JEFFERSON COUNTY Repeal, Amendment, and Adoption of Rules of Civil Procedure; No. 15-2006 OC [36 Pa.B. 4604]
[Saturday, August 19, 2006]Order And Now, this 1st day of August 2006, it is hereby Ordered and Decreed that,
The following designated Jefferson County Rules of Civil Procedure (Jeff. Co. R.C.P.), a copy of which is attached hereto, are amended as follows, effective thirty (30) days after publication in the Pennsylvania Bulletin.
1. Existing Local Rules 210, 233, 300, 303, 1053, and 1064 are hereby rescinded.
2. Existing Local Rule 305 shall be incorporated into existing Local Rule 227.1, the text of L305 to precede that of L227.1. The new consolidated Rule shall be renamed ''Post-Trial Relief.''
3. Existing Local Rule 313 shall be incorporated into existing Local Rule 1037, the text of L313 to precede that of L1037.
4. The following Local Rules shall be renamed and/or renumbered in order to conform more closely to the Pennsylvania Rules of Civil Procedure:
(a) L220 shall become L220.1 and be renamed ''Voir Dire.''
(b) L306 shall become L440 and be renamed ''Service of Legal Papers Other Than Original Process. Notice.''
(c) L316 shall become L1037.1 and retain its existing name.
(d) L315 shall become L1037.2 and retain its existing name.
(e) L317 shall become L1037.3 and retain its existing name.
(f) L314 shall become L2059-2060 and retain its existing name.
It is further Ordered and Decreed that,
The following designated Jefferson County Rules of Civil Procedure (Jeff. Co. R.C.P.) are adopted as rules of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin.
Jeff. Co. R.C.P. 1042.50 Medical Professional Liability Actions. Motion for Mediation
(a)(1) Upon agreement that mediation would be appropriate for resolution of a case, a ''Stipulation for Mediation'' signed by all of the parties and requesting a mediation conference, shall be submitted to the Court.
(2) The Stipulation shall specify that all parties involved agree to the mediation and believe that there is a realistic possibility of settlement.
(3) The Court shall request the appointment of a senior judge to act as mediator.
(4) The parties shall obtain copies of and be bound by the terms and conditions of Jefferson County's Mediation Agreement.
Jeff. Co. R.C.P. 1920.51 Appointment of Family Law Master in Divorce and Annulment of Marriage and Ancillary Proceedings
a(1) When each divorce case or subsequent petition raising a claim for equitable distribution is filed with the Prothonotary, a $50.00 surcharge will be collected and deposited with the Prothonotary's office for Family Law Master costs. The Prothonotary shall forthwith refer the case to the Jefferson County Family Law Master. When a party files a Praecipe to request the appointment of the Family Law Master, the Praecipe must include the names and addresses of both parties and their attorneys. As soon as the parties receive the Order appointing the Master, the moving party shall deposit the sum of $300.00 with the Master. Within thirty (30) days thereafter, the Master shall schedule a pre-hearing conference with the parties and their counsel to explore the possibility of resolving the issues in dispute without further litigation.
a(2) The $300.00 deposit will be full payment for the Family Law Master's attendance at the pre-hearing conference. The Master shall have the authority at the conclusion of the conference to recommend that the non-moving party pay one-half of the $300.00, or $150.00. If a second pre-hearing conference is requested by either party, a second fee may be imposed by the Family Law Master, at his or her discretion, or the fees may be billed against the maximum payment per case.
a(3) If the case is not settled during or after the pre-hearing conference, a full hearing shall be scheduled and the Court Reporter shall be utilized unless the Master and both attorneys deem a transcript unnecessary. From the fund generated by the surcharge on each divorce case filed, the Master shall utilize up to a maximum of $1,000.00 per case to be used toward the cost of the transcript and the Master's fees at his usual billable hourly rate.
b(1) The Family Law Master has the discretion per the Pennsylvania Rules of Civil Procedure, to apportion all Master's fees and other costs between the parties and set requirements as to a deposit from the parties before conducting a hearing if there are significant marital assets and/or complex issues that will require work in excess of the $1,000.00 maximum.
b(2) If the parties are indigent, the Master has the discretion to determine that he case cannot be heard and have an Order issued at a cost less than $1,000.00. The case shall then be referred to the Judge, who shall determine whether to hear the case personally or have the Court assume any costs exceeding $1,000.00, to be paid from the fund for the Family Law Master's fees.
(c) Before setting the time and place of taking testimony, the Master shall examine the pleadings and determine the formal sufficiency and regularity of the proceedings and the question of jurisdiction. If defective in any fatal particular, the Master shall so report to the Court and at the same time notify counsel. If defective in a particular curable by amendment, the Master shall notify counsel and suspend further action for a reasonable period of time to enable the necessary correction(s) to be made. If no corrections are forthcoming, the Master shall make a report to the Court, applying for instructions as to further action on his or her part. When satisfied of the formal sufficiency and regularity of the proceedings and the existence of jurisdiction, or when directed by the Court to proceed, the Master shall appoint the time and place of taking testimony and proceed with action.
(d) Before proceeding to take testimony with respect to a contested claim for divorce and/or a question of distribution of marital property, the Master shall verify that the fees specified in subsection (b) of this Rule have been paid into the Court, unless the Master determines that the payment of said fees is not necessary before holding the hearing.
It is further Ordered and Decreed that,
The following designated Jefferson County Rule is adopted as rules of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin.
Local Rules of the Court of Common Pleas of Jefferson County Supplementing the Pennsylvania Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges Jeff. Co. P.C.P.M.D.J. 112--Availability and Tem porary Assignments of Magisterial District Judges
As is Jefferson County's current practice for criminal matters, at least one magisterial district judge shall be available at all times to handle matters requiring immediate attention in civil and possessory matters. During non-business hours, the magisterial district judge on-call shall be available to hear such matters. (See the Jefferson County Court Calendar for a schedule of district judges on-call.)
By the Court
JOHN H. FORADORA,
President Judge[Pa.B. Doc. No. 06-1602. Filed for public inspection August 18, 2006, 9:00 a.m.]
