FAYETTE COUNTY Rule of Judicial Administration 1901; No. 2407 of 2015GD [45 Pa.B. 7125]
[Saturday, December 19, 2015]Order And Now, this 24th day of November, 2015, pursuant to Rule 103 of the Pennsylvania Rules of Judicial Administration, it is hereby ordered that Local Rule 1901 is adopted as set forth as follows.
The Prothonotary is directed as follows:
(1) One certified copy of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.
(2) Two certified copies and diskette of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One certified copy shall be sent to the Fayette County Law Library.
(4) One certified copy shall be sent to the Editor of the Fayette Legal Journal.
This Local Rule shall be continuously available for public inspection and copying in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
This Local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.
By the Court
JOHN F. WAGNER, Jr.,
President JudgeRule 1901. Prompt Disposition of Matters; Termination of Inactive Cases.
(a) Civil Cases
(1) When no docket activity has occurred in a civil case, except in proceedings of custody, eminent domain, and condemnation, for a period of more than two years, the Prothonotary shall commence proceedings under this rule to terminate the action.
(2) The Prothonotary shall provide notice of the proposed dismissal of each civil case that has been dormant for more than two (2) years to all counsel of record and to any pro se litigants in person or by regular mail at the last address of record and shall set forth a brief identification of the case to be terminated. If such notice cannot be given or has been returned undelivered, notice may be given by publication once in the Fayette Legal Journal by stating the caption of each case, the names of the attorneys of record or pro se litigants, and the requirements of filing a statement of intention to proceed.
(3) If no action is taken or no statement of intention to proceed is docketed within sixty (60) days of the notice or of the publication, the Prothonotary shall administratively enter an order as of course dismissing the civil case
with prejudice for failure to prosecute. Any civil case terminated under this rule may be reinstated by the Court upon written petition for good cause shown.
(4) Any filing of a statement of intention to proceed shall be accompanied by such filing fee as may be allowed by law to be charged by the Office of the Prothonotary in accordance with the fee bill of that office.
(b) Criminal Cases
(1) At the Call of the Criminal Trial List in March and September each year, the Clerk of Courts shall present to the Court a list of cases where no docket activity has occurred for a period of more than two years.
(2) Notice of the proposed dismissal of each case shall be given by the Clerk of Courts to the prosecutor and the defendant in person or by regular mail at least thirty (30) days before the date on which the list is to be called.
(3) If no good cause for continuing a proceeding is shown at the Call of the Criminal Trial List, an order for dismissal shall be entered forthwith by the Court.
[Pa.B. Doc. No. 15-2212. Filed for public inspection December 18, 2015, 9:00 a.m.]
