Section 239. Local Rules

(a) For the purpose of this rule, the term ‘‘local rule’’ shhall include every rule, regulation, directive, policy, custom, usage, form or order of general application, however labeled or promulgated, which is adopted and enforced by a court of common pleas to govern civil practice and procedure.

Official Note

The caption or other words used as a label or designation shall not determine whether something is or establishes a local rule; if the definition in subdivision (a) of this rule is satisfied the matter is a local rule regardless of what it may be called. The provisions of this rule are also intended to apply to any amendments to a ‘‘local rule.’’

(b)(1) Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly.

Official Note

The policy of the Supreme Court as declared in the Order promulgating this rule is ‘‘to implement the unified judicial system under the Constitution of 1968, to facilitate the statewide practice of law under this Court’s general rules, and to promote the further policy that a general rule of civil procedure normally preempts the subject covered.’’ In accordance with the Court’s policy, it is intended that local rules should not repeat general rules or statutory provisions verbatim or substantially verbatim nor should local rules make it difficult for attorneys to practice law in several counties.

(2) Except as otherwise provided by Rule 239.8, local rules which implement general rules shall be given numbers that are keyed to the numbers of the general rules to which the local rules correspond.

(c) Except as otherwise provided by Rule 239.8, to be effective and enforceable:

(1) A local rule shall be in writing.

(2) One certified copy of the local rule shall be filed by the court promulgating the rule with the Administrative Office of Pennsylvania Courts.

(3) Two certified copies of the local rule and a computer diskette containing the text of the local rule shall be distributed by the court promulgating the rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

Official Note

The diskette must (1) be formatted in one of the following formats: MS-DOS, ASCII, Microsoft Word, or WordPerfect, (2) contain the local rule text as reflected inthe ‘‘hard copy’’ version of the rule, and (3) be labeled with court’s name and address and computer file name. See 1 Pa. Code § 13.11(b).

(4) One certified copy of the local rule shall be filed by the court promulgating the rule with the Civil Procedural Rules Committee, unless the rule relates to domestic relations matters, in which case it shall be filed with the Domestic Relations Procedural Rules Committee.

(5) The local rule shall be kept continuously available for public inspection and copying in the office of the prothonotary or clerk of court. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary or clerk shall furnish to any person a copy of any local rule.

Official Note

It is contemplated under subdivision (c)(5) that a separate consolidated set of local rules shall be maintained in the prothonotary’s or clerk’s office.

The Administrative Office of the Pennsylvania Courts maintaina a webpage containing the texts of local rules. That webpage is located at: http://www.pacourts.us/T/SpecialCourts/LocalRules.htm

(6) A local rule promulgated before the effective date of this rule shall be filed on or before that effective date with the prothonotary or clerk of court and shall be kept by the prothonotary or clerk for inspection, copying, and furnishing as provided in subdivision (c)(5).

(d) Except as otherwise provided by Rule 239.8, a local rule shall become effective not less than thirty days after the date of publication of the rule in the Pennsylvania Bulletin.

Official Note

Although under subdivision (d) a local rule shall not be effective until at least thirty days after the date of publication in the Pennsylvania Bulletin, when a situation arises that requires immediate action, the local court may act by specific orders governing particular cases in the interim before an applicable local rule becomes effective.

(e) The Civil Procedural Rules Committee may at any time recommend that the Supreme Court suspend, vacate, or require amendment of a local rule and may suspend that local rule pending action by the Court on that recommendation.

(f) No civil action or proceeding shall be dismissed for failure to comply with a local rule.

Official Note

See Rule of Judicial Administration 1952 governing the duties and authorities of the trial court in emergency actions. Rule 1952(B)(5) suspends the provisions of this rule during an emergency.

The provisions of this Rule 239 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 685; amended May 19, 1987, effective July 1, 1987, 17 Pa.B. 2137; amended December 29, 1992, effective July 1, 1993, 23 Pa.B. 248 and 701; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6421; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended June 30, 2004, effective immediately, 34 Pa.B. 3677; amended October 15, 2004, effective immediately, 34 Pa.B. 5890; amended December 15, 2010, effective immediately, 41 Pa.B. 215. Immediately preceding text appears at serial pages (347816) and (307543) to (307544).