2507 Consolidated rules of court; no. 55 miscellaneous 2006

SOMERSET COUNTY

Consolidated Rules of Court; No. 55 Miscellaneous 2006

[36 Pa.B. 7806]
[Saturday, December 23, 2006]

Amended Adopted Order

   Now, this 21st day of November, 2006, it is hereby Ordered:

   1.  The following designated Somerset County Rule of Civil Procedure 208.3(a) (Som.R.C.P. 208(3)(a)) Motions. Practice and Procedure, and is amended to read in its entirety, as reflected in revised Som.R.C.P. 208.3(a)is hereby adopted as a Rule of this Court, effective upon publication on the Pennsylvania Judiciary's Web Application.

   2.  The Somerset County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order and the attached Rule, along with a diskette or CD, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, if required.

   C.  File one (1) certified copy of this Order and the attached Rules with the Pennsylvania Civil Procedural Rules Committee.

   D.  File proof of compliance with this Order in the docket for this Rule, which shall include a copy of each transmittal letter.

By the Court

JOHN M. CASCIO,   
President Judge

Rule of Court

   Motions.

Som.R.C.P. 208.3(a) Motions. Practice and Procedure.

   A.  Motions will be scheduled, argued, and decided:

   1.  At Motions Court, in accordance with the procedure specified in subparagraph B. of this Rule, if the motion is of the type permitted to be presented at Motions Court, or

   2.  By the filing of a scheduling praecipe according to the procedure, and in the form specified in subparagraph F. of this Rule, copies of which are available from the Prothonotary or Court Administrator, or

   3.  In the case of a motion for preliminary injunction or similar motions which require immediate date certain scheduling, by presentation to a judge in accordance with Motions [Judge] practice specified in subparagraph C. of this Rule, or

   4.  In the case of motions which are permitted to be presented ex parte, without prior notice of presentation and opportunity to be heard, pursuant to the provisions of subparagraph D. of this Rule, by presentation to [a judge] the Administrative Judge of the Civil Division or the Administrative Judge of the Family Division in accordance with Motions [Judge] practice specified in subparagraph C. of this Rule, or

   5.  In the case of motions or petitions which, because of extraordinary and compelling circumstances, cannot be scheduled otherwise, and which must be heard upon short notice, by presentation to [a judge] the Administrative Judge in accordance with Motions Judge practice specified in subparagraph C. of this Rule.

   B.  Motions Court.

   1.  Civil Motions Court will be held before the designated [Motions] Administrative Judge of the Civil Division at 9:00 [a.m.] A. M. on [the first and third] each Wednesday[s] of every month, holidays excepted. Family Motions Court will be held before the designated Administrative Judge of the Civil Division at 9:00 A. M. on the first and third Tuesday of every month, holidays excepted.

   2.  A motion may be presented at Civil Motions Court when the issue raised, or relief requested, is:

   a.  To compel, limit or prohibit discovery, or to obtain a protective or confidentiality order with respect to discovery.

   b.  To permit the amendment of a pleading or joinder of an additional defendant.

   c.  To make a rule absolute or for similar default order, when, although required, timely answer to a motion or petition has not been filed.

   [d. To compel counseling in divorce cases.]

   [ e.] d. To permit withdrawal as counsel.

   [ f.] e. Approval of settlement of a minor's claim or approval of settlement of wrongful death and survival actions.

   [ g.] f. Consolidation.

   [ h.] g. Objections to a scheduling praecipe.

   3.  A motion may be presented at Family Motions Court when the issue raised, or relief requested, is:

   a.  For the appointment of a Special Master;

   b.  A motion for the appointment of a Custody Investigator;

   c.  A motion to be excused from the payment of costs or to proceed in forma pauperis;

   d.  To compel counseling in divorce cases;

   e.  A motion for special relief;

   f.  Objections to a scheduling praecipe.

