FRANKLIN AND FULTON COUNTIES
In the Matter of the Adoption and Amendment of Local Rules of Civil Procedure; Misc. Doc. 2010-4824
[40 Pa.B. 6643]
[Saturday, November 20, 2010]
Order Pursuant to Pa.R.C.P. 239.8
October 29th, 2010, It Is Hereby Ordered that the following Rules of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, Civil Division, are amended, rescinded or adopted as indicated this date, to be effective upon publication on the Pennsylvania Judiciary's Web Application Portal:
Local Rule of Civil Procedure 205.2(a) is adopted.
Local Rules of Civil Procedure 206.1(a), 206.4(c), 208.2(c), 208.2(d), 208.2(e), 208.3(a), and 208.3(b) are amended and shall now read as follows.
It Is Further Ordered that The District Court Administrator shall
1. Transmit a copy of this order and the foregoing rules to the Civil Procedural Rules Committee for transmittal to the Administrative Office of Pennsylvania Courts (AOPC) for publication on the Pennsylvania Judiciary's Web Application Portal.
2. Distribute two (2) certified paper copies and one (1) computer diskette or CD-ROM copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Provide one (1) certified copy of the Local Rule changes to the Franklin County Law Library and one (1) certified copy to the Fulton County Law Library.
4. Keep such local rule changes, as well as all local civil rules, continuously available for public inspection and copying in the Office of the Prothonotary of Franklin County and the Office of the Prothonotary of Fulton County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
5. Arrange to have the local rule changes published on the Franklin County Bar Association web site at www.franklinbar.org.
By the Court
DOUGLAS W. HERMAN,
Local Rule 205.2(a). Assignment to Judge upon Filing of Complaint.
Upon the filing of a complaint, the Prothonotary shall assign the case to a specific judge and shall indicate the name of the particular judge assigned in the caption. The name of the judge to whom the case is assigned shall be noted in the caption of each service copy of the complaint.
(i) All pleadings and papers filed subsequent to the complaint shall have the name of the judge to whom the case is assigned noted in the caption.
(ii) Subsequent to the filing of a complaint, motions and petitions shall be directed to the assigned judge for disposition unless such judge is unavailable.
Local Rule 206.1(a). Purpose and Designation.
The procedure after issuance of rules to show cause shall be as set forth in Pa.R.C.P. 206.7. If argument is ordered by the Court, the case shall be listed, briefed and decided as set forth in the Court's order. All applications for which the procedure for the relief sought is not otherwise specifically addressed elsewhere in the rules and which require the assertion of facts not of record are hereby designated as petitions. A petition, generally speaking, is a request for relief ancillary to a given cause of action. Each petition shall be accompanied by a verification or affidavit verifying the facts stated in the petition. Every petition shall contain a certification noting whether it is contested or uncontested or, if the petitioning party is unable to so indicate, a description of the efforts which have been made to determine the position of the responding party. References to phone calls and emails shall include date and time.
Local Rule 206.4(c). Petition with Issuance of Rule to Show Cause.
(1) Rules to show cause shall be issued at the discretion of the Court pursuant to the procedure set forth in Pa.R.C.P. 206.5. The petition for the rule to show cause may be filed, delivered or mailed to the Prothonotary as set forth in Pa.R.C.P. 205.1. Upon receipt, the Prothonotary shall mark it filed and deliver it to the Court Administrator. In the alternative, a petition for a rule to show cause may be presented to the court at any open session, or to the assigned judge's law clerk or to the assigned judge in chambers at such time as the court may set.
(2) The procedure after issuance of the rule to show cause shall be as set forth in Pa.R.C.P. 206.7. If hearing or argument is ordered by the court the case shall be listed, briefed and decided as set forth in Local Rule 211 et seq.
