Common Pleas Local Rules
[34 Pa.B. 2289]
The following rules constitute the Lancaster County Court of Common Pleas Local Rules and will be effective on July 26, 2004. On that date, all previously issued Local Rules will be rescinded.
By the Court
MICHAEL A. GEORGELIS,
COURT OF COMMON PLEAS
Board of Judges
MICHAEL A. GEORGELIS
WAYNE G. HUMMER, JR.
MICHAEL J. PEREZOUS
LOUIS J. FARINA
LAWRENCE F. STENGEL
PAUL K. ALLISON
HENRY S. KENDERDINE, JR.
JAMES P. CULLEN
JOSEPH C. MADENSPACHER
DAVID L. ASHWORTH
JAY J. HOBERG
DAVID R. WORKMAN
Local Rules Committee
Jacques H. Geisenberger, Jr., Esq., Chair
The Honorable Michael A. Georgelis, President Judge
The Honorable Lawrence F. Stengel, Judge
The Honorable Henry S. Kenderdine, Jr., Judge
The Honorable James P. Cullen, Judge
The Honorable Leslie Gorbey, Judge
The Honorable Isaac H. Stoltzfus, District Justice
The Honorable David P. Miller, District Justice
The Honorable Robert A. Herman, Jr., District Justice
John P. Hohenadel, Esq., Sub-Committee Chair
Mark M. Dalton, District Court Administrator
Thomas N. Weaver, Esq., Deputy District Court
David H. Mueller, Director, Juvenile Probation
Neil L. Albert, Esq.
Michael W. Babic, Esq.
Josele Cleary, Esq.
Rory O. Connaughton, Esq.
Matthew J. Creme, Jr., Esq.
Kevin M. French, Esq.
Mary Ellen Glah, Esq.
Susan E. Grosh, Esq.
James J. Karl, Esq.
Howard F. Knisely, Esq.
Katherine Betz Kravitz, Esq.
J. Elvin Kraybill, Esq.
Mark E. Lovett, Esq.
Monica D. Mosley, Esq.
Susan E. Moyer, Esq.
Richard P. Nuffort, Esq.
Ronald H. Pollock, Jr., Esq.
Robert H. Reese, Jr., Esq.
David Romano, Esq.
Brad M. Rostolsky, Esq.
Merrill Spahn, Jr., Esq.
Craig W. Stedman, Esq.
Jere P. Templeton, Esq.
Christopher S. Underhill, Jr., Esq.
Michael W. Wagman, Esq.
David A. Warren, Esq.
Judith L. White, Esq.
Michael T. Winters, Esq.
The Honorable Michael A. Georgelis, President Judge, Chair
Mark M. Dalton, District Court Administrator
Eleanor Gerlott, Law Librarian
Neil L. Albert, Esq.
Michael W. Babic, Esq.
Josele Cleary, Esq.
Matthew J. Creme, Jr., Esq.
Jacques H. Geisenberger, Jr., Esq.
J. Elvin Kraybill, Esq.
Ronald H. Pollack, Esq.
Christopher S. Underhill, Jr., Esq.
For all of the sections of these Local Rules, a party is defined as a litigant in a legal proceeding and may be self-represented or represented by counsel.
RULES OF CIVIL PROCEDURE
Rule 1. Title and Citation of Rules
These rules shall be known as the Lancaster County Rules of Civil Procedure and may be cited as ''L.C.R.C.P. No. .''
Rule 10. Business Judge
A. The District Court Administrator shall designate the daily Business Judge. Motions and petitions, not otherwise covered by these Rules for presentation to the Court, shall be forwarded to the Business Judge by the Prothonotary or may be presented by counsel directly to the Business Judge by appointment.
B. Family Court motions and petitions may be presented at Family Business Court, held as indicated in the Court's calendar, or directly to the Family Business Judge, as designated in the Court's calendar, by appointment.
