Adoption of Local Rules; Misc. Doc. No. Misc. CV86-1958
[34 Pa.B. 3404]
And Now, this 22nd day of June, 2004, the Court hereby adopts the following Northumberland County Local Rules of Civil Procedure, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.
It is further Ordered that the District Court Administrator shall file seven (7) certified copies of these Rules with the Administrative Office of Pennsylvania Courts, two (2) copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Rules Committee and one (1) copy to the Northumberland County Legal Journal for publication in the Northumberland County Legal Journal.
It is further Ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.
By the Court
ROBERT B. SACAVAGE,
Local Rules of Court
Rules of Civil Procedure
Northum.L.R. 205.2(a). Physical Characteristics of Pleadings and Other Legal Papers
(1) All papers to be filed shall be prepared on letter size paper, double spaced, margins not less than 3/4" on the left side and 1/4" on the right side of the paper, and single-sided.
(2) The first page shall contain a 3" space from the top of the page for all stampings, filing notices and notations. Beginning at the left-hand margin 3" from the top of the page, the attorney name, attorney identification number, firm name, address and telephone number shall appear in that order. It must state the designation of the party being represented, i.e. ''Attorney for Plaintiff'' or ''Attorney for Defendant [name].'' The case caption shall follow with the number appearing on the right side.
(3) Any change of address shall be promptly filed on a separate paper entitled ''Notice of Change of Address.''
(4) Any proposed orders shall be separately attached, except a proposed rule to show cause or order for hearing which shall be attached as the first page after any cover sheet required by Northum. L. R. 205.2(b).
Northum.L.R. 205.2(b). Cover Sheet Form
(1) A civil cover sheet in the form set forth herein shall be attached to any legal paper such as a petition or motion that requires a hearing or argument date, for purposes of scheduling by the Court Administrator's office.
(2) The form of the civil cover sheet is as follows:
CIVIL COVER SHEET
(ALL ITEMS MUST BE COMPLETED)
1. CAPTION AND CASE NUMBER:
______ vs. CASE NO. ______ ______
2. ATTORNEY FOR EACH PARTY (with address) (if none, please indicate and list address for service of the notice)
Plaintiff: ______ ______
Defendant: ______ ______
Other: ______ ______
3. Has any matter in this case or a companion case been before a Judge? Yes ____ No ____
a. If yes, please provide the Judge's name: ______
b. Nature of prior matter: ______
4. How much time is required before the Court? ______
(You WILL BE limited to the time requested!)
5. (a) Has concurrence been sought? Yes ____ No ____
Why not? _____
(b) Was concurrence obtained? Yes ____ No ____
6. How much NOTICE must be given prior to the Hearing? ______
7. Are there any other scheduled dates or matters pending before the Court?
(a) If yes, when? _________________
8. Please list any dates you are not available for Court! Continuances WILL NOT be granted except for extraordinary circumstances:
TO BE FILLED OUT BY THE COURT ADMINISTRATOR
DATE SET: ______ TIME: ______
JUDGE: ______ SCHEDULING OFFICER: ____
Northumb.L.R. 206.1(a). Petitions.
(1) A petition is a request which seeks relief ancillary to a given cause of action and which avers facts not of record.
(2) The designated applications which are to proceed in the manner of a petition under Pa.R.C.P. No. 206.1 et seq. would be any application for relief other than a motion and not otherwise covered by these rules, for which a rule to show cause is typically issued.
Northum.L.R. 206.4(c). Issuance of a Rule to Show Cause. (Discretionary Issuance)
(1) A petitioner seeking the issuance of a rule to show cause shall follow Pa.R.C.P. 206.5 (discretionary issuance), including the requirement of notice to all other parties of the intention to request the court to issue the rule, by filing a certificate of service of such notice.
(2) The petition shall set forth a citation to applicable legal authority being asserted as the basis for the requested relief.
(3) The request for the issuance of the rule shall be reviewed by the court as to whether it is properly pleaded, and states prima facie grounds for relief. In the event a rule is not initially issued, briefing or argument will be established by order of court, with notice provided by the Court Administrator's office.
(4) Every petition under Pa.R.C.P. 206.1(a) shall include as the first page after any cover sheet required by Northum.L.R. 295.2(b) a proposed rule to show cause in the following form:
O R D E R
AND NOW, this ____ day of ______ , 200 __ , upon consideration of the foregoing 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 _____ days of this date;
(3) the petition shall be decided under Pa.R.C.P. No. 206.7;
(4) an evidentiary hearing on disputed issues of material facts shall be held on the _____ day of _____ , 200 __ , at ____ o'clock, ____ .m., in Courtroom No. _____ of the Northumberland County Courthouse, 201 Market Street, Sunbury, Pennsylvania.
