ.Pro. 1910.12(c), that party shall file a Motion to Designate Support Case as Complex with the Indiana County Domestic Relations Section in substantially the form which is set forth in Form 1 appended to these Rules.
(5) The Motion to Designate Support Case as Complex shall be filed no later than ten (10) days after the conclusion of the office conference.
(6) Upon the filing of the Motion to Designate Support Case as Complex, the matter shall be referred to the Indiana County Court Program Manager. The Court Program Manager shall schedule a case management conference that will take place between with counsel for the parties and/or any unrepresented parties.
(7) At the case management conference, the Court Program Manager shall ascertain whether the parties agree that the case should be designated as complex. In the event that the parties agree that the case shall be designated as complex, an appropriate Order will be submitted to the Court deeming the case complex and containing those matters set forth in subsection (8) of this Local Rule. In the event that the parties do not agree that the case shall be designated complex, the Court Program Manager will schedule a hearing and/or argument on the matter to take evidence and testimony by the parties. Following the hearing and/or argument, the Court Program Manager will file and serve a Report and Recommendation with the Court on whether the case should be designated as complex. Within twenty (20) days of the receipt or date of mailing of the Court Program Manager's Report and Recommendation, whichever occurs first, any party may file exceptions to the report. Each exception shall set forth a separate objection precisely and matters not covered by exceptions are deemed waived unless leave is granted by the Court. If no timely exceptions are filed, the Report and Recommendation will be adopted by the Court.
(8) In the event that the parties agree that the case shall be designated as complex or a determination has been made that it will be designated as complex, the Court Program Manager may, at a conference, consider and submit an Order to the Court addressing the following matters:
(a) The type of discovery to be conducted;
(b) The time period for the completion of all fact discovery. All interrogatories, request for the production of documents, depositions, and request for admissions shall be served within sufficient time to allow responses to be completed prior to the close of fact discovery;
(c) The scheduling of a second case management conference after the time period for the completion of fact discovery has concluded; and
(d) Any other matters relevant or deemed necessary to the case.
(9) At the second and all subsequent case management conferences, the Court Program Manager may consider and submit an Order to the Court addressing the following matters:
(a) Whether fact discovery is completed;
(b) The time period for the plaintiff to provide an expert report and curriculum vitae for each expert to the opposing party;
(c) The time period for the defendant to provide an expert report and curriculum vitae for each expert to the opposing party;
(d) The submission of the matter to the Indiana County Domestic Relations Hearing Officer for a hearing de novo; and
(e) Any other matters relevant or deemed necessary to the case.
(10) The following shall apply to this Local Rule:
(a) An attorney representing a party or an unrepresented party shall participate in good faith in all case management conferences and shall have the necessary authority to make decisions and stipulations about all matters that can be reasonably anticipated for discussion at the case management conference;
(b) In the event a party and/or an attorney for a party does not show for a case management conference, the Court Program Manager is authorized to enter an appropriate Case Management Order;
(c) A case management conference shall not be continued except upon written motion to the Court and for good cause shown;
(d) The parties may not, individually or by agreement, alter or extend the deadlines of a Case Management Order, or waive any of the provisions of the Order; however, the Court, by motion of any party and upon good cause shown, may grant appropriate relief and/or order the scheduling of a case management conference before the Court Program Manager; and
(e) Upon motion of a party, or sua sponte, the Court may issue any just orders and/or sanctions, including the imposition of fines and reasonable attorney's fees, for violations of this Local Rule or a Case Management Order.
By the Court
THOMAS M. BIANCO,
President Judge
Form 1
IN THE COURT OF COMMON PLEAS OF INDIANA COUNTY, PENNSYLVANIA
CIVIL DIVISION
_________________ , : : Docket No. 20 ____ - _________________ Plaintiff,
: : PACSES No. _________________ vs. : : _________________ , : : Defendant. :
MOTION TO DESIGNATE SUPPORT CASE AS COMPLEX AND NOW, the Plaintiff/Defendant moves this Honorable Court to designate the above captioned case as complex and in support thereof avers as follows:
1. On or about _________________ , 20 ____ , a Complaint for Child/Spousal/Both was filed or a Petition for modification of an existing support Order.
2. An office conference was held on _________________ , 20 ____ , and an Order of Support was entered.
3. A request for a hearing de novo was filed or will be filed.
4. The case is complex for the following reasons: _________________________________________________________
_______________________________________________
_______________________________________________ .5. The following discovery is being requested: _________________________________________________________
_______________________________________________ .6. I have conferred with the opposing counsel/party on the issue and the parties agree/disagree that the matter shall be designated complex.
Respectfully submitted,
__________
Counsel for the Plaintiff/Defendant
IN THE COURT OF COMMON PLEAS OF INDIANA COUNTY, PENNSYLVANIA
CIVIL DIVISION
_________________ , : : Docket No. 20 ____ - _________________ Plaintiff,
: : PACSES No. _________________ vs. : : _________________ , : : Defendant. :
ORDER OF COURT AND NOW, this ____ day of _________________ , 20 ____ , this matter having come before the Court on the Motion to Designate Support Case as Complex filed by Plaintiff/Defendant, it is hereby ORDERED, DIRECTED, and DECREED as follows:
1. Pursuant to Local Rule 1910.12(c), the Motion to Designate Support Case as Complex is referred to Mathew G. Simon, Esquire, Court Program Manager for a case management conference on the issue regarding the designation of the case as complex and, if necessary, discovery deadlines.
2. A case management conference is scheduled for the ____ day of _________________ , 20 ____ at ______ ____ .M. in the office of the Court Program Manager, Floor 4M of the Indiana County Courthouse.
BY THE COURT:
__________J.
[Pa.B. Doc. No. 25-32. Filed for public inspection January 10, 2025, 9:00 a.m.]
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