Rule 27. Land Use Appeals
A. Appeal Notice
A land use appeal shall contain:
1. A caption in substantially the following form:
Name of Appellant v. NO. CI-______ Name of municipality and name
of body (i.e. zoning hearing
board, governing body or
or planning commission) which
LAND USE APPEAL
2. When applicable, in separately numbered paragraphs and in the following order:
a. Name and address of the appellant.
b. Name and address of the zoning hearing board, governing body or planning commission (''local agency'') which rendered the decision.
c. Name and address of the applicant to the local agency, if the applicant is not the appellant.
d. Name and address of the owners, both real and equitable, of any real estate which was the subject of the decision and identification of the real estate.
e. The chronology of the matter, including the following as applicable:
i. Date of filing application or appeal with zoning officer or other official.
ii. Date of action of the zoning officer or other official.
iii. Date of appeal from action of zoning officer or other official to local agency or date of filing application with local agency.
iv. Dates of all hearings or meetings of the local agency.
v. Date of written decision or, if applicable, date of deemed decision from which the appeal has been taken.
vi. Date written decision served.
f. The purpose for which the application was made.
g. The basis for appellant's standing to file the appeal.
h. All specific legal and factual grounds for the appeal.
i. Specific request for relief.
3. If a court reporter was present and if a transcript is not already in existence, appellant's certification that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the local agency filing the return of the record. If appellant does not include a certification that appellant has ordered the transcript, any other party may file a petition requesting the Court dismiss the appeal.
1. A notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P. S. § 11004-A, shall contain:
a. The caption and number of the appeal.
b. Name and address of intervenor.
c. Nature of the interest of intervenor in the appeal.
d. Legal and factual circumstances under which intervenor claims a right to intervene.
e. Summary of intervenor's position and grounds therefor.
2. Pa. R.C.P. Nos. 2326-2350 shall govern all other intervention.
1. The local agency shall submit its entire record within twenty days after receipt of the writ of certiorari or receipt of the transcript(s), whichever is later, including but not limited to:
a. All original papers filed in chronological order, commencing with the application.
b. Minutes of meetings of the local agency at which the application was considered.
c. The transcript of all hearings. The local agency shall not submit its record to the Prothonotary until appellant has provided the transcript of all hearings if the transcript is not in existence and available to the local agency prior to appellant's filing the appeal.
d. The complete ordinance under which the local agency rendered its decision, including maps.
e. The findings of fact and conclusions of law of the local agency, if any, and its written decision.
f. Names and addresses of all persons the local agency recognized as parties to the proceedings.
2. The chairperson or presiding officer shall certify the submission of the record.
3. The Prothonotary shall give notice of the return of the local agency's record to appellant who shall, within four days after receipt of the notice, notify the local agency, the applicant before the local agency (if appellant was not the applicant), the legal and equitable owner of the land which was the subject of the application and all other persons recognized as parties to the local agency's proceedings. Appellant shall file proof of service.
1. Within ten days after the Prothonotary gives notice of the filing of the complete return of the record, any party who believes the appeal is not ready for disposition may file a motion for a conference and a praecipe requesting that the appeal be assigned to a judge. The motion for a conference shall state why the party believes that the appeal is not ready for disposition and shall identify all actions that the party requests. At the conference, the Court may, inter alia:
a. Require or approve supplementation of the record.
b. Fix a time for a de novo hearing before the Court.
c. Employ expert(s) to aid the Court to frame an appropriate order.
d. Refer the appeal to a referee to receive additional evidence, with directions as to time deadlines and other matters the Court deems appropriate.
e. If allowed by law, remand the appeal to the local agency with directions as to time deadlines and other matters, including mediation.
2. After the conference, the Court shall issue an appropriate order addressing the filing of briefs.
3. If no party has filed a request for a conference, the appellant shall file a brief within forty days after the date the Prothonotary gives notice of the filing of the local agency's complete record. The appellant shall limit the brief to the issues appellant raised in the land use appeal. Each other party shall file a responsive brief within thirty days after service of appellant's brief. The appellant may file a reply brief within ten days after service of the responsive brief. Any party may thereafter file and serve a praecipe stating that the appeal is ready for disposition and requesting the Prothonotary to assign it to a judge.
4. If appellant fails to file a brief within the time period established by Paragraph D.3 above or by the Court after a conference, any party may file and serve a praecipe stating that the appeal is ready for disposition together with a brief or may petition the Court for dismissal of the appeal. If a party files a praecipe requesting disposition due to the failure of the appellant to file a brief, the Court shall render a decision, without oral argument, on the record before it.
