1924 In the matter of the adoption and amendment of local rules of civil procedure; misc. doc. 20104219
FRANKLIN AND FULTON COUNTIES In the Matter of the Adoption and Amendment of Local Rules of Civil Procedure; Misc. Doc. 2010-4219 [40 Pa.B. 5764]
[Saturday, October 9, 2010]September 20, 2010, It Is Hereby Ordered that the following Rules of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, Civil Division, are amended, rescinded or adopted as indicated this date, to be effective thirty (30) days after publication in the Pennsylvania Bulletin:
Local Rule of Civil Procedure 205.1.2 is rescinded and Rule 205.1(a) is adopted.
Local Rule of Civil Procedure 205.2(a) is adopted.
Local Rule of Civil Procedure 206.1(a) is amended and shall now read as follows.
Local Rule of Civil Procedure 206.4(c) is amended and shall now read as follows.
Local Rule of Civil Procedure 208.2 is amended and shall now read as follows.
Local Rule of Civil Procedure 208.3 is amended and shall now read as follows.
Local Rule of Civil Procedure 211 is amended and shall now read as follows.
It Is Further Ordered that The District Court Administrator shall
1. Distribute two (2) certified paper copies and one (1) computer diskette or CD-ROM copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
2. File one (1) certified copy of the local rule changes with the Administrative Office of Pennsylvania Courts.
3. Provide one (1) certified copy of the local rule changes to the Supreme Court of Pennsylvania Civil Procedural Rules Committee.
4. Publish a copy of the local rule changes as required on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
5. Provide one (1) certified copy of the Local Rule changes to the Franklin County Law Library and one (1) certified copy to the Fulton County Law Library.
6. Keep such local rule changes, as well as all local civil rules, continuously available for public inspection and copying in the Office of the Prothonotary of Franklin County and the Office or the Prothonotary of Fulton County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
7. Arrange to have the local rule changes published on the Franklin County Bar Association web site at www. franklinbar.org.
By the Court
DOUGLAS W. HERMAN,
President JudgeLocal Rule 211. Oral Arguments.
39-211.1 Except as otherwise provided by the Court, arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the argument shall be held on as scheduled by the Court; and in the Fulton County Branch, arguments shall be held on days as established by the annual Court calendar or as scheduled by the Court.
39-211.2 In the Franklin County Branch, causes for argument shall be listed in the Prothonotary's office in a docket to be provided for that purpose, on or before the Thursday which is six (6) weeks preceding the day for argument. Any party may list a cause by filing a Praecipe directing the Prothonotary to list the cause for argument. In the Fulton County Branch, causes for argument may be listed in the Prothonotary's office in a docket to be provided for that purpose upon Praecipe of a party filed at least six (6) weeks before the argument is to be scheduled before the assigned judge. The party entering a cause for argument shall forthwith, by ordinary mail, notify all other parties that the cause has been listed for argument; and shall file proof of service of such notice. Failure to give such notice shall be grounds for striking the cause from the list upon Motion.
39-211.3 The parties may agree in writing to add a cause to the argument list at any time so long as service of briefs may be made in accordance with the time requirements of Rule 39-211.7. The Court may order a cause listed for argument at the next scheduled argument court or on such other day as it may direct and, in that event, it may set the time for service of briefs.
39-211.4 When the ascertainment of facts is necessary for the proper disposition of a cause listed for argument, such facts may be determined by deposition or as otherwise provided in the Pennsylvania Rules of Civil Procedure.
39-211.5 The person seeking the order applied for shall argue first, and may also argue in rebuttal, if permitted by the Court, but such rebuttal shall be limited to answering arguments advanced by the opposing party. In causes where there is more than one responding party, the order of argument by the responding parties shall be as directed by the Court.
39-211.6 Each party shall furnish to every other party a typewritten brief in the form set forth in Local Rule 210, Form and content of Briefs.