   [ 3.] 4.  At least [ten] five days before presentation, a copy of the motion shall be served upon all other counsel and unrepresented parties, and upon the [Court Administrator] Administrative Judge, together with a notice specifying the time and date of the Motions Court at which the motion will be presented.

   [ 4.] 5.  The [Court Administration] Administrative Judge shall maintain a list of motions with date and time of receipt. Only those motions which have been submitted in a timely manner to the [Court Administrator] Administrative Judge in accordance with these Rules will be heard. Motions will be heard by the Court in the order of their submission to the [Court Administrator] Administrative Judge.

   [ 5.] 6.  The moving party shall file and serve an affidavit of service of the motion and notice prior to, or at the time of presentation. The motion will not be heard unless the notice requirements of this rule have been satisfied and an affidavit of service filed.

   [ 6.] 7.  Counsel and unrepresented parties are to confer prior to the presentation of any motion and are to attempt, in good faith, to reach amicable resolution of the issues involved. Good faith efforts toward amicable resolution shall be considered as a factor when determining whether or not the requested relief is appropriate, the propriety of sanctions, or in determining the exigency of circumstances, if relevant.

   [ 7.] 8.  At the time of presentation, the [presiding] Administrative Judge may enter an Order resolving the issues raised by the motion; schedule argument, hearing or other proceeding; issue a briefing schedule; or enter other appropriate Order.

   [ 8.] 9.  Presentation of motions at Motions Court is optional, and if the party chooses, the motion may be scheduled by scheduling praecipe for hearing or argument.

   C.  All unscheduled matters, including applications and requests, formal and informal, which may be presented to the [Motions] appropriate Administrative Judge under the provisions of subparagraph A. of this Rule, shall be filed and docketed, and then transmitted to Chambers or presented in open court to the [Motions] Administrative Judge [on duty at the time,] except in the following circumstances:

   1.  Emergency cases may be presented to any judge.

   [2.  Matters affecting cases formerly assigned to a judge other than the Motions Judge shall be presented to that other judge, but may in emergencies be presented to the Motions Judge when the assigned judge is absent.]

   [3.  Matters with which a judge other than the Motions Judge has special familiarity by reason of prior judicial acquaintance, significantly relevant to the matter at hand, may be presented to another judge.]

   [4] 2.  Matters in which [any judge] the Administrative Judge has been disqualified or declines to act shall be presented to [another judge] the President Judge.

   [5] 3.  Administrative and policy matters required by law or custom to be acted upon by the Pesident Judge, or appropriate for the attention of the President Judge, shall be presented to the President Judge.

   D.  Ex parte orders in adversary proceedings.

   1.  Motions presented to the court in an adversary proceeding will not be considered ex parte, without prior notice of presentation and an opportunity to be heard, except in the following cases:

   a.  Motions for relief which are routinely granted as of course, on a presumption of assent, such as motions for appointment of legal counsel and guardians ad litem, and the like.

   b.  Motions affecting the issuance or service of initial papers upon another who is not yet subject to the jurisdiction of the court, such as applications for substituted service, extensions of time, and the like.

   c.  Motions for preliminary orders granting or scheduling a hearing thereon, or directing process or notice to bring the opponent before the court to answer.

   d.  Motions for stay orders in license suspension appeals.

   e.  Cases in which the adverse party has waived the opportunity to be heard or has consented to the requested action.

   f.  Cases in which there are special or compelling circumstances which the court finds justify ex parte action.

   2.  Prior notice of presentation of a motion to the court shall state the date, time and place of intended presentation and shall be accompanied by a copy of the motion and the proposed order.

   3.  In cases where an ex parte order is made, a copy of the motion and order shall be served promptly on the opponent and on all other parties, who may file a prompt application for reconsideration of the order.

   4.  In all cases where prior notice of presentation is required under statute or rule of court, the motion shall state that the requisite prior notice was given; the date, time and manner of giving notice; and the substance thereof. If the right to ex parte relief is based on the existence of special or compelling circumstances, the motion shall state such circumstances.

