DAUPHIN COUNTY Promulgation of Local Rules; No. 1793 S 1989 [34 Pa.B. 3394] Order And Now, this 23rd day of June 2004, Dauphin County Local Rules are amended as follows:
RULE 205.1. [Filing Legal Papers;] Removing Papers From Prothonotary's Office
[(1) All papers filed in the Office of the Prothonotary shall bear the name of the attorney or party filing them, and the address at which service can be made. In all cases where a judge has been assigned to the matter in dispute, a courtesy copy of all pleadings, briefs or memoranda filed with the Prothonotary shall also be filled with the chambers of the assigned judge. The size and other physical characteristics of all papers or other documents filed shall conform to standards set and established by the Pennsylvania Rule of Appellate Procedure for papers or other documents filed in an appellate court.
(2) The Prothonotary shall endorse upon each paper filed the date and time of its filing, and enter it upon the proper docket.
(3) Except as otherwise provided herein, no original papers shall be removed from the Office of the Prothonotary without prior written permission of the Court upon cause shown. Transcripts of proceedings are deemed to be original papers.
(4) No original note, bond or other instrument upon which a judgment has been entered, shall be removed from the Office of the Prothonotary except for use by the Court.
(5) All other papers may be removed by any attorney who is a member of the Dauphin County Bar--
(a) For return prior to the close of the next business day, upon the filing with the Prothonotary of a signed letter listing with specificity each document to be removed together with a receipt as prescribed by Rule 205.1(7), below.
(b) For a period not to exceed thirty (30) days, with written leave of Court.
(6) A referee, auditor, master or other similar officer appointed by the Court may remove papers for the purposes of his appointment for a period not to exceed ninety (90) days, unless the time be further extended by order of Court.
(7) When an attorney removes papers from the Office of the Prothonotary with permission of the Court he shall give a receipt thereof, setting forth the caption and number of the case, a description of the papers removed and the date of removal, which receipt shall be signed by the attorney removing the papers.
(8) All papers removed on receipt, with or without leave of Court, shall be returned promptly, and in no case shall papers be retained for a period longer than prescribed herein, except by special permission of the Court. If papers are retained beyond the proper time limit, the Prothonotary shall notify the attorney in default of his failure to return such papers, and if such default continues for three (3) days following such notice the attorney concerned shall thereafter be prohibited from removing any papers from the office until the default is corrected. The Prothonotary shall report such cases of continuing default to the Court for appropriate action.]
No original papers, including transcripts, shall be removed from the Prothonotary's Office except by the following officers appointed by the court:
(1) Custody Conference Officers
(2) Divorce Masters
(3) Chair of Board of Arbitration
(4) Chair of Board of View
(5) Special Masters
(6) Court staff and other person(s) specifically authorized by order of court.
Rule 205.2(a) Physical Characteristics Of Pleadings and Other Legal Papers
(1) All documents filed in the Office of Prothonotary shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:
(a) The document shall be prepared on white paper of good quality and the use of recycled paper is encouraged.
(b) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.
(c) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Except as provided in subsection b, margins must be at least one inch on all four sides.
(d) The lettering shall be clear, legible and no smaller than Arial 12 point.
(e) The lettering shall be on only one side of a page.
(f) All exhibit tabs shall appear at the bottom of the pleading.
(g) No backers shall be used on the original or any copies of pleadings or other legal papers filed with the Prothonotary. The original of pleadings or other legal papers should be stapled in the top left corner. If the document is over one-half inch thick, it should be secured with a binder clip. Backers may be used for copies provided to the court, opposing parties or clients.
(h) Exhibits or attachments smaller than 8 1/2 inches by 11 inches shall be attached to a regular size paper by using adhesive tape.
(i) Pages shall be consecutively numbered beginning with page 2 and said number shall appear on the bottom center of the pleading.
(j) The name of the attorney or party, the address at which service can be made, a telephone number and email address of the attorney or party shall appear on the top left hand corner of the first page of all papers filed in the Office of the Prothonotary.
(k) With the initiating filing and all subsequent filings, in cases where medical malpractice is or will be alleged, the notation ''medical malpractice'' shall appear on all captions directly underneath the docket number.