39-211.7 When a case is listed for argument, the moving party shall file and serve a copy of his brief upon all other parties in the manner set forth in Pa.R.C.P. 440(a) to insure receipt by the responding party not later than the thirty-fifth (35th) day preceding the day scheduled for argument. The responding party shall, in return, serve a copy of his brief upon the moving party in the manner set forth in Pa.R.C.P. 440(a) to insure receipt by the moving party not later than the twenty-eighth (28th) day preceding the day scheduled for argument. At the time each party serves his brief, he shall furnish two copies thereof to the assigned judge.
39-211.8 Unless the time for filing and serving briefs is extended by the Court for cause shown, where briefs have not been timely filed and served as required by Rule 39-211.7, the Court may upon its own motion or upon request of a party:
(1) Deny the relief requested where the moving party has failed to comply;
(2) Grant the requested relief where the responding party has failed to comply;
(3) Permit oral argument, but only by the complying party;
(4) Grant such other relief or impose such other sanctions as it shall deem proper.
39-211.9 With the approval of the Court, oral argument may be dispensed with by agreement of the parties and the matter shall be submitted to the Court on briefs filed.
39-211.10 Cases shall be continued or stricken from the argument list only pursuant to order of Court. A party may request such an order of Court by petition setting forth the basis for the request. Such petition must include certification regarding concurrence or non-concurrence of all other parties as required by Local Rule 39-206.1.
Local Rule 205.1(a). Filing Legal Papers. Presentation to the Court.
A legal paper requiring the signature of, or action by a Judge may be filed, delivered or mailed to the Prothonotary as in Pa.R.C.P. 205.1. When such paper is received by the Prothonotary it shall be marked filed and then delivered to the Court Administrator for distribution to the appropriate Judge's Law Clerk for judicial consideration.
Local Rule 205.2(a). Assignment to Judge upon Filing of Complaint.
Upon the filing of a complaint, the Prothonotary shall assign the case to a specific judge and shall indicate the name of the particular judge assigned in the caption. The name of the judge to whom the case is assigned shall be noted in the caption of each service copy of the complaint.
(i) All pleadings and papers filed subsequent to the complaint shall have the name of the judge to whom the case is assigned noted in the caption.
(ii) Subsequent to the filing of a complaint, motions and petitions shall be directed to the assigned judge for disposition unless such judge is unavailable.
Local Rule 206.1(a). Purpose and Designation.
The procedure after issuance of rules to show cause shall be as set forth in Pa.R.C.P. 206.7. If argument is ordered by the Court, the case shall be listed, briefed and decided as set forth in the Court's order. All applications for which the procedure for the relief sought is not otherwise specifically addressed elsewhere in the rules and which require the assertion of facts not of record are hereby designated as petitions. A petition, generally speaking, is a request for relief ancillary to a given cause of action. Each petition shall be accompanied by a verification or affidavit verifying the facts stated in the petition. Every petition shall contain a certification noting whether it is contested or uncontested or, if the petitioning party is unable to so indicate, a description of the efforts which have been made to determine the position of the responding party. References to phone calls and emails shall include date and time.
Local Rule 206.4(c). Petition with Issuance of Rule to Show Cause.
(1) Rules to show cause shall be issued at the discretion of the Court pursuant to the procedure set forth in Pa.R.C.P. 206.5. The petition for the rule to show cause may be filed, delivered or mailed to the Prothonotary as set forth in Pa.R.C.P. 205.1. Upon receipt, the Prothonotary shall mark it filed and deliver it to the Court Administrator. In the alternative, a petition for a rule to show cause may be presented to the court at any open session, or to the assigned judge's law clerk or to the assigned judge in chambers at such time as the court may set.
(2) The procedure after issuance of the rule to show cause shall be as set forth in Pa.R.C.P. 206.7. If hearing or argument is ordered by the court the case shall be listed, briefed and decided as set forth in Local Rule 211 et seq.
