SNYDER COUNTY Adoption of Local Rules; No. MC 22-2004 [34 Pa.B. 4026] Order And Now, this 9th day of July, 2004, it is hereby Ordered:
1. That this Court's Order of June 24, 2004, is vacated.
2. That existing Local Rule 17CV1023.1 is rescinded.
3. That the Court hereby adopts the following Local Rules marked as Appendix ''A.''
4. The provisions of Paragraphs 1 and 2 of this Order shall become effective upon publication on the website of the Administrative Office of Pennsylvania Courts, pursuant to Pa.R.C.P. No. 239.8(d).
5. That the Court Administrator of the 17th Judicial District is ordered and directed to do the following:
5.1. File seven (7) certified copies of this Order and of the pertinent Local Rules with the Administrative Office of Pennsylvania Courts.
5.2. File two (2) certified copies of this Order and the pertinent Local Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
5.3. File one (1) certified copy of this Order and the pertinent Local Rules with the Civil Procedural Rules Committee.
5.4. Provide one (1) copy of this Order to each member of the Snyder County Bar Association and Union County Bar Association that maintains an active practice in Snyder and Union Counties.
5.5. Keep continuously available for public inspection copies of this Order and the pertinent Local Rules.
By the Court
HAROLD F. WOELFEL, Jr.,
President JudgeAPPENDIX A 17CV205.2(a) Physical Requirements for Pleadings and Other Legal Papers; Cover Sheets
(1) All pleadings and other legal papers shall be printed in double space on white paper that is 8 1/2 inches wide and 11 inches long, and shall be secured by appropriate metal or plastic fasteners. All exhibits shall be tabbed and labeled.
(2) All pleadings and other legal papers to be filed shall be accompanied by a cover sheet which shall include:
(i) in the upper left-hand corner the name of the filing party, the name, address, and telephone number of the attorney representing the filing party, or if the party is not represented by counsel, the address and telephone number of the filing party;
(ii) the full caption of the litigation;
(iii) the title of the pleading or other legal paper; and the name and address of the attorney of record for any party, including the name of the attorney's firm, or a designation that a party without an attorney is pro se, and the pro se party's address.
(3) The cover sheet shall be substantially in the following form:
(NAME OF FILING PARTY)
(NAME OF FILING PARTY'S ATTORNEY OF RECORD)
__________, : IN THE COURT OF COMMON PLEAS Plaintiff : OF THE 17th JUDICIAL DISTRICT : OF PENNSYLVANIA vs. : _____ COUNTY BRANCH : , : Defendant : : : : NO. (NAME OF PLEADING OR OTHER LEGAL PAPER FILED) (Name of party) (Name of other party) (Name of that party's attorney) (Name of other party's attorney) (Name of party) (Name of other party) (Name of that party's attorney) (Name of other party's attorney)
17CV206.1(a) Petitions
No applications to the court other than those listed in Pa.R.C.P. No.206.1(a) have been designated by local rule as ''Petitions.''
17CV206.4(c) Issuance of a Rule to Show Cause
(1) Upon the filing of a petition, as that term is defined in Pa.R.C.P. No. 206.1, the party filing the petition shall file a proposed rule to show cause substantially in the form provided for in Pa.R.C.P. No. 206.5(d).
(2) Upon the filing of a petition and proposed rule to show cause the Prothonotary shall forward the said petition and proposed rule to show cause to the judge's chambers for review and consideration. If the Court determines that an evidentiary hearing is necessary or if oral argument has been requested the Deputy Court Administrator shall schedule the appropriate proceeding. The rule to show cause will then be signed by the Court and returned to the Prothonotary. The party filing the petition shall be responsible for service in accordance with the Pennsylvania Rules of Civil Procedure.
17CV208.2(c) Motions--Statement of Applicable Authority
Any party filing a motion shall include a brief statement of the applicable authority empowering the court to grant the relief requested.
