TIOGA COUNTY Rules of Civil Procedure; No. 131 MD 1996 [26 Pa.B. 3318] Order And Now, June 25, 1996, the following Local Rules of the Court of Common Pleas of Tioga County, Pennsylvania are hereby promulgated and adopted for use effective thirty (30) days after publication in the Pennsylvania Bulletin.
The Prothonotary of Tioga County is directed to:
1. File seven (7) certified copies of the Order and Rules with the Administrative Office of Pennsylvania Courts;
2. File two (2) certified copies of the Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
3. File one (1) certified copy of the Order and rules 212.1, 212.2, 216, 1018.1, 1301, 1301.1, 1303 and 1308 with the Civil Procedural Rules Committee pursuant to Pa.R.C.P. 239;
4. File one (1) certified copy of the Order and rules 1910.10, 1915.3 and 1920.55-1 with the Domestic Relations Rules Committee pursuant to Pa.R.C.P. 239;
5. File one (1) certified copy of the Order and rule 303 with the Criminal Procedural Rules Committee pursuant to Pa.R.Crim.P. 6(d).
All previous local rules of Tioga County, excluding the Orphans Court rules, are repealed on the effective date of the new rules.
By the Court
ROBERT E. DALTON, Jr.,
President JudgeBUSINESS OF COURT Rule TC-205.1. Filing Legal Papers.
Any legal paper which requires the signature of or action by the Court including but not limited to motions, petitions, objections, exceptions and rules to show cause shall be filed as follows:
(1) original with the Prothonotary's office,
(2) one copy with the Court Administrator,
(3) copies to all counsel of record or unrepresented parties.
Rule TC-212. Pre-Trial Conference.
(a) Upon the filing of a Praecipe for Trial which shall be substantially in the form set forth in Rule TC-212.1, the Court Administrator shall schedule a date and time certain for a Pre-Trial Conference which date shall not be less than thirty (30) days after the filing date.
(b) A Pre-Trial Memorandum substantially in the form set forth in Rule TC-212.2 shall be prepared and submitted by all parties at the time of the conference with copies provided to all other parties.
Rule TC-212.1. Praecipe for Trial Form.
_________________ : IN THE COURT OF COMMON PLEAS V. : OF TIOGA COUNTY, PENNSYLVANIA _________________ : NO. ______ CIVIL DIVISION 19 ______ PRAECIPE FOR TRIAL AND NOW, _________________ , 19 ______ comes the _________________ by his/her counsel, ___________________________ , Esq. and requests the Court to schedule the above captioned matter for trial. In support thereof, the _________________ makes the following statements.
1. That a complaint was filed on the ______ day of ______ 19 ______ .
2. That all pleadings are closed and all discovery has been completed, including depositions.
3. That all attorneys of record or unrepresented parties (agree/disagree) that the matter is ready for trial. (If all parties do not agree, identify those parties and note their objections.)
WHEREFORE, _________________ requests the Court to schedule the matter for trial.
Rule TC-212.2. Pre-Trial Memorandum Form.
_________________ : IN THE COURT OF COMMON PLEAS V. : OF TIOGA COUNTY, PENNSYLVANIA _________________ : NO. ______ CIVIL DIVISION 19 ______ PRE-TRIAL MEMORANDUM (Representing Plaintiff/Counterclaimant)
1. A brief statement of the factual situation or a reference to the pleadings.
2. An itemized list of all specials, including loss of wages.
3. The amount being demanded, payment of which would result in settlement. This demand to be broken down to reflect the specific amounts being demanded for specials, pain and suffering, permanent injury, loss of consortium, etc.
(Representing Defendant/Plaintiff as Additional Defendant)
1. Paragraphs in plaintiff's complaint which will be admitted at trial without requirement of proof.
2. The defense to be presented to plaintiff's claim.
3. The offer being made which, if accepted, would result in settlement.
(Both Plaintiff & Defendant)
4. The names and addresses of all witnesses to be called, including a designation as to whether the witness will testify to liability or damages.
5. A list of exhibits to be offered, including a brief description of each.
6. A summary of expected expert testimony if the expert will testify in person and a copy of any expert's report.
7. Legal issues or questions which will likely require rulings by the Court, together with any citations which will support rulings to be requested.
8. Estimated time for trial of the case.
9. Any legal or factual issues to which the parties will stipulate.
10. A copy of any plan or plot to be introduced into evidence. In negligence cases, there shall be a drawing or plot of the accident submitted at the pre-trial conference.
In addition, all attorneys shall be accompanied by or have direct access to their respective parties or representatives who have the authority to agree upon a settlement or the attorney shall have such authority.
Rule TC-216. Continuances.
All requests for the continuance of any hearing scheduled by the Court shall be filed in writing unless waived by the Court.
ACTIONS AT LAW Rule TC-1018.1. Notice to Defend.
