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PA Bulletin, Doc. No. 03-1169



Rule of Judicial Administration 1901; No. 783 of 2003

[33 Pa.B. 2858]


   And Now, this 8th day of April, 2003, it is hereby ordered pursuant to Rule 103 of the Pennsylvania Rules of Judicial Administration, Fayette County Rule of Judicial Administration 1901 be adopted, effective August 31, 2003, as follows.

   The Prothonotary is directed to file ten certified copies of the Order and Local Rule with the Administrative Office of Pennsylvania Courts.

   This rule shall not be valid for any purpose until filed in the Administrative Office of Pennsylvania Courts.

By the Court

President Judge

Rule 1901.  Prompt Disposition of Matters; Termination of Inactive Cases

   (a)  On the first business day of February, May, August, and November of each year, the Prothonotary shall prepare a list of cases proposed to be dismissed in every pending civil matter in which no paper has been filed and no action taken for two (2) or more years prior to that date. The cases on such list shall be called at 10:00 A.M. on the third Friday before the next session of Civil Jury Trials.

   (b)  Notice of the proposed dismissal of each matter on any list prepared pursuant to paragraph (b) shall be given by the Prothonotary to counsel of record. If no action is taken and no written objection is docketed in any such matter prior to the commencement of the call of the list, the Prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute. If no good cause is shown at the call for continuing any matter remaining on the list, an order dismissing such action shall be entered by the Court forthwith.

   (c)  All notices required by this Rule shall be in writing and shall be given by the Prothonotary at least thirty (30) days before the date on which the list is to be called. Notice may be given to counsel of record in person or by ordinary mail and to a party by certified mail to the last address of record. If no such notice can be given as shown by affidavit of the Prothonotary, notice may be given by publication once in the Fayette Legal Journal and in one newspaper of general circulation in Fayette County.

[Pa.B. Doc. No. 03-1169. Filed for public inspection June 20, 2003, 9:00 a.m.]

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