17CV208.2(d) Motions--Certification
A motion shall, if appropriate, include a certification signed by counsel for the moving party or by a pro se moving party that the relief requested in the motion is uncontested. Absent such certification the Court will consider a motion to be contested by one or more of the parties to the litigation.
17CV208.2(e) Discovery Motions--Certification
All motions relating to discovery shall include a certification signed by counsel for the moving party or by a pro se moving party that they have conferred or attempted to confer with all interested parties in order to resolve the matter without court action and that counsel or the pro se party has been unsuccessful in resolving the matter without court action.
17CV208.3(a) Motions--Filing Procedure
In the event that a party files a motion that is not uncontested the motion shall be submitted accompanied by an order substantially in the form provided for in Pa.R.C.P. No. 208.4(b)(2). The original and a sufficient number of copies for all parties to the proceeding shall be filed with the Prothonotary. Upon the filing of a motion and proposed order the Prothonotary shall transmit the original of the motion and proposed order to the judge's chambers for review and consideration. If the Court determines that an evidentiary hearing is necessary or if oral argument has been requested the Deputy Court Administrator shall schedule the appropriate proceeding. Upon the Judge signing the order the original of the motion and order shall be returned to the Prothonotary. The party filing the motion shall be responsible for service of the motion and order in accordance with the Pennsylvania Rules of Civil Procedure.
17CV208.3(b) Motions--Responding Parties
When a motion is filed that has not been certified as uncontested any party opposing the relief requested in the said motion shall file a response to the motion and a short statement citing appropriate authority in support of opposition to the said motion within twenty (20) days after service of the motion. Absent the filing of a response and brief in opposition to the motion the Court will consider the motion to be uncontested by any non-responding party.
17CV1028(c) Preliminary Objections
(1) All preliminary objections shall be accompanied by a brief in support of the preliminary objections. All briefs shall be filed in duplicate. Upon the filing of preliminary objections and a supportive brief a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary;
(2) The party filing the preliminary objections shall file an affidavit of service within five (5) days of the service of the preliminary objections;
(3) Absent the filing of an amended pleading, the party whose pleading is the subject of the preliminary objections shall file a brief in opposition to the preliminary objection within twenty (20) days of service of the preliminary objection. All briefs shall be filed in duplicate. Upon the filing of brief in opposition to the preliminary objections a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary. Absent the filing timely of the said brief the Court will consider the preliminary objections to be unopposed by the non-responding party;
(4) If a party wishes to have an evidentiary hearing or oral argument that party, at the time of the filing of their preliminary objections or their answer or responsive brief, shall submit a scheduling order substantially in the following form:
CAPTION SCHEDULING ORDER AND NOW, this ____ day of ______ , 20 ____ , the (objecting) (answering) party having requested (oral argument) (and) (evidentiary hearing) on the preliminary objection and any answer thereto, it is hereby ORDERED that (hearing) (and) (argument) shall be held on the ____ day of ______ , 20 ____ , ____ o'clock ____ .m. in the Courtroom of the ______ County Courthouse, ______ , ______ County, Pennsylvania. ______ ( _____ ) minutes have been allocated for the purposes of the said (hearing) (and) (argument).
In the event that a party against whom the preliminary objections has been filed fails to filed timely an answer and/or responsive brief to the said preliminary objections this Order will be deemed to have been vacated without further Order of the Court and no hearing and/or argument shall be held on the date scheduled herein.
BY THE COURT:
______(5) A request for oral argument or a hearing shall be accompanied by a list of dates when counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party or parties, and any pro se opposing party are available for argument and/or hearing. The list shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of the request. Failure to provide the said list shall cause the court to decline to consider the request.
