LACKAWANNA COUNTY Repeal and Adoption of Rules of Civil Procedure; 94 CIV 102 [34 Pa.B. 3884] Order And Now, this 9th day of July, 2004, it is hereby Ordered and Decreed that the following Lackawanna County Rules of Civil Procedure are amended as follows:
1. Lacka. Co. R.C.P. 205, 206, 206.1, 206.2, 285, 295, 1018.2, 1028, 1501, 1511, 1530 and 4010.1 as implemented between January 1, 1994 and November 22, 2003, are repealed;
2. Lacka. Co. R.C.P. 210, 211(a), 212(a) and (d), 212.5(a), 213, 214(a), 240, 250 and 430.3 are amended as reflected in the following rules;
3. New Lacka. Co. R.C.P. 205.2, 206.1, 206.4, 208.2, 208.3, 230.2, 1028(c), 1034(a) and 1035.2(a) are adopted as reflected in the following rules;
4. Pursuant to Pa. R.Civ.P. 239(c) and 239.8(b)--(d) (as amended June 30, 2004), the following Local Rules shall be disseminated and published as follows:
(a) Seven certified copies of the Local Rules shall be filed with the Administrative Office of the Pennsylvania Courts;
(b) Two certified copies of the Local Rules and a computer diskette containing the text of the Local Rules in MS-DOS, ASCII, Microsoft Word, or WordPerfect format and labeled with the court's name and address and computer file name shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(c) One certified copy of the Local Rules and a computer diskette containing the text of the Local Rules in MS-DOS, ASCII, Microsoft Word, or WordPerfect format and labeled with the court's name and address and computer file name shall be filed with the Civil Procedural Rules Committee which shall then forward a copy to the Administrative Office of the Pennsylvania Courts (AOPC) for publication on the AOPC web site;
(d) The Local Rules shall be kept continuously available for public inspection and copying in the Office of the Clerk of Judicial Records, Civil Division, and upon request and payment of reasonable costs of reproduction and/or mailing the Clerk of Judicial Records shall furnish to any person a copy of the requested Local Rule(s);
(e) A computer diskette containing the text of the following Local Rules in either MS/DOS, ASCII, Microsoft Word or WordPerfect format and labeled with the court's name and address and computer file name shall be distributed to the Lackawanna Bar Association;
(f) The Local Rules shall be published on the web site of the Lackawanna Bar Association (www.lackawannabar.com) and the web site of the Administrative Office of the Pennsylvania Courts (http://ujsportal.pacourts.us/);
5. The following repeals, amendments and new adoptions to Local Rules 211(a), 212(a) and (d), 215.5(a), 213, 214(a), 230.2, 240, 250, 285, 295, 430.3, 1501, 1511, 1530, and 4010.1 shall become effective thirty (30) days after the date of their publication in the Pennsylvania Bulletin as per Pa.R.Civ.P. 239(d); and
6. The following repeals, amendments and new adoptions to Local Rules 205, 205.2, 206, 206.1, 206.2, 206.4, 208.2, 208.3, 210, 1018.2, 1028(c), 1034(a) and 1035.2(a) shall become effective upon publication on the web site of the Administrative Office of the Pennsylvania Courts pursuant to Pa. R.Civ.P. 239.8(d).
By the Court
CHESTER T. HARHUT,
President JudgeRULES OF CONSTRUCTION Rule 51. Title and Citation of Rules.
All rules adopted by the Court of Common Pleas of Lackawanna County pertaining to Civil Procedure shall be known as the Lackawanna County Court of Common Pleas Rules of Civil Procedure and may be cited as ''Lacka. Co. R.C.P. ____ .''
Rule 52. Effective Date of Rules.
Each rule adopted by the Court of Common Pleas of Lackawanna County, whether civil, criminal, orphans', or governing district justices, shall become effective upon the date specified by the court in promulgating the rule; but, no rule shall be effective until notice of its promulgation is published in the ''Lackawanna Jurist.'' The content of each rule promulgated shall be made available through the Lackawanna County Bar Association and as mandated by law or rule of the Pennsylvania Supreme Court.
Rule 76. Definitions.
Unless the context clearly indicates otherwise, each word or phrase when used in any rule promulgated by the Court of Common Pleas of Lackawanna County shall have the same meaning as that word or phrase is given in the Pennsylvania Rules of Civil Procedure, with the exception of the following:
(a) ''court'' or ''the court'' shall mean the Court of Common Pleas of Lackawanna County;
(b) ''rule'' shall mean any rule of civil procedure promulgated by the Court of Common Pleas of Lackawanna County;
(c) ''party'' or ''parties'' shall mean the party or parties appearing in a civil action pro se, or the attorney or attorneys of record for such party or parties, where appropriate.
Rule 101. Principles of Interpretation.
In the construction of any rule, the principles set forth in the chapter of the Pennsylvania Rules of Civil Procedure designated ''Rules of Construction'' shall be observed unless the application of such principles would result in a construction inconsistent with the manifest intent of the court.
Rule 127. Construction of Rules.
(a) The object of all interpretation and construction of the Rules of Civil Procedure of the Court of Common Pleas of Lackawanna County is to ascertain and effectuate the intention of this court.
(b) Each rule shall be construed, if possible, to give effect to all its provisions. When the words of a rule are clear and free from all ambiguity, the letter of the rule is not to be disregarded under the pretext of pursuing its spirit.
(c) When the words of a rule are not explicit, the intention of the Court of Common Pleas of Lackawanna County may be ascertained by considering, among other matters:
(1) the occasion and necessity for rule;
(2) the circumstances under which the rule was promulgated;
(3) the purpose for which the rule was promulgated and the object to be attained;
(4) the prior practice, if any, upon the same or similar subjects;
(5) the consequences of a particular interpretation;
(6) the history of the rule; and,
(7) the practice followed under the rule.
Rule 128. Presumptions and Ascertaining the Intent of the Court of Common Pleas of Lackawanna County.
In ascertaining the intention of the Court of Common Pleas of Lackawanna County in the promulgation of a rule of civil procedure, all seeking to interpret the rule should be guided by the following presumptions:
(a) that the Court of Common Pleas of Lackawanna County does not intend a result that is absurd, impossible of execution, or unreasonable;
(b) that the Court of Common Pleas of Lackawanna County intends that the entire rule or chapter of rules is to be effective and certain;
(c) that the Court of Common Pleas of Lackawanna County does not intend to violate the Constitution of the United States or of this Commonwealth or any rule promulgated by the Supreme Court of Pennsylvania;
(d) that the Court of Common Pleas of Lackawanna County intends to favor the public interest as against any private interest; and,
(e) that no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.
Rule 130. Construction of Rules and Derogation of the Common Law.
The principle that laws in derogation of the common law are to be strictly construed shall have no application to any rule of civil procedure promulgated by the Court of Common Pleas of Lackawanna County.
Rule 151. Effective Date of Amendments.
An amendment to a rule of procedure, whether civil, criminal, orphans', or governing district justices, shall be effective upon the date specified by the court in promulgating the amendment; but, no amendment shall be effective until notice of its promulgation is published in the ''Lackawanna Jurist.'' The content of each amendment promulgated shall be made available through the Lackawanna County Bar Association and as mandated by law or rule of the Pennsylvania Supreme Court.
THE BUSINESS OF THE COURT Rule 171. Sessions of Court.
The court shall annually, by order, prescribe the official Judicial Calendar of the Court of Common Pleas of Lackawanna County for the next calendar year following said annual order, and shall in said order prescribe the sessions of court to be held during the year and designate the time for each. Such order shall be published in the ''Lackawanna Jurist.''
Rule 172. Holidays
The Court of Common Pleas of Lackawanna County shall not be in session on any day designated by the laws of Pennsylvania or by any proper authority as a legal holiday within the commonwealth of Pennsylvania. Whenever the initial day of any session of court or any return day shall fall on any legal holiday, the next succeeding secular weekday shall be considered the initial day of said session or the return day as the case may be. Motion court due to be held on a legal holiday will be postponed to the next regular day of hearing motions.
Rule 188. Professional Conduct.
The Code of Professional Responsibility, as adopted by the Supreme Court of Pennsylvania, is hereby adopted as the standard of conduct for members of the bar of this court.
Any attorney of this court who shall be found to have violated any of the standards of conduct established for attorneys of this court or to have been disbarred from practice or disciplined in any court of record of this Commonwealth, of the United States, or of any other state, territory or insular possession of the United States may be suspended or disbarred from practice in this court or otherwise disciplined as the court shall determine.
PRACTICE AND PROCEDURE GENERALLY Rule 200. Attorneys Practicing Before This Court.
(a) Any person of good moral and professional character who is learned in the law and has been formally admitted to the bar of this court or of the bar of the Supreme Court of Pennsylvania may practice law in this court.
(b) Attorneys of record of other counties of Pennsylvania, who have yet to be admitted to the bar of the Supreme Court of Pennsylvania but who are eligible for admission on motion to said bar, and attorneys of record from other states, who have been admitted to the general practice of law in such other states, may be admitted to practice pro hac vice in this court for a particular case or proceeding on oral motion of an associate attorney of record appearing in the case or proceeding who is a member of the bar of this court.
(c) Any attorney admitted to the bar of this court under this rule shall file with the Clerk of Judicial Records of Lackawanna County an address for the service or receipt of all pleadings, motions, notices and other papers served or sent in pursuance of the rules of this court. Any changes of address shall be reported promptly to the Clerk of Judicial Records.
Rule 200.1. Appearances and Withdrawals.
(a) The signing of a pleading or motion by an attorney shall be deemed an entry of appearance. Appearance by an attorney or a party not signing pleadings or motions shall be by praecipe filed with the Clerk of Judicial Records.
(b) Appearance of counsel shall not be withdrawn except by leave of court or by stipulation of counsel representing all parties to the action. If at the time that withdrawal is sought, the case has been assigned to a judge for trial or has been tried, a motion to withdraw shall be presented to the trial judge for determination. Otherwise, such motion shall be presented at motion court and a rule to show cause shall issue to the client represented by the movant and to all other parties in the litigation.
Rule 201. Agreements of Attorneys.
All agreements of attorneys pertaining to the business of the Court of Common Pleas of Lackawanna County shall be in writing signed by all parties to the agreement or shall be entered on the record if made in the course of a court proceeding; otherwise, such agreements shall have no validity if disputed by any party to the alleged agreement.
Rule 205.2. Civil Filing Requirements
(a) All new civil actions are to be filed on 8 1/2" x 11" paper in the Office of the Clerk of Judicial Records, Lackawanna County Courthouse, 200 N. Washington Avenue, Scranton, PA 18503.
(b) No summons, complaint, pleading or other document used to commence a new civil action will be accepted for filing by the Clerk of Judicial Records unless it is accompanied by a duly completed Civil Cover Sheet in the format set forth in Form 1 of the Appendix.
206.1. Definition of Petition.
(a) In addition to an application to open a default judgment or a judgment of non pros, a party seeking relief from the court shall proceed by petition and rule when the party is seeking an order which is not otherwise covered by any statute or rule of civil procedure governing motions, including an order:
(1) imposing sanctions for failure to obey a discovery order;
(2) holding a party or witness in contempt;
(3) granting relief from any other judgment, including judgments entered by confession; or
(4) granting a preliminary injunction
(b) Any party presenting a petition seeking the issuance of a rule to show cause must follow the procedures set forth in Lacka. Co. R.C.P. 206.4(c).
Rule 206.4. Issuance of Rule to Show Cause.
(a) Any petition presented pursuant to Lacka. Co. R.C.P. 206.1(a) shall proceed upon a rule to show cause.
(b) The procedure following the issuance of the rule to show cause shall be in accordance with Pa. R.Civ.P. 206.7.
(c) In conformity with Pa. R.Civ.P. 206.6, a rule to show cause shall be issued as of course upon the filing and presentment of the petition. To secure a rule to show cause, the petition shall be presented to the Motions Court judge under Lacka. Co. R.C.P. 208.3(a) and shall be accompanied by a proposed order in the format prescribed by Pa. R.Civ.P. 206.6(c) and the Official Note thereto. The court may grant a stay of execution or stay of the proceedings only upon request by the petitioner and for cause shown. Following presentment of the petition to the Motions Court judge, the petitioner shall proceed pursuant to Lacka. Co.R.C.P. 211 and secure a rule returnable date and a hearing date, if necessary, from the Court Administrator and shall thereafter file the original petition and rule to show cause with the Clerk of Judicial Records, with copies of the same being served upon all counsel and unrepresented parties in accordance with the Pennsylvania Rules of Civil Procedure and Lacka. Co. R.C.P. 440. The petitioner shall file a certificate of service with the Clerk of Judicial Records verifying that the petition and rule have been duly served upon all counsel and unrepresented parties.
Rule 208.2. Motion. Form. Content.