5. Any party may request oral argument when filing its brief. The Court shall hear oral argument at its discretion.
6. An appeal from a decision the local agency renders after a remand shall be filed and docketed to the original caption and number. The party filing such appeal shall be limited to issues arising from the remand. All other requirements of this Rule shall apply to an appeal from a decision after remand.
Rule 28. Tax Assessment Appeals
Appeals from orders of the Lancaster County Board of Assessment Appeals (Board) shall be by petition and shall contain:
1. A caption in substantially the following form:
In Re: Appeal of ) (NAME OF APPELLANT) from the Lancaster County Board of ) Assessment Appeals ) Tax Account No. ______ ) No. ______ . Municipality ) Assessment for the year ____ ) Property of ______ )
2. Name and address of appellant.
3. Date of filing appeal to Board and amount of assessment originally fixed by the Board.
4. Date of final decision of Board amount of assessment finally fixed by the Board.
5. Reason for appeal.
Within ten days after filing the petition, the appellant shall, by certified mail, serve copies of the petition on the Board, the County solicitor, the municipality in which the tax parcel is located, the school district in which the tax parcel is located and the property owner. Within twenty days thereafter, the appellant shall file a proof of service.
Any person or political subdivision required to be served under paragraph B may intervene as a matter of right by filing within forty days after receipt of the petition, a notice of intervention either as an appellant or appellee. After the forty day period, intervention shall be governed by Pa. R.C.P. Nos. 2326 through 2350.
D. Further Proceedings
Thereafter, the appeal shall proceed pursuant to Local Rule Nos. 208.3(a) and (b) or 212.2A.
Rule 29. Local Agency and Administrative Agency Appeals other than Land Use Appeals
A. Appeals Governed by Rule
This Rule shall apply to all appeals allowed from adjudications under the Local Agency Law, 2 Pa.C.S.A. § 501 et. seq., or the Administrative Agency Law, 2 Pa.C.S.A. § 101 et. seq., and appeals which may be taken to the Court under the Judicial Code, 42 Pa.C.S.A. § 933, other than appeals filed under Article X-A of the Pennsylvania Municipalities Planning Code, 53 P. S. § 11001-A.
B. Notice of Appeal
The notice of appeal shall contain all information required by the statute which authorizes filing of the appeal. The notice of appeal shall also contain:
1. A caption in substantially the following form:
Name of Appellant v. NO. CI-______ Name of local or administrative
agency which rendered decision
2. All relevant information required in Local Rule 27A.2.
3. If a court reporter was present and if a transcript is not already in existence, appellant's certification that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment if a transcript is not already in existence. Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the agency filing the return of the record.
Pa. R.C.P. Nos. 2326-2350 shall govern all intervention.
The agency shall submit its entire record within twenty days after receipt of the writ of certiorari in accordance with the procedure in Local Rule 27C. The Prothonotary shall give notice of the return of the agency's record to appellant who shall, within four days after receipt of the notice, notify the agency, the applicant before the agency (if appellant was not the applicant) and all other parties to the local agency's proceedings. Appellant shall file of proof of service.
Disposition of the appeal shall be in accordance with the procedure in Local Rule 27D.
Rule 36. Assigned Judge
The assigned judge shall be the judge who:
A. Has been assigned a petition pursuant to Local Rule 206.4(c)B.5, a preliminary objection pursuant to Local Rule 1028(c) or a motion pursuant to Local Rules 1034(a) or 1035.2(a).
B. Conducts a hearing prior to trial.
C. Has been assigned a case pursuant to Local Rules 212.2A or 212.2B.
Rule 205.2(a). Physical Characteristics of Legal Papers
Legal papers submitted to the Prothonotary shall comply with the following requirements:
A. The first page shall set forth:
1. The case caption.
2. The case number.
3. The name of the assigned judge, if applicable.
4. The name, identification number, address and telephone number of the attorney and law firm or pro se party submitting the legal papers.
5. In medical malpractice actions, ''Code 96'' shall appear beneath the case number.
B. No manuscript cover or manuscript backing such as a blue back or firm identification strip shall be attached to any legal papers.
