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PA Bulletin, Doc. No. 01-900

THE COURTS

Title 255--LOCAL
COURT RULES

WARREN COUNTY

Adoption of Proposed Local Rule L205, Exhibit L205, Proposed/Revised Rule L212, Proposed/Revised Rule L1301, Exhibit L1301; No. 23 of 2001 Misc.

[31 Pa.B. 2683]

Administrative Order No. 1

   And Now, this 3rd day of May, 2001, it is hereby Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Court of Common Pleas of the 37th Judicial District hereby adopts Proposed Local Rule L205, Exhibit L205, Proposed/Revised Rule L212, Proposed/Revised Rule L1301, and Exhibit L1301.

   The Warren County Prothonotary is ordered and directed to do the following:

   1.  File seven (7) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy of this Order and pertinent Rules with the Civil Procedural Rules Committee.

   4.  Keep continuously available for public inspection copies of this Order and Rules in the Prothonotary's Office.

By the Court

PAUL H. MILLIN,   
President Judge

Proposed Local Rule L205. Civil Case Management.

   1.  For all civil cases, excluding domestic relations matters, the Court shall issue a Civil Case Management Order after the close of the pleadings. This Civil Case Management Order shall set dates certain for the completion of discovery, the filing of all pre-trial motions, a pre-trial conference, and jury selection where demanded. The form of the Civil Case Management Order shall be as provided in Exhibit L205.

   2.  If any party determines that the complexity of the case will require an expanded schedule, that party must notify the Court Administrator within 10 days of the entry of the Civil Case Management Order to request a scheduling conference. It shall be the responsibility of the party requesting a scheduling conference to notify all counsel and any parties proceeding pro se of the date, time and place of the scheduling conference.

IN THE COURT OF COMMON PLEAS OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA WARREN COUNTY BRANCH CIVIL

Plaintiff
         VS.No. _____ of 20 __
Defendant

CIVIL CASE MANAGEMENT ORDER

   AND NOW, the Court Administrator having determined that this case is appropriate for a scheduling order, the Court enters the following order:

   1.  All discovery shall be completed within 100 days of this order, by
______ .
(date)

   2.  All pretrial motions shall be filed before
______ .
(date)   

   3.  The pretrial conference will be held on ______ at ____ a.m./p.m. in the ______ Court Room of the Warren County Courthouse. Pre-Trial Conference procedure is set forth in Local Rule L212.

   4.

   __ A.  Jury Selection is scheduled for ______ at _____ a.m./p.m.

   __ B.  A Bench Trial shall be scheduled at the pretrial conference.

   If any party determines that the complexity of the case requires an expanded schedule, that party may request a scheduling conference by contacting the Court Administrator within 10 days of the date of this order. It shall be the responsibility of the requesting party to notify all counsel, and any parties proceeding pro se, of the date, time and place of the scheduling conference.

BY THE COURT

_________________
Paul H. Millin, P.J.

Exhibit L205

Proposed/Revised Rule L212.  Pre-Trial Conference.

   1.  Counsel attending the pre-trial conference must have full and complete authority to stipulate on items of evidence, admissions, and settlement. In the absence of such authority, counsel shall have their client immediately available, either in person or by telephone.

   2.  At the pre-trial conference the parties shall comply with Rule 212 of Rules of Civil Procedure, and in addition thereto shall submit to the Court and other counsel a pre-trial statement containing:

   (a)  A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence, fact or law; and in the event of the latter, supporting citations of counsel's position of the law.

   (b)  A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses. The listing of a witness shall impose no obligation to call the witness or to procure his attendance at trial.

   (c)  Medical reports, including hospital records and the reports of any experts whose opinions will be offered in evidence at time of trial.

   (d)  A specific listing of all non-pecuniary injuries sustained and damages sought in terms of temporary or permanent injury.

   (e)  A list of all exhibits the party intends to use at trial.

   (f)  An estimated length of time which will be required to present the parties' respective cases in chief.

ARBITRATION

Proposed/Revised Local Rule L1301.  Cases for Submission.

   A.  Compulsory arbitration of matters as authorized by Section 7631 of the Judicial Code, 42 Pa.C.S. § 101, et. seq. shall apply to all cases at issue where the amount in controversy shall be twenty-five thousand dollars ($25,000.00) or less.

   The amount in controversy shall be determined from the pleadings or by an agreement of reference filed by the attorneys. The amount in controversy, when determined from the pleadings, shall be the largest amount claimed by any one party.

   In the event that a case within arbitration limits is consolidated with a case involving more than arbitration limits after the former has been referred to a board of arbitrators, the order of consolidation will remove the same from the jurisdiction of the board of arbitrators.

   B.  Any civil action filed that is subject to Compulsory Arbitration under Section 7631 of the Judicial Code, 42 Pa.C.S. § 101, et. seq., as governed by Subpart A of this Rule, shall be designated as an arbitration case on its face sheet.

   C.  Within 20 days of the close of the pleadings, any party to an arbitration case desiring discovery shall notify the Court by filing Exhibit L1301 that it intends to engage in discovery so that the Court may issue a scheduling order pursuant to Local Rule 305. If no party to an arbitration case files Exhibit L1301, the Board of Arbitrators shall be appointed within 30 days of the date the pleadings are closed.

IN THE COURT OF COMMON PLEAS OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA WARREN COUNTY BRANCH CIVIL

Plaintiff
         vs.In Arbitration
No. _____ of 20 __
Defendant

NOTICE

   ______ intends to engage in discovery in
    Plaintiff/Defendant
the captioned case. Discovery is estimated to require _____ days.

_________________
Counsel/Pro Se Party

Exhibit L1301

[Pa.B. Doc. No. 01-900. Filed for public inspection May 25, 2001, 9:00 a.m.]



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