(c) In addition to the form and content requirements set forth in Pa. R.Civ.P. 208.2, a motion shall include a brief statement of the applicable authority with citations to the official reports. If a moving party relies upon an unpublished opinion as authority, a copy of the unpublished opinion must accompany the motion as an attachment.
(d) All motions shall contain a certification by counsel for the movant that counsel has sought concurrence in the motion from each party and, when appropriate, that the motion being presented is uncontested.
(e) Any motion relating to discovery shall include a certification signed by counsel for the moving party certifying that counsel has conferred or attempted to confer with all interested parties in a good faith effort to resolve by agreement the issues raised by the motion without court intervention, together with a detailed explanation why such agreement could not be reached. If part of the issues raised by the motion have been resolved by agreement, the statement shall specify the issue(s) so resolved and the issue(s) remaining unresolved.
(f) A party seeking relief from the court by way of motion shall serve all counsel and unrepresented parties with a copy of the motion, together with notice that the motion will be presented to the court on a date certain, at least three (3) business days (excluding Saturdays, Sundays and holidays) prior to the date of presentation.
Rule 208.3. Motion Procedure.
(a) (1) Except for discovery motions which are governed by Lacka. Co. R.C.P. 4000, 4000.1, 4012, 4013 and 4019, any motion as defined by Pa. R.Civ.P. 208.1 shall be presented in Motion Court which shall be held daily by the designated Motions Court judge on Monday through Thursday at 9:00 a.m. and by the Court en banc on Friday at 9:30 a.m. Counsel and pro se litigants who desire to make motions or to present petitions at Motion Court shall write their names legibly in the motion book maintained for such purposes. Unless otherwise directed by the Motions Court judge, all motions shall be heard in the order in which the names appear in the motion book. Motion court involving domestic relations and orphans' court matters shall be held by the judges assigned to the family court division and the orphans court division at the times and on the days designated by the Court Administrator pursuant to Lacka. Co. R.C.P. 1915.5, 1915.12--1915.14, and 1920.22 and Lacka. Co. O.C.R. 1.2(2).
(a) (2) Whenever practicable, emergency motions shall likewise be presented in Motion Court pursuant to Lacka. Co.R.C.P. 208.3(a)(1). In the event that an emergency motion cannot be presented in Motion Court, the party or counsel presenting an emergency motion shall submit the motion to the Court Administrator who will assign the emergency motion to an available judge under Pa. R.Civ.P. 249 for disposition.
(b) The Motions Court judge may dispose of the motion at the time of initial consideration or may defer any ruling and, in the interim, either (i) set forth procedures for disposition of the motion pursuant to Pa. R.Civ.P. 208.4(a)(2) or (b)(1), or (ii) direct the parties to proceed under Lacka. Co. R.C.P. 211.
Rule 210. Submission and Form of Briefs.
(a) A copy of any brief which is submitted to the court or to any judge of the court shall be filed to the docket number of the case to which the brief pertains in the office of the Clerk of Judicial Records.
(b) All briefs shall be typewritten and printed or otherwise duplicated on 8 1/2 by 11 paper and shall be endorsed with the name of the case, the court, the docket number of the case, and the name and the address of the attorney filing same. Briefs shall contain an accurate citation to all official authorities relied upon, and shall contain a photocopy of any unofficial authority or any authority not found within the Lackawanna County Law Library. The brief of the moving party shall contain a procedural history of the case, a statement of facts, a statement of questions involved, and an argument. The brief of each party, if more than fifteen pages in length, shall contain an index and table of citations of the cases, statutes and other authorities referred to within the brief, with references to the pages at which they are cited.
Rule 210.1. Transcription Required for Argument.
(a) If in the opinion of counsel for any party a transcription of testimony or of a prior court proceeding is necessary for the just disposition of a matter to be argued to the court or to an individual judge of the court, that counsel shall serve upon the office of the court reporters and upon all other parties to the action a written notification that such transcription shall be required. Such notice shall be provided as soon as practicable and, in any event, not later than five (5) days after the filing of motion or petition which is to be argued. Said notice shall contain:
(1) the full caption of the case;
(2) the date(s) of the proceedings(s) for which a transcription is deemed necessary;
(3) the type of proceeding for which the transcription is deemed necessary; and,
(4) the date on which the transcription is required, which date should be no later than seven (7) days prior to the scheduled date of argument.
(b) As soon as can be determined after receipt of the notice required by paragraph (a), the office of the court reporters shall advise all parties and the court of the approximate date on which said transcription shall be available, so that the parties and the court can consider alternative argument dates if such appears necessary or desirable.
Rule 211. Disposition of Motions and Petitions.
(a) To assign a motion or petition to a judge for disposition or to schedule a motion or petition for argument where a rule returnable does not set a schedule, a party shall file with the Clerk of Judicial Records and the Court Administrator a Praecipe for Assignment. See Appendix, Form 2.
(b) Prior to filing a Praecipe for Assignment, the moving or petitioning party shall contact counsel for all other parties of record to determine whether an opposing party or lawyer wishes to present oral argument. The moving or petitioning party shall indicate on the Praecipe for Assignment whether the matter is being submitted on briefs and without the necessity of oral argument or is to be scheduled for argument by the Court Administrator. No Praecipe for Assignment will be accepted by the Clerk of Judicial Records or the Court Administrator unless the moving or petitioning party has indicated in writing whether the matter is to be submitted on briefs or scheduled for oral argument.
(c) The Court Administrator shall assign motions and petitions to the judges of the court on a rotating basis and shall establish a briefing schedule for the parties.
(d) The original of a party's brief shall be filed with the Clerk of Judicial Records and copies shall be provided to the assigned judge and all opposing counsel in accordance with the schedule set by the Court Administrator.
(e) If the moving or petitioning party fails to timely file and serve a brief, or fails to appear at oral argument, if requested, the matter may be dismissed by the court as of course. The judge to whom the matter has been assigned may grant additional time for the filing of briefs or may require supplemental briefing by the parties.
(f) If any party other than the moving or petitioning party fails to timely file and serve a brief, that party may be deemed not to oppose the motion or petition and may not be allowed to present oral argument.
(g) No case listed for argument will be continued except for good cause shown to the satisfaction of the court.
Rule 212. Pre-Trial Procedure and Conference.
It is the intent of this rule that, in all civil actions, a pre-trial proceeding may be instituted at various states for specific purposes.
(a) Prior to Filing of Certificate of Readiness
After a complaint alone has been filed or after a complaint and answer have been filed, all parties may jointly praecipe a case for a preliminary pre-trial settlement conference if it is the joint consensus of the parties that the case may be settled as a result of such a conference, and it is the intention of the parties to avoid ordinary pre-trial procedures leading to the filing of a certificate of readiness.
At such a conference, the basis for the joint consensus that a settlement may be effected at this preliminary stage shall be stated in a joint presentment entitled: ''PLAINTIFF/DEFENDANT PRELIMINARY PRE-TRIAL SETTLEMENT STATEMENT.'' See Appendix, Form 3.
(b) After Filing Certificate of Readiness
Upon the filing of a Certificate of readiness, the Court Administrator shall assign a case to an individual judge to conduct a status conference, schedule a pre-trial conference and establish a date for trial.
(c) If the court determines at the time of the status conference that a party has not fully complied with Lacka. Co. R.C.P. 214(b), the court may strike the original certificate of readiness and remove the case from the judge's individual calendar or may take such other action as it deems appropriate under the circumstances. At the status conference, the court will also schedule the pre-trial conference and the trial date.
(d) For the pre-trial conference, each party shall submit to the court and serve on all other parties at least seven (7) days prior to the scheduled time of the conference, a pre-trial statement substantially in the form set forth in Plaintiff/ Defendant Pre-Trial Statement or such other form as shall be required by the assigned judge. See Appendix, Form 4. The court may in its discretion require the parties to submit a pre-trial order in the format contained in former Lacka. Co. R.C.P. 212.1. See Appendix, Form 5.
(e) Except for good cause shown, trial counsel with complete settlement authority must attend the pre-trial conference in person. The designated representatives for the plaintiff and defendant, including duly authorized representatives of the primary and excess liability insurers and statutorily created funds, must be available by telephone during the entire course of the pre-trial conference. The court may in its discretion order the designated representatives for the plaintiff and the defendant and the duly authorized representatives of the primary and excess liability insurers and statutorily created funds to attend the pre-trial conference in person. To ensure that full settlement authority has been secured by the date of the pre-trial conference, the primary and excess liability insurers and statutorily created funds are required to have the matter at issue investigated, evaluated and reviewed by all necessary representatives and committees prior to the date of the pre-trial conference.
(f) At some time prior to the filing of Plaintiff/Defendant Pre-Trial Statement, all parties shall confer to discuss settlement. It shall be the responsibility of the plaintiff to schedule the conference required by this subparagraph. The parties shall certify in writing in their pre-trial statements that such a settlement conference was held and shall identify the date of the conference, the individuals who participated and the results of the conference.
(g) If a party or counsel fails to attend the pre-trial conference or fails to participate in a settlement conference pursuant to Lacka. Co. R.C.P. 212(f), the court may make such order or impose such sanctions as it deems proper under the circumstances.
Rule 212.2. Miscellaneous Instructions Pertaining to Trial.
(a) In all non-jury trials, the appropriate waiver of a jury trial shall be executed and filed no later than the day trial commences.
(b) In all jury trials, requests for instructions to the jury, together with citations to legal authorities in support thereof, proposed voir dire questions, and jury interrogatories shall be submitted in duplicate at chambers. Such materials shall be filed when the judge may direct, but in the absence of any specific direction, not later than the day when trial commences.
(c) Except upon stipulation by affected counsel or by order of the judge, no statement contained in preliminary pre-trial memoranda or the pre-trial order shall be made the subject of comment to the jury by any party at the trial of the case.
(d) Any counsel needing special equipment, device, personnel, or courtroom arrangements shall be responsible for assuring that such items are available at the time they are needed. Personnel assigned to the judge shall not be expected or depended upon to provide service for any party or counsel in the absence of a notation contained in the final pre-trial order.
212.5. Mediation.
(a) Submission to mediation. Except as otherwise provided by Pa. R.Civ.P. 1042.21, the court administrator or a judge may submit a civil case to the court-annexed Mediation Program only with the consent of all parties.
(b) Certification of Mediators. The President Judge shall certify as many mediators as determined to be necessary under this Rule. An individual may be certified as a mediator only if [s]he has been admitted to practice law in Pennsylvania for at least ten years and has been determined by the President Judge to be competent to perform the duties of a mediator. The Court Administrator shall maintain a list of all persons who have been certified as mediators.
(c) Compensation of Mediators. The services of the mediators shall be provided pro bono and no mediator shall be called upon more than twice in a single calendar year to act as a mediator without prior approval of the mediator.
(d) Application for Mediation. The parties may request mediation by submitting a written application to the Court Administrator in the form attached as Form No. 6.
(e) Assignment for Mediation. If the parties have jointly requested mediation, the Court Administrator shall designate the assigned mediator, and shall direct the mediator to establish the date, time and place for the initial mediation session within thirty days from the date of the referral order. The Clerk of Judicial Records shall make the original case file available to the mediator for purposes of the mediation session.
(f) Mediation Session. The mediator shall establish the date, time and place of the mediation session. Unless specifically requested by the mediator, the parties shall not contact or forward documents to the mediator. Counsel who are primarily responsible for the case and any unrepresented party shall attend the mediation session. All parties, insurers and principals of parties with decision-making authority must attend the mediation session in person, unless their attendance is excused by the mediator for good cause shown, in which event they must be available by telephone during the entire mediation session. All parties, insurers, principals and counsel must be prepared to discuss all liability and damage issues and to participate in meaningful settlement negotiations.
(g) Confidentiality. All mediation proceedings, including any statement made or writing submitted by a participant, shall not be disclosed to any person who is not directly involved with the mediation session. The parties' settlement positions and statements during mediation shall not be disclosed to the trial judge unless mutually agreed to by the parties, but in the event that the case involves a non-jury trial, under no circumstances shall the parties' settlement positions and statements be disclosed to the assigned judge. No transcript or other recording may be made of the mediation session and the mediation proceedings shall not be used by any adverse party for any reason in the litigation at issue.
(h) Mediation Report. The mediator shall submit a confidential report to the assigned judge indicating whether a settlement has been reached. In the event that a settlement has not been achieved, the mediator's report shall include a recommendation as to whether further mediation should be ordered.
Rule 213. Motions for Consolidation or Severance of Actions and Issues.
A motion to consolidate or sever actions or issues pursuant to Pa. R.C.P. 213 shall be made in accordance with Lacka. R.C.P. 208.3.
Rule 214. Listing Cases for Hearing or Trial.
(a) The Court Administrator shall assign a case for hearing or trial upon the filing of a Certificate of Readiness in the form attached to the Appendix of these Local Rules as Form 7. The Certificate of Readiness should identify the judge who has decided any case dispositive motion under Lacka. Co. R.C.P. 1028, 1034 or 1035.2, and whenever practicable, the Court Administrator shall assign the case for hearing or trial to the judge who has decided that case dispositive motion.