C. Legal papers shall be stapled once in the upper left hand corner. No tape or other material shall cover the staple.
D. All originals shall be marked ''ORIGINAL.'' Copies shall be marked ''COPY.''
E. Each page shall be numbered at the bottom center of the page. The case number shall appear, in twelve point font or larger, in the upper right hand corner of each page.
F. Tabs shall be placed at the bottom of all exhibits and appendices.
G. The name of each person signing a legal paper shall be typed beneath the person's signature.
H. Briefs and memoranda shall be filed separately and not appended to other documents.
I. Verifications shall be dated.
Rule 205.2(b). Cover Sheet
A. The initial legal paper filed shall be accompanied by a civil cover sheet in the form provided by the Prothonotary.
B. A request for argument, hearing or arbitration shall be accompanied by a scheduling cover sheet in the form provided by the District Court Administrator.
C. Civil cover sheets and scheduling cover sheets may also be obtained at www.co.lancaster.pa.us/courts.
Rule 205.4. Electronic Filing and Service of Legal Papers
A. ''Legal paper'' includes a writ of summons or a complaint that is original process naming an original defendant or an additional defendant. It excludes any pleading or other paper filed in any action subject to Pa.R.C.P. Nos. 1910.1 through 1910.50, governing support actions.
B. A party may file a legal paper with the Prothonotary by means of electronic filing at the following Internet address:
C. A filing party shall pay the costs of the electronic filing of a legal paper to the agent designated by the Prothonotary.
D. Any document filed electronically by 11:59 p.m. ET shall be deemed filed with the Court once the transmission is successfully completed (authorized date and time) as recorded on the LexisNexis File & Serve System.
E. The Prothonotary or the Prothonotary's designated agent shall promptly provide a filing status message to the filing party setting forth the date and time of acceptance of the filing. If the filing party does not receive a filing status message within one hour, the legal paper is not considered filed, and the filing party shall contact the Prothonotary.
F. If an electronic filing is not filed with the Prothonotary or is not served because of (1) an error in the transmission of the document to LexisNexis, which error was unknown to the sending party, or (2) a failure to process the electronic filing when received by LexisNexis, or (3) rejection by the Prothonotary or (4) other technical problems experienced by the filer, the Court shall, upon cause shown, enter an order permitting the document to be filed nunc pro tunc to the date and time it was attempted to be filed electronically. In the case of service, the party shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.
Rule 206.1(a). Petition. Definition. Stipulation
A. Petition Defined.
A petition is a request which seeks relief ancillary to a given cause of action and which avers facts not of record. Petitions include, but are not limited to:
1. Petitions to open or strike judgment.
2. Petitions to transfer venue.
3. Preliminary objections filed pursuant to Pa.R.C.P. No. 1028(a)(1), (5) or (6).
4. Petitions which seek the issuance of a rule to serve the interests of justice.
B. Stipulated Matters.
If the parties agree to the relief sought, the petition shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties and a proposed order.
Rule 206.4(c). Petition. Rule to Show Cause
A. The procedure of Pa.R.C.P. No. 206.6 is adopted, and a rule shall issue as a matter of course pursuant to that Rule.
B. The petitioner shall attach to the petition a proposed order substantially in the following form:
Upon consideration of the attached petition, it is hereby ordered that:
1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested.
2. The respondent shall file an answer to the petition within twenty days of service.
3. The petition shall be decided under Pa.R.C.P. No. 206.7.
4. Discovery shall be completed within forty-five days of service of the answer.
5. The petitioner shall file a brief in support of the petition within twenty days after the discovery deadline. Any party opposing the petition shall file a responsive brief within ten days of service of the petitioner's brief. The petitioner may file a reply brief within five business days of service of a responsive brief. After all briefs have been filed, any party may file a praecipe for assignment to a judge.
6. The parties may agree to amend the above deadlines in writing.
7. The petitioner shall provide notice of the entry of this Order to all parties.
BY THE COURT:
C. When the petitioner requests a hearing or argument date, the form of the order may be modified accordingly.
D. When the petitioner requests a stay, the form of the order may be modified accordingly.
E. All petitions, except as provided in F, shall be filed with the Prothonotary. The Prothonotary shall forward such petitions to the Business Judge for entry of the Order.
