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PA Bulletin, Doc. No. 97-183



Amendments to Rules of Civil Procedure:  Motions; 97 00100

[27 Pa.B. 727]


   And Now, this 13th day of January, 1997, it is hereby Ordered and Directed as follows:

   1.  The following changes to the Lycoming County Rules of Civil Procedure are hereby promulgated and will become effective thirty (30) days after publication in the Pennsylvania Bulletin:

   a.  Lycoming County Rules of Civil Procedure L206, L210, L210.1, L210.2, L210.3, L211, L211.1 and L211.2 are rescinded.

   b.  New rules L206, L206.5, L206.7, L210, L219 and L4019 are hereby promulgated.

   2.  The Prothonotary is directed to:

   a.  File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts.

   b.  Distribute two (2) certified copies of this order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   c.  File one (1) certified copy of this order with the Civil Procedural Rules Committee.

   d.  Forward one (1) copy of this order to the Lycoming Reporter for publication therein.

   e.  Keep continuously available for public inspection copies of this order.

By the Court

President Judge

L206.  Motion Procedure.

   A.  Application. The procedure set forth in this rule shall apply to every request for relief, whether by petition, motion, preliminary objection, exception, statutory appeal or stipulation, that the filing party desires to bring before the court.

   B.  Cover sheet. A cover sheet substantially in the form set forth in subsection G below shall be attached to the front of every request for relief to which this rule applies. The cover sheet shall be so attached whether or not a rule to show cause is required by Lyc.Co.R.C.P. L206.5. If a cover sheet is not attached as required by this rule, the court will not act upon the request for relief until an appropriate cover sheet is filed. If the filing party does not attach a cover sheet as required by this rule, a cover sheet, along with a copy of the original motion may be filed by any party.

   C.  Filing. Every request for relief to which this rule applies shall be in writing and shall set forth the statute or rule of court relied upon to justify the relief requested. Any such request for relief shall be filed in duplicate with the prothonotary and shall include a certificate of service which shall state the date and manner of service upon the parties or their counsel.

   D.  Proposed order. An order granting the relief requested shall be attached to the cover sheet.

   E.  Expedited Consideration. If expedited consideration by the court is requested or required by statute or rule of procedure, the reason for such consideration shall be set forth on the cover sheet. Such consideration may be requested if the date of the pre-trial conference has been set or if the case has already been pre-tried. The statute or rule under which expedited consideration is required shall be cited.

   F.  Scheduling. The court shall schedule argument, hearing or briefing as required, note the scheduling information on the cover sheet, and issue the scheduling order appearing on the cover sheet. The due dates of briefs, if ordered, shall also be noted on the cover sheet. the prothonotary shall forward the completed cover sheet to the filing party or counsel. The filing party or counsel shall be responsible for identifying all parties or their counsel on the cover sheet and for serving the completed cover sheet upon all parties or their counsel. If a party was not served with a copy of the executed cover sheet as a result of an omission of the filing party, the argument or hearing may be rescheduled or, in the discretion of the court, the request for relief may be denied.

   G.  Form. The form of the cover sheet shall be substantially as follows:


(CAPTION)Docket No. _________________
Case Assigned to Judge _________________
                                   None [  ]
1.  Name of Filing party _________________2.  Filing party's attorney:
3.  Type of filing: _________________
  4.  The following is/are required:
[  ]  Issuance of a rule to show cause
[  ]  Argument
[  ]  Factual Hearing
[  ]  Court conference
[  ]  Entry of an order in an uncontested matter or upon agreement of the parties (attach all supporting documentation)
[  ]  Expedited consideration. State the basis:
6.  Name and addresses of all counsel of record and unrepresented parties. (Continue on separate sheet.)
  5.  Time required: _________________


   An (argument) (factual hearing) (court conference) is scheduled for _________________ at ____ m. in courtroom no. ____ .

   Briefs (are)(are not) required. Filing party's brief is due _________________ . Responding brief[s] is [are] due _________________ .



L206.5.  Rules to Show Cause.

   The rule to show cause procedure of Pa.R.C.P. No. 206.5 is adopted. A rule to show cause shall be filed only under the circumstances set forth in Pa.R.C.P. No. 206.5(a) and in the case where discovery is required for the court to decide the petition or where a stay is requested. These rules recognize no other use of a rule to show cause. If a rule to show cause is improperly filed, the court shall ignore the rule to show cause and proceed under Rule L206, unless the court determines that the issuance of a rule to show cause will serve the interests of justice in the particular case.

L206.7.  Procedure After Issuance of Rule to Show Cause.

   A.  Briefs, if required, will be ordered by the court.

   B.  The court will consider the petition and answer, and discovery and briefs, if any, at the time set for argument or hearing.

L.210.  Briefs.

   A.  The court may order briefs. If briefs are ordered, the completed cover sheet shall indicate the due dates of the briefs.

   B.  Three copies of all briefs shall be filed with the prothonotary. All parties shall be served with a copy of the brief contemporaneously with the filing of the brief.

   C.  Where briefs are required and are not timely filed, the court may treat the request for relief as having been submitted by the defaulting party and proceed ex parte, or impose such other sanction as it shall deem appropriate.

L4019.  Discovery Motions.

   A.  All motions to compel or for a protective order shall include a certification by moving counsel that concurrence in the motion was sought from opposing counsel. The certification shall be contained on a separate page and attached to the end of the motion. The certification shall state the following information:

   1.  the manner in which concurrence was sought; and,

   2.  whether or not concurrence was given, and if given in part and denied in part, the extent to which concurrence was given.

   If contact with opposing counsel can not be made prior to the filing of the motion, the moving party shall so state in the certification. The moving party has a continuing obligation to contact opposing counsel to secure the concurrence or nonconcurrence of counsel.

   B.  Concurrence need not be sought from pro se parties. The certification required in A above shall state that concurrence was not sought for this reason.

   C.  Concurrence may not be unreasonably refused by opposing counsel. If the court finds that concurrence was properly sought, and unreasonably refused, the court may award attorneys fees and expenses to the moving party, and may impose such other sanctions as are permitted by the Pennsylvania Rules of Civil Procedure.

   D.  If a motion to compel discovery is accompanied by an affidavit or verified statement documenting compliance with the Pennsylvania Rules of Civil Procedure by the moving party in making the discovery requests to the opposing party and stating that the opposing party has failed to timely object or respond to the discovery request, the court in its discretion, may, without hearing or argument, issue an order compelling service of the discovery response. If the discovery response is not served as directed by the court order, the moving party may file a Rule L206 cover sheet requesting a hearing or argument on the original motion. If, after hearing or argument, the court finds that the responding party has not complied with the court order, the responding party shall be subject to sanctions under Pa.R.C.P. No. 4019, whether or not such sanctions are demanded in the original motion.

[Pa.B. Doc. No. 97-183. Filed for public inspection February 7, 1997, 9:00 a.m.]

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