Title 255--LOCAL
COURT RULESBEAVER COUNTY Local Rules of Civil Procedure; No. 10130 of 2001 [34 Pa.B. 4023] Order Local Rules L205.2(a) and (b), L206.1(a), L206.4(c), L208.2(e), L208.3(b), L210, L1028(c), L1034(a) and L1035.2(a) are adopted pursuant to Pa. R.C.P. Nos. 239.1, 239.2, 239.3, 239.4, 239.5, 239.6 and 239.7, effective thirty (30) days after publication in the Pennsylvania Bulletin. All local rules inconsistent with the foregoing local rules are suspended as of the effective date of the foregoing rules.
In accordance with Pa. R.C.P. No. 239, the Court Administrator of Beaver County shall transmit certified copies of this order and the foregoing Local Rules as follows:
A. Seven (7) certified copies with the Administrative Office of Pennsylvania Courts;
B. Two (2) certified copies and a diskette containing the rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
C. One (1) certified copy to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court;
D. One (1) copy in the office of the Prothonotary of Beaver County to be kept continuously available for public inspection and copying. In addition, one (1) copy shall be delivered to the Beaver County Law Library.
In addition, the Court Administrator of Beaver County shall cause the foregoing rules to be published on the website of the Administrative Office of Pennsylvania Courts and on the Beaver County website.
By the Court
ROBERT E. KUNSELMAN,
President JudgeRule L 205.2(a)--Requirements for Pleadings and Other Legal Papers
All pleadings and other legal papers shall be printed in double space on white paper size 8 1/2 × 11 inches and secured by an appropriate metal or plastic fastener. The use of a gummed or taped substance is not permitted. Exhibits shall be tabbed and labeled.
L 205.2(b)--Cover Sheet
All pleadings and other legal papers shall be accompanied by a cover sheet which contains the information required by Pa. R.C.P. No. 1018. In addition, the cover sheet for a complaint shall designate the parties' addresses, the number of plaintiffs and defendants, the manner in which the action was commenced, the amount in controversy and the type of case. The cover sheet for other pleadings and other legal papers shall include the name, mailing address, telephone number and facsimile number, if any, of the party or the party's attorney, and, if represented by counsel, counsel's current Supreme Court identification number.
The cover sheets shall be in the forms hereinafter set forth.
FORM OF COVER SHEET FOR COMPLAINT Court of Common Please of Beaver County
Civil Division
Civil Cover SheetFor Prothonotary Use Only (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 NAME
PLAINTIFF'S ADDRESS
DEFENDANT'S ADDRESS
TOTAL NO. OF PLAINTIFFS
TOTAL NO. OF DEFENDANTS
COMMENCEMENT OF ACTION
[ ] Complaint [ ] Notice of Appeal
[ ] Writ of Summons
[ ] Transfer From Other JurisdictionsAMOUNT IN CASE TYPE CONTROVERSY
[ ] Motor Vehicle [ ] Mortgage Foreclosure [ ] Partition [ ] $25,000 or Less [ ] Medical Malpractice [ ] Ejectment [ ] Declaratory Judgment [ ] Over $25,000 [ ] Other Professional Liability [ ] Statutory Appeals [ ] Replevin [ ] Product Liability [ ] Quiet Title [ ] Asbestos [ ] Other _____ [ ] Premises Liability [ ] Domestic Relations
[ ] Divorce
[ ] CustodyTO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: (or Pro Se Litigant)
Papers may be served at the address set forth belowNAME OF PLAINTIFF'S/PETITIONER'S/APPELLANT'S
ATTORNEY (OR PRO SE LITIGANT)
ADDRESS PHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
SIGNATURE
SUPREME COURT
IDENTIFICATION NO.
DATE
FORM OF COVER SHEET FOR OTHER PLEADINGS IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY
PENNSYLVANIA
CIVIL DIVISIONJOHN DOE, : Plaintiff, : : vs. : RICHARD ROE, : No. ____ of 2004
Defendant. : Civil Action--Law
Answer, Answer/New Matter
Counterclaim, Reply, etc.Filed on behalf of:
Names of PartiesName of Party or Counsel of Record
Individual Name Firm Name
Office Address Telephone Number
Facsimile Number
PA State ID NumberRule L 206.1(a)--Petition Definition
Where all persons affected by the request for relief have not consented thereto, the following applications for relief are included in the definition of ''Petition'' and shall be governed by Pa. R.C.P. No. 206.1 et seq.
1. An application for coordination of actions filed in different counties under Pa. R.C.P. No. 213.1.
2. An application to strike off a discontinuance.
3. An application to reinstate an action terminated by reason of inactivity which is presented pursuant to Pa. R.C.P. No. 230.2(d)(3).
4. Applications to transfer an action for convenience of parties and witnesses or to secure a fair and impartial trial.
5. Applications for sanctions under Pa. R.C.P. No. 1023.2 or 1042.7.
6. Applications to intervene.
7. Applications for attorney fees under 42 Pa.C.S.A. § 2503.
Rule L 206.4(c)--Procedures for Issuance of a Rule to Show Cause
(a) Upon petition, the issuance of a rule to show cause shall be discretionary pursuant to Pa. R.C.P. No. 206.5.
(b) Whether or not the petition has been filed, it shall be presented to the court by counsel for the petitioner at the time prescribed for the receipt of motions by the court.
Note. The prescribed time to receive motions appears on the Beaver County Website: www.co.beaver.pa.us. Links are available to the court and then to motions court.
(c) The Petition must be accompanied by an order in the form set forth in Pa. R.C.P. No. 206.5(d). If appropriate to do so, the court will issue the rule, set a time to respond thereto, set a deadline to complete depositions or other appropriate discovery and schedule argument.