F. A petition which requests a stay, the filing of an answer in fewer than twenty days or other substantive relief shall be presented in person to the Business Judge. For such petitions, the Court shall not issue the rule to show cause unless:
1. It appears from the petition that reasonable notice has been given to all affected parties of the date, time and place of the presentation; or
2. It appears from the petition that there is an agreement of all affected parties; or
3. The Court in its discretion shall determine that there are extraordinary circumstances justifying immediate relief.
Rule 206.7. Procedure After Issuance of Rule to Show Cause
If an answer is not filed, the petitioner shall submit a proposed order and file a praecipe to assign the petition for disposition.
Rule 208.1. Motion. Definition. Scope
A. Motions for judgment on the pleadings shall be governed by Local Rule 1034(a).
B. Motions for summary judgment shall be governed by Local Rule 1035.2(a).
C. Motions in limine shall be governed by the Court's certification order after a pre-trial conference.
D. Discovery motions shall be governed by Local Rule 208.3(c).
E. Emergency motions shall be governed by Local Rule 208.3(a)(3).
F. If the parties agree to the relief sought, a motion shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a proposed order and a praecipe to assign the stipulated matter for disposition.
Rule 208.2(c). Motion. Form. Content
Motions shall identify the applicable procedural rule, statute or other authority.
Rule 208.2(e). Motion. Form. Content
Every motion relating to discovery shall contain a certification that the parties, after reasonable effort, are unable to resolve the dispute.
Rule 208.3(a). Alternative Procedures
A. Praecipe for Assignment. Any party may file a praecipe to assign a motion for disposition at the expiration of the briefing schedule set forth in Local Rule 208.3(b). The Prothonotary shall assign the matter to a judge for disposition and shall deliver the file to the assigned judge.
B. Oral Argument. Any party may request oral argument by filing a praecipe. Oral argument shall be held at such time and place as the judge shall direct.
C. Emergency Motions. Emergency motions must be presented to the Business Judge, who will advise the parties how to proceed.
Rule 208.3(b). Alternative Procedures
A. Motion and Brief. The moving party shall file a motion, proposed order and supporting brief concurrently. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon praecipe of an opposing party.
B. Responsive Brief. Within twenty days after service of the moving party's motion and brief, any party opposing the motion shall file a responsive brief, together with any opposing affidavits, depositions, transcripts or other documents. Any party who fails to file a responsive brief shall be deemed not to oppose the motion.
C. Reply Brief. The moving party may file a brief in reply to the responsive brief within five business days after service of a responsive brief.
Rule 208.3(c). Discovery Motions Court
A. Purpose of Rule. It is the intention of this Rule that discovery motion practice be expedited and that discovery motions and responses be concise.
B. Discovery Motions Judge. Every discovery motion shall be presented to the Discovery Motions Judge. Discovery Motions Court shall be held at 1:30 p.m. on Friday afternoons as scheduled by the Discovery Motions Judge. The District Court Administrator shall publish notice of the location, dates and times of Discovery Motions Court in the weekly courtroom schedule.
C. Contents of Motion. Every discovery motion shall contain the following:
1. A concise statement describing the nature of the case.
2. A concise statement of the status of any discovery procedure involved.
3. A copy of the discovery request and response, if any, in dispute.
4. A statement of the relief requested and a citation to the statute, procedural rule or other authority for the relief requested.
5. A statement identifying all other parties and their counsel, with mailing addresses, telephone numbers and fax numbers.
6. If necessary, a request for the suspension of discovery until the dispute is resolved.
7. A certification that the parties, after reasonable effort, are unable to resolve the dispute.
8. A proposed rule or order.
D. Notice and Service.
1. A copy of the discovery motion, along with notice of when it will be presented, shall be served upon all parties no later than 5:00 p.m. on the Tuesday preceding the scheduled court date. Discovery motions shall not be filed or presented to the Court in any fashion other than to the Discovery Motions Judge. The moving party shall present an original and one copy of the motion to the Court.
