1274 Adoption of amendments to local rules of civil procedure pertaining to attorneys, filing papers with the prothonotary, petitions, motions, briefs, oral arguments, collection of costs, withdrawal of appearance, preliminary objects, motions for ...

FOREST AND WARREN COUNTIES

Adoption of Amendments to Local Rules of Civil Procedure Pertaining to Attorneys, Filing Papers with the Prothonotary, Petitions, Motions, Briefs, Oral Arguments, Collection of Costs, Withdrawal of Appearance, Preliminary Objections, Motions for Judgment on the Pleadings and Motions for Summary Judgment; Misc. No. 33 of 2004

[34 Pa.B. 3683]

Order

   And Now, this 29th day of June, 2004, It Is Ordered that the annexed Local Rules of Civil Procedure for the 37th Judicial District composed of Forest and Warren Counties pertaining to attorneys, filing papers with the Prothonotary, petitions, motions, briefs, oral arguments, collection of costs, withdrawal of appearance, preliminary objections, motions for judgment on the pleadings and motions for summary judgment be, and the same hereby are, promulgated herewith, to become effective on the 30th day following publication of these rules in the Pennsylvania Bulletin.

   The Court Administrator of the 37th Judicial District of directed to:

   1.  File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Civil Procedural Rules Committee.

   4.  File one (1) copy with the Prothonotaries of the Court of the 37th Judicial District.

   5.  Forward one (1) copy for publication in the Warren Times Observer and one (1) copy for publication in the Forest Press.

By the Court

PAUL H. MILLIN,   
President Judge

Rule L200.  Attorneys.

   1.  No attorney, judge, or any elected official having decisional power and whose duties are related to the judicial process of the District shall be accepted as surety in any suit, action, prosecution or proceeding pending within the District, provided, that this rule shall not prohibit any such person from being accepted as principal or surety in any action or proceeding in which such person is personally involved as a party.

   2.  The signing of a pleading by an attorney shall constitute that attorney's entry of appearance irrespective if the signature is made on behalf of a professional corporation, partnership or similar entity. Appearances by attorneys or parties not signing pleadings shall be made by written praecipe filed with the Prothonotary of the respective Court in the District.

Rule L205.2.  Filing Legal Papers with the Prothonotary.

Rule L205.2(a).  Format.

   All pleadings and papers in connection therewith, petitions and motions filed with the Prothonotary in an action at law or in equity and in other matters designated under the Rules of Civil Procedure shall be prepared for flat filing.

   No paper or other document may be filed in the Prothonotary's Office on any paper other than paper approximately 8 1/2 × 11 inches in size. Any paper or other document filed in any office shall be sufficient as to format and other physical characteristics if it substantially complies with the following requirements:

   (a)  It shall be on white paper of good quality with typed or printed matter 6 1/2 × 9 1/2 inches.

   (b)  The cover sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.

   (c)  Exhibits introduced in judicial proceedings and wills are exempt from this rule.

   (d)  Multi-page filings shall be stapled in the upper left-hand corner only. No tape, headers or backers shall be used.

Rule L205.2(b).  Cover Sheet.

   Every pleading and legal paper, of two or more pages, shall have a cover sheet in substantially the form of Exhibit L205.2.

Rule L205.2(c).  Pro Se Filings.

   The Prothonotary shall forward a copy of all documents filed by individuals who are represented by counsel of record to that attorney.

   Filings that are not in compliance with the law, rule of court or the appropriate fee schedule shall be duly noted and forwarded immediately to the office of the Court Administrator. The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency in the filing.

   The notice shall be as follows:

   NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS OF FOREST/WARREN COUNTY THAT IS NOT IN COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER YOU SHOULD CONTACT THE FOLLOWING AGENCIES TO OBTAIN LEGAL HELP:

PA Lawyer Referral Services PA Bar Association 100 South Street Harrisburg, PA 17108 Phone [phone]

Northwestern Legal    Services Warren, PA 16365 Phone [phone]

   IF YOU DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE YOU HAVE VIOLATED OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.

