631 Procedure for terminating inactive traffic court citations pursuant to P.R.J.A. no. 1901; administrative doc. no. 1 of 2001

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Procedure for Terminating Inactive Traffic Court Citations Pursuant to P.R.J.A. No. 1901; Administrative Doc. No. 1 of 2001

[31 Pa.B. 1996]

   Pennsylvania Rule of Judicial Administration No. 1901(a) provides that ''(i)t is the policy of the unified judicial system to bring each pending matter to a final conclusion as promptly as possible consistently with the character of the matter and the resources of the system. Where a matter has been inactive for an unreasonable period of time, the tribunal, on its own motion, shall enter an appropriate order terminating the matter.''

   Pennsylvania Rule 1901(b)(2) directs the Traffic Court of Philadelphia to ''make rules of court for such purposes . . .''

   The within procedure is adopted pursuant to the above directive.

Citations Eligible for Termination

   Citations issued two (2) years or more before the date of termination, and which have not resulted in a guilty plea, an adjudication or a judgment are eligible for termination pursuant to the procedure adopted herein.

Notice of Termination

   The court shall periodically publish in The Legal Intelligencer a general notice of all parties that a specific group of citations that have been inactive for five (5) years or more shall be terminated by court order thirty (30) days after the publication date, and that the full list of citations shall be available for public inspection during the court's normal business hours. The notice shall further provide that any interested party may petition the court and show good cause as to why any citation should not be terminated.

Reinstatement

   Pursuant to Pa.R.J.A. 1901(c)(2) and (d), ''(a)ny matter terminated after notice by publication . . . may be reinstated by the court after dismissal upon written application for good cause shown . . . (A) court shall not entertain any application for reinstatement of a matter terminated pursuant to this rule if such application for reinstatement is filed after the documents relating to the matter have been disposed of pursuant to the applicable record retention schedule established by or pursuant to law.''

   This Order is issued in accordance with Pa.R.J.A. No. 1901. The original Order shall be filed with the Prothonotary for the First Judicial District of Pennsylvania in an Administrative Docket maintained for Orders or Directives issued by the Administrative Judge of the Traffic Court of Philadelphia County, and copies submitted to the Minor Court Rules Committee, the Administrative Office of Pennsylvania Courts, and the Legislative Reference Bureau. Copies of the Order shall be submitted to American Lawyer Media, Jenkins Memorial Library, and the Law Library of the First Judicial District.

   This Order becomes effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

FORTUNATO PERRI,   
Administrative Judge,
Philadelphia Traffic Court

[Pa.B. Doc. No. 01-631. Filed for public inspection April 13, 2001, 9:00 a.m.]