   E.  Continuances.

   1.  Motions for continuance must be made in writing or of record in open court, unless excused by the court for cause.

   2.  Absent exceptional circumstances, motions for continuance shall be presented no later than [ten (10)] fifteen (15) days before the date of the proceedings for which the continuance is requested. Thereafter, no motions for continuance will be granted except for substantial reasons which were not previously known or reasonably ascertainable.

   3.  The motion shall state whether or not the proceedings previously have been continued, and, if so, the number of prior continuances, with identification of the party upon whose motion each continuance was granted.

   4.  Absent extraordinary circumstances, a request for a continuance based on proceedings scheduled in another Court of Common Pleas will be granted only if the other court's scheduling order was issued before the order scheduling the proceedings for which the continuance is requested. If the motion is based on conflict with a matter scheduled in another Court of Common Pleas[e], a copy of the scheduling order from the other Court of Common Pleas shall be attached to the motion.

   5.  Motions for continuance of court cases shall be presented as follows:

   a.  When at a scheduled call of the list, to the presiding Judge.

   b.  When a case is on a current trial or argument schedule, to the assigned Judge.

   c.  In all other cases, [Motions Judge practice] to the appropriate Administrative Judge.

   6.  Continuances shall operate to effect rescheduling:

   a.  To a date certain or specific trial session if the [Court] Administrative Judge or Presiding Judge states a date certain or specific trial session in the continuance order.

   b.  In all other cases, only upon filing of a scheduling praecipe as provided in subparagraph F. of this Rule.

   7.  An order continuing a case ''sec reg.,'' until the next available session, or in terms of similar generality, will not result in rescheduling, or placement on a new trial list.

   8.  Every motion for continuance shall specify the reasons for the request.

   9.  The moving party shall certify that prior notice of presentation of the motion has been given to opposing counsel and unrepresented parties.

   10.  Every motion for unopposed continuance, whether written or oral, shall be joined in by all other parties or counsel of record, or shall certify that all other parties or counsel have been notified of the presentation of the motion and join in or do not oppose the motion.

   11.  When a civil case is scheduled for pretrial conference, the motion for continuance shall clearly state whether it relates to pretrial conference, or to the trial, or both.

   12.  An approved form of continuance motion is set forth in subparagraph F. 14. of this Rule.

   13.  This Rule does not apply to continuances of trials before arbitrators which are governed by Som.R.C.P. 1303F.

   14.  Form of Continuance Motion.

[CIVIL CONTINUANCE REQUEST

	)	IN THE COURT OF COMMON
	)	PLEAS OF SOMERSET COUNTY,
__________          Plaintiff	)	PENNSYLVANIA
	)
v.	)
	)
	)	NO. _____ CIVIL 200 __
	)
	)
__________        Defendant	)

Scheduled before Judge ______ on ______ at ______.

For (Type of proceeding):__________

REASON FOR REQUEST: (Attach extra sheet, if necessary) __________

NUMBER OF PRIOR CONTINUANCES:
______ by the plaintiff ______ by the defendant

NOTICE OF PRESENTATION OF THE MOTION HAS BEEN GIVEN TO OPPOSING COUNSEL AND UNREPRESENTED PARTIES.

REQUESTING ATTORNEY OR PARTY:

(Print) ______ Counsel for: ______

(Sign) __________

OPPOSING COUNSEL OR PARTY:

(Print) ______ Counsel for: ______

[   ] Joins In   [   ] Does not object   [   ] Opposes

OPPOSING COUNSEL OR PARTY:

(Print) ______ Counsel for: ______

[   ] Joins In   [   ] Does not object   [   ] Opposes

ORDER

AND NOW, this ____ day of ______ , 200 __ , the above Civil Continuance request if GRANTED/DENIED and the hearing/argument is continued. Hearing will be rescheduled upon the filing of a new scheduling praecipe by a party. Hearing is rescheduled for ______ , __ .m., on ______ , 200 ____ .