2. If service of the motion is made by first class mail, the mailing must be postmarked no later than Friday preceding the scheduled court date. In the event of a Monday holiday, service, if sent by mail, shall be postmarked by the preceding Thursday. Hand delivery of the motion may be made until 5:00 p.m. on the Tuesday preceding the scheduled court date. The parties may serve discovery motions by facsimile, provided that receipt of the fax by all other parties is confirmed by the serving party. The serving party shall attach proof of service to the discovery motion. Failure to serve the motion and notice shall be grounds for dismissal.
E. Briefs. Briefs are not permitted unless directed by the Court.
F. Responses. Any party may submit a response to the discovery motion. The response shall not exceed five pages. The response shall be presented to the Court and served on all parties or their counsel on the scheduled court date. Affidavits, discovery responses, references to depositions, transcripts or other documents responsive to the discovery motion shall not be included in the response but may be referenced during oral argument.
G. Scheduling. Arguments on discovery motions shall be scheduled at ten minute intervals. Counsel seeking to list a motion for argument shall contact the Discovery Motions Judge no later than 5:00 p.m. on the Tuesday immediately preceding the requested court date. The assignment of all discovery motions to an argument date and time will be made by the Discovery Motions Judge. A list of cases scheduled for argument will be sent via facsimile by the Discovery Motions Judge by the close of business on the Wednesday preceding the scheduled argument date to all parties or their counsel.
Rule 210. Form of Briefs
A. Briefs shall contain complete and accurate citations of all authorities.
B. The brief of the moving party shall contain: all relevant facts; a procedural history; the questions involved; the argument; and a conclusion.
C. The brief of the opposition need contain only an argument and a conclusion. If a counter statement of the case or the questions involved is not filed, the statement of the moving party shall be deemed adopted.
D. Briefs shall be submitted on 8 1/2 x 11 inch paper and shall be double-spaced.
E. Any brief more than fifteen pages shall contain a table of contents and a table of citations.
F. A party shall file a brief with the Prothonotary and shall serve copies pursuant to Pa. R.C.P. No. 440 and Local Rule 440.1.
Rule 212.2A. Pre-trial Conference. Status Report. Memorandum
A. Request for Pre-trial Conference
When an action is at issue, any party who has substantially completed discovery and who desires to proceed to trial shall file with the Prothonotary (1) a praecipe requesting a pre-trial conference; (2) a Status Report; and (3) proof of service. Within ten business days of being served with a praecipe requesting a pre-trial conference and Status Report, each party may file a Status Report. Any party who fails to file a Status Report shall be deemed ready for trial and no further discovery will be permitted by such party.
A Status Report shall include:
1. A short paragraph summarizing the facts.
2. A short paragraph summarizing the claims or defenses.
3. The status of remaining discovery and the time required for completion.
4. Any reason a pre-trial conference should not be held.
5. The complete identification of any cases which should be tried with the case for which pre-trial conference is being requested.
B. Arbitration Appeals
Following an appeal from a compulsory arbitration award, the parties shall proceed in accordance with Section A.
C. Assignment to Judge
Within twenty days of the receipt of a Request For Pre-trial Conference, the Prothonotary shall assign the matter to the trial judge and deliver the file to that judge who shall schedule a pre-trial conference. If the case has previously been assigned to a judge, the Prothonotary shall deliver the file to that judge. Whenever a case has previously been assigned to a judge, the party or attorney who requested the pre-trial conference shall identify the assigned judge on the praecipe. The assigned judge may, upon a review of the Status Reports, refuse to schedule a pre-trial conference. If the requesting party has not substantially completed discovery, the assigned judge shall enter an appropriate order.
D. Trial Counsel
Counsel, who is to conduct the trial, must appear with authority to bind the client.
The assigned judge shall conduct settlement discussions. Clients or their authorized representatives must be available by phone during the pre-trial conference.
Counsel shall file a pre-trial conference memorandum, furnish a copy to the assigned judge and serve it on all parties at least one week before the conference.
The pre-trial conference memorandum shall include:
1. A concise statement of the claim or defense on liability and damages.
2. A list of the types and amounts of all damages
3. A list of the legal issues.
4. A list of witnesses on liability and damages with the address of each and a concise statement of their proposed testimony.
