SCHUYLKILL COUNTY Amended Civil Rules of Procedure [34 Pa.B. 3688] Order of Court And Now, this 1st day of July, 2004, at 2:45 p.m., Schuylkill County Civil Rules of Procedure are amended/adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective July 24, 2004 pursuant to PA. R.C.P. 239.8.
The Prothonotary of Schuylkill County is Ordered and Directed to do the following:
1) File seven (7) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.
3) File one (1) certified copy of this Order and Rule with the Pennsylvania Civil Procedural Rules Committee.
4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rule.
It is further Ordered that said rules as then existed prior to the amendment is hereby repealed and annulled on the effective date of said rules as amended/adopted, but no right acquired thereunder shall be disturbed.
By the Court
WILLIAM E. BALDWIN,
President JudgeRule 205.1 Custody of Papers.
(a) All papers relating to civil matters shall be filed in the Office of the Prothonotary, with the exception of support matters which shall be filed with the Domestic Relations Section in accordance with appropriate statutes, Pennsylvania Rules of Civil Procedure, and these rules, with a case number and year thereon and the date and hour of filing to be stamped thereon by the Prothonotary or Clerk of the Domestic Relations Section.
(b) Upon receipt by the Prothonotary of the record of a case transferred from another judicial district, the Prothonotary shall assign a case number and year to the action and shall notify all counsel of record thereof.
(c) Prepayment of costs for filing. The Prothonotary, Clerk of Court of Common Pleas, Register of Wills, Clerk of the Orphans' Court Division, Clerk of the Domestic Relations Section, and the Recorder of Deeds shall have the right to require payment for the filing, recording, or service of a paper or pleading at the time same is filed and, if said officer is unable to determine in advance the amount so required, he shall have a right to require a reasonable sum as a deposit against the costs for filing, recording, or service of a paper or pleading at the time same is filed.
(d) The record papers in the Office of the Prothonotary and Domestic Relations Section shall be in the custody of said officials who shall be responsible for their safekeeping. No person, other than the prothonotary or the Chief of the Domestic Relations Section, or their duly authorized clerks, shall have access to the files in which such record papers are kept.
(e) Auditors, masters, and other similar officers appointed by the Court shall have authority to remove such records as may be necessary for the purposes of their appointment, and they shall return the same within three (3) months unless the Court authorizes their longer retention.
(f) None other than those named in (e) shall be permitted to remove the papers from the Office of the Prothonotary or Domestic Relations Section without a written Order of Court. It shall be the duty of the Prothonotary and the Chief of the Domestic Relations Section to insure full compliance with this rule.
(g) The record papers may be examined and copied by any other party in interest only in the office of the Prothonotary or Domestic Relations Section. However, the original transcript of testimony may not be photocopied.
(h) The Prothonotary shall keep and maintain the following dockets:
(1) Suit Docket
(2) Judgment Docket
(3) Federal Tax Lien Docket
(4) Secured Transaction Docket
(5) Fictitious Names Docket
Rule 205.2(a) Filing Legal Papers.
All papers, pleadings, and documents filed with the Prothonotary and Domestic Relations Section shall be on 8 1/2 × 11 inch paper, and where signatures are required, such signatures shall be in black or blue-black ink.
Rule 205.2(b) Filing Legal Papers. Praecipe to Transmit.
All filings which require action by a judge or an assignment by the Court Administrator shall be accompanied by a praecipe to transmit on Prothonotary Form 205.2(b), and shall indicate the nature of the filing and what action is being sought to move the matter forward. The purpose of the praecipe is to advise the Court of what may be necessary for a disposition (i.e. when a hearing is required; when a matter is ripe for disposition on the record; matters that can be immediately addressed) and to expedite action on the filing. When a non-jury trial or a hearing involving witnesses is being requested, then the moving party shall list the witnesses to be presented and include an estimate as to the time required to present the case. In matters requiring a non-jury trial or hearing, opposing counsel is required to submit a report in WRITING to the Court Administrator within ten (10) days of the moving party's filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case. Failure to file the praecipe to transmit or to indicate what action is required from the Court may result in denial of the relief sought. Failure to list witnesses may result in the preclusion of their testimony.
FORM OF PRAECIPE TO TRANSMIT.