BY THE COURT:
_________________]

CIVIL HEARING CONTINUANCE REQUEST

	)	IN THE COURT OF COMMON
	)	PLEAS OF SOMERSET COUNTY,
__________          Plaintiff	)	PENNSYLVANIA
	)
	)
v.	)
	)	NO. _____ CIVIL 200 __
	)
	)
__________        Defendant	)

Scheduled before Judge ______ on ______

For __________

Reason For Request:
 
__________
 
__________

Number of prior continuances: _____ By Plaintiff  _____ By Defendant _____

NOTICE [  ] HAS [  ] HAS NOT BEEN GIVEN TO OPPOSING COUNSEL OR PARTY

(Sign) ______   Counsel For: __________
   Requesting Attorney or Party

(Sign) ______    Counsel For: __________
   Responding Attorney or Party

   [  ]  Joins In      [  ]  Does Not Object      [  ]  Opposes

ORDER

   AND NOW, this ____ day of ______ 200 __ , the continuance request is [  ] GRANTED [  ] DENIED.

   [  ]   Hearing to be rescheduled by scheduling praecipe.

   [  ] Hearing is rescheduled for ______ the __ day of ______ 200 ____ , at _____ , ____ M. in Courtroom No. ____ , before Judge  ______ .

   BY THE COURT:            
 
_________________
J.

   F.  Scheduling by Praecipe.

   1.  Those cases required to be scheduled by praecipe shall be scheduled only upon filing of a scheduling praecipe, substantially in the form set forth below in subparagraph F.6. of this Rule.

   2.   The praecipe and all issued copies thereof shall by signed by counsel of record or an unrepresented party.

   3.  The scheduling praecipe shall be filed as provided in the prescribed form of scheduling praecipe, and the praecipe and copies thereof shall be served promptly on other counsel and unrepresented parties in the case.

   4.  Upon receipt of a scheduling praecipe any party may object thereto as follows:

   a.  If the objection is to the assertion in the praecipe of readiness of the case for disposition by the court, the objection shall be made promptly to the court in accordance with Motions [Judge] practice on notice to other parties.

   b.  If the objection relates to any other assertion in the praecipe, such as time of scheduling, time required on the schedule, etc., the objecting party shall promptly file a counter praecipe stating only the matter corrected or changed.

   5.  If a party files a scheduling praecipe, knowing that the matter is not ready for disposition by the court, or knowing that the matters certified to in the scheduling praecipe are not true, the court may impose sanctions on the offending party. Sanctions may include assessment of reasonable counsel fees incurred by other parties as the result of such conduct, prohibition of additional discovery, or other appropriate order.

   [ 6. Form of Scheduling Praecipe.

	)	IN THE COURT OF COMMON
	)	PLEAS OF SOMERSET COUNTY,
__________          Plaintiff	)	PENNSYLVANIA
	)
v.	)
	)
	)	NO. _____ CIVIL 200 __
	)
	)
__________        Defendant	)

SCHEDULING PRAECIPE

   I.  This is a/an--

   [   ] A.  ARGUMENT CASE (Complete Part A below):

   [   ] B.  CIVIL TRIAL CASE (Complete Part B below):

   [   ] C.  CIVIL ARBITRATION CASE (Complete Part C below).

   PART A (Argument Case):

   1.  Place the above case on an appropriate Argument Schedule for

   [   ] Argument on _________________ .
                     Nature of Proceeding

   If I am the moving party, I CERTIFY that the required brief has been filed, and has been or will be served promptly.

-OR-

   [   ] Hearing on  _________________ .
                  Nature of Proceeding

   2.   Type of scheduling requested:

   [   ] a.  Sec reg (At any date and time convenient to the Court to be fixed on the next available Argument Schedule to be issued).

