Section 3115. Inactive Matters

(a) General rule. The prothonotary shall list for general call at the first session held after September 1 of each year all matters which appear to be inactive for an unreasonable period of time and shall give notice thereof to the parties as provided by Rule 1901(c) of the Pennsylvania Rules of Judicial Administration (prompt disposition of matters; termination of inactive cases). If no action is taken or no written objection is docketed in the 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 marking the matter ‘‘Terminated Under Pa. R.J.A. 1901.’’ If no good cause for continuing a matter is shown at the general call, an appropriate order shall be entered quashing or non prossing for want of prosecution or marking the matter ‘‘Terminated Under Pa. R.J.A. 1901.’’ Thereafter the record shall be remanded as prescribed by these rules.

(b) Proceedings in lower court. A termination under this rule terminates proceedings in the appellate court, but does not affect the status of the matter in the lower court, except that the period during which the matter was inactive in the appellate court may be considered by the lower court in making its own determination in the matter under Rule 1901 of the Pennsylvania Rules of Judicial Administration.

Official Note

Based on Pa. R.J.A. No. 1901 and former Commonwealth Court Rule 3.

The provisions of this Rule 3115 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial page (25492).