Pursuant to this Rule, the Praecipe to Transmit shall be in the following form:
(CAPTION)
PRAECIPE FOR CERTIFICATION--PROTHONOTARY FORM 205.2(b)TO: THE PROTHONOTARY: Transmit the attached filing to the Court Administrator for Assignment to a Judge. The nature of the filing and requested action is as follows:
____ Jury Trial--(Complete Certificate of Readiness) ____ Non-Jury Trial--
Any matter dispositive of the case e. g.:
( ) Equity Actions; ( ) Tax Appeals; ( ) Summary Appeals;
( ) Name Change Actions; ( ) Permanent Injunctions;
( ) Other _________________ (specify)
I estimate it will require ____ hours to present the plaintiff's/defendant's case and I will present only the following witnesses for testimony: _________________
_________________ ____ Petition pursuant to Pa.R.C.P. 206.1 requesting
( ) Issuance of Rule to Show Cause; ( ) Transfer to Court for disposition, no answer having been filed;
( ) Transfer to Court for disposition, contested matter and fact finding complete or unnecessary;
( ) Other _________________ (specify)Issue that can be decided on the record and briefs, being: ( ) Gov't Appeal; ( ) Exceptions;
( ) Judgment on the Pleadings; ( ) Summary Judgment;
( ) Other _________________ (specify)Issue that can be assigned for immediate actions, being: ( ) Stipulation; ( ) Uncontested Motion; ( ) Motion for Appointment; ( ) Quiet Title Motion;
( ) Other _________________ (specify)____ Contested Motion (Memo Attached), being:
( ) Discovery Motion;
( ) Other _________________ (specify)____ ( ) Transmit to Custody Officer. Reason: _____
(If hearing is required, complete the time and witness portion of this form).
____ Hearing required/requested: Reason for Hearing:
_________________
( ) Special Relief; ( ) Contempt Petition;
( ) Preliminary Injunctions;
( ) Other _________________ (specify)
I estimate it will require ______ hours to present the plaintiff's/defendant's case and I will present only the following witnesses for testimony:
_________________
_________________ _________________
_________________ _________________
Attorney for PlaintiffsDate: _________________
For Defendant: _________________
For Plaintiff: _________________
Notice: In matters requiring a non-jury trial or hearing opposing counsel is required to submit a report in WRITING to the Court Administrator within 10 days, (1) listing the names of the witnesses they will use at the hearing; and (2) an estimate of the time required to present their case.
Rule 206.1(a) Petitions.
As used in this chapter, ''petition'' includes an application:
(1) to open a default judgment, or
(2) to open a judgment of non pros.
Petition and answer practice shall comport with Pa.R.C.P. 206.1 and 206.2 and the rule provisions of Sch.R.C.P. 1019 setting forth the authority on which the Petition is based.
Rule 206.4(c) Rule to Show Cause.
(1) A rule to show cause shall issue as a matter of course pursuant to Pa.R.C.P. 206.6
(2) Each petition seeking issuance of a rule to show cause shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b). Upon filing, an Order in the form set forth in Sch.R.C.P. 206.6 shall be issued as of course and the parties shall thereafter proceed pursuant to the provisions of Pa.R.C.P. 206.7 and Sch.R.C.P. 206.7.
Rule 206.6 Form of Order.
Pursuant to this rule the petitioner shall attach to any petition seeking a rule to show cause a proposed order and the following form:
(CAPTION) ORDER AND NOW, this ______ day of ______ , 20 ____ , upon consideration of the foregoing petition, it is hereby DIRECTED that:
(1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to he relief requested;
(2) The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7;
(4) Depositions shall be completed within 60 days of this date unless otherwise extended by the Court;
(5) Either party may request oral argument pursuant to Sch.R.C.P. 206.7(d); and
(6) Notice of the entry of this order shall be provided to all parties by the petitioner.
BY THE COURT,
______ J.
Rule 206.7 Procedure After Issuance of Rule to Show Cause.
(a) In the event the respondent fails to file an answer to the rule within the time set forth in the rule, the movant may request to have the matter assigned to the Court for entry of an appropriate order by praecipe to transmit pursuant to Sch.R.C.P. 205.2(b).
(b) If the defendant files an answer to a disputed rule raising no issue of material fact, either party may request to have the matter assigned to the Court for entry of an appropriate order by filing a Praecipe to Transmit pursuant to Sch.R.C.P. 205.2(b).
(c) When a contested case is at issue, and the parties have complied with the fact finding provisions of Pa.R.C.P. 206.7(c) and 206.7(d), where applicable, either party may move to have the matter assigned to the Court for disposition by praecipe pursuant to Sch.R.C.P. 205.2(b).
(d) In cases where an answer has been filed, each party shall file of record a brief in support of their respective position within twenty (20) days of the date of filing the praecipe to transmit the matter to the Court for disposition. Unless otherwise requested, contested petitions shall be decided upon the record. Either party may request oral argument by filing a written request for oral argument with the Court Administrator of Schuylkill County.
Rule 208.1 Motion. Definition.
(a) All motions or petitions for appointment, and all miscellaneous matters shall be governed by this Rule, 208.1 et seq.
Rule 208.2(c) Motion. Form.
All motions shall state with particularity the grounds on which they are based, and each shall be accompanied by a form of order which, if approved by the Court, would grant the relief sought by the motion. Every response in opposition to a motion shall be accompanied by a form of order, which, if approved by the Court, would deny or amend the relief sought by the motion.
Rule 208.2(d) Uncontested Motions.