Rule L205.2(d). Verification.

   Motions or petitions containing allegations of matters not of record in the case must be verified in accordance with Pennsylvania Rule of Civil Procedure 1024.

Rule L205.2(e). Certificate of Service.

   All legal papers, except original filings, shall contain a Certificate of Service. Upon request by the moving party this requirement may be waived by the Court at the Court's discretion for good cause shown. The Certificate of Service shall be substantially in the following form:

(CAPTION)
CERTIFICATE OF SERVICE

   This is to certify that in this case, previously assigned to Judge [insert the name of the Judge to whom the case was previously assigned], complete copies of this filing, including attachments, have been served upon the following persons, by the following means, and on the date(s) stated:

Name and Address:	Means of Service:	Date of Service:
______	______	______
______	______	______
______	______	______

Attorney's Name
Address
I.D. Number
Telephone Number

IN THE COURT OF COMMON PLEAS OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
______ COUNTY BRANCH
CIVIL

______ ,
                     Plaintiff
               vs.                        No. A. D. ______

______ ,
                     Defendant

Type of Document:  ____________________(Filed on Behalf of)
__________ (Plaintiff/Defendant)

Counsel of Record for this Party:
__________ (Name of Attorney Primarily Responsible)

Supreme Court I.D. No. ______
__________ (Firm name, if any)
__________ (Address)
____________________ __________(Phone)
__________ (Fax number)

Exhibit L205.2

Rule L206.1.  Petition.

Rule L206.1(a).  Definition.

   ''Petition,'' as used in these rules, shall mean:

   (1)  an application to open a default judgment or a judgment of non pros,

   (2)  a petition for civil contempt, except in a support or custody action, and

   (3)  petition for relief from a judgment by confession.

Rule L206.1(b).  Content.

   All petitions and reasons therefore, shall be typewritten or printed, signed by a party or counsel of record and shall contain the caption of the case, a description of the petition, the reasons therefore, and the relief requested. A proposed order shall be included. For all petitions, the notice, the certificate of service, and the information for the court administrator shall be attached as the last page to the petition.

   When the petition requests a hearing it shall contain: (a) an estimate of the total amount of time the hearing will take and (b) the name of the judge who heard any prior matter in the case.

   The petitioner shall notify the respondent on the face sheet of the petition of the following:

NOTICE

   A petition has been filed against you in Court. If you wish to defend against the claims set forth in the petition, you must take action as specified in the rule returnable and file in writing with the court your defenses or objections to the matter set forth against you. You are warned that if you fail to do so, the case may proceed without you and an order may be entered against you by the court without further notice for the relief requested by the petitioner. You may lose rights important to you.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help.

PA Lawyer Referral Services PA Bar Association 100 South Street Harrisburg, PA 17108 Phone [phone]

Northwestern Legal    Services Warren, PA 16365 Phone [phone]

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.

Rule L206.2.  Answer to Petition or Rule to Show Cause.

   Each respondent shall file an answer to a petition or rule to show cause within the time prescribed by the Court or if not stated within twenty (20) days after the petition or rule is served on such respondent. Respondent shall at once serve a copy of the pleading on each adverse party or their counsel in the manner prescribed by Pa. R.C.P. No. 440. Answers shall conform to the requirements for answers to complaints in civil actions under the applicable Rules of Civil Procedure, and the manner and effect of failure to answer, admissions and/or denials shall be governed by the provisions of Pa. R.C.P. No. 206.7

Rule L206.4(c).  Procedure for the Issuance of a Rule to Show Cause.

   A petition seeking the issuance of a rule to show cause shall be filed in the Prothonotary's Office. A proposed order, in the form prescribed by Pa. R.C.P. 206.6(c), shall be attached to the petition. After filing, the Prothonotary's Office shall transmit the petition to the Court Administrator for consideration by the Court.