The agency to be named in all Notices to Defend from whom legal help may be obtained shall be:
Susquehanna Legal Services
79 Nichols St.
Wellsboro, PA 16901
(717) 724-3464COMPULSORY ARBITRATION Rule TC-1301. Scope.
(a) All civil actions wherein the amount in controversy is within the limits set by Section 7361 of the Judicial Code, 42 Pa.C.S.A. 7361, shall first be submitted to and heard by a board of arbitrators.
(b) Referral to arbitration shall be accomplished by the filing of a Praecipe for Arbitration substantially in the form set forth in Rule TC-1301.1, or by order when the Court determines that proper jurisdiction of a civil action lies before arbitrators.
Rule TC-1301.1. Praecipe for Arbitration Form.
_________________ : IN THE COURT OF COMMON PLEAS V. : OF TIOGA COUNTY, PENNSYLVANIA _________________ : NO. ______ CIVIL DIVISION 19 ______ PRAECIPE FOR ARBITRATION AND NOW, ______ , 19 ______ comes the _________________ in the above captioned matter and requests the Court to schedule an Arbitration for the reasons more fully set forth below:
(1) That the amount in controversy is within the limits set forth in 42 Pa.C.S.A. 7361.
(2) That the matter does not involve title to real estate.
(3) That the matter does not require equitable or declaratory relief.
WHEREFORE, _________________ requests the Court to appoint a board of arbitrators and schedule the matter for arbitration.
Rule TC-1302. List of Arbitrators.
(a) All members of the bar within Tioga County shall be eligible to serve as arbitrators unless a written waiver is filed in the Prothonotary's office.
(b) The Prothonotary shall list available arbitrators alphabetically by surname and selection shall be made alphabetically taking into consideration the requirements and limitations set forth in Pa.R.C.P 1302.
Rule TC-1303. Hearing. Notice.
(a) Subsequent to the filing of a Praecipe for Arbitration and the appointment of arbitrators, the Court Administrator shall provide written notice of the date and time for arbitration to all counsel of record or unrepresented parties and to the arbitrators.
Rule TC-1308. Arbitrators' Compensation.
Each member of a board of arbitrators who has signed the award or filed a minority report shall receive as compensation a fee of forty dollars ($40) per hour for hearing and deliberation time.
ACTIONS FOR SUPPORT Rule TC-1910.10. Alternate Hearing Procedures.
The Court adopts the alternative hearing procedures as set forth in Pa.R.C.P. 1910.12.
ACTIONS OF DIVORCE Rule TC-1920.55-1. Procedures for Matters Referred to Master.
All divorce proceedings shall be conducted in accordance with Pa.R.C.P. 1920.55-2.
ACTIONS FOR CUSTODY/VISITATION Rule TC-1915.3. Commencement of Action.
(a) Upon the filing of a Complaint for Custody, Partial Custody or Visitation, the matter shall be referred to the Child Custody Conference Officer for an informal conference among the parties.
(b) At the time of the conference, an attempt shall be made to reach an amicable agreement between the parties.
(1) If an agreement is reached, it shall be reduced to writing, signed by all parties and submitted to the Court for approval and order.
(2) If no agreement is reached, the officer shall prepare a biographical history of the parties and recommend the Court order such psychological testing, counseling, home studies or mediation as the Court shall deem appropriate. Thereafter, the matter shall be scheduled for a hearing before the Court.
(c) Costs of such psychological testing, counseling, home studies or mediation shall be assessed by the Court.
RULES OF CRIMINAL PROCEDURE Rule TC-303. Arraignment.
All defendants are required to appear in open court for purposes of Arraignment.
RULES OF JUDICIAL ADMINISTRATION Rule TC-1901. Termination of Inactive Cases.
The Court Administrator shall, on a quarterly basis, list for general call all civil, criminal and orphans court matters in which no steps or proceedings have been taken for one (1) year or more prior thereto and shall give notice thereof to all counsel of record or unrepresented parties as provided by Pa.R.J.A. 1901(c). If no good cause for continuing a proceeding is shown at or before the general call, an order for dismissal shall be entered forthwith by the Court.
RULES GOVERNING DISTRICT JUSTICES Rule TC-1005. Service of Notice of Appeal.
In lieu of service or proof of service by personal service or certified or registered mail, an appellant may file with the notice of appeal a stamped envelope self-addressed to the appellee at the address listed on the complaint form filed in the office of the district justice, or the attorney of record if there is one, AND a stamped envelope pre-addressed to the district justice in whose office the judgment was rendered. Copies of the notice of appeal and rule, if applicable, shall thereupon be mailed by the Prothonotary by first class mail, with such service and any return being noted on the docket.
[Pa.B. Doc. No. 96-1133. Filed for public inspection July 12, 1996, 9:00 a.m.]