Every uncontested motion shall be accompanied by a certificate of counsel that such motion is uncontested, substantially in the following form:
(CAPTION)
CERTIFICATION______ hereby certifies that a copy of the attached petition/motion was served upon the party listed below, in the manner and date set forth, and that the undersigned has received an affirmative response from that party indicating that the petition/motion is not opposed.
Date served: ______ Served upon: ______
(Name)Manner of Service: ______ ______
(address)______
______
(signature)
Rule 208.2(e) Motion. Discovery-Related Issues.
A party may, with respect to discovery-related issues, file a motion for scheduling conference with the Court when the party is unable to coordinate the scheduling of depositions or other discovery despite reasonable and good faith efforts to do so. The motion for scheduling conference should state in specific detail the efforts which counsel has made to schedule discovery and otherwise complete discovery. Upon addressing a motion for scheduling conference and any response thereto, the Court may hold a hearing or scheduling conference at its discretion.
Rule 208.3(a) Motion Procedure.
An original and one copy of all motions or filings pursuant to this provision, together with a praecipe to transmit as set forth in Sch.R.C.P. 205.2(b), shall be filed with the Prothonotary, which office shall transmit the pleadings to the Court Administrator for assignment to a Judge for disposition. The praecipe must indicate the nature of the action requested of the Court to move the matter forward.
(1) Motions for final judgment in quiet title actions, where service was made by publication, shall contain a certificate of publication indicating the dates and sources of such publication.
(2) Any interested party may make a written request for oral argument on a motion. The Court may require oral argument whether or not requested by a party.
(3) This Rule does not apply to matters set forth in Pa.R.C.P. 208.1(b)(1) and (b)(2).
Rule 208.3(b) Motion Procedure. Response Required.
Every motion not certified as uncontested shall be accompanied by a memorandum containing a concise statement of the legal contentions and authorities relied upon in support of the motion and an affidavit of service upon the party against whom relief is sought, or to his attorney. Any party opposing the motion shall file and serve such answer or other response that may be appropriate, a memorandum in opposition, and an affidavit of service upon the other party within twenty (20) days after service of the originating motion and supporting brief, unless the Pennsylvania Rules of Civil Procedure mandate a period of time different than twenty (20) days. In the absence of a timely response, the motion may be treated as uncontested. The Court may require or permit further briefing, if appropriate.
Rule 1028(c) Preliminary Objections
(1) All preliminary objections will be disposed of by one Judge on behalf of the Court, unless such objections are certified by the Judge to be of sufficient importance to require disposition by the Court en banc.
(2) Preliminary objections shall be accompanied by a memorandum of law in support of the objections. A certification of service thereof upon opposing counsel shall be filed within 10 days after the filing of the preliminary objections.
(3) Respondent's memorandum of law contra the preliminary objections shall be filed within twenty (20) days after service of the brief of the moving party, and shall contain a certification of service upon the moving party.
(4) When the date for he filing of respondent's memorandum has passed, the Prothonotary shall deliver the preliminary objections, memorandum of law, and other file papers to the Court Administrator. The Judge to whom the preliminary objections are assigned may, if requested, set the matter for oral argument, or may dispose of the objections on the briefs submitted.
(5) Preliminary objections filed in domestic relations and paternity cases shall not be cause for delay in hearing or interviews scheduled by the Domestic Relations Office. Such objections will be determined by the Court when and if hearings before a Judge and/or a jury are required for adjudication of the issues involved in the petition or complaint. Defendant's brief will be filed with the objections and plaintiff's brief shall be filed 3 days before any scheduled hearing.
(6) In the event disposition of a preliminary objection requires fact finding, the filing party shall accompany the preliminary objections with a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b), specifying that a hearing is required and the reasons the hearing is necessary.
Rule 1034(a) Motion for Judgment on the Pleadings.
A motion for judgment on the pleadings shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within twenty (20) days from the date of service of the original motion.
Rule 1035.2(a) Motion for Summary Judgment.
A motion for summary judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within thirty (30) days after service of the original motion.
Effects of the Changes on Other SCH.R.C.P. Rules:
Rule 14(B)(3) = Changes 206 to 208.3
Rule 14(D)(2) = Changes 205.3 to 205.2(b); changes 206A to 208.1 et seq.; changes 205.3 to 205.2(b).
Rule 301(b) = Changes 205.3 to 205.2(b)
Rule 1513 = Changes 205.3 to 205.2(b)
Rule 1920.55(h)(7) = Changes 205.3 to 205.2(b).
Rule 2039(b) = Changes 205.3 to 205.2(b)
Rule 2959 = Changes 205.3 to 205.2(b); changes 205.3 to 205.2(b).
**** Also, changed Rule 212.1 (d) from ''tow'' to ''two''; and Rule ''1920.55'' to ''1920.55-2.''
[Pa.B. Doc. No. 04-1277. Filed for public inspection July 16, 2004, 9:00 a.m.]
