Title 255—LOCAL
COURT RULESBEDFORD COUNTY Local Rule Amendments; No. 3 for 2013 Administrative Doc. [43 Pa.B. 5991]
[Saturday, October 12, 2013]Order of Court And Now, this 12th day of September, 2013, the Court hereby adopts the following new Local Rules:
1. Rule of Criminal Procedure 300.1. Summary Case ARD.
2. Rule of Civil Procedure 211.1. Non-Appearance of Oral Argument.
3. Rule of Civil Procedure 212.7. Motion Required for Placement on Civil Trial List.
4. Rule of Civil Procedure 212.8. Pre-Trial Conference.
The Court hereby adopts amendments to the following existing Local Rules:
1. Rule of Civil Procedure 1028(c). Preliminary Objections.
2. Rule of Civil Procedure 1034(a). Motion for Judgment on the Pleadings.
3. Rule of Civil Procedure 1035.2(a). Motions for Summary Judgment.
4. Rule of Judicial Administration 1901.
A copy of said Local Rules follows this Order and said Local Rules shall be effective in the 57th Judicial District of the Commonwealth of Pennsylvania thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
THOMAS S. LING,
President JudgeRules of Criminal Procedure Rule 300.1. Summary Case ARD.
(A) The District Attorney of Bedford County has filed a certification pursuant to Pa.R.Crim.P. 300, and:
(1) has elected that ARD in summary cases shall exclusively proceed in the Court of Common Pleas pursuant to the procedures in Pa.R.Crim.P. 302, and
(2) has designated the following classes of offenses and/or offenders, in addition to those which are statutorily excluded, as ineligible for summary case ARD:
(a) any violation of Title 18 (Crimes Code) where the alleged offender is over twenty-one (21) years of age,
(b) violations arising out of Title 24 (relating to Education),
(c) violations arising out of Title 75 (relating to Vehicles),
(d) any violation that results in serious bodily injury and/or death of any person.
(B) Summary cases shall not be submitted for ARD consideration before the minor judiciary under Pa.R.Crim.P. 301.
(C) Summary cases submitted for ARD consideration by the District Attorney shall proceed pursuant to Pa.R.Crim.P. 311 through Pa.R.Crim.P. 315.
(1) Upon being notified that the District Attorney is moving a summary case for ARD consideration, a hearing under Pa.R.Crim.P. 312 et seq. shall be scheduled for the next available date reserved for Summary Appeal hearings.
(D) If the judge finds that ARD is an appropriate disposition in the case, the following conditions may be imposed:
(1) court costs,
(2) a program fee of not less than $100, nor more than $500,
(3) payment of restitution,
(4) probation under the supervision of the Bedford County Office of Probation and Parole for a term not to exceed three (3) months,
(5) successful completion of a Youth Alcohol Awareness Program,
(6) successful completion of an Outpatient Drug and Alcohol Program,
(7) completion of community service hours,
(8) any conditions as may be agreed to by the parties, or
(9) any other conditions that the judge believes are reasonable and appropriate.
(E) The procedures for refusal, violation, completion and/or termination of ARD programs in summary cases shall be in accordance with Pa.R.Crim.P. 317 through Pa.R.Crim.P. 320.
Rules of Civil Procedure Rule 211.1. Non-Appearance at Oral Argument.
If all parties fail to appear for oral argument scheduled upon a motion, and have not first obtained Court approval for their non-appearance, the motion at issue shall be dismissed without prejudice of being re-filed and re-scheduled for argument.
Rule 212.7. Motion Required for Placement on Civil Trial List.
It shall be the responsibility of the parties in every civil action to notify the court when the matter is ready to proceed to trial. The parties shall do so by filing a motion that requests the judge to schedule a pre-trial conference and place the case on the civil trial list.
Rule 212.8. Pre-Trial Conference.
When a pre-trial conference has been scheduled pursuant to Local Rule 212.7, the parties shall file a concise pre-trial statement no later than seven (7) days before the date of the pre-trial conference. The pre-trial statement shall be no longer than three (3) pages and contain
(a) a brief summary of the facts of the case;
(b) whether the case is to be tried by jury or without a jury;
(c) an estimate of the number of days required for trial;
(d) a list of any presently outstanding pre-trial motions awaiting decision.
Rule 1028(c). Preliminary Objections.
All preliminary objections shall be filed in the Prothonotary's Office, which will then forward the preliminary objections to the Court Administrator's Office for scheduling. Argument for preliminary objections shall be scheduled for the next available Motions Court date. The Prothonotary's Office shall notify all counsel of record and/or unrepresented parties of the scheduling. Briefs shall be filed no later than seven (7) days prior to the date of argument. In the event there is an agreement amongst all parties to submit the matter on briefs, without oral argument, the request shall be made in writing to the Court Administrator.
Rule 1034(a). Motion for Judgment on the Pleadings.
The procedure for Motions for Judgment on the Pleadings shall be the same as that for Preliminary Objections.
Rule 1035.2(a). Motions for Summary Judgment.
The procedure for Motions for Summary Judgment shall be the same as that for Preliminary Objections.
Rules of Judicial Administration Rule 1901.
(A) The Prothonotary shall list for general call at the first Motions Court date held after September 1 of each year all civil matters in which no action or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record, and to parties for whom no appearance has been entered, as provided by Pa.R.J.A. 1901(c). If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the Prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.
(B) The clerk of court shall list at the first Motions Court date held after September 1 of each year all criminal proceedings in which no action or proceedings have been taken for two years or more prior thereto and shall give notice thereof to the District Attorney, any private prosecutor and the defendant, as provided by Pa.R.J.A. 1901(c). If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.
**Note: Local Rules 1028(c), 1034(a), 1035.2(a), and 1901 are amendments to the existing Local Rules.
[Pa.B. Doc. No. 13-1888. Filed for public inspection October 11, 2013, 9:00 a.m.]