(l) Any courtesy copies of filings that are provided to a judge and served on opposing parties must be firmly bound and any metal fasteners or staples must be securely covered with no sharp or protruding edges of any kind.
(m) Filings of record may be referenced in any subsequent filing but shall not be attached thereto.
(2) The Prothonotary shall endorse upon each paper filed, the date and time of its filing, and enter it upon the proper docket.
RULE 205.2(b) COVER SHEETS (Under Further Review and Consideration)
Rule 206--Petitions and Motions; Stay of Proceedings (Rescinded)
Rule 206.1(a)--Petitions
(1) The only applications designated to proceed as petitions are:
(a) Petitions to Open Judgment;
(b) Non Pros Petitions; and
(c) Any other applications so designated by statute or rule of court.
All other applications shall proceed as motions. If an application is designated by statute or rule of court to proceed as a petition, the statutory basis or specific rule must be specifically set forth in the petition.
(2) All issues relating to the administration, filing and processing of judicial assignments relating to petitions shall be under the direction and supervision of the Civil Calendar Judge.
Rule 206.4(c). Applications Designated to Proceed as Petitions--Rules to Show Cause
(1) An original and one copy of a Petition to Open Judgment or a Non Pros Petition or other application designated by statute or rule of court to proceed as a petition shall be filed with the Prothonotary and served on all other parties.
(2) The Prothonotary shall forward the original petition to the Court Administrator's Office and shall retain the copy in the file. The petition shall be assigned to a judge for disposition by the Court Administrator's Office.
(3) The assigned judge may issue a rule to show cause pursuant to Pa.R.C.P. 206.5 Discretionary Issuance). The judge may also issue a scheduling order, which may include any discovery deadlines, briefing schedule, argument or hearing dates and a stay of proceedings as the judge deems necessary upon review of the petition.
Rule 208.2(c)--Motions--Statement of Applicable Authority
All motions shall include a brief statement of the applicable authority which supports the claim for the requested relief.
Rule 208.2(d)--Uncontested Motions--Certification
All motions shall contain a certification indicating that the moving party has disclosed the full text of the motion and the proposed order to all parties by facsimile or electronic communication, and that concurrence to both the motion and proposed order has been given or denied by each party.
Rule 208.2(e)--Discovery Motions--Certification
A party who files a motion for a protective order or a motion to compel discovery that has been objected to by the opposing party, shall certify, in the motion, that counsel has conferred or attempted to confer with all interested parties in order to resolve the dispute. The moving party shall identify the parties who have not concurred in the motion. If the motion is concurred in by all parties, the moving party shall file a stipulation, which must include the signature of all parties, together with a proposed order for consideration by the court.
Rule 208.3(a)--Motion Procedure
(1) General Procedure.
(a) Motions are defined in Pa.R.C.P. 208.1.
(b) In addition to the requirements regarding the content of a motion found in Pa.R.C.P. 208.2, all motions shall contain the following information:
(i) whether a hearing or argument is requested and the estimated length of time needed for the hearing or argument; and
(ii) whether discovery is necessary.
(c) An original and one copy of a motion shall be filed with the Prothonotary and a copy served on all other parties.
(d) The Prothonotary shall forward the original motion to the Court Administrator's Office and shall retain the copy in the file.
(e) The Civil Calendar Judge shall determine whether the motion should be ruled upon by the Motion Judge or if it should be assigned to an individual judge for disposition, which decision shall be final.
(f) If the Civil Calendar Judge determines that the motion should be assigned to an individual judge, the Court Administrator's Office shall assign the motion to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.
(g) The Court Administrator's Office shall forward the motion to either the Motion Judge or the Assigned Judge for disposition as aforesaid.
(h) The Assigned Judge or Motion Judge, as the case may be, shall review the motion and issue an appropriate order pursuant to Pa.R.C.P. 208.4.
(i) If the Assigned Judge determines that argument is advisable to be heard before a three-judge panel, the Assigned Judge and the Court Administrator's Office shall make the necessary scheduling arrangements for such panel argument.
(j) Additional rules regarding discovery motions are found in Local Rule 4019, especially those relating to a Motion for Sanctions.
(2) Emergency Motions:
(a) Motions that genuinely require an expedited disposition shall be designated as Emergency Motions by the filing party and clearly indicated as such in the title of the motion contained on the first page thereof.
