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PA Bulletin, Doc. No. 04-1344

THE COURTS

DELAWARE COUNTY

Adoption of Local Rule 208.3(b) Alternative Procedures

[34 Pa.B. 3876]

Order

   And Now, to wit, this 28th day of June, 2004, it is hereby Ordered that Delaware County Local Rule 208.3(b) is Adopted as follows:

   

(a)  Motions filed pursuant to Rule 208.1 and 208.2 shall be processed as follows:
(1)  In cases that are not assigned to a judge,
(i)  on the 21st day after filing the Office of Judicial Support shall send the record papers to the Court Administrator for reference by the Court Administrator to the appropriate judge.
(ii)  The moving party shall promptly advise the Court Administrator in writing if a matter has been resolved or withdrawn.
(iii)  Requests for an extension of the 20-day period in which to respond to a motion must be made in writing to the Court Administrator. The request shall indicate whether or not it is opposed by all other parties. No agreement entered into by the parties to extend the 20-day period shall be honored by the court without written notice to and the consent of the Court Administrator.
(2)  In cases that are assigned to a judge,
(i)  all applications that would otherwise be the subject of a motion or petition will be processed by the assigned judge and should be directed to his or her chambers. The moving party shall contemporaneously notify all parties affected by the application.
(ii)  The form of all such applications and the time in which to respond thereto shall be determined by the judge on an ad hoc basis as circumstances and the exercise of his or her sound discretion shall warrant.
(iii)  Where the application takes the form of a formal motion or petition, the original shall be filed with the Office of Judicial Support. The face sheet shall clearly indicate that a copy of the motion or petition has contemporaneously been submitted to the assigned judge, who shall be identified on the notice.
(iv)  The original of a formal response to a motion or petition shall also be filed with the Office of Judicial Support, and a copy shall be contemporaneously submitted to the assigned judge.
(3)  Emergency Matters or Stays of Proceedings in Non-Family Matters.
(i)  Motions seeking relief in emergency situations or stay of proceedings shall first be taken to the Office of Judicial Support to be time-stamped and docketed and then immediately brought by the party seeking the emergency relief or the stay of proceedings to the Court Administrator for reference to the appropriate judge.
(ii)  After the request for emergency relief or stay of proceedings has been either granted or denied by the court, the motion shall be returned to the Office of Judicial Support for filing.
(iii)  Hearing dates, where required, shall be set by the judge to whom the matter has been referred, or, where that judge will not also be the hearing judge, by the Court Administrator.
(iv)  The moving party shall make a good faith effort to give all parties affected by the application as much advance notice as reasonably possible of the date and time he/she intends to present his/her application and shall attach to the application a certification of the good faith effort that has been made. This certification shall provide the specific details of the moving party's efforts to comply with the advance notice requirement of this section to include, but not limited to, the method(s) by which notice was sought to be given, the date(s) and time(s) when notice was sought to be given, the address(es) and/or phone number(s) and/or fax number(s) at which notice was sought to be given and the identity(ies) of the party(ies) to whom notice was sought to be given. When the court fixes a hearing date following the submission of an application under this Rule, a second certification shall be filed by the moving party providing similar specific information setting forth the efforts that have been made to give to all affected parties as much notice as possible of the date, time and place set by the court for the hearing.
(v)  Except in emergency situations, no stay of proceedings shall be granted without actual prior notice to all parties affected thereby.

By the Court

KENNETH A. CLOUSE,   
President Judge

[Pa.B. Doc. No. 04-1344. Filed for public inspection July 23, 2004, 9:00 a.m.]


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