(3) The Rule to Show Cause shall be substantially in the following form:
RULE TO SHOW CAUSE AND NOW, this __ day of _____ , 20______ , upon consideration of the foregoing petition, it is hereby ordered that
1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;
2. The respondent shall file a verified Answer to the Petition within __ days of service upon the respondent;
3. The Petition shall be decided under Pa.R.C.P. No. 206.7;
4. Depositions shall be completed within ____ days of service upon petitioner of the Answer;
5. Hearing and/or argument, if any, shall be held on _____ , _____ , 20______ , at ______ o'clock ______ .m. in the assigned Courtroom of the Franklin/Fulton County Courthouse, Chambersburg/McConnellsburg, PA;
6. If Items 4 and 5 above are left blank, depositions and/or argument or hearing will be considered upon the request of any party; and
7. Notice of entry of this order shall be provided to all parties by the petitioner.
8. In the case of Preliminary Objections [Local Rule 1028(a)], Motions for Judgment on the Pleadings [Local Rule 1034(a)] and Motions for Summary Judgment [Local Rule 1035(a)], parties shall follow the procedures for disposition set forth in those rules.
By the Court,
Committee Comment:
No applications are designated as ''petitions'' other than applications to open a default judgment or a judgment of non pros as required by Pa.R.C.P. 206.1(a)(1). The issuance of a rule to show cause shall be discretionary with the court as provided in Pa.R.C.P. 206.5. A petitioner seeking the issuance of a rule to show cause shall attach to the petition a Rule in the form designated by this rule and a proposed order granting the relief sought. Under Pa.R.C.P. 206.7, the issue raised in the petition may be decided without the necessity of argument. However, if the court orders argument on the petition, the matter shall be listed for argument, briefed and decided pursuant to Local Rule 211, et seq.
Local Rule 208.2. Motions.
Local Rule 208.2(c). A motion shall include a brief statement of the applicable authority, including reference to any applicable local or state rule or statute; or shall be accompanied by a brief at the time of filing.
Local Rule 208.2(d). Every motion shall contain a certification noting whether it is contested or uncontested or, if the moving party is unable to so indicate, a description of the efforts which have been made to determine the position of the responding party. References to phone calls shall include date and time.
Local Rule 208.2(e). Every motion relating to discovery shall attach a certificate, signed by counsel for the moving party, certifying that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. The attached certificate shall detail the efforts made by the moving party, detailing time, place and manner of conversations and shall include copies of any related correspondence.
Local Rule 208.3(a)(i). A motion or answer may be filed, delivered or mailed to the Prothonotary as set forth in Pa.R.C.P. 205.1. Upon receipt, the Prothonotary shall mark it filed and deliver it to the Court Administrator. Alternatively, a motion may be presented to the court at any open session, or to the assigned judge's law clerk or to the assigned judge in chambers at such time as the court may set.
(ii) Emergency motions in cases already assigned to a specific judge should be filed and then delivered directly to Court Administration or to the assigned judge's chambers for handling and, in cases not already assigned, should be directed to the Court Administrator for assignment.
(iii) Unless permitted by the court to be made or taken orally, all motions shall be in writing and shall be verified if the facts do not appear on the face of the record.
(iv) The proper order to be made by the court upon a motion shall be prepared by counsel and attached to the motion at the time of filing. Any order signed by the court shall be promptly filed.
(v) All motions other than those made at trial shall be served, along with any order entered or any order proposed to be entered, upon all other parties in accordance with Pa.R.C.P. 440(a). All such service shall be evidenced by either a certificate of service attached at the time of filing or by an affidavit of service filed separately.
(vi) Motions may be decided with out without oral argument. For those Motions for which a party requests argument of for which the Court requires argument, the Court may issue an order scheduling argument or the motion may be argued by following the procedure set forth in Local Rule 211 et seq.
Local Rule 208.3. Answers to Motions.
Local Rule 208.3(b). Except for those Motions which are uncontested by their terms, each responding party shall file an Answer which shall contain supporting authority for the relief sought or which shall be accompanied by a brief at the time of filing. Each Answer shall also have attached at the time of filing the order which is sought by the answering party. Answers other than those to Motions for Summary Judgment shall be filed not later than 20 days after the date of service of the Motion as evidenced by a certificate or affidavit of service unless the time for filing is modified by court order; or unless earlier required in the interests of justice; or as soon as possible in the case of emergency motions.
[Pa.B. Doc. No. 10-1924. Filed for public inspection October 8, 2010, 9:00 a.m.]