(5) Notice of the entry of this order shall be provided to all parties by the petitioner, and a certificate of service filed.
BY THE COURT:
(5) All petitions and other applications addressed to the Court shall be filed with the Prothonotary, who shall promptly file-stamp same and make a brief docket entry. At least one (1) copy of each such document and proposed order shall be presented to the Prothonotary with the original, which shall be retained by the Prothonotary while the original document is forwarded for consideration by the Court. The Prothonotary shall thereafter forward such original documents and any supporting papers and proposed orders to the Court Administrator for transmittal to the Court. Any such papers needing prompt court attention, after filing as noted above, may be forwarded immediately to the Court Administrator by the attorney filing such papers.
The Court Administrator, following consideration and disposition of the document by the Court, shall contact the counsel of record for the moving party advising of the action taken by the Court.
(6) The petition must be accompanied at the time of filing with stamped, addressed envelopes for each attorney of record and unrepresented party along with sufficient copies of the petition and proposed rule to show cause or other proposed order for each of them.
(7) A party may request oral argument as to any petition and answer by promptly filing a praecipe for argument.
Northum.L.R. 208.2(c). Motion to Include Statement of Applicable Authority
All motions, except continuances or scheduling matters, must include a brief statement of the applicable authority by citation to a statute, rule of court or other authority being asserted as the basis for the requested relief.
Northumb.L.R. 208.2(d). Certification of Uncontested Motions.
If counsel for the moving party determines that a motion is uncontested by all parties involved in the case, counsel shall file a certification that the motion is uncontested, and provide a proposed order.
Northum.L.R. 208.2(e). Certification in Discovery Motion of Attempt to Resolve.
A motion relating to discovery must include a certification by counsel for the moving party that an attempt was made by reasonable effort to resolve the matter.
Northum.L.R. 210. Briefs.
(1) The brief of the moving party shall set forth the procedural history, the relevant facts, the questions involved, argument and conclusion.
(2) The response brief need only contain argument and conclusion. If a counter statement of the facts or the questions involved is not set forth, the statements of the moving party shall be deemed adopted.
(3) Briefs shall be submitted on 8 1/2 × 11 inch paper and shall be double spaced.
(4) Briefs are to be submitted in duplicate to the Court Administrator directly, and not filed with the Prothonotary.
(5) The moving party shall submit a brief fourteen (14) days before the date set for argument. The response brief is due seven (7) days after receipt of the moving party's brief, but no later than three (3) days before argument.
Northum.L.R. 1028(c). Preliminary Objections. Procedure.
(1) All preliminary objections shall be accompanied by a proposed order. A brief is not required at the time of filing the preliminary objections.
(2) After twenty (20) days from service of the preliminary objections, if an amended pleading has not been filed, any party may file a praecipe with the Prothonotary to place the preliminary objections on the argument list. Subsequently, a briefing schedule and assignment to a judge will be issued by the Court Administrator.
(3) Any party filing preliminary objections pursuant to Pa. R.C.P. No. 1028(a)(1), (5) or (6) shall attach a notice to plead. Such objections are governed by Northumb. L.R. 206.4(c).
Northum.L.R. 1034(a). Motion for Judgment on the Pleadings. Procedure.
Upon filing a motion for judgment on the pleadings, the moving party shall also file a praecipe with the Prothonotary to place such motion on the argument list. Subsequently, a briefing schedule and assignment to a judge will be issued by the Court Administrator.
Northum.L.J. 1035.2(a). Motion for Summary Judgment. Procedure.
(1) After thirty (30) days from service of the motion for summary judgment, any party may file a praecipe with the Prothonotary to place the matter on the argument list.
(2) If a response is filed where any party demands discovery, the parties shall complete such discovery within sixty (60) days, unless otherwise directed by the Court, and thereafter a praecipe may be filed for placement on the argument list.
(3) Subsequently, a briefing schedule and assignment to a judge will be issued by the Court Administrator.
Northum.L.R. 208.3(b). Responses to Motions.
(1) Any response to a motion shall be filed within twenty (20) days after service of the motion, unless the time for filing the response is modified by court order.
(2) A brief need not be filed with a response.
(3) Any party may file a praecipe with the Prothonotary to place the matter on the argument list. Subsequently, a briefing schedule and assignment to a judge will be issued by the Court Administrator.
[Pa.B. Doc. No. 04-1192. Filed for public inspection July 2, 2004, 9:00 a.m.]
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