   -OR-

   [   ] b.  Sec reg-date certain (At a presently fixed date and time on an Argument Schedule to be issued).

   -OR-

   [   ] c.  Prompt (At a presently fixed date and time on a schedule already issued).

   d.  If date certain or prompt scheduling is requested, state the reason (granted only for cause):
 
__________

   3.   Estimated total schedule time required for presentation by all parties: ______  Minutes/Hours/Days.

   4. a.  If the matter listed in paragraph 1 above seeks scheduling for modification or enforcement of any: (i) criminal sentence or order of probation or parole, (ii) juvenile adjudication or disposition order, or (iii) any other order or decree of Court entered in adversary proceedings, state the name of the Judge who made the sentence, order or decree:
______  J. If not applicable, so state.

   b.  If any Judge has previously heard argument or testimony on the specific matter to be scheduled, mentioned in paragraph 1 above, or has had significant prior judicial acquaintance with the controversy presented thereby, name the Judge:
______ J. If not applicable, so state.

   PART B. (Civil Trial Case):

   1.  Place the above case on the next issued Civil Trial List for

   [   ] JURY TRIAL         [   ] NONJURY TRIAL

   PART C. (Civil Arbitration Case):

   1.  Schedule the above case for Arbitration Trial Hearing sec reg.

   2.  Estimated total time for presentation by all parties: ______ Minutes/Hours/Days

   II.  I CERTIFY that:

   1.  This case is ready for disposition by the Court.

   2.  The signed original of this praecipe and one signed copy thereof (for transmission to the administrator) have been or will be promptly filed to the case in the office of the court clerk; and a signed copy has been or will be promptly served upon each other counsel and upon each unrepresented party who has been served with initial process or pleading.

   3.  All prescheduling and pretrial procedures, including pleading and discovery, have been completed.

   4.  All parties, witnesses and counsel for the undersigned are expected to be available and present when the case is scheduled, barring unforeseeable events hereafter occurring. If any event hereafter occurs requiring continuance, a motion therefor will be promptly presented to the Court.

   5.  I have read and am acquainted with the local rules governing scheduling and court procedures.

   III.  REMARKS:
 
__________
 
_________________
Signature
 
_________________
Type or print name of signer
and party represented.

   List of All Counsel and Unrepresented Parties (State party represented by each, e.g., for plaintiff Jones, for defendant Smith, etc.):

   Note--Effect of Continuance: If any of the above mentioned cases is scheduled and thereafter continued, a new scheduling praecipe will be required in order to schedule the case again, unless the continuance order fixes a date certain or otherwise provides.]

   6.  Form of Scheduling Praecipes

ARGUMENT/HEARING SCHEDULING PRAECIPE AND ORDER

	)
	)	Place this case on an Argument
__________       Plaintiff	)	schedule for [  ] Hearing [  ] Argument
	)	on ______
	)	(Nature of Proceeding or Pleading)
	)
vs.	)
	)	NO. _____ CIVIL 200 __
	)
	)
	)
__________     Defendant	)

Type of scheduling requested:

[  ]  Sec. Reg. (On the next available Argument Schedule).

[  ]  Prompt (At a presently fixed date and time on an Argument Schedule already issued). State reason for Prompt scheduling (Granted only for cause)
 
__________

Estimated hearing time for all parties: __________

Judge  ______ has previously heard a matter in this case.

[  ]  I am the moving party and my brief has been filed and served pursuant to SOM.R.C.P. 210.

[  ]  A copy of this praecipe has been served on opposing counsel and any unrepresented party.
______   __________
Signature           Type Name and Party Represented

ORDER

   AND NOW, this ____ day of ______ 20 ____ , [  ]  Argument [  ]  Hearing is scheduled on ______ the ____ day of  ______ , 20 ____ , in Court Room ____ , at ____   . M. before Judge ______ .