   Upon the filing of a petition, a rule to show cause shall be issued as a matter of course pursuant to Pa. R.C.P. 206.6, unless otherwise required by statute or other Pennsylvania Rule of Civil Procedure.

   A request for a stay of execution pending disposition of a petition to open a default judgment is governed by motion procedure, not petition procedure. See Rule L208.3(a).

Rule L208.2  Motion.

Rule L208.2(a)  Content.

   All motions and reasons therefore, shall be typewritten or printed, signed by a party or counsel of record and shall contain the caption of the case, a description of the motion, the reasons therefore, and the relief requested. A proposed order shall be included. For all motions the notice, the certificate of service, and the information for the court administrator shall be attached as the last page to the motion.

   When the motion requests a hearing it shall contain: (a) an estimate of the total amount of time the hearing will take and (b) the name of the judge who heard any prior matter in the case. See also Rule L205.2(e) regarding Certificate of Service.

Rule L208.2(b)  Verification.

   See Rule L205.2(d).

Rule L208.2(c)  Statement of Authority.

   All motions shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.

Rule L208.2(d)  Certification of Uncontested Motions.

   If the moving party intends to present the motion as uncontested, the motion shall include a written consent by opposing counsel and any unrepresented parties or the motion shall include a certification that the moving party has been in contact with opposing counsel and any unrepresented parties and that opposing counsel and any unrepresented parties do not contest the motion.

Rule L208.2(e)  Certification of Discovery Motions.

   Motions relating to discovery shall include a certification by counsel for the moving party that counsel has conferred or attempted to confer with opposing counsel and any unrepresented parties having an interest in the motion in an attempt to resolve the matter without court action and has been unable to reach a satisfactory resolution of the issues presented.

Rule L208.3(a)  Motion Procedure.

   A.  All Motions shall be filed with the Prothonotary's Office and shall include a proposed scheduling order. Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument. The Court, in its discretion, may decide the matter at argument or take the matter under advisement.

   B.  The Court, in its discretion, may hear any argument by telephone or videoconference hookup provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the Court provides otherwise.

   C.  The official Court Reporter does not attend arguments unless directed by the Court.

   D.  The moving party in all post-trial or post-hearing motions shall, if the argument relates to the testimony presented, arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.

   E.  Emergency motions shall be governed by the above procedure, except that after filing, the moving party shall notify the Prothonotary and Court Administrator of the emergency situation and may request that the Court immediately consider the motion. If the moving party is requesting a waiver of the certificate of service requirement, the party shall make every effort to notify opposing parties of the substance of the motion and the time of filing and presentation to the Court. See L205.2(e) regarding Certificate of Service.

   F.  Motions for continuance must be made in writing or of record in open court unless excused by the Court for cause. Absent exceptional circumstances, motions for continuance shall be presented no later than ten (10) 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. 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.

   Absent extraordinary circumstances, a request for 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, the scheduling order from the other Court of Common Pleas shall be attached to the motion.

   G.  A motion requesting a stay of execution pending disposition of a petition to open a default judgment shall be considered in the same manner as other motions or emergency motions, if applicable.

Rule L208.3(b)  Response to Motion.

   No response is required to any motion unless required by Pa.R.C.P. or unless required by the Court in the scheduling order. See L210 for briefing requirements.

Rule L210.  Briefs.

   Briefs shall be in the form specified by Pa.R.C.P. 210.

   Any party desiring to file a brief shall do so upon the following schedule: (1) The moving party shall file a brief ten days in advance of argument court and (2) The responding party shall file a brief three days in advance of argument court.

   Briefs shall be filed with the Prothonotary with a copy to the Court Administrator and a copy shall be served on all parties of record. See L205.2(e) regarding Certificate of Service.

   Briefs, which refer to deposition testimony, affidavits, answers to interrogatories, etc. shall have appended to the brief a copy of that portion of the testimony referenced in the brief.