(b) No Certificate of Readiness may be filed until all discovery in the case has been completed and all depositions for use at trial have been scheduled or completed. Nor may a Certificate of Readiness be filed if any case dispositive motion is pending for disposition by the court. The filing of a Certificate of Readiness shall constitute a verification that no case dispositive motions are pending nor does any party or attorney contemplate filing such a case dispositive motion.
(c) No party or lawyer may file more than one Certificate of Readiness on any single day.
Rule 214.1. Hearing and Trial Terms.
(a) The judicial calendar of the court shall establish hearing and trial terms each year for the conducting of arbitration hearings, equity and non-jury trials, jury trials, and protracted case trials.
(b) While the composition of the judicial calendar may vary and should therefore be consulted, generally the court schedules terms as follows:
(1) arbitration hearings--one week each month every month, except July and August;
(2) equity and non-jury trials--one week each month every month, except July and August;
(3) jury trials--three weeks each month every month, except July and August;
Rule 214.3. Notice of Hearing or Trial.
(a) Notice of trial in a jury case will be provided by the judge to whom the case has been assigned for trial.
(b) Notice of hearing in arbitration cases will be provided by the Court Administrator by mail to all counsel of record and pro se parties.
Rule 216. Application for Continuance.
(a) An application for continuance of a hearing or trial must be submitted to the assigned judge at least seven (7) days before the first day of the hearing or trial term for which the case is listed.
(b) The grounds for continuance shall be those set forth in Pa. R.Civ.P. 216.
(c) The grant or denial of an application for continuance shall be in the discretion of the judge giving due consideration to the timeliness of the application, any prejudice to the opposing party or counsel, the reasons offered for the continuance, and any other factors deemed relevant by the judge.
Rule 223. Civil Trials.
(a) Schedule of Commencement of Trial
During a trial session, cases shall be called for trial in the order in which they were scheduled for trial by the assigned judge.
(b) Openings and Closings
The opening addresses and closing arguments of counsel engaged in trial shall be in accordance with the following principles:
(1) Unless the trial judge shall otherwise direct, only one attorney may present an opening address or a closing argument for any party;
(2) Opening remarks shall consist only of a succinct statement, without argument, of the positions and contentions of the party represented by the speaker and a brief recital of the evidence intended to be introduced in support of the same;
(3) Counsel for the party having the affirmative of the issue on the pleadings shall open the case and shall be followed by opposing counsel, and by third parties, in the order in which each appears in the caption of the action;
(4) Counsel for the defendant or any third party defendant may elect to make the opening address prior to the taking of any testimony or immediately prior to the presentation of evidence by the defense, unless the trial judge in a particular case required such opening addresses by the defense counsel to be made at a particular time;
(5) At the conclusion of the evidence, closing arguments shall be presented by counsel in the reverse order in which counsel was entitled to open under subparagraph (3), so that counsel for the party having the affirmative of the issue shall close last;
(6) In actions involving more than one plaintiff, defendant, or third-party defendant, not covered under subparagraph (3), if the attorneys are unable to agree, the trial judge shall determine the order of presentation of the opening addresses and closing arguments.
(c) Conduct of Trial
The party calling a witness shall, upon motion of another party or when required to do so by the court, state briefly the matter proposed to be established by the testimony of that witness and the legal purpose for presenting such evidence. The entire examination of a witness shall be conducted by only one attorney for each party unless otherwise permitted by the trial judge.
Rule 223.1. Trial Briefs.
Prior to the commencement of trial, counsel shall furnish to the court a trial brief which shall contain a succinct statement of the evidence to be presented, the position of the party filing the same with respect to anticipated legal issues to be encountered, and citation of legal authorities relief upon to support the legal positions of the party and to support any requests for rulings which the party anticipates seeking from the court.
Rule 223.2. Additional Submission for Non-Jury Trials.
In all civil actions tried by a judge without a jury, counsel for the respective parties shall each present to the trial judge requests for findings of fact and conclusions of law. These requests shall be filed with the Clerk of Judicial Records and shall thereby become part of the record of the court in the case.
Rule 226. Points for Charge and Jury Interrogatories.
Points upon which the trial judge is requested to charge the jury in civil litigation shall not exceed twelve (12) in number without leave of court. Points to be requested shall be framed so that each constitutes a single request which may be completely answered by a single affirmation or negation. Counsel for each party shall furnish that party's requested points for charge to the judge and to opposing counsel at the beginning of the trial unless otherwise allowed or directed by the court. Such requests may be supplemented for matters arising during the trial that could not have been reasonably anticipated at the beginning of the party's case in chief.
For each requested point for charge, counsel shall cite the legal authority as the basis for which that particular point is requested which citation shall be made immediately following the particular request to which it applies.
Any special interrogatories which are to be requested shall also be framed so that each constitutes a single request which may be answered by simple affirmation or negation.
Rule 227.1. Post-Trial Motions in Jury Trials.
(a) All post-trial motions after trial pursuant to Pa. R.C.P. 227.1 shall be filed within ten days after nonsuit or verdict or disagreement of the jury.
(b) All post-trial motions must be written and the movant and respondent of each post-trial motion shall serve copies of each document which they file with reference to any such motion upon the trial judge and all other parties. Such service shall be made prior to or immediately after the time the document is filed in the office of the Clerk of Judicial Records.
(c) All motions of the type set forth in paragraph (a) above shall contain specific references to the alleged errors which form the basis of the motion. A post-trial motion will be dismissed as of course as dilatory and in needless expense to the county and to the litigants if the reasons set forth are mere conclusions, are captious, or are not supported by the record.
(d) Whenever a post-trial motion is based upon matters not appearing of record, it shall be made in the form of a petition for rule to show cause and shall be supported by affidavits or depositions upon argument thereof.
(e) A motion for a new trial on the ground of after-discovered evidence must be made on petition, verified by affidavit, setting forth the names of the witnesses or sources of evidence which have been discovered, a reasonable expectation as to what is to be proved by such evidence, and an assertion that the movant did not know of the evidence before or during the trial. In the event that the rule to show cause is granted, all of the foregoing matters shall be established by deposition or by testimony presented in court at the time that the motion is considered.
(f) Unless for good cause shown the court orders otherwise, post-trial motions may be decided without the transcript of testimony having been prepared.
(g) Where it is determined that a transcript or a portion thereof is necessary, counsel shall have as a matter of right ten additional days to submit additional allegations of error following receipt of the transcript.
Rule 229. Discontinuance.
Leave of court is required for a plaintiff to discontinue an action as to less than all defendants. Such leave of court shall be sought by petition and rule to show cause.
Rule 230.2. Termination of Inactive Cases
The termination of inactive cases in which there has been no activity of record for two years or more shall be governed by the procedure set forth in Pa. R.Civ.P. 230.2 (effective July 1, 2003).
Rule 238. Notice of Settlement Offer.
Each settlement offer made pursuant to Pa. R.C.P. 238(b) and each response given to such offer shall be in writing and dated.
Rule 240. Proceeding In Forma Pauperis in Civil Cases.
(a) Any party who is represented by counsel who certifies on the application or by separate document that the plaintiff is indigent, or any party who is represented by court-appointed counsel or by counsel furnished from a non-profit legal services organization providing free legal services to the indigent may apply to the court for leave to proceed in forma pauperis.
(b) If the party is represented by an attorney, the Clerk of Judicial Records shall allow the party to proceed in forma pauperis upon the filing of a praecipe in the form prescribed by Pa. R.Civ.P. 240(d)(1) and (i). In all other cases, the party seeking to proceed in forma pauperis shall file a petition and an affidavit in the form prescribed by Pa. R.Civ.P. 240(c) and (h).
(c) Parties eligible to apply for leave to proceed in forma pauperis, as set forth in subsection (a) above, may also apply to the court for relief from payment of special or unusual expenses, i.e., those costs not related to filing and service of process.
(d) The right to apply for leave to proceed in forma pauperis shall likewise be available to parties in any civil action commenced before the minor judiciary. Applications in such cases shall be brought to the presiding District Justice for disposition in the manner set forth in subparagraph (a) above.
Rule 248. Modification of Time.
The time prescribed by any rule herein for the doing of any act may be extended or shortened by written agreement of the parties or by order of court.
Rule 250. Scope of Chapter.
(a) The rules contained within this chapter entitled ''Practice and Procedure Generally'' shall apply to all civil actions and proceedings unless otherwise designated in a particular rule and as limited by subsection (b) below.
(b) The rules contained within this chapter shall apply to class actions only to the extent that they do not conflict with Pa. R.C.P. 1701-1716, Lacka. Co. R.C.P. 1703-1713, and such other rules as may be promulgated by this court with respect to class actions.
Rule 250.1. Suspension of Rules.
The court may suspend one or more of these rules in individual cases by written order. When a judge of this court issues any order in a specific case which is not consistent with these rules, such order shall constitute a suspension of these rules for such case only and only to the extent that it is inconsistent.
Rule 261. Court Records.
(a) The Clerk of Judicial Records shall endorse upon all papers filed the date and time of filing the same, and note the same in the continuance docket. No parol evidence shall be received to contradict such endorsement, unless upon an allegation, verified by affidavit, of fraud or mistake.
(b) No person other than the Clerk of Judicial Records or his or her deputy or designee shall make any entry upon the docket or records of the court.
(c) The Clerk of Judicial Records shall allow no papers to be taken from his or her office, except when specially allowed by the court or one of the judges thereof, unless the same be called for trial or a hearing before a referee, board of arbitrators, auditor, or master, and then only upon receipt of the person or persons authorized to take such records.
(d) In cases where tax or municipal liens shall be divested without having been paid in full, by reason of any order of this court or of the United States Court in Bankruptcy, either by compromising said liens or directing the sale of the liened premises free and clear of such liens, the Clerk of Judicial Records may, upon praecipe of the solicitor for the municipal sub-division which filed the lien, enter upon the record of each lien thus divested in the municipal lien docket and judgment index an annotation to the effect that the lien has been divested under order of court, making specific reference to the number and term of this court or to the number and bankruptcy court under which the lien was divested.
Rule 262. Court Records (Transcripts).
In order to implement Supreme Court Order No. 35 and subject to Lacka. Co. R.C.P. 261, counsel shall not be permitted to take any court records out of the Clerk of Judicial Records' office, by order of court or otherwise, for the purpose of photocopying transcripts.
Only in an emergency situation may counsel be permitted to photocopy a transcript, but the court reporter still must be paid the copy rate since counsel is not entitled to a free transcript indirectly off the court reporter's services and since counsel cannot receive a free transcript directly from the reporter.
Rule 263. Ordering of Transcripts.
Counsel for the moving party shall serve a formal request for transcript on the court stenographer. The court stenographer will then provide counsel for the moving party with an estimate of the transcript fee for an original and one copy. Upon receipt of at least one half of said transcript fee, transcription will commence. However, filing of the original transcript and delivery of a copy to counsel shall not be made until full payment is made.
Delivery of copies ordered by opposing counsel will be made only after the moving party has made full payment for the original and one copy and payment in full is made by opposing counsel for any copies so ordered.
Rule 275. Costs.
(a) Taxation of Bill of Costs
A bill of costs, accompanied by an affidavit of their correctness and the necessity for the number of witnesses in attendance, shall be taxed by the Clerk of Judicial Records.
(b) Notice
Any party requesting taxation of costs by the Clerk of Judicial Records shall give the Clerk and all other parties ten (10) days written notice of such request. The Clerk shall fix the time for taxation and notify the parties or their counsel.
(c) Exceptions
Any party desiring to challenge the correctness of a bill of costs may do so by filing with the Clerk of Judicial Records within ten (10) days after service of the bill of costs written exceptions thereto, accompanied by an affidavit attesting to the truth of the facts asserted within the exceptions. Exceptions to a bill of costs shall particularize the items objected to in detail unless the exceptions are to the whole bill for any particular reason.
(d) Clerk's taxation
The clerk of Judicial Records shall tax the costs upon consideration of the bill of costs and any exceptions presented thereto, which taxation shall be subject to appeal to the court.
(e) Appeal
An appeal taken to the court from the Clerk of Judicial Records' taxation of a bill of costs must be taken within thirty (30) days from the date of filing of the Clerk's taxation.
(f) Security for Costs
The defendant in any case, upon entering an appearance or upon filing a responsive pleading, may petition for a rule on plaintiff to give security for costs. Such petition and rule shall be in accordance with Lacka. Co. R.C.P. 206.
Rule 290. Appellate Court Filing Fees.
When an appeal is brought by filing a notice of appeal in the office of the Clerk of Judicial Records and for which a filing fee is required by the Court of Common Pleas of Lackawanna County and an additional filing fee is required by the appellate court to be collected by the clerk of Judicial Records of Lackawanna County, such appellate court filing fee shall be paid by a separate check or money order made payable to the prothonotary of the appellate court involved. It shall be the obligation of the Clerk of Judicial Records to forward said filing fee to the appellate court, consistent with the Pennsylvania Rules of Appellate Procedure.