BY THE COURT            
 
_________________
J.

Distribution:

TRIAL SCHEDULING PRAECIPE

	)	IN THE COURT OF COMMON
	)	PLEAS OF SOMERSET COUNTY,
__________          Plaintiff	)	PENNSYLVANIA
	)
v.	)
	)
	)	NO. _____ CIVIL 200 __
	)
__________        Defendant	)
	)

ARBITRATION/TRIAL SCHEDULING PRAECIPE AND ORDER

CIVIL ARBITRATION CASE

   1.  Schedule this case for Arbitration Hearing sec. reg.

   2.  Estimated total time for presentation by all parties:  ______ Minutes/Hours/Days

CIVIL TRIAL CASE

   Place this case on the next issued Civil Trial List for:

_____ JURY TRIAL   _____ NONJURY TRIAL.
 
_________________
Signature             
 
_________________
Type Name and Party Represented

ORDER

   AND NOW, this ____ day of ______ , 20 ____ , [  ]  Arbitration Hearing [  ]  Non Jury Trial is scheduled for _____ the ____ day of ______ , 20 __ , at ____ o'clock ____ . M. in Courtroom  ____ before Judge ______ .

   [  ]  This case will be scheduled for trial at the next call of the Civil and Family Trial List to be held on  ______ the _____ day of ______ , 20 ____ at  ____ o'clock ____ . M. in Courtroom No. ____ , before Judge ______ .

BY THE COURT
 
_________________
J.

   II.  I CERTIFY that:

   1.   This case is ready for disposition by the Court.

   2.   The signed original of this praecipe and one signed copy thereof (for transmission to the administrator) have been or will be promptly filed to the case in the office of the court clerk; and a signed copy has been or will be promptly served upon each other counsel and upon each unrepresented party who has been served with initial process or pleading.

   3.   All prescheduling and pretrial procedures, including pleading and discovery, have been completed.

   4.  All parties, witnesses and counsel for the undersigned are expected to be available and present when the case is scheduled, barring unforeseeable events hereafter occurring. If any event hereafter occurs requiring continuance, a motion therefor will be promptly presented to the Court.

   5.  I have read and am acquainted with the local rules governing scheduling and court procedures.

   III.  REMARKS:
 
__________
 
__________

Signature
 
_________________
Type or print name of signer
and party represented:

   List of All Counsel and Unrepresented Parties (State party represented by each, e.g., for plaintiff Jones, for defendant Smith, etc.):

   Note--Effect of Continuance: If any of the above mentioned cases is scheduled and thereafter continued, a new scheduling praecipe will be required in order to schedule the case again, unless the continuance order fixes a date certain or otherwise provides.

   G.   Preparation and Form of Orders and Decrees. Copies for Distribution.

   1.  Unless otherwise directed by the court, decrees and orders requested by a party shall be drafted by the attorney at whose instance they are to be made, and shall be submitted to the court for approval.

   2.  All proposed orders presented to the court, whether by an attorney, court staff or department, or other person, shall list thereon the names of all counsel in the case (of record and known, including counsel for applicant), and shall indicate the party represented by each (e.g., for plaintiff, for defendant, for petitioner, for respondent, etc.).

Note: Nothing herein is intended to alter the present practice of the court reporters in preparing court orders.

   3.  Counsel preparing the order shall be responsible for copying, and shall provide sufficient copies to the Prothonotary for distribution to all other counsel and parties. If the order continues a case or fixes a date for hearing or argument, counsel shall ensure that the order and its accompanying documents are transmitted to the Court Administrator for notation of the matter for scheduling purposes. The order and documents shall then be filed in the proper office.

   4.  All documents prepared in and issued from chambers shall be transmitted to the Court Administrator for copying and distribution sec reg, and for scheduling if necessary, then filed in the proper office.

[Pa.B. Doc. No. 06-2507. Filed for public inspection December 22, 2006, 9:00 a.m.]

[36 Pa.B. 7811]
[Saturday, December 23, 2006]