106 Amendments to the rules of civil procedure; doc. no. 11 00006?  

  • Title 255—LOCAL
    COURT RULES

    LYCOMING COUNTY

    Amendments to the Rules of Civil Procedure; Doc. No. 11 00006

    [41 Pa.B. 521]
    [Saturday, January 22, 2011]

    Order

    And Now, this 3rd day of January, 2011, it is hereby Ordered and Directed as follows:

     1. Lycoming County Rules of Civil Procedure L205.2(a) and L1915.8 shall be amended as set forth as follows. (Bold text is new language; bold and bracketed text is removed language.)

     2. The following Lycoming County Rules of Civil Procedure are rescinded: L1910.1, L1910.4, L1910.5, L1910.8, L1910.13, L1914, L1915.3-4, L1920.2, L1920.3, L1920.15, L1920.73, L1920.74, L1920.75, L1920.76 and L1920.77.

     3. The Prothonotary is directed to:

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

     b. Forward two (2) certified copies of this order and a computer disk containing the text of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

     c. Forward one (1) certified copy of this order to the Pennsylvania Civil Procedural Rules Committee.

     d. Forward one (1) copy of this order to the chairman of the Lycoming County Customs and Rules Committee.

     4. The revision to Rule L205.2(a) shall become effective immediately after its posting on the Pennsylvania Judiciary's Web Application Portal.

     5. The remainder of the revisions shall become effective 30 days after the publication of this order in the Pennsylvania Bulletin.

    By the Court

    NANCY L. BUTTS, 
    President Judge

    L205.2. Filing Legal Papers with the Prothonotary.

     (a) Size of paper. Number of copies. All pleadings, motions, petitions, briefs and other legal documents filed with the prothonotary shall be on paper size 8 1/2 inches by 11 inches, unless otherwise required by rule or order of court. [Any document more than three pages in length may be printed on both sides of the paper.] The original and one copy of all documents to which rule L205.2(b)B applies shall be filed. Unless otherwise required by another applicable rule or order of court, only the original of a brief or any other document is required to be filed.

     (b) Reguired cover sheets . . . .

    L1915.8. Physical/Mental/Psychological Examinations and Home Studies.

     A. Upon agreement of the parties at the initial conference, the hearing officer may include in the recommended interim order a direction that the parties obtain physical, mental or psychological examinations and/or home studies, prior to the date of the pre-trial conference and may establish a date by which the parties must make the initial arrangements. [Where mediation is utilized, the order may provide that the evaluation be undertaken during the mediation process, deferred until mediation is complete or be left for consideration at the pre-trial conference.]

     B. Any request by the parties for evaluations made after the initial conference and not made at the pre-trial conference or entered into by stipulation must be made by motion in accordance with Pa.R.C.P. No. 1915.8, alleging specific facts and reasons for the request, with a hearing to be held after reasonable notice to the other party.

     C. Unless otherwise directed by the court or hearing officer or agreed upon by the parties, the expense of any evaluation shall be borne initially by the party requesting the evaluation and shall be paid in accordance with Pa.R.C.P. No. 1915.8. A final allocation of the expense may be made by the court upon entry of an order or decision rendered on any issues raised in the proceeding.

     D. Any evaluation filed with the court shall not be available for public inspection and shall be impounded by the prothonotary.

    [Pa.B. Doc. No. 11-106. Filed for public inspection January 21, 2011, 9:00 a.m.]

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