(6) Failure to request oral argument in accordance with this rule shall constitute a waiver of oral argument. Argument by the objecting and any answering parties shall be limited to a total of fifteen (15) minutes unless, at the time of the filing of the proposed preliminary objection or responsive brief, the party requesting argument certifies to the court that additional time is necessary. Any party requesting a hearing shall be responsible for completing the proposed order with a good faith estimate as to the amount of time that party believes will be necessary for a complete hearing and argument on the pending preliminary objections;
(7) Upon the entry of an order scheduling hearing and/or argument it shall be the responsibility of the party requesting hearing and/or argument to serve the order on all other parties.
17CV1034(a) Motions for Judgment on the Pleadings
(1) A motion for judgment on the pleadings filed pursuant to Pa.R.C.P. No. 1034 shall be accompanied by a brief. All briefs shall be filed in duplicate. Upon the filing of a motion for judgment on the pleadings and a supportive brief a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary.
(2) Within five (5) days after service of the motion and brief upon the other parties the party filing the motion shall file a certificate of service.
(3) All parties opposing the said motion shall file a response and a brief in support of their response within twenty (20) days of the service of the motion. All briefs shall be filed in duplicate. Upon the filing of a brief in support of the response a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary.
(4) Absent the filing timely of a response and brief in support of the response the Court will consider the motion to be unopposed.
(5) Any party seeking oral argument shall, at the time of the filing of their motion or response, file an original and a sufficient number of copies of a scheduling order substantially in the form provided for in 17CV1028(c)(4).
(6) A request for oral argument or a hearing shall be accompanied by a list of dates when counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party or parties, and any pro se opposing party are available for argument and/or hearing. The list shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of the request. Failure to provide the said list shall cause the court to decline to consider the request.
(7) Failure to request oral argument in accordance with this rule shall constitute a waiver of oral argument. Upon the receipt of a proposed scheduling order the Prothonotary shall transmit the original of that order to the Deputy Court Administrator. Argument on the said Motion and any response thereto shall be limited to a total of fifteen (15) minutes, unless, at the time of the filing of the proposed scheduling order the party requesting argument certifies that additional time is necessary. If additional time is necessary the party submitting the proposed scheduling order shall make a good faith estimate as to the total amount of time needed for argument by all parties. The party requesting oral argument shall be responsible for serving a true and correct copy of the scheduling order on all of the parties.
17CV1035.2(a) Motions for Summary Judgment
(1) A party filing a motion for summary judgment, shall, at the time of the filing of the said motion, file a brief in support thereof. All briefs shall be filed in duplicate. Upon the filing of a motion for summary judgment and a supportive brief a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary.
(2) Within five (5) days after service of the motion and brief upon the other parties the party filing the motion shall file a certificate of service.
(3) A party filing a response pursuant to Pa.R.C.P. No. 1035.3(a) shall file a brief in support of their response contemporaneously with the filing of that response. All briefs shall be filed in duplicate. Upon the filing of a brief in support of the response a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary.
(4) Absent the filing timely of a response and brief in support of the response the court will consider the motion to be unopposed.
(5) Any party seeking oral argument shall, at the time of the filing of their motion or response, file an original and a sufficient number of copies of a scheduling order substantially in the form provided for in 17CV1028(c)(4).
(6) A request for oral argument or a hearing shall be accompanied by a list of dates when counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party or parties, and any pro se opposing party are available for argument and/or hearing. The list shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of the request. Failure to provide the said list shall cause the court to decline to consider the request.
(7) Failure to request oral argument in accordance with this rule shall constitute a waiver of oral argument. Upon the receipt of a proposed scheduling order the Prothonotary shall transmit the original of that order to the Deputy Court Administrator. Oral argument shall be limited to a total of one-half (1/2) hour unless a party at the time of the filing of their proposed scheduling order certifies that additional time will be necessary. That party will be responsible for making a good faith estimate as to the total amount of time the parties will need for argument. The party requesting oral argument shall be responsible for serving a true and correct copy of the scheduling order on all of the parties.
[Pa.B. Doc. No. 04-1393. Filed for public inspection July 30, 2004, 9:00 a.m.]
