Title 255--LOCAL
COURT RULESBRADFORD COUNTY Local Civil Rules 205.2(B), 206.4(C), 229 and 1301 [36 Pa.B. 7125]
[Saturday, November 25, 2006]Order And Now, this 2nd day of November, 2006, the Court hereby adopts Bradford County Rules of Civil Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.
It is further ordered that the District Court Administrator shall send seven (7) certified copies of these rules to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee, and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.
It is further ordered that these local rules shall be kept continuously available in the Prothonotary's Office for public inspection and copying.
By the Court
JEFFREY A. SMITH,
President JudgeLocal Rule 205.2(b)
1. Upon the filing of an action pursuant to the Pennsylvania Rules of Civil Procedure, including divorce and custody, a cover sheet in substantially the form specified in Subsection (b)3 of this rule shall be filed immediately in the office of court administration.
2. In the event any such action is filed pro se, the prothonotary shall provide a copy of the cover sheet form to the filing party and shall notify court administration to assure compliance with this rule.
3. The cover sheet shall be as follows:
IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA ___________________________ : Date Filed: _________________ ___________________________ : Docket No. _________________ ___________________________ : Related Cases _________________ Plaintiffs
: _________________ vs.
: Jury Trial Demanded [ ]Yes [ ] No ___________________________ : Arbitration Case [ ]Yes [ ] No ___________________________ : ___________________________ : Defendants Note: A civil action is to be listed for Arbitration unless (1) the amount in controversy exceeds $30,000 exclusive of interest and costs or (2) the case involves title to real property
CIVIL/FAMILY COVER SHEET CIVIL ACTION CASE TYPES
[ ] Civil Action (assumpsit, trespass, equity)
[ ] Professional Liability
[ ] Medical Professional Liability
[ ] Ejectment
[ ] Quiet Title
[ ] Replevin
[ ] Mandamus
[ ] Mortgage Foreclosure
[ ] Other _________________
APPEALS
[ ] District Justice
[ ] Zoning Board
[ ] Drivers License Suspension
[ ] Registration License
[ ] Board of Assessment
[ ] Other _________________FAMILY COURT CASE TYPES
[ ] Child Custody/Visitation
[ ] Annulment
[ ] Divorce
Divorce Counts
[ ] Child Custody/Visitation
[ ] Equitable Distribution
[ ] Other _________________
Plantiff's DOB _________________
Defendant's DOB _________________Filed by: _________________
Supreme Court ID No. ______IMPORTANT: This form is not to filed in the Prothonotary's Office, but should be taken directly to Court Administration for statistical and case management purposes immediately upon the filing of a new case or new petition/complaint (custody or divorce) in a family court case (It is not needed when filing petitions for special relief).
Local Rule 206.4(c)
D. If an answer is filed, the court, upon review, will determine whether a hearing or argument should be scheduled and will enter an order accordingly. Concurrently with filing, counsel or any unrepresented party shall serve a time-stamped copy of the answer or objection upon the assigned judge.
Local Rule 212.1
(a)(1) In any such civil action in which the damages sought exceed the jurisdictional limit for compulsory arbitration, any party may file a certification with the Prothonotary that the case is ready for trial. The Certification of Readiness shall be in substantially the following form:
IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA _________________ * CIVIL ACTION Plaintiff vs.
* NO. _________________ Defendant
* JURY ______ NON-JURY ______ ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CERTIFICATION OF READINESS I hereby certify pursuant to Bradford County Rule of Civil Procedure 212.1(a)(1) that the above-captioned case is ready for trial. All pleadings are closed; all witnesses are presently available to appear at trial; and discovery is complete, except for those depositions to be taken solely for the purpose of being presented at trial, such as the depositions of expert witnesses.
I further certify that immediately after filing, I will serve a time-stamped copy of this certification upon opposing counsel, any unrepresented party and the Court Administrator.
_________________ _________________ Print Name
Signature _________________ _________________ _________________ Representing _________________ Address _________________ _________________ Telephone No.
Date (a)(2) The term ''ready for trial'' means that
(a) the pleadings are closed
(b) witnesses are presently available to appear at trial; and
(c) discovery is complete, except for those depositions to be taken solely for the purpose of being presented at trial, such as the depositions of expert witnesses.
(b) Immediately after the Certification of Readiness is filed, a time-stamped copy of the Certification shall be served upon the court administrator, opposing counsel and any unrepresented party.
(c) Upon receipt of the Certification of Readiness, the court administrator shall schedule a pre-trial conference before the assigned judge, taking into consideration the deadlines for filing of the pre-trial statements which are set forth in Pa.R.C.P. 212(b)
Local Rule 229.
(a) Any party filing a discontinuance shall immediately serve the court administrator with a time-stamped copy.
Local Rule 1301. Cases For Submission
A. Compulsory arbitration as authorized by Section 7361 of the Judicial Code, 42 Pa.C.S.A. Section 101, et seq. shall apply to all civil cases, except actions in equity, where the amount in controversy, exclusive of interest and costs, shall be thirty [twenty-five] thousand dollars ($30,000.00) [$25,000.00] or less, including appeals from a civil judgment of a district justice. Such actions shall be submitted to and heard by a board of arbitration consisting of three attorneys.
[Pa.B. Doc. No. 06-2304. Filed for public inspection November 22, 2006, 9:00 a.m.]
