Adoption of New Local Rules of Court—2002; No. CP-03-AD-0000189-2002
[43 Pa.B. 3332]
[Saturday, June 22, 2013]
Order of Court
And Now, this 4th day of June, 2013, it is hereby Ordered as follows:
1. A new Local Rule of Civil Procedure numbered 1915.4-3.1 is hereby promulgated to read as follows:
Rule 1915.4-3.1. Conciliation Conference Facilitator.
(a) The Court may appoint a conciliation conference facilitator upon its own motion or upon the motion of a party. The motion of a party must be in writing and filed with the Prothonotary.
(b) If the Court appoints a conciliation conference facilitator upon its own motion, payment therefor shall be made by the Prothonotary from moneys collected pursuant to 23 Pa.C.S. § 3902(a)
(c) A party who files a motion for the appointment of a conciliation conference facilitator shall file it at the same time that a conciliation conference date and time are first requested. The party shall simultaneously deliver to the Prothonotary a check or money order in the amount of $125.00, made payable to the then-designated facilitator, to pay for the cost of the facilitator's attendance.
2. An amended Local Rule of Civil Procedure numbered 1915.4-3 is hereby promulgated to read as follows:
Rule 1915.4-3.2. Pretrial Conference.
(a) If at the conciliation conference, the parties cannot agree upon a resolution of all the issues and a trial before a judge becomes necessary, the Court Administrator shall cause a pretrial conference to be scheduled to occur within ninety (90) days after the date the conciliation conference was held.
(b) The Court will schedule a trial date at the pretrial conference, and a date for an additional pretrial conference when appropriate. The parties must attend each pre-trial conference.
3. An amended Local Rule of Civil Procedure numbered 1915.7 is hereby promulgated to read as follows:
Rule 1915.7. Consent Order. Final and Temporary.
(a) If at any time during the course of a custody proceeding the parties agree upon a resolution of all the issues and are then available to consent in writing to an order reflecting the same, they shall so notify the Court. The Court will make its staff available to the parties and their lawyers for the immediate preparation of a final consent order.
(b) If after a conciliation conference the parties cannot agree upon a resolution of all the issues, counsel and the parties shall, within seven (7) days after such conference, submit to the Court a proposed temporary order providing for the occurrence of those things agreed upon at the conciliation conference. The proposed temporary order shall not contain a provision for the scheduling of a hearing before the Court. The completed Conciliation Conference Checklist shall be attached to the proposed temporary order.
4. It is further Ordered that the Comment to L.R.C.P. No. 1915.7 be deleted in its entirety.
5. A new Local Rule of Civil Procedure numbered 1915.14 is hereby promulgated to read as follows:
Rule 1915.14. Disobedience of Order Directing Custody Evaluation.
If a party fails to submit to a child custody evaluation; fails to cause a household member to submit a child custody evaluation; or fails to pay his or her share of the costs thereof, the Court may dismiss the complaint or impose other appropriate sanctions.
6. An amended Local Rule of Orphans Court Procedure numbered 3.5G is hereby promulgated to read as follows:
Rule 3.5G. Motion for Judgment on the Pleadings. Motion for Summary Judgment.
The practice and procedure relating to motions for judgment on the pleadings and motions for summary judgment shall be governed by the pertinent Pennsylvania Rules of Civil Procedure, as implemented by the Local Rules of Civil Procedure, including those requiring the filing of proposed scheduling orders. Notice in advance of the filing of such a motion is not required.
7. The Court Administrator shall take all steps required by Pa.R.J.C.P. No. 121 for the publication, distribution and dissemination of the amendments and supplements provided for herein.
8. This Order shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
KENNETH G. VALASEK,
[Pa.B. Doc. No. 13-1110. Filed for public inspection June 21, 2013, 9:00 a.m.]
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