SERVICE OF ORIGINAL PROCESS AND OTHER LEGAL PAPERS Rule 400.1. Notice to Serve.
(a) Any document or process issued out of the office of the Clerk of Judicial Records, other than a complaint, shall contain a notice to serve directed to the sheriff of the appropriate county to serve the process on or before a day certain, which shall be not less than five days in advance of any return date set with respect to the process, or to otherwise return the process marked ''Not Found.''
(b) The form of such notice to serve will read:
TO THE SHERIFF of ______ COUNTY:
You are hereby authorized and directed to effect service of the within process on or before ______ .
If you are unable to do so, return said process marked ''Not Found'' with reasons therefore.
_________________
Attorney for_________________
Rule 430. Service by Publication in Actions in Ejectment.
Service upon a defendant by publication in an action in ejectment shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County, a notice which shall be substantially in the following form:
Commonwealth of Pennsylvania
County of Lackawanna(CASE CAPTION) To __________
(Name of defendant)You are notified that __________
(Name of plaintiff)
the plaintiff, has commended an action in ejectment against you, which you are required to defend, to recover possession of land described as follows:NOTICE If you wish to defend you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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.
(Offices to be listed are set forth in
Lacka. Co. R.C.P. 1018.1)__________
(Attorney for plaintiff)__________
(Address of Attorney for plaintiff)(b) When service is to be made by publication in accordance with subsection (a) above, if an affidavit is filed that the heirs and assigns of a named former owner of the property are unknown, the publication shall be directed for the former owner and his heirs and assigns generally.
Rule 430.2. Service by Publication in Actions in Replevin.
(a) Service upon a defendant by publication in an action in replevin shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be substantially in the following form:
Commonwealth of Pennsylvania
County of Lackawanna(CASE CAPTION) To __________
(Name of defendant)You are notified that _________________ has
(Name of plaintiff)
commenced an action in replevin, which you are required to defend, and in which the following property may be seized:NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lost money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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.
(Offices to be listed are set forth in
Lacka. Co. R.C.P. 1018.1)__________
(Attorney for plaintiff)__________
(Address of Attorney for plaintiff)(b) When service is to be made by publication in accordance with subsection (a) above, if an affidavit is filed that the heirs and assigns of a named former owner of the property are unknown, the publication shall be directed to the former owner and his heirs and assigns generally.
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[Continued from previous Web Page] Rule 430.3. Service by Publication in Action Requesting Equitable Relief
(a) Service upon a defendant by publication in an action seeking equitable relief shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form.
Commonwealth of Pennsylvania
County of Lackawanna(CASE CAPTION) To __________
(Name of defendant)You are notified that _________________ has
(Name of plaintiff)
commenced an action in equity against you which you are required to defend.NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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.
(Offices to be listed are set forth in
Lacka. Co. R.C.P. 1018.1)__________
(Attorney for plaintiff)__________
(Address of Attorney for plaintiff)(b) When service is made by publication upon the heirs and assigns of a named former owner or party in interest and said heirs and assigns are unknown, the publication shall be directed to the heirs and assigns generally if within the complaint or by separate affidavit it is stated that the heirs and assigns are unknown.
Rule 430.4. Service by Publication for the Enforcement of Judgments for Payment of Money.
When service by publication may be had under Pa. R.C.P. 3112(c), the plaintiff may cause service to be made by publication once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be in substantially the following form:
Commonwealth of Pennsylvania
County of Lackawanna(CASE CAPTION) NOTICE IS HEREBY GIVEN TO ______ that on
______ a writ of execution issued against
(date)
real property of ______ held in your name and described as follows:(In addition to the description, see
Lacka. Co. R.C.P. 3129.1)Said writ issued on judgment No. ______ , 20 ______ .
You are directed to notify ______ that the plaintiff issued an attachment execution against you which ______ is/are required to defend.
Rule 430.5. Service by Publication of Actions Pursuant to 41 P. S. Section 407.
Service upon a defendant by publication of actions commenced in accordance with the requirements of Section 407 of Act No. 6 of 1974, 41 P. S. Section 407, when authorized pursuant to Pa. R.C.P. 430, shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form:
Commonwealth of Pennsylvania
County of Lackawanna(CASE CAPTION) To __________
(Name of defendant)You are notified that __________
(Name of plaintiff)
has commenced an action to execute on residential real property pursuant to a judgment entered by confession in the Court of Common Pleas of Lackawanna County, which judgment is entered to docket number _____ 20 ____ .You are required to defend this action, which seeks to obtain possession of real estate which you own or in which you reside, which real estate is located at
__________
(Street Address)__________
(City and State)
and is described as follows:(In addition to the description, see
Lacka. Co. R.C.P. 3129.1)NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lost money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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.
(Offices to be listed are set forth in
Lacka. Co. R.C.P. 1018.1)__________
(Attorney for plaintiff)__________
(Address of Attorney for plaintiff)Rule 440. Service of Legal Papers Other Than Original Process.
(a) Service
Unless otherwise provided by statute or by rule of the Supreme Court of Pennsylvania or of this court, a copy of all pleadings, petitions, motions, rules, answers to rules to show cause, notices, or other papers required to be served on another party shall be served in the manner provided by Pa. R.C.P. 440 or 441 or as otherwise directed by order of this court within five (5) days from the filing thereof. If timely service is not effected in accordance with this rule, the legal paper shall be considered void and of no effect. Upon affidavit filed setting forth such failure of timely service, the party upon whom the paper should have been served may proceed as though said legal paper had never been filed.
(b) Certificate of Service
The party serving the paper(s) shall file in the office of the Clerk of Judicial Records a certificate or affidavit of service showing the date, manner of service, and person upon whom service was made. Such certificate or affidavit of service shall be filed immediately upon effecting service, and a copy of same shall be served on all parties.
(c) Service by Publication
Unless otherwise specifically provided by statute, court rule, or order of court, whenever service by publication may be made pursuant to Pa. R.C.P. 430, said service shall be accomplished by publication once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County. Such publication is to be made in such a manner that the person so served thereby shall have at least five (5) days after publication to answer the legal paper which is served in that fashion.
ACTIONS AT LAW Rule 1018.1. Notice to Defend.
The agencies to be designated on the notice to defend which is required by Pa. R.C.P. 1018.1 to appear in every complaint filed in the Court of Common Pleas of Lackawanna County by a plaintiff or by a defendant against an additional defendant shall be as follows:
Northern Pennsylvania Legal Services
507 Linden Street, Suite 300
Scranton, PA 18503-1631
Telephone (570)342-0184and
Lawyer Referral Service
Lackawanna Bar Association
204 Wyoming Avenue, Suite 205
Scranton, PA 18503-1010
Telephone (570) 969-9600Rule 1019. Contents of Pleadings, General and Specific Averments.
Whenever any right, claim, or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, Pennsylvania Rule of Civil Procedure, or rule herein, the first pleading in which such right, claim, or defense is asserted shall cite for the information of the court the statute, ordinance, regulation, or rule so relied upon.
Rule 1021. Claims for Relief-Accounting.
(a) Time for filing Account
When a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days, unless the court shall for cause shown allow a longer time, state the account and file the statement thereof in the office of the Clerk, of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.
(b) Exceptions
Within thirty (30) days after such notification, any adverse party who has received the accounting, if dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the appointment of an auditor to hear and report upon the questions of fact and law raised by the exceptions.
(c) Failure to File Account
If the defendant shall for any reason fail to file a statement of account within thirty (30) days or such longer period as the court may fix, the court shall, on motion of an adverse party to whom the defendant has been ordered to account, appoint an auditor to state the account between the parties upon the basis of such evidence as may be submitted to the auditor.
(d) Auditor's Report Exceptions
The auditor shall give two weeks notice in writing to the parties on their attorneys of record of the time and place fixed for the hearing on the matter. When the auditor has prepared his report, notice that it is ready for filing shall be given to the parties or their attorneys. Exceptions thereto must be filed with the auditor within ten (10) days after such notice has been received. If exceptions are filed, the auditor shall, with his report as originally prepared, report supplementally on the exceptions. When the auditor's report has been filed, the court, after hearing argument on the exceptions thereto, will enter such order for judgment as the case may require.
Rule 1021.1. Claim for Relief.
In actions for injury to persons or property where some or all of the damages are not liquidated, the claims for relief in the complaint, in specifying the amounts of damages to which the party deems himself entitled, shall state only that said damages are in excess of, or not in excess of the amount below which cases are required to be presented to arbitration.
Rule 1028. Preliminary Objections.
(c) (1) A party filing preliminary objections shall file the original preliminary objections with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co.R.C.P. 211(b) prior to filing the praecipe for assignment.
(2) The filing of briefs, assignment of preliminary objections, and scheduling of oral argument, if necessary, shall be governed by Lacka. Co. R.C.P. 211(c)--(g).
Rule 1033. Amendments to Pleadings
When an amendment to a pleading is allowed or is made prior to trial, the whole pleading, as amended, shall be executed, verified, and filed, provided that, exhibits attached to prior pleadings need not be recopied into the amended pleadings
Amendments to pleadings allowed at the trial need not be executed, verified, and filed if the amendment is made a part of the trial record.
Rule 1034. Motion for Judgment on the Pleadings.
(a) (1) A party filing a motion for judgment on the pleadings shall file the original motion for judgment on the pleadings with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co.R.C.P. 211(b) prior to filing the praecipe for assignment.
(2) The filing of briefs, assignment of motion for judgment on the pleadings, and scheduling of oral argument, if necessary, shall be governed by Lacka. Co. R.C.P. 211(c)--(g).
Rule 1035.2. Motion for Summary Judgment
(a) (1) A party filing a motion for summary judgment shall file the original motion for summary judgment with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co.R.C.P. 211(b) prior to filing the praecipe for assignment.
Rule 1037. Judgment Upon Default for Repair of Property.
(a) In all actions in which the only damages to be assessed are the cost of repairs theretofore made to property, the plaintiff may seek judgment upon default assessing damages for the cost of repairs by filing, with a praecipe waiving any other damages under such judgment, the affidavits required by subsection (b) of this rule and, by sending to the defendant by registered mail directed to his or her last known address, a copy of the repair bill and the affidavit of the person who performed the repairs required by subsection (b) of this rule, together with a notice setting forth the date of the intended assessment of damages, which date shall be not less than ten (10) days from the date of mailing of the notice. Said notice shall contain a statement that damages will be assessed in the amount of the repair bill unless, prior to the date of intended assessment, the defendant files a written praecipe with the Clerk of Judicial Records requesting trial on the issue of such damages.
(b) Together with the praecipe waiving any damages other than the cost of repairs, the plaintiff shall file an affidavit indicating the date of the mailing to defendant of the notice of the intended assessment of damages and an affidavit of the person who performed the repairs containing an itemized repair bill setting forth the charges for labor and material used in the repair of the property and a statement indicating the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged.
(c) If the defendant fails to file with the Clerk of Judicial Records prior to the date of intended assessment of damages a praecipe requesting a trial on the issue of such damages, the plaintiff on or after the date of intended assessment of damages may file a praecipe directing the Clerk of Judicial Records to enter judgment in plaintiff's favor in the amount of the repair bill, which the Clerk of Judicial Records shall promptly do.
(d) In the event that the defendant does file a praecipe requesting a trial on the issue of such damages, the case shall proceed as any civil action and shall be subject to arbitration if the amount in controversy is an amount requiring arbitration.
Rule 1054. Abstracts of Title.
Abstracts of title shall contain a specification of all facts or equitable matter on which the party relies, a reference to all records, an abstract thereof, and, as to deeds, mortgages, or contracts, shall give their date, the date of acknowledgment, and if recorded, when and where recorded.
Rule 1075. Seizure of Property Before Judgment in Actions in Replevin.
(a) A return of service required by Pa. R.C.P. 1075.1(d) or Pa. R.C.P. 1075.2(c), pertaining to service of motions for writ of seizure and notice of hearings made by one other than the sheriff, shall indicate the manner in which service was made and, if service was accomplished in a manner other than those provided in Pa. R.C.P. 402, the affidavit shall indicate why service could not be made in a manner indicated in that rule.
(b) A petition to vacate a writ of seizure as provided in Pa. R.C.P. 1075.1(g) shall be accompanied by a rule to show cause and shall follow the procedure set our in Lacka. Co. R.C.P. 206.
Rule 1098. Peremptory Judgment in Actions in Mandamus.
(a) A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless the urgency of the case is such as to require action before notice can reasonably be given.
(b) The court at the time such motion is presented shall determine whether the motion can be acted upon forthwith or whether it requires additional consideration. If additional consideration is required, the court shall schedule presentation of any documentary or testimonial evidence which it desires as soon as practicable and shall thereafter rule on said motion and either grant or deny peremptory judgment.
