1387 Amend rule of judicial administration 1901(a), (b) prompt disposition of matters; termination of inactive cases; S-1177-2014  

  • SCHUYLKILL COUNTY

    Amend Rule of Judicial Administration 1901(a), (b) Prompt Disposition of Matters; Termination of Inactive Cases; S-1177-2014

    [44 Pa.B. 4175]
    [Saturday, July 5, 2014]

    Order of Court

    And Now, this 17th day of June, 2014, at 3:30 p.m., Schuylkill County Rule of Judicial Administration No. 1901(a), (b) is amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.

     The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

     1) File seven (7) certified copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts.

     2) Forward two (2) certified copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

     3) Forward one (1) certified copy of this Order and Rule with the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania.

     4) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

     5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Prothonotary and the Schuylkill County Law Library.

     It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

    By the Court

    WILLIAM E. BALDWIN, 
    President Judge

    Schuylkill County Rules of Judicial Administration

    Rule 1901. Prompt Disposition of Matters; Termination of Inactive Cases.

     (a) The Prothonotary shall prepare and forward to the Court on or before the third Monday of September each year, or on such other date as the Court by special order may direct all civil matters in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa.R.J.A. No. 1901(c). If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.

     (b) The Clerk of Courts shall prepare and forward to the Court on or before the third Monday of September each year, or on such other date as the Court by special order may direct criminal proceedings in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to the district attorney, any private prosecutor and the defendant, as provided by Pa.R.J.A. No. 1901(c). If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.

     The Court may initiate proceedings to terminate the cases contained on said list pursuant to Pa.R.J.A. No 1901(c)(1), (2).

    [Pa.B. Doc. No. 14-1387. Filed for public inspection July 3, 2014, 9:00 a.m.]

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