Rule L211.  Oral Arguments.

   Oral arguments shall be limited to a maximum of ten (10) minutes for each party unless extended by the Court.

   Rebuttal and surrebuttal argument shall be permitted only by leave of Court.

   The Court Administrator shall schedule oral arguments. The argument list shall close 20 days before argument court.

Rule L300.  Prothonotary. Collection of Costs.

   The Prothonotary shall establish, implement, maintain and utilize a system for the collection of outstanding unpaid fees and costs. The Prothonotary shall keep a separate listing of the date costs and fees were imposed, the date due, collection efforts, and the dates and amounts of payment. The Prothonotary shall make an annual report to the President Judge on or before April 1st of each year for the preceding calendar year setting forth the amount of outstanding costs and fees imposed on a delay time payment basis, the amount of said costs paid during the year and the amount of the unpaid costs at the end of the year. For the purpose of this rule costs and fees which are either paid at the time that services are incurred or paid at the time that the order imposing the costs and fees is entered are not included in this rule. This rule governs costs which either the Court or the Prothonotary has given an attorney or party time to pay.

Rule L1012.  Withdrawal of Appearance.

   Requests to withdraw appearance, which require court approval, shall comply Pa. R.C.P. 1012 and with L208.3(a), except that said motions, when not contested by the opposing party, need not be scheduled for argument but may be presented in chambers.

Rule L1028(c).  Preliminary Objections.

   All preliminary objections shall be filed with the Prothonotary and shall include a proposed scheduling order. Preliminary objections should not be filed with the Court Administrator. Courtesy copies for the court are not required. Preliminary objections should not be filed in duplicate or by facsimile transmission. The court will take no action until the preliminary objections have been filed of record. No response is required to any preliminary objection unless required by Pa.R.C.P. or unless required by the Court in the scheduling order.

   Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument. The court, in its discretion, may decide the matter at argument or take the matter under advisement.

   All preliminary objections shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the preliminary objections or, if the preliminary objections do not raise complex legal or factual issues, in the body of the preliminary objections.

   The court, in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.

   The official court reporter does not attend argument unless directed by the court.

Rule L1034(a).  Motion for Judgment on the Pleadings.

   A motion for judgment on the pleadings and a brief in support thereof shall be filed with the Prothonotary and shall include a proposed scheduling order. A motion for judgment on the pleadings should not be filed with the Court Administrator. Courtesy copies for the court are not required. A motion for judgment on the pleadings should not be filed in duplicate or by facsimile transmission. The court will take no action until the motion has been filed of record. The opposing party shall file an answer and reply brief to the motion within twenty (20) days after service of the motion, unless the time for filing the response is modified by court order.

   Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument. The court, in its discretion, may decide the matter at argument or take the matter under advisement.

   The court, in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.

   The official court reporter does not attend argument unless directed by the court.

Rule L1035.2(a).  Motion for Summary Judgment.

   A motion for summary judgment and a brief in support thereof shall be filed with the Prothonotary and shall include a proposed scheduling order. A motion for summary judgment should not be filed with the Court Administrator. Courtesy copies for the court are not required. A motion for summary judgment should not be filed in duplicate or by facsimile transmission. The court will take no action until the motion has been filed of record. The opposing party shall file an answer and reply brief to the motion within thirty (30) days after service of the motion, unless the time for filing the response is modified by court order.

   Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument. The court, in its discretion, may decide the matter at argument or take the matter under advisement.

   The court, in its discretion, may hear any argument by telephone or videoconference hookup, provided counsel has made a prompt request to participate electronically in writing to the Court Administrator. The party requesting the opportunity to participate electronically shall bear the cost thereof, unless the court provides otherwise.

   The official court reporter does not attend argument unless directed by the court.

[Pa.B. Doc. No. 04-1274. Filed for public inspection July 16, 2004, 9:00 a.m.]