(c) The pendency of a motion for peremptory judgment in a mandamus action does not excuse or relax the defendant's responsibility to timely file a responsive pleading to the plaintiff's complaint.
Rule 1301. Arbitration.
(a) All civil actions brought in the Court of Common Pleas of Lackawanna County in which the amount in controversy is $30,000.00 or less shall first be submitted to arbitration and heard by a panel of three arbitrators selected from members of the bar of this court in accordance with the provisions of this rule, with the exception of:
(1) cases involving title to real estate; and,
(2) cases which have been consolidated for trial with cases in which the amount in controversy exceeds $30,000.00.
(b) All members of the bar of this court shall constitute the Board of Arbitrators and all members shall act as arbitrators unless excused by the court. Each attorney engaged in active practice in this court shall file with the Court Administrator information indicating whether he or she is practicing alone, is associated with one or more attorneys, or is a member of a firm, and further indicating the length of time he or she has actively engaged in the practice of law. Upon any change in his or her status of practicing or being associated with any other lawyer, he or she shall immediately notify the Court Administrator of such change.
(c) The Court Administrator shall appoint arbitration panels consisting of three attorneys each, taken from the list of eligible attorneys which the Court Administrator shall maintain on the basis of the information provided pursuant to subsection (b) of this rule. Each member of the bar, other than those excused from service, shall serve on only one arbitration panel per year unless the number of panels so chosen is insufficient to conveniently dispose of all of the arbitration cases within the year. In such circumstance, the Court Administrator shall appoint to additional arbitration panels those attorneys who have indicated their availability for such service. No more than one member of a family, firm, or association shall service on an arbitration panel. The members of each arbitration panel shall have a cumulative experience of, at least, ten (10) years, dating from their admission to practice in Pennsylvania.
(e) Each arbitration panel shall sit in session one day during the calendar year and on that day shall hear as many arbitration cases as the Court Administrator has scheduled for that panel. More than one action or controversy may be scheduled for a single arbitration panel if, in the judgment of the Court Administrator, such panel can conveniently dispose of more than one case during its day of arbitration. In the event that a scheduled case cannot be heard, it shall be reassigned to the next available arbitration panel by the Court Administrator.
(f) The Court Administrator shall notify all arbitrators of the day on which they shall serve, which notification shall be made as soon as the arbitration panel is selected. For each arbitration panel, the member with the earliest admission to practice in Pennsylvania shall serve as chairperson. Arbitrators so appointed to a specific panel may be excused or transferred to another panel by the Court Administrator, but only for good cause shown, in which instance the Court Administrator shall designate a successor to that arbitrator as soon as practical.
(g) The arbitration panel shall file its findings and award, if any, as well as any written opinion as in its discretion it may choose to submit, within seven days from the conclusion of the hearing in each case. If a member of the panel dissents from the majority's findings or award, that arbitrator shall so state on the award form and may, in his or her discretion, submit an opinion indicating the reason(s) for such dissent.
(h) Any party may appeal from the findings or award of the arbitration panel to the Court of Common Pleas of Lackawanna County in the same manner as appeals de novo are commenced before the court.
(i) In any instance where all parties in an arbitration case agree to a settlement prior to the taking of any testimony at the arbitration hearing the parties shall sign a stipulation stating the exact form of any desired arbitration award, which stipulation shall be furnished to the Court Administrator or to the arbitration panel.
(j) If a stenographic record of an arbitration hearing is desired by any party, such party shall provide the Court Administrator with a written request for same no later than five (5) days prior to the date fixed for the hearing and shall at the time of the submission of such request pay a fee in the amount set by the court, which fee shall be considered the stenographer's appearance fee. The Court Administrator shall arrange for stenographic service and shall forward the aforesaid appearance fee to the stenographer. All parties requesting a transcript of the record shall compensate the stenographer at the rate prescribed by the court.
(k) Each member of an arbitration panel who actually hears testimony in one or more arbitration cases on the day of the panel's service shall receive a fee in an amount set by the court. Arbitrators may petition the court for additional compensation in protracted or complex arbitration cases. The court in its discretion shall determine the amount of additional compensation, if any, that the arbitrators shall receive.
INJUNCTIONS Rule 1531. Injunctions.
No application for an injunction will be considered by the court unless the factual reasons are set forth specifically and in detail. The pleading of conclusions will not be sufficient. If an application for an injunction is considered, the court will issue an order for a hearing to be scheduled by the Court Administrator pursuant to Pa. R.Civ.P. 1531. Requests for immediate hearings will be granted upon approval of the court if it finds that extraordinary and urgent circumstances exist which require an immediate hearing.
Rule 1531.1. Contempt Proceedings on Injunctions.
Unless the president Judge directs otherwise for reasons of manifest necessity, contempt proceedings on injunction matters shall be heard and decided by the judge whose order is involved.
CLASS ACTION RULES Rule 1703. Commencement of Action; Assignment of Judge.
(a) Upon the proper filing of a class action in the office of the Clerk of Judicial Records, counsel for the plaintiff(s) shall notify the Court Administrator and the President Judge that a class action complaint has been filed and shall forward to the President Judge a copy of said complaint.
(b) Upon notification that a class action complaint has been filed and upon receipt of said complaint, the President Judge shall assign a judge of the Court of Common Pleas of Lackawanna County to preside over the case for all purposes in conformity with Pa. R.C.P. 1703.
Rule 1707. Discovery Pertaining to Class Action Issues.
In any case in which the judge assigned to a class action permits discovery with respect to the class action issues, the order granting such limited discovery shall also indicate the period of time during which discovery with respect to the class action issues shall be permitted. All parties are required to complete such discovery within that time period.
Rule 1710. Determination of Class Action Certification Hearing.
The judge to whom a class action is assigned may request the parties to submit proposed findings of fact and conclusions of law pertaining to the question of whether or not the case should be certified as a class action. In a case in which proposed findings of fact and conclusions of law are requested, the judge shall determine the time when they are to be submitted.
Rule 1712. Order and Notice of Certification as Class Action.
(a) After the entry of an order of certification of a class action, the judge to whom the case has been assigned shall in the usual course conduct a class action notice conference at which all parties shall be represented for the purpose of considering the matters set forth in Pa. R.C.P. 1712.
(b) If at the time of the class action notice conference the court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for inclusion or exclusion from the class.
(c) The proposed form of notice required by Pa. R.C.P. 1712(c) must be submitted for approval by the plaintiff to the court and to all named defendants no later than fifteen (15) days prior to the class action notice conference.
Rule 1713. Pre-Trial of Class Actions.
In addition to the normal matters to be considered at pre-trial conferences, as set forth within these rules, a pre-trial conference conducted in a class action case shall consider the matters set forth in Pa. R.C.P. 1713.
ACTIONS FOR SUPPORT Rule 1910.10. Alternative Support Proceedings.
In accordance with Pa. R.C.P. 1910.10, the hearing procedure of Pa. R.C.P. 1910.12 is hereby adopted in this judicial district.
Rule 1910.12. Office Conference. Cost and Fees. Hearing Record. Exceptions Order.
(a) Any party or parties, who do not agree with the recommendation of a domestic relations officer made pursuant to Pa. R.C.P. 1910.11(d), shall be required to pay a permanent hearing officer's or master's hearing fee within ten (10) days of the issuance of the recommendation. Otherwise, a hearing pursuant to Pa. R.C.P. 1910.12(b)(1) will not be scheduled and the recommendation shall be entered as an order of court as where agreement is reached under Pa. R.C.P. 1910.11(d).
(b) If the fee is timely paid pursuant to (a), a permanent hearing officer's or master's hearing shall be scheduled for a date at least three (3) weeks from the date of the notice of hearing.
(c) Any request for a continuance of a permanent hearing officer's or master's hearing must be in writing and received by the domestic relations office at least fourteen (14) days prior to the date of hearing. Any requests for continuance, received within fourteen (14) days of a scheduled hearing for whatever reason, shall be subject to rescheduling fees.
(d) Exceptions to the report and proposed order of the permanent hearing officer or master shall be accepted only if accompanied by a required filing fee. When a final order is entered, it shall be retroactive to the date on which the temporary support order was signed.
(e) If exceptions are filed to the proposed order of support recommended by the master, the said proposed order shall be entered as a temporary support order. The court shall hear arguments on exceptions and enter an appropriate final order.
(f) When exceptions to the report and proposed order of the permanent hearing officer or master are filed, a bill for the hearing transcript shall issue to the excepting party or parties. If payment is not made within fourteen (14) days of the date of billing, the exceptions will be dismissed.
(g) If payment for the transcript is timely received, the entire record, upon receipt of the transcript, shall be provided to the Court Administrator for an argument date.
(h) All fees referred to in this rule shall be in an amount which is periodically set forth in a schedule issued by the court and available in the domestic relations office.
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN Rule 1915.1. Scope; Definitions.
(a) (1) These rules govern local practice and procedure in all actions for custody, partial custody, visitation, modification of existing orders, and contempt of court, including all actions heretofore commenced by petition for writ of habeas corpus and all claims for custody, partial custody, or visitation asserted in an action of divorce or for support.
(2) If a claim for custody, partial custody, visitation, or modification of an existing order is raised during the course of an action of divorce or for support, the court shall enter an order directing that the determination of the claim shall be referred to a hearing officer appointed by the court for an expeditious resolution of the claim.
(b) As used in these rules, unless the context of a rule indicates otherwise,
''conference'' means a pre-hearing negotiating session conducted under the auspices of the court by a hearing officer appointed by the court at which all counsel shall be present;
''de novo hearing'' means a hearing before a judge of the court upon exceptions to the report of the hearing officer;
''hearing officer'' means an attorney engaged in the practice of law before the Court of Common Pleas of Lackawanna County who is duly licensed to practice law in the Commonwealth of Pennsylvania; shall conduct pre-hearing conferences at such times and places as the court shall direct; shall encourage and supervise the formulation of consent orders; shall, in cases where consent orders cannot be obtained, conduct evidentiary hearings at which the hearing officer may examine the parties and all other witnesses whom the hearing officer may have reason to believe have knowledge of any facts relevant and material for the just and proper examination of the case; may recommend counseling and conduct oral examination of the child(ren) who is (are) the subject of the action and request investigation reports from social services agencies; shall submit a report to the court which shall include a comprehensive opinion reflecting a thorough analysis of the record as a whole and specifying the reasons for the hearing officer's recommended order; and, shall perform such other duties relating to actions involving custody of children and visitation rights as the court may from time to time direct;
''joint custody'' in the context of any report or opinion and orders shared custody as that term is defined in Pa. R.C.P. 1915.1(b).
Rule 1915.2. Venue.
In conjunction with the assumption of jurisdiction and venue, the court may direct the taking of testimony by or before other competent tribunals as set forth more fully in the Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. §§ 5341 et seq.
Rule 1915.3. Prosecution of Action.
(a) Except as otherwise provided by subdivisions (c) and (d) of this rule, an action shall be commenced by filing a verified complaint.
(b) A completed order shall be attached to the complaint directing the defendant and any interested parties to appear at the time and place and for the purpose specified. The order shall be substantially in the form provided by Pa. R.C.P. 1915. The order shall be completed by the Court Administrator prior to filing the complaint.
(c) (1) A claim for custody, partial custody, visitation, or modification of an existing order, which is joined with an action of divorce or for support shall be asserted:
(i) by the plaintiff in the complaint or in a subsequent petition filed to the same term and number as the original action;
(ii) by the defendant, as a counterclaim in the original action or in a subsequent petition filed to the same term and number as the original action.
(2) The complaint, petition, or counterclaim shall be substantially in the form required by Pa. R.C.P. 1915.
(3) An order shall be affixed as provided by subdivision (b) of this rule.
(d) An action for attachment for contempt for failure to obey an existing court order shall be commenced by petition and rule to show cause and shall be prosecuted before a judge of this court only and in the manner provided by Pa. R.C.P. 1915.12.
Rule 1915.4. Service, Proof of Service.
(a) Original service shall be made pursuant to Pa. R.C.P. 412.
(b) Where an attorney has entered an appearance on behalf of a party, service of all subsequent pleadings may be made on the attorney.
(c) Where service is made on an attorney of record, proof of service shall be by an affidavit of service of the party making service or by acceptance of service executed by the attorney receiving it.
Rule 1915.5. Jurisdiction and Venue. Responsive Pleadings. Discovery Motion Practice.
(a) A party must raise questions of personal jurisdiction or venue by preliminary objection filed within twenty (20) days of service of the pleading to which objection is made or at the time of hearing, whichever first occurs. Failure to raise those questions shall constitute a waiver of any underlying rights related to personal jurisdiction and/or venue.
(b) Other than a verified compliant or petition and preliminary objection, no other pleading shall be required.