(3) The Rule to Show Cause shall be substantially in the following form:
RULE TO SHOW CAUSE
AND NOW, this ____ day of ______ , 20__ , 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 a verified Answer to the Petition within __ days of service upon the respondent;
3. The Petition shall be decided under Pa.R.C.P. No. 206.7;
4. Depositions shall be completed within _____ days of service upon petitioner of the Answer;
5. Hearing and/or argument, if any, shall be held on _____ , ______ , 20__ , at __ o'clock __ .m. in the assigned Courtroom of the Franklin/ Fulton County Courthouse, Chambersburg/ McConnellsburg, PA;
6. If Items 4 and 5 above are left blank, depositions and/or argument or hearing will be considered upon the request of any party; and
7. Notice of entry of this order shall be provided to all parties by the petitioner.
8. In the case of Preliminary Objections [Local Rule 1028(a)], Motions for Judgment on the Pleadings [Local Rule 1034(a)] and Motions for Summary Judgment [Local Rule 1035(a)], parties shall follow the procedures for disposition set forth in those rules.
By the Court,
No applications are designated as ''petitions'' other than applications to open a default judgment or a judgment of non pros as required by Pa.R.C.P. 206.1(a)(1). The issuance of a rule to show cause shall be discretionary with the court as provided in Pa.R.C.P. 206.5. A petitioner seeking the issuance of a rule to show cause shall attach to the petition a Rule in the form designated by this rule and a proposed order granting the relief sought. Under Pa.R.C.P. 206.7, the issue raised in the petition may be decided without the necessity of argument. However, if the court orders argument on the petition, the matter shall be listed for argument, briefed and decided pursuant to Local Rule 211, et seq.
Local Rule 208.2(c). Motions, generally.
A motion shall include a brief statement of the applicable authority, including reference to any applicable local or state rule or statute; or shall be accompanied by a brief at the time of filing.
Local Rule 208.2(d). Motions, certification.
Every motion shall contain a certification noting whether it is contested or uncontested or, if the moving party is unable to so indicate, a description of the efforts which have been made to determine the position of the responding party. References to phone calls shall include date and time.
Local Rule 208.2(e). Motions relating to Discovery.
Every motion relating to discovery shall attach a certificate, signed by counsel for the moving party, certifying that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. The attached certificate shall detail the efforts made by the moving party, detailing time, place and manner of conversations and shall include copies of any related correspondence.
Local Rule 208.3(a). Motion Procedure.
The following procedures shall govern motions:
(i) A motion or answer may be filed, delivered or mailed to the Prothonotary as set forth in Pa.R.C.P. 205.1. Upon receipt, the Prothonotary shall mark it filed and deliver it to the Court Administrator. Alternatively, a motion may be presented to the court at any open session, or to the assigned judge's law clerk or to the assigned judge in chambers at such time as the court may set.
(ii) Emergency motions in cases already assigned to a specific judge should be filed and then delivered directly to Court Administration or to the assigned judge's chambers for handling and, in cases not already assigned, should be directed to the Court Administrator for assignment.
(iii) Unless permitted by the court to be made or taken orally, all motions shall be in writing and shall be verified if the facts do not appear on the face of the record.
(iv) The proper order to be made by the court upon a motion shall be prepared by counsel and attached to the motion at the time of filing. Any order signed by the court shall be promptly filed.
(v) All motions other than those made at trial shall be served, along with any order entered or any order proposed to be entered, upon all other parties in accordance with Pa.R.C.P. 440(a). All such service shall be evidenced by either a certificate of service attached at the time of filing or by an affidavit of service filed separately.
(vi) Motions may be decided with out without oral argument. For those Motions for which a party requests argument of for which the Court requires argument, the Court may issue an order scheduling argument or the motion may be argued by following the procedure set forth in Local Rule 211 et seq.
Local Rule 208.3(b). Answers to Motions.
Except for those Motions which are uncontested by their terms, each responding party shall file an Answer which shall contain supporting authority for the relief sought or which shall be accompanied by a brief at the time of filing. Each Answer shall also have attached at the time of filing the order which is sought by the answering party. Answers other than those to Motions for Summary Judgment shall be filed not later than 20 days after the date of service of the Motion as evidenced by a certificate or affidavit of service unless the time for filing is modified by court order; or unless earlier required in the interests of justice; or as soon as possible in the case of emergency motions.
[Pa.B. Doc. No. 10-2188. Filed for public inspection November 19, 2010, 9:00 a.m.]
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