Section 1042.51. Medical Professional Liability Actions. Motion for Pre- Trial Conference. Mediation. Report of Cases not Tried

(a)(1) Any party to a medical professional liability action may file a motion requesting the court to schedule a pre-trial conference. The motion may be filed

(i) after the parties have produced expert reports as to liability pursuant to a request under Rule 1042.26 et seq. or a scheduling order under Rule 1042.41 or

(ii) whenever the motion includes a statement that all parties have exchanged expert reports as to liability.

(2) The pre-trial conference shall be scheduled within sixty days of the filing of the motion and shall be governed by the procedure of Rule 212.3.

(b) At the pretrial conference, the court shall

(1) set a date for another pre-trial conference or for trial or furnish the parties with a tentative trial date, and

(2) inquire of the parties whether they are willing to participate in mediation.

(c) On the first day of February and the first day of September of each year, the court administrator of each court of common pleas shall file with the Administrative Office of Pennsylvania Courts a list of all medical professional liability cases that have not been tried within nine months of a pre-trial conference scheduled pursuant to this rule.

(d) This rule shall not apply where a court has set a trial date.

The provisions of this Rule 1042.51 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.