(c) Counterclaims under Lacka. Co. R.C.P. 1915.3(c)(ii) shall be asserted within twenty (20) days of service of the initial adversary pleading upon the party asserting the claim or at the time of hearing, whichever first occurs. Failure to timely assert such a claim shall not delay the hearing, but shall not preclude a party from seeking such relief
(d) (1) Discovery shall be limited to the following motions practice unless authorized by special order of court:
(i) motions authorized by the Uniform Child Custody Jurisdiction Act, 42 Pa.C.S. § 5341 et seq.;
(ii) motion for physical or mental examinations; and,
(iii) motion for home study.
(2) All discovery motions shall be in writing and filed with the court no later than five (5) days after the pre-hearing conference. All motions shall be supported or opposed according to the practice followed on motion for summary judgment under Pa. R.C.P. 1035(d).
(3) Motion for continuance and for home study shall be determined, in the first instance, by the hearing officer. All other motions shall be raised to and addressed expeditiously by the court in the manner customary for motion practice and shall be given calendar priority. In no event shall motion practice be permitted to retard or delay the hearing, unless otherwise provided by court order.
The appropriate procedure for appealing a denial of a motion for home study and/or continuance is to seek relief under Pa. R.C.P. 1915.13.
(e) Upon application showing extraordinary circumstances and undue prejudice, the court may authorize additional discovery by special order.
Rule 1915.6. Joinder of Parties.
Where a grandparent or great-grandparent of the child(ren) has a statutory right to visitation, the plaintiff or petitioner shall notify that person of the pendency of the action and of the right to intervene in the manner provided by Pa. R.C.P. 1915.16.
Rule 1915.7. Consent Order.
(a) A consent order shall be entered only upon stipulation of the parties, either orally in open court upon the record or by written agreement. When the stipulation is entered upon the record in open court, all parties affected by it shall be present and shall note their agreement on the record. When the stipulation is by a written agreement, it shall be signed by all parties affected by it and witnessed by their counsel. A proposed consent order substantially in the form provided by Lacka. Co. R.C.P. 1915.17(d) shall be attached to the stipulation or agreement.
(b) A consent order may include:
(1) a provision for counseling under 32 Pa.C.S.A. § 5305;
(2) the submission of a plan under 23 Pa.C.S.A. § 5306; and,
(3) a provision for visitation under 23 Pa.C.S.A. §§ 5311--5313.
Rule 1915.8. Physical and Mental Examination of Person.
Where a physical or mental examination of a child or a party is requested, costs shall be borne by the party requesting the examination(s) unless otherwise ordered by the court or agreed by parties.
Rule 1915.9. Default Judgment, Summary Judgment.
No judgment may be entered prior to, during or subsequent to an evidentiary hearing:
(a) by default for want of an answer;
(b) on the pleadings;
(c) by summary judgment; or,
(d) by nonsuit.
Rule 1915.10. Decision.
(a) The court may issue a written decision and order before the record or any part of it is transcribed.
(b) The cost of transcription shall not be at the expense of the court or the county unless otherwise ordered by court.
Rule 1015.11. Presence of Child Required at Hearing. Interrogation of Child at Time of Hearing.
(a) The person having custody of the child(ren) on the day of the hearing shall be responsible for assuring the child's(ren's) presence at the hearing.
(b) Interrogation of the child(ren) shall be in camera in the presence of the court, court personnel, and counsel of record only, unless there are compelling reasons to do otherwise. The order of interrogations shall be, first, by the court and then by the parties in the order of their burden of proof.
Rule 1915.12. Civil Contempt for Disobedience of Custody Order.
A petition for civil contempt shall be assigned only to a judge of the court, who shall take testimony, make a decision, and specify the conditions which must be fulfilled to purge the contempt. The petition shall be substantially in the form provided by Pa. R.C.P. 1915.12.
Rule 1915.13. Special Relief.
(a) At any time after commencement of the action, the court may, on application of any party or ex parte on the application of a hearing officer, grant appropriate interim or special relief. Such relief may include issuance of a writ of ne exeat directed to the present custodian of the child(ren) where flight to evade jurisdiction is imminent.
(b) when relief is sought on application of a party, the court shall grant appropriate interim or special relief only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction without a hearing or without notice. In determining whether a preliminary or special injunction should be granted and whether notice of a hearing should be required, the court may act on the basis of the averments of the pleadings or petition and may consider affidavits of parties or third persons, or any other proof which the court may require.
(c) Special relief and/or interim relief granted without notice to the opposing party shall be deemed dissolved unless a hearing on the continuance of the special and/or interim relief is held within five (5) days after granting such relief or within such other time as the parties may agree or as the court upon cause shown shall direct.
Rule 1915.14. Disobedience of Order Other Than For Custody.
The court may issue a bench warrant for the arrest of any person who fails to obey any court order related to a custody proceeding and shall cause that person to be produced in open court to show cause why he or she should not be adjudged in contempt for willful disobedience.
Rule 1915.17. Pre-Hearing Conference and Consent Order.
(a) A pre-hearing conference shall be scheduled no sooner than ten (10) days after the pleading under these rules commencing the action has been filed. All actions commenced under these rules shall be scheduled for conference.
(b) The pre-hearing conference shall be held to focus issues of fact and law and to explore the possibility of a negotiated settlement and consent order.
(c) A continuance may be granted upon good cause shown to afford a party reasonable opportunity to obtain counsel and to prepare a defense.
(d) A consent order shall be in substantially the following form:
(Case Caption) CONSENT ORDER NOW THIS, ____ day of ______ , 20 ____ , the attached stipulation of the parties is incorporated herein by reference and made an Order of this Court with the same full force and effect.
BY THE COURT:
______ J.
Rule 1915.18. Notice of Hearing and Order.
(a) A hearing shall be scheduled no sooner than twenty (20) days after the pre-hearing conference has been held and no sooner than twenty (20) days after the service of the order setting the time and date for hearing, unless for cause shown, the court orders an earlier hearing.
(b) Hearings shall be stenographically recorded. Witnesses may be sequestered.
(c) A continuance may be granted by the hearing officer upon good cause shown to afford a party reasonable opportunity to obtain counsel and to prepare a defense.
(d) Written notice of the hearing in the form required by Pa. R.C.P. 1915.15 shall be given no less than twenty days prior to hearing to each attorney of record and/or the parties by the plaintiff or petitioner. Service shall be by the means set forth in Pa. R.C.P. 412.
(e) The rules of evidence shall govern the taking of testimony and the admission of exhibits, except that all material and relevant evidence which has substantial probative value may be received and evaluated notwithstanding technical objections to its admissibility.
Rule 1915.19. Appointment of Hearing Officer. Report.
(a) The court may appoint standing hearing officers to hear the testimony and return the record to the court, together with a report and recommendation.
(b) The hearing officer shall file the report and recommendation no later than thirty (30) days after the record is closed. The hearing officer shall immediately send notice of the filing of the report to each party or the attorneys of record together with a copy of the report and recommendation. The notice shall be dated with the date of mailing.
(c) The hearing officer's report shall contain findings of fact, conclusions of law, and a recommendation. The report may be in narrative form and shall state the reasons for the recommendation. The conclusions of law shall include a discussion of the law and the facts and the legal conclusions reached by the hearing officer.
Rule 1915.20. Exceptions to Hearing Officer's Report. De Novo Hearings. Final Order.
(a) Within ten (10) days after notice of the filing of the hearing officer's report has been mailed, exceptions may be filed by any party to the report or any part thereof, to ruling on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearings. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to the entry of the final order, leave is granted to file exceptions raising those matters.
(b) If no exceptions are filed to the hearing officer's report within the ten (10) day period, the plaintiff or petitioner shall prepare and file a praecipe to transmit the entire record and a proposed order. The Clerk of Judicial Records shall then transmit the entire record and proposed order to the court which shall review the record and, if approved, shall enter a final order.
(c) A final order shall be in substantially the following form:
(Case Caption) FINAL ORDER NOW, this ____ day of ______ , 20 ____ , the attached report and recommendation is incorporated herein by reference and made the order of this court with the same full force and effect.
BY THE COURT:
______ J.
(d) If exceptions are filed, the court shall hear arguments, take testimony, and enter an appropriate final order. No exceptions may be filed to the final order.
(e) Exceptions shall be served upon the hearing officer and all opposing counsel.
(f) All costs associated with the exceptions, including transcription costs, shall be borne by the party or parties taking the same, unless otherwise ordered by court.
ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE Rule 1920.3. Commencement of Action.
(a) Initial Pleading
Every complaint, counterclaim, or petition, in an action for divorce or annulment, shall be filed with the Clerk of Judicial Records.
(b) Child or Spousal Support
Any party filing with the Clerk of Judicial Records a claim for child or spousal support in a complaint, counterclaim, or petition in a divorce action shall, simultaneously therewith, file a conformed copy thereof in the domestic relations office of this court where it shall proceed in accordance with the practice and procedure of the domestic relations section of this court.
Rule 1920.22. Discovery.
(a) Motion
A party seeking a special order of court for discovery pursuant to Pa. R.C.P. 1920.22(a) shall request the same by written motion in accord with Lacka. Co. R.C.P. 206.1
(b) Compliance
All requests for discovery shall be complied with within the time period established by the order therefore or, if no order is required or no period is established by the order, then within thirty (30) days from the date of service thereof.
(c) Motion for Compliance
If a party fails to comply with requested discovery within the time period provided by Lacka. Co. R.C.P. 1920.22(b), the requesting party may, upon expiration of said time period, file a motion for compliance and serve a copy thereof on the attorney for the noncomplying party or, if no attorney is of record, then on the noncomplying party. Upon service thereof, the noncomplying party shall comply with the requested discovery within fifteen (15) days, unless additional time is granted by the court.
(d) Sanctions
If a motion for compliance is filed and served and the opposing party fails to comply with Lacka. Co. R.C.P. 1920.22(c) the court shall impose the following sanctions as additional sanctions to those which the court deems appropriate:
(1) Counsel fees. Require the noncomplying party to pay reasonable counsel fees of the requesting party.
(2) Monetary sanctions. Require the noncomplying party to pay to the requesting party a sum to be set by the court for each day of noncompliance.
Rule 1920.33. Inventory and Appraisement.
Failure to File
If a party fails to comply with the filing requirements of Pa. R.C.P. 1920.33(a), the opposing party may file a motion for compliance in accordance with Lacka. Co. R.C.P. 1920.22(c) which shall proceed in accordance with said rule and shall be subject to the imposition of sanctions in accordance with Lacka. Co. R.C.P. 1920.22(d). In addition thereto, the court may order that, if the opposing party has fully complied with the requirements of Pa. R.C.P. 1920.33(a), the same shall be taken to be established for the purposes of the action.
Rule 1920.51. Hearing by the Master.
(a) Preliminary Conference
The appointed master shall schedule a preliminary conference within twenty (20) days from the date of assignment. Such preliminary conference shall be for the purpose of attempting to effectuate a settlement of all matters in dispute and shall be attended by the attorneys for both parties and, unless otherwise excused by the master, by both parties. Each party shall, at least five (5) days prior to the preliminary conference, supply to opposing counsel and to the master a preliminary conference memorandum which shall contain:
(1) as attachments thereto, all filings required by Pa. R.C.P. 1920.31 and 1920.33(b); and,
(2) a list of the legal issues which are present and the proposed resolution thereof including the authority which is the basis of such proposed resolution.
(b) Sanctions
If a party or his attorney willfully violates the requirements hereof or fails to attend the preliminary conference without good cause shown to the master, the master may recommend and the court may impose appropriate sanctions as prescribed by Pa. R.C.P. 4019 and, in addition thereto, may bar the offending party from offering any testimony or introducing any evidence in support of or in opposition to the claims for the matters to be included in the preliminary hearing memorandum in accordance herewith.
(c) Masters Hearing
If the matter cannot be resolved at the preliminary conference, the master shall schedule a hearing on all unresolved items. The date and time of such hearing or hearings shall be established by the master.
(d) (1) Continuances. No hearing or preliminary conference shall be continued without agreement by both parties or good cause shown to the master.
(2) Opposition to continuance. If the master grants a continuance requested by one of the parties and opposed by the other party, the grant of such continuance shall be made by the master in writing and shall include the reason for which such continuance was granted.
(3) Repeated continuances. In the event of repeated continuances, either party may petition the court in accordance with Lacka. Co. R.C.P. 206, for appropriate relief.
MINORS AND INCOMPETENT PARTIES Rule 2032. Filing Affidavit as to Age.
(a) A party, who files and serves on another party a rule to file of record an affidavit indicating whether that party is an adult or a minor, shall at the time of filing such rule also file a certificate of service indicating the manner of service of said rule and the date on which such service was made.
(b) The rule filed and served by a party shall advise the recipient party who is directed to file the affidavit of the date of filing of rule in the office of the Clerk of Judicial Records.
(c) The party who is to file the affidavit shall do so within ten (10) days from the date of service of the rule.
Rule 2039. Compromise, Settlement, Discontinuance or Distribution in Action Involving a Minor.