5. A list of exhibits on liability and damages.
6. A copy of the report, or answer to interrogatory consistent with Pa.R.C.P. No. 4003.5, containing the opinion and the basis for the opinion of any person who may be called as an expert witness.
7. A list of all deposition transcripts to be used in lieu of testimony and a statement of all objections.
8. A statement of all stipulations sought.
9. A statement of special requests such as for a view, witness needs or courtroom needs.
10. A list of all questions which counsel expects to ask in voir dire which are beyond the areas of inquiry set forth in Pa.R.C.P. No. 220.1.
G. Supplemental Pre-trial Conference Memoranda
At trial, each party will be limited to those witnesses, exhibits and documents set forth in that party's pre-trial conference memorandum unless a supplemental pre-trial conference memorandum is filed and served with a copy furnished to the assigned judge. Unless an objection is filed within ten business days, the changes will be deemed unopposed.
At the conclusion of the pre-trial conference, the assigned judge shall issue an order certifying the case as ready for trial, placing it on a trial list and establishing deadlines.
Rule 212.2B. Special Management Cases
A. Any party may file a praecipe for special management status with a proposed order. The praecipe shall be filed at any time up to thirty days after the close of the pleadings and shall state the reasons for the request. Objections to any such request shall be filed within seven days of service of the praecipe.
B. Criteria for special management may include any of the following:
1. Large number of parties.
2. Large number of claims or defenses.
3. Complex factual or legal issues.
4. Large volume of evidence.
5. Problems locating or preserving evidence.
6. Extensive discovery.
7. Exceptionally long time needed to prepare for disposition.
8. Decision needed within an exceptionally short time.
9. Need to decide preliminary issues before final disposition.
C. Special management designation shall be at the discretion of the Court. Cases granted special management status shall be assigned to an individual judge. Notice of the decision shall be served pursuant to Local Rule 236.
D. Parties shall identify the assigned judge on all documents by including in the caption, under the civil action number, the words ''SPECIAL MANAGEMENT: ASSIGNED TO JUDGE ______ .''
E. At any time after the Court's approval of special management status, any party may file a praecipe entitled request for status conference, with a certificate of service identifying all parties.
F. The status conference shall address the following:
1. All discovery issues.
2. Identification of experts and the furnishing of their reports.
3. Pre-trial motions.
4. Settlement conference, mediation or summary jury trial.
5. Final pretrial conference.
6. Tentative trial date.
G. The parties shall confer, by telephone or in person, and shall address each of the matters listed in Paragraph F. Plaintiff shall file and serve, not later than two business days before the status conference, a joint memorandum for status conference. The memorandum shall contain a brief, non-argumentative statement of the nature of the case, a summary of the positions of the parties on the items in Paragraph F.
Rule 225.1. Opening and Closing Statements
Opening statements shall be limited to a statement of the party's case. Plaintiff shall open first and close last.
Rule 226. Points for Charge
A. Points for charge shall be submitted to the trial judge as directed by the certification order.
B. All points taken from the Pennsylvania Suggested Standard Jury Instructions shall be listed on one page and cited as ''Pa. SSJI (Civ) __ .''
C. All other points shall be one to a page, citing the authority and exact page number in support.
Rule 227.1. Post Trial Relief
The party filing a post-trial motion shall serve a copy of the motion on the trial judge on the same day the motion is filed. That party shall also deliver to the trial judge the original and necessary copies of a proposed order for the transcription of the record. The trial judge shall enter an order addressing the transcription of the record and a briefing schedule.
Rule 236. Notice by Prothonotary of Entry of Order, Decree or Judgment
The moving party shall provide sufficient copies of all orders, decrees or judgments, together with addressed, stamped envelopes, necessary for the Prothonotary to comply with Pa.R.C.P. No. 236.
Rule 257. Money Paid Into Court
Unless otherwise provided by the Pennsylvania Rules of Civil Procedure, a local rule or order of Court, a party seeking to pay money into Court shall file a petition which conforms to Pa. R.C.P. No. 2303(a)(1)-(4). Service shall be pursuant to Pa. R.C.P. No. 440, and proof of service shall be pursuant to Local Rule 440.1. A petition shall be governed by Pa. R.C.P. Nos. 206.6 and 206.7.
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