(d) After the court issues the rule, counsel for the Petitioner must deliver the petition and rule to the Prothonotary for filing, serve it upon all other parties or their counsel, deliver a copy of the order to the Court Administrator and file proof of service.
(e) Any exhibits attached thereto must be tabbed and identified.
Rule L 208.2(e)--Discovery Motions
No motion relating to discovery will be entertained by the court unless counsel for the parties involved shall have first conferred and attempted to resolve the issues. All such motions shall be accompanied by a written certification of counsel for the moving party. The certification shall state the date and manner of the conference with respect to each matter in dispute and that counsel was unable to resolve the issues.
In the event counsel has not conferred, counsel for the moving party shall certify the reason or reasons therefore.
Rule L 208.3(b)--Procedure Governing Motions
(a) All motions, as defined in Pa. R.C.P. No. 208.1, whether or not they have been filed, shall be presented to the court by counsel for movant at the time prescribed for the receipt of motions by the court.
Note. The prescribed time to receive motions appears on the Beaver County Website: www.co.beaver.pa.us. Links are available to the court and then to motions court.
Note. LR 206 B requires at least three business days notice of intention to present the motion and requires the manner of notice to be disclosed therein and a copy of the notice to be attached. Such notice is not required if all parties affected by the requested relief have consented thereto.
Note. On occasion, counsel will have filed the motion by mail and then present a photo copy of the motion to the court. Such a practice is condemned. It is generally not necessary to file the motion in advance. However, if counsel has already filed the motion, counsel must secure it from the Prothonotary and present it to the court.
(b) Any exhibits attached thereto must be tabbed and identified.
(c) After the court enters the order, counsel for movant must deliver the original motion and order to the Prothonotary for filing, serve a copy upon all other parties or their counsel, deliver a copy of the order to the Court Administrator if the order schedules future court action and file proof of service.
Rule L 210--Form of Briefs
In addition to the requirements of Pa. R.C.P. No. 210, briefs shall comply with the following requirements:
A. Except for quotations, briefs shall be double spaced on white paper size 8 1/2 × 11 inches.
B. Briefs shall contain:
1. a procedural history of the case;
2. a statement or counter-statement of facts;
3. a statement of the questions involved;
4. legible copies of any documents which are attached thereto;
5. an argument with citations to the authority relied upon. Opinions of the Appellate Courts of Pennsylvania shall be cited to the official reports of the Pennsylvania Reporter as well as to Atlantic Reporter;
6. a conclusion setting forth the requested relief sought.
(C) Any exhibits attached thereto must be tabbed and identified.
Note: In cases involving post-trial motions, motions for judgment on the pleading or for summary judgment, it may be appropriate for counsel to also supply the court with a compact disc which contains counsel's brief.
Rule L 1028(c)--Procedures for Disposition of Preliminary Objections
(A) Preliminary objections shall be placed on the argument list by the Court Administrator upon the filing of a Praecipe for Argument by counsel for the objector.
(1) A Praecipe for Argument form can be secured from the Prothonotary. The original must be filed with the Prothonotary and a copy must be delivered to the Court Administrator by counsel along with a copy of the preliminary objections.
(2) Upon receipt of a copy of the Praecipe for Argument and the preliminary objection, the Court Administrator shall place the case on a list to be argued, assign the case to a judge and send notice of the date, time and place of oral argument. In appropriate cases, the court may order the matter to be decided on briefs only unless a party requests oral argument thereafter.
(3) The briefing schedule is governed by L 211 C, as amended, unless otherwise ordered by the court.
Note. Access to the Beaver County Local Rules of Civil Procedure is available online at www.co.beaver.pa.us with links to the court and then to the Law Library.
Rule L 1034(a)--Disposition of a Motion for Judgment on the Pleadings
(a) Motions for Judgment on the Pleadings shall be placed on the argument list by the Court Administrator upon the filing of a Praecipe for Argument by counsel for the movant.
(1) A Praecipe for Argument form can be secured from the Prothonotary. The original Praecipe must be filed with the Prothonotary and a copy must be delivered by counsel to the Court Administrator, along with a copy of the Motion for Judgment on the Pleadings.
(2) Upon receipt of a copy of the Praecipe for Argument and the Motion for Judgment on the Pleadings, the Court Administrator shall place the case on the list to be argued, assign the case to a judge and send notice of the date, time and place of oral argument.
(3) The briefing schedule is governed by L 211 C, as amended, unless otherwise ordered by the court.
Note. Access to the Beaver County Local Rules of Civil Procedure is available online at www.co.beaver.pa.us with links to the court and then to the Law Library.
Rule L 1035.2(a)--Disposition of Motions for Summary Judgment
(A) Motions for Summary Judgment shall be placed on the argument list by the Court Administrator upon the filing of a Praecipe for Argument by counsel for the movant.
(1) A Praecipe for Argument form can be secured from the Prothonotary. The original Praecipe must be filed with the Prothonotary and a copy must be delivered by counsel to the Court Administrator, along with a copy of the Motion for Summary Judgment.
(2) Upon receipt of a copy of the Praecipe for Argument and the Motion for Summary Judgment, the Court Administrator shall place the case on the list to be argued, assign the case to a judge and send notice of the date, time and place of oral argument.
(3) The briefing schedule is governed by L 211 C, as amended, unless otherwise ordered by the court.
Note. Access to the Beaver County Local Rules of Civil Procedure is available online at www.co.beaver.pa.us with links to the court and then to the Law Library.
[Pa.B. Doc. No. 04-1392. Filed for public inspection July 30, 2004, 9:00 a.m.]