Notwithstanding the provisions of any rule of this court to the contrary, if a petition is presented to the court pursuant to Pa. R.C.P. 2039 for the compromise, settlement, or discontinuance of, or distribution of a fund resulting from an action to which a minor is a party, the court, if it so chooses, may act upon said petition immediately upon its presentation.
Rule 2056. Notice to Guardian of Incompetent.
In a case in which a defendant is incompetent, the notice required by Pa. R.C.P. 2056(b) may be given by personal service or by registered mail. If registered mail is utilized for this purpose, the plaintiff, the plaintiff's attorney, or any competent adult acting on behalf of the plaintiff shall send a registered letter to the last known address of the guardian of the incompetent defendant requiring a receipt signed by the guardian. If the letter is returned by the post office without a receipt signed by the guardian but with a notation by the postal authorities that the guardian refused to accept the letter, the plaintiff shall have the right of service by ordinary mail addressed to the guardian of the incompetent at the same address with the return address of the sender appearing thereon.
Rule 2059. Notice to Incompetent of Application for Guardian Ad Litem.
In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incompetent party, a copy of the petition and the rule to show cause or stay order issued thereon shall be served personally on the incompetent immediately upon the filing of the petition.
Rule 2064. Compromise, Settlement, Discontinuance and Distribution in Action Involving an Incompetent.
The practice upon the presentation of a petition pursuant to Pa. R.C.P. 2064 shall be the same as that prescribed under Lacka. Co. R.C.P. 2039.
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[Continued from previous Web Page] ACTIONS FOR WRONGFUL DEATH Rule 2205. Notice to Persons Entitled to Damages.
(a) The notice prescribed in Pa. R.C.P. 2005 shall name the decedent and state the court, term and number of the action. If the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such person may petition the court to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or the personal representative of the decedent.
(b) An affidavit of service by registered mail of such notice shall be filed in the office of the Clerk of Judicial Records within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed, is returned to the plaintiff.
JOINDER AND SUBSTITUTION OF PARTIES Rule 2227. Compulsory Joinder.
Application under Pa. R.C.P. 2227(b) to join an unwilling co-owner of a solely joint cause of action as a defendant or an involuntary plaintiff in an action shall be by petition and rule to show cause; the petition shall set forth the substantive grounds for such joinder.
Rule 2232. Defective Joinder. Change of Parties.
(a) In any case in which the defendant is required by Pa. R.C.P. 2232(a) to give notice of the pendency of an action to recover damages for any injury, not resulting in death, inflicted upon the person of a husband or wife or a minor, such notice shall be given by registered mail within twenty (20) days after service upon the defendant of the complaint.
(b) The notice shall state the court, term, and number of the action, the parties thereto, and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after the receipt of such notice or his or her cause of action will be barred and the action will proceed without him or her.
(c) Application under Pa. R.C.P. 2232(b) to drop from the record a party who has been misjoined or against whom no claim for relief is asserted in the action shall be by petition and rule to show cause directed to all other parties. Alternatively, a defendant in an action against whom no claim for relief is asserted may seek dismissal of the action as it pertains to him by demurrer.
(d) An application under Pa. R.C.P. 2232(c) to join as a party any other person who could have joined or have been joined as such in the action shall be by petition and rule to show cause.
Rule 2253. Extension of Time Limits to Join Additional Defendants.
Application to the court for an extension of time in which to file a praecipe or compliant to join an additional defendant shall be by motion, duly verified, if facts not appearing of record are averred. The court, if it so chooses, may act upon said motion immediately upon its presentation.
Rule 2352. Praecipe for Rule for Substitution of Successor.
The praecipe filed with the Clerk of Judicial Records pursuant to Pa. R.C.P. 2352(b) to show cause why the successor should not be substituted as a party shall set forth the last known address of the successor. Said address shall then be set forth in the rule.
Rule 2353. Service by Publication of Rule Concerning Substitution of Parties.
Service by publication of the rule to show cause why the successor should not be substituted as a party shall be made by publishing said rule, together with a notation of the nature and number of the action in which the rule is issued and the relief demanded, and that, if said successor does not appear in this court within twenty (20) days after the last publication, said rule may be made absolute in his absence. Said publication shall be made as prescribed by Lacka. Co. R.C.P. 440(c).
EXECUTION AND ENFORCEMENT OF JUDGMENTS Rule 2959. Return Day for Rules Pertaining to Judgment by Confession.
The return day for a rule to show cause why relief from a judgment by confession should not be granted shall be determined in accordance with Lacka. Co. R.C.P. 206 unless the court directs a different return day at the time the petition is presented.
Rule 3128. Notice of Resale of Personal Property by Sheriff.
No resale shall be scheduled without first giving notice to all bidders who appeared at the originally scheduled sale. The resale date cannot be sooner than seventy-two (72) hours from the original sale date.
Rule 3129.1. Notice of Sale. Real Property.
(a) Whenever a sale of real property is governed by Pa. R.C.P. 3129.1, all handbills, written notices, and publications shall include, as part of the location of the property, a street address.
(b) Street address is defined as the street number and street name where a number exists. Where no street number exists, the street address is defined as the land and/or portion of land between the nearest two street numbers and/or intersecting streets which do exist and the street name.
Rule 3130. Notice of Sale of Securities.
When notice to a defendant of the sale of securities is required by Pa. R.C.P. 3130, such notice may be given by the sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the sheriff's office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom such sale will be made, and the date when the securities will be offered for sale.
Rule 4000. Motion Practice for Discovery and Scheduling Matters.
(a) Any court order regarding discovery, including orders involving sanctions and pre-trial deadlines for the completion of discovery, the exchange of expert reports, the filing of case dispositive motions, and other scheduling matters prior to the filing of a Certificate of Readiness, which a party seeks pursuant to any provisions of Pa. R. Civ. P. 4001 through 4020 or any provisions of the Rules of Civil Procedure of the court of common pleas of Lackawanna County pertaining to discovery or scheduling orders shall be sought by the presentation of a motion in compliance with the provisions of Lacka. Co.R.C.P. 206.1, 4000.1 and 4019.
Rule 4000.1. Motion for Presentation before a Special Trial Master.
(a) Presentation to the court of a motion pursuant to Lacka. Co. R.C.P. 4000 shall in all circumstances be initially presented to and decided by a Special Trial Master appointed by the Court who shall follow the same procedures set forth in Lacka. Co. R.C.P. 4000.
(b) An order of the Special Trial Master may be appealed de novo by presentation of an appeal motion to the court, together with proof of payment of the Clerk of Judicial Records of an appeal cost of an amount to be set by the court from time to time. The appeal motion shall be filed within ten days of the order of the Special Trial Master and shall be considered by the court pursuant to Lacka. Co. R.C.P. 4000.
(c) Motions practice before the Special Trial Master shall be conducted in compliance with Lacka. Co. R.C.P. 206.1 and the Master shall hear motions in the Lackawanna County courthouse on Monday and Thursday at 9:30 a.m., unless otherwise agreed by counsel and the Master or by order of the Master.
(d) Presentation of a motion in any case in which the Special Trial Master is involved shall be presented to the court rather than through the procedure set forth in this Rule.
Rule 4007.1. Objections During Oral Depositions; Speaking Objections
(a) Counsel making an objection during an oral deposition shall state the word, ''objection,'' and briefly state the legal basis for the objection without argument.
(b) If there is to be any discussion, amplification or argument on the objection, the witness shall be excused from the room at the request of any party. Such discussion, amplification or argument shall be made on the record unless all parties agree otherwise.
(c) An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka. Co. R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka. Co. R.C.P. 4012 during the deposition.
Rule 4012. Protective Orders.
(a) If a deposition is being taken within the Lackawanna County courthouse and demand is made for its suspension, a motion for a protective order under Pa. R.C.P. 4012(b) shall be made immediately to the Special Trial Master for Discovery, if available, in which event the motion may be oral and heard. If the Special Trial Master for Discovery is not available, the motion for a protective order may be oral and shall be presented to the Special Trial Master for Discovery within forty-eight (48) hours of the suspension of the taking of the deposition. Otherwise, the objecting party or deponent will be deemed to have waived the objection and the taking of the deposition shall be immediately resumed on notice to all interested parties and the deponent.
(b) In all other cases, the motion must be in writing and presented to the Special Trial Master for Discovery as provided in Lacka. Co. R.C.P. 4000 herein except that, upon failure to present such motion within fifteen (15) days of the suspension of the taking of the deposition, the objecting party or deponent will be deemed to have waived the objection whereupon the taking of the deposition shall be resumed on reasonable notice to all interested parties and the deponent.
Rule 4013. Stay of Proceedings by Discovery.
(a) If a party seeks a stay of discovery pending disposition of a motion for a protective order, the basis for such a request shall be stated with particularity in the motion and shall be called to the attention of the Special Trial Master for Discovery at the time of presentation of the motion.
(b) If during the pendency of an action a party desires a general stay of the proceedings for purposes of deposition and discovery, the court upon motion and for cause shown may enter an appropriate order staying the proceedings.
Rule 4017.1. Objections During Videotape Depositions.
(a) Counsel making an objection during a videotape deposition shall simply state ''objection'' upon which the video operator shall stop the videotape. Further argument or discussion shall be made off camera but on the written transcript.
(b) During any discussion or argument, the witness shall be excused from the room at the request of any party.
(c) An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka. Co. R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka. Co. R.C.P. 4012 during the deposition.
Rule 4019. Petitions for Sanctions before a Special Trial Master.
(a) Any party seeking sanctions pursuant to Pa. R.C.P. 4019 for violation of an order of the Special Trial Master pursuant to Lacka. Co. R.C.P., of an order of the court pursuant to Lacka. Co. R.C.P. 4000, or otherwise pursuant to Pa. R.C.P. 4019 shall, in all circumstances, initially do so by motion to the Special Trial Master pursuant to Lacka. Co. R.C.P. 4000.1.
(b) Any order of the Special Trial Master granting or denying a sanction may be appealed de novo by presentation of an appeal motion to the court, together with proof of payment to the clerk of Judicial Records of an appeal cost of an amount to be set by the court from time to time, and said appeal motion shall be considered by the court pursuant to Lacka. Co. R.C.P. 4000.
Rule 4020. Use of Deposition at Trial.
(a) If all or part of a deposition is offered in evidence as substantive evidence of its contents because of the unavailability of the witness, whether or not a party, the counsel offering said deposition shall first submit to the court such evidence as will enable the court to find that the appropriate facts under Pa. R.C.P. 4020(a)(3) exist.
(b) An application to the court to use all or part of a deposition of a witness, whether or not a party, as substantive evidence pursuant to Pa. R.C.P. 4020(a)(3) shall be made upon reasonable notice to all parties.
Rule 4021. Assignment of Judge for Discovery Proceedings.
In an appropriate case, the court upon its own motion or upon motion of any party may elect to designate one judge to direct all discovery proceedings in that case and to hear and rule upon all motions and petitions relating to discovery. Such designation shall be made by the President Judge.
FORM 1 Court of Common Pleas of Lackawanna County FOR CLERK OF JUDICIAL RECORDS USE
ONLY
Civil Cover Sheet Docket Number:
PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S ADDRESS PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO. OF DEFENDANTS COMMENCEMENT OF ACTION
Complaint Petition Action Notice of Appeal
Writ of Summons Transfer from other jurisdictions
AMOUNT IN CONTROVERSY In Excess of Jurisdictional Amount?
Yes No
COURT PROGRAMS
Arbitration Jury Non-Jury Petition Minor Court Appeal
Statutory Appeals Other:
CASE TYPE AND CODE (SEE INSTRUCTIONS) STATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) REMARKS: TO THE CLERK OF JUDICIAL RECORDS:
Please enter my appearance on behalf of Plaintiff;
Papers may be served at the address set forth below:NAME OF PLAINTIFF'S ATTORNEY OR PRO SE
PLAINTIFFADDRESS PHONE NUMBER FAX NUMBER SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS SIGNATURE DATE LACKAWANNA COUNTY COURT OF COMMON PLEAS CIVIL COVER SHEET INSTRUCTIONS An attorney or pro se party filing a document commencing any type of civil action shall file a properly completed Civil Cover sheet. Copies of the Civil Cover Sheet shall be attached to service copies of the document commencing the action.
PARTIES
Regardless of the type of action, the initiating party or parties shall be designated as Plaintiff or Plaintiffs and the responding party or parties shall be designated as Defendant or Defendants. Names of individuals shall be listed as last name, first name, middle initial. Full names of agencies and corporations shall be provided. Spouses shall be listed as separate parties unless the claim of one spouse is limited to a claim for consortium in which case the designation, et ux. or et vir shall be used. Where there are more than three plaintiffs or defendants, a supplemental form listing the additional parties shall be attached to the Cover Sheet.
The section labeled ''Remarks'' is for procedural matters only. These may include such matters as related cases where consolidation might be advisable. Matters such as expected difficulty with service of process or the status of settlement discussions do not belong in this section.
