1575 Rescinding W212.1; adopting new rule W212.1; No. 3 of 2015

WESTMORELAND COUNTY

Rescinding W212.1; Adopting New Rule W212.1; No. 3 of 2015

[45 Pa.B. 5396]
[Saturday, August 29, 2015]

Administrative Order of Court

 And Now, this 12th day of August, 2015, It Is Hereby Ordered that Westmoreland County Rule of Civil Proce-dure W212.1, Certificate of Readiness for Trial, and the corresponding Certificate of Readiness located in the Forms Section of the Local Rules are both rescinded and new rule W212.1 is adopted. The Westmoreland Bar Association, the official publisher of Westmoreland County's local rules, shall replace the current Certificate of Readiness in the Forms Section of the local rules with the following new form, pursuant to Westmoreland Rule of Civil Procedure 212.1.

By the Court

RICHARD E. McCORMICK, Jr., 
President Judge

Rule W212.1. Certification of Readiness for Trial. Time for Completing Discovery and Filing Pre-Trial Statement.

 (a) Any party may file a certificate with the Prothonotary that the case is ready for trial. A copy of the certification found in the Forms section of these rules shall be served on the judge assigned to the case, on the Court Administrator and on all other parties or their counsel. Service shall be made at least twenty (20) days prior to the filing of the certificate.

 (b) Any party objecting to a Certificate of Readiness shall do so by filing and serving Objections within ten (10) days of service of the Certificate of Readiness. Objections shall be presented at Motions Court after four days' notice to all other parties or their counsel, and after providing a courtesy copy to the Court.

 (c) The term ''ready for trial'' means that:

 (1) The pleadings are closed;

 (2) Witnesses are presently available to appear at trial; and

 (3) Discovery is complete, except for those depositions to be taken solely for the purpose of being presented at trial, such as the depositions of expert witnesses.

 (d) Upon receipt of the certification of readiness, the judge assigned to the case shall issue an Order addressing the following matters:

 (1) When Pre-Trial Statements shall be due pursuant to Pa.R.C.P. 212.1(c)(2), which dates shall be set prior to the Pre-Trial Conference.

 (2) The date of the Pre-Trial Conference pursuant to Pa.R.C.P. 212.3.

 (3) Such other matters that may aid in the disposition of the case.

 Rescinded November 2, 2006; New Rule W212.1 adopted November 2, 2006, effective January 1, 2007. Rescinded August 12, 2015, New Rule W212.1 adopted August 12, 2015 effective November 1, 2015.

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA

CIVIL DIVISION

Certificate of Readiness for Trial

_________________
_________________	CASE NO. _________________
_________________
Plaintiff	Jury     _____
VS	Non Jury  _____
_________________
_________________	Judge _________________
_________________ Defendant
_________________ Additional Defendant

TO THE COURT ADMINISTRATOR:

 I hereby certify pursuant to Westmoreland County Rule of Civil Procedure W212.1 that the above captioned case is Ready For Trial. All pleadings are closed; all witnesses are presently available to appear at trial; and discovery is complete, except for those depositions to be taken solely for the purpose of being presented at trial, such as the depositions of expert witnesses. A COPY OF THIS CERTIFICATE MUST BE SERVED ON ALL PARTIES AT LEAST twenty (20) DAYS PRIOR TO THE FILING OF THE CERTIFICATE. Any party objecting to a Certificate of Readiness shall do so by filing and serving Objections within ten (10) days of service of the Certificate of Readiness. If there is no objection, the moving party shall file the original and serve a copy on the assigned judge and court administrator. Objections shall be presented at Motions Court after four days' notice to all other parties or their counsel, and after providing a courtesy copy to the Court.

 The Court Administrator's Office will be posting the trial list on the Court's Civil web page one month before the trial term.

_______________________________________________
Plaintiff's AttorneyAddressPhone No.

_______________________________________________
Defendant's AttorneyAddressPhone No.

_______________________________________________
Additional Defendant's AttorneyAddressPhone No.

_________________
Attorney Filing Praecipe

Check Appropriate Box:
[  ] Plaintiff's Counsel
[  ] Defendant's Counsel
[  ] Additional Defendant's Counsel

Original - Prothonotary
Copies:  Judge
      Court Administrator
      Opposing Counsel/party

[Pa.B. Doc. No. 15-1575. Filed for public inspection August 28, 2015, 9:00 a.m.]