CASE TYPE AND CODE DESIGNATION
FAM Family Court FAM/CUST Custody FAM/DIV Divorce MCT Minor Court Appeal LAG Local Agency Appeal LAG/MVS Motor Vehicle Suspension LAG/ZB Zoning Board Appeal LAG/O Other Agency Appeals PCP/VAL Validation of Tax Title PCP/TS Tax Sale PCP/OBJ Objection to Tax Sale PCP/PRIV Petition to set aside private sale PCP/O Other Proceedings commenced by Petition CJ Confession of Judgment CLASS Class Action CNT Contract cases DECL Declaratory Judgment COND/DT Condemnation/Declaration of Taking TORT/AB Assault & Battery TORT/LS Libel & Slander TORT/FR Fraud TORT/BF Tort Bad Faith TORT/WCP Wrongful Use of Civil Process TORT/O Other torts NGL/MVA Motor Vehicle Accident NGL/NF No-Fault Benefits NGL/PI Personal Injury NGL/PREM Premises Liability NGL/PROD Product Liability NGL/TT Toxic Tort NGL/O Other Negligence Action MLP/D Dental Malpractice MLP/L Legal Malpractice MLP/M Medical Malpractice MLP/O Other Malpractice EQ Equity REPL Replevin RP Real Property RP/EJ Ejectment RP/QT Quiet Title RP/MF Mortgage Foreclosure RP/ML Mechanic's Lien RP/PRT Partition PP Personal Property Actions STATUTORY CAUSE OF ACTION
If the action is commenced pursuant to statutory authority, the specific statute must be identified with full citation.
PENDING CASES
Previously filed related cases must be identified by caption and docket number whether or not consolidated.
FORM 2 : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY Plaintiff(s)
: : vs. : : : Defendant(s)
: NO. ____ -CV- ____ PRAECIPE FOR ASSIGNMENT TO: Lackawanna County Court Administrator
Please be advised that the Plaintiff/Defendant has filed __________(identify motion, petition or preliminary objection)
in the above-captioned case.
[ ] All parties have agreed to submit this matter on briefs without the necessity of oral argument.
[ ] Please schedule this matter for oral argument.
___________________________ ___________________________ (Attorney for Plaintiff) (Attorney for Defendant) ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Address Address ___________________________ ___________________________ Telephone Number Telephone Number Respectfully submitted: Date: _________________ By: _________________ FORM 3 PLAINTIFF/DEFENDANT PRE-TRIAL
SETTLEMENT STATEMENTCase Caption Court Term & No.
I. Facts in brief detail:
II. Contentions of the parties as to liability and pertinent legal issues:
III. A statement of settlement negotiations to date, including plaintiff's most recent demand and the defendant's most recent offer:
IV. Plaintiff's contentions as to injuries and special damages:
(a) Injuries sustained:
(b) Special damages:
(1) Medical:
(2) Loss of earnings:
(3) Out-of-pocket expenses (type and amount):
(4) Other:
V. Nature and extent of loss suffered by plaintiff, or the right sought to be enforced (non-personal injury cases):
VI. Any other factor which should aid in disposing of the action:
FORM 4 PLAINTIFF/DEFENDANT PRE-TRIAL CONFERENCE STATEMENT Case Caption Court Term & No.
I. Version of the facts in brief detail:
II. Contentions as to liability and/or legal issues pertinent:
III. List of requested stipulations of fact or authenticity (admissibility of documents):
IV. Estimated trial time:
V. A list of all documents or exhibits other than those a party expects to use for impeachment or rebuttal purposes. The list should be specific enough to enable the judge and opposing counsel to identify each document or exhibit. A party may, at his option, produce copies of all documents or exhibits at the pretrial conference in lieu of listing them in the pretrial statement:
VI. A list by name and address of all witnesses the party intends to call at trial, except those who may be used for rebuttal or impeachment purposes. If the parties learn the names of any additional witnesses after the pretrial conference, they will promptly exchange names and addresses:
VII. A statement of settlement negotiations to date, including the plaintiff's most recent demand and the defendant's most recent offer:
VIII. All legal issues or other questions which counsel reasonably anticipate will arise during selection of the jury or during trial:
IX. Plaintiff's contentions as to injuries and special damages:
(a) The injuries sustained are as follows:
(b) The special damages are as follows:
(1) Medical--(here set forth names of doctors, hospitals, etc., and amount of bills for same):
(2) Loss of earnings--including amount of time lost, occupation and employer rate of pay:
(3) Any other out-of-pocket expenses (type and amount):
(4) Other:
(c) Nature and extent of loss suffered by plaintiff (primary or counterclaim) or the right sought to be enforced (non-personal injury cases):
X. Any additional issues you feel should be considered as an aid in disposing of this action:
___________________________ ___________________________ Attorney Party Represented FORM 5 Pre-Trial Order (1) Jurisdiction. A statement as to the nature of the action and the authority under which the jurisdiction of the court is invoked.
(2) Facts. A comprehensive written stipulation of all uncontested facts in such form that it can be read to the jury as the first evidence at trial.
(a) These facts should include all matters capable of ascertainment, such as ownership, agency, dimensions, physical characteristics, weather conditions, road surfaces, etc. Approximations and estimates which are satisfactory to counsel will be accepted by the judge.
(b) No facts should be denied unless opposing counsel expects to present contrary evidence on the point at trial, or genuinely challenges the fact on credible grounds.
(c) The facts relating to liability and to damages are to be separately stated.
(d) The parties shall reach agreement on uncontested facts even though relevancy is disputed; if such facts are ruled admissible, they need not be proved.
(e) The parties shall also set forth their respective statements of facts which are in dispute, separating those referring to liability from those referring to damages.
(3) Damages or Other Relief. A statement of damages claimed or relief sought.
(a) A party seeking damages shall list each item claimed under a separate descriptive heading (personal injury, wrongful death, loss of profits, survival, loss of wages, deprivation of civil rights, punitive damages, false imprisonment, libel, slander, property damage, pain, suffering, past and future medical expense, balance due under contract, performance due under a contract, interest, etc.) shall provide a detailed description of each item, and state the amount of damages claimed.
(b) A party seeking relief other than damages shall list under separate paragraphs the exact form of relief sought with precise designations of the persons, parties, places, and things expected to be included in any order providing relief.
(4) Legal Issues. Under separate paragraphs, each legal issue that must be decided and the principal constitutional, statutory, regulator, and decisional authorities relied upon.
(5) Witnesses. Under separate headings, and under separate headings for liability and damages, the names and addresses of all witnesses whom the plaintiff, defendant, and third-parties actually intend to call at trial.
(a) Witnesses shall be listed in the order they will be called. Each witness shall be identified and there shall be a brief statement of the evidence which the witness will give.
(b) A detailed summary of the qualifications of each expert witness shall be submitted. This summary shall be in such form that it can be read to the jury when the expert takes the stand to testify.
(c) Only those witnesses listed will be permitted to testify at trial, except to prevent manifest injustice.
(d) Failure to call at trial any listed witness shall not be a proper subject of jury argument unless justified by the record of the case exclusive of pre-trial conference statements or the pre-trial order.
(e) Whenever practicable, a hypothetical question to be propounded to any expert witness shall be prepared in advance for submission to the court and parties in sufficient time as not to delay the trial. If impracticable at this stage, counsel shall arrange for its submission at a later time during trial.
(6) Exhibits. A schedule of all exhibits to be offered in evidence at trial, together with a statement of those agreed to be admissible and the grounds for objection to any not so agreed upon.
(a) The exhibits shall be serially numbered without any designation as to whether they are being offered by plaintiff or defendant. The exhibits shall be physically marked before trial in accordance with the schedule.
(b) Where testimony is expected to be offered as to geographical location, building, structure, waterway, highway, road, walkway, or parcel of real estate, plaintiff shall furnish an exhibit in such form that it can be used in the courtroom as an aid to oral testimony.
(i) Except in those cases where the issues require the use of exact scale, the exhibit may be a simple single-line, hand-drawn sketch.
(ii) In most instances, it will not be necessary that the exhibit be to scale or contain other than reasonably accurate features of the geographical characteristics involved.
(iii) If of adequate size and clarity, this exhibit may be an existing drawing, plan, or blueprint.
(c) Except for unusual circumstances, it is expected that the authenticity or genuineness of all exhibits, including non-documentary items, documents, photographs, and data from business records from sources other than parties to the litigation will routinely be stipulated to and will be received in evidence if relevant. Counsel likewise are expected to agree upon the use of accurate extracts from or summaries of such records. Life expectancy tables, actuary tables, and other similar statistical tabular data routinely and regularly used in litigation in the Commonwealth's courts should also normally be stipulated to.
(d) At trial, counsel shall furnish a copy of each exhibit to the judge.
(7) Legal Issues and Pleadings. Special comments regarding the legal issues or any amendments to the pleadings not otherwise set forth.
(8) Trial Time. An estimate of the number of trial days required, separately stated for liability and damages.
(9) Discovery Evidence and Trial Depositions. Each discovery items and trial deposition to be offered into evidence.
(a) Where the videotape or deposition of a witness is to be offered in evidence, counsel shall review it so that there can be eliminated irrelevancies, side comments, resolved objections, and other matters not necessary for consideration by the trier of fact. Counsel shall designate by page the specific portions of deposition testimony and by number the interrogatories which shall be offered in evidence at the trial. To serve this end all videotape depositions will be accompanied by a typewritten deposition of the same testimony.
(b) Depositions and interrogatories to be used for cross-examination or impeachment need not be listed or purged.
FORM NO. 6 REQUEST FOR MEDIATION PLAINTIFF(S): __________
DEFENDANT(S): __________
INSURER(S): __________
__________PLAINTIFF'S ATTORNEY: __________
__________
__________DEFENDANT'S ATTORNEY: __________
__________
__________ASSIGNED JUDGE: __________
TYPE OF CASE: __________
STATUS OF CASE: __________
THE REASON THE PARTIES REQUESTING MEDIATION BELIEVE THIS CASE IS APPROPRIATE FOR MEDIA- TION: __________
__________
__________
__________Respectfully submitted,
__________
Counsel for __________FORM 7 Court of Common Pleas
County of LackawannaCERTIFICATE OF READINESS
CIVIL TRIAL LISTING ACTIONNUMBER
ACTION ALL CIVIL CASES SHALL BE ASSIGNED TO A JUDGE FOR TRIAL BY THE COURT ADMINISTRATOR
UPON THE FILING OF A CERTIFICATE OF READINESS IN THE FOLLOWING FORM:TYPE OF TRIAL REQUESTED
[ ] Jury [ ] Non-Jury [ ]ArbitrationESTIMATED TIME
_____ DAYS
DATE PREPARED
_________________PLAINTIFF(S)
DEFENDANT(S)
ADDITIONAL DEFENDANTS(S)
I CERTIFY THAT ALL DISCOVERY IN THE CASE HAS BEEN COMPLETED; ALL NECESSARY PARTIES AND WITNESSES WILL BE AVAILABLE; SERIOUS SETTLEMENT NEGOTIATIONS HAVE BEEN CONDUCTED; ALL DEPOSITIONS FOR USE AT TRIAL HAVE BEEN COMPLETED OR SCHEDULED; NO CASE DISPOSITIVE MOTIONS ARE PENDING NOR DOES ANY PARTY CONTEMPLATE THE FILING OF SAME; NO CERTIFICATE OF READINESS HAS BEEN FILED WITHIN THE PAST 24 HOURS BY ANY PARTY OR LAWYER OF RECORD IN THIS CASE; THE CASE IS READY IN ALL RESPECTS FOR TRIAL; THAT A COPY OF THIS CERTIFICATE OF READINESS HAS BEEN SERVED ON ALL COUNSEL HAVING AN INTEREST IN THE CASE NO LESS THAN 15 DAYS PRIOR TO THE FILING; NO PARTY OR COUNSEL OBJECTS TO THE FILING OF THIS CERTIFICATE OF READINESS. _________________ ___________________________
DATE SERVED SIGNATURE OF TRIAL COUNSELCOUNSEL WHO WILL ACTUALLY TRY THE CASE FOR THE PLAINTIFF(S)
ADDRESSTEL. NUMBER FOR THE DEFENDANT(S)
ADDRESSTEL. NUMBER FOR THE ADDITIONAL
DEFENDANT(S)
TEL. NUMBER IDENTIFY ANY JUDGE WHO HAS DECIDED A CASE DISPOSITIVE MOTION IN THIS CASE PURSUANT TO LACKA. CO. R.C.P. 1028, 1034 OR 1035.2: ___________________________
CASE ASSIGNED TO JUDGE _________________ STATUS CONFERENCE SCHEDULED FOR _________________ AT ______ .M. IMPORTANT NOTICE: FILE CERTIFICATE WITH THE CLERK OF
JUDICIAL RECORDS, LACKAWANNA
COUNTY COURTHOUSE, SCRANTON, PACJR-CV-2 [Pa.B. Doc. No. 04-1358. Filed for public inspection July 23, 2004, 9:00 a.m.]
