Local Rule 212; Local Rule 212.1: Pre-Trial Procedure; Certificate of Readiness for Pre-Trial Conference; No. 1702 of 2016 GD
[46 Pa.B. 5895]
[Saturday, September 17, 2016]
And Now, this 30th day of August, 2016, pursuant to Pennsylvania Rule of Judicial Administration 103(d), it is hereby ordered that Local Rule 212 is rescinded and Local Rule 212.1 is amended to read as follows.
The Prothonotary is directed as follows:
(1) Two copies and CD-ROM of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(2) One copy of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.
(3) One copy of the Local Rule shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.
The Administrative Office of Fayette County Courts is directed as follows:
(1) Publish a copy of the Local Rule on the website of the Administrative Office of Fayette County Courts.
(2) Thereafter, compile the Local Rule within the complete set of local rules no later than 30 days following the publication in the Pennsylvania Bulletin.
Rescinding and amending the previously listed Local Rules shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
JOHN F. WAGNER, Jr.,
Rule 212.1. Pre-Trial Procedure; Certificate of Readiness for Pre-Trial Conference.
(a) Except in those cases involving compulsory arbitration, there shall be 240 days from the filing of the complaint in which the parties shall complete discovery. Discovery will not be permitted after the 240 day period except by order of Court upon good cause shown.
(b) In those cases where it is apparent that extensive discovery will be required, counsel may present a motion requesting a status conference, or file and present an appropriate motion, with the trial Judge to whom the case has been assigned to establish an alternate discovery time table.
(c) Unless otherwise agreed upon by the parties, or ordered by the Court, all depositions shall be held in Fayette County.
(d) At any time after the close of discovery, the Court may, in its discretion, direct the parties to attend a status conference, or the Court may compel the filing of pre-trial statements, schedule the pre-trial conference, or otherwise intervene to expedite the litigation.
(e) If there is an appeal of the award of arbitrators, this rule shall apply, except that there shall be 60 days from the filing of the appeal in which the parties shall complete discovery.
(f) At the close of discovery and upon the filing of a pre-trial statement by the moving party, the movant shall file a Certificate of Readiness for Pre-trial Conference.
(1) The Certificate of Readiness shall be substantially in the form which follows this rule and shall be served with written notice to all parties.
(2) If a party objects to the Certificate of Readiness as filed by any party, the objecting party is required to file the objection within 20 days; otherwise, all parties will be deemed to be in agreement with the statement contained in the Certificate of Readiness.
(3) Objections to the Certificate of Readiness shall be presented forthwith as a priority motion to the Judge to whom the case is assigned. If an objection to the Certificate of Readiness has been filed, the Prothonotary shall only transmit the docket to the Trial Judge for pre-trial conference after the Judge resolves the objection.
(4) If no objection to the Certificate of Readiness has been filed within 20 days, the Prothonotary shall transmit the docket to the Trial Judge to schedule a pre-trial conference.
(5) In accordance with Local Rule 212.3, the Trial Judge shall schedule the pre-trial conference upon transmission of the docket from the Prothonotary.
(6) A Certificate of Readiness is not required for cases assigned to arbitration.
IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA
_________________ : Civil Action Plaintiff : : NO. vs. : : _________________ : JUDGE ______ Defendant : : Jury Trial ______ : Non-jury Trial ______ : Arbitration ______
CERTIFICATE OF READINESS
I hereby certify, pursuant to Fayette County Rule of Civil Procedure 212.1, that the above-captioned case is ready for trial. All pleadings are closed; all witnesses are presently available to appear at trial; the moving party's pre-trial statement has been filed and served upon the other parties; and discovery is complete, except for those depositions to be taken solely for the purpose of being presented at trial. Any such deposition shall be completed prior to trial and a transcript of the deposition shall be submitted to the Court at least five (5) days prior to trial or all objections will be deemed waived.
I further certify that immediately after filing, I will serve a time-stamped copy of this certificate upon all counsel, and/or any unrepresented party.
Print Name Signature of Counsel
[Pa.B. Doc. No. 16-1597. Filed for public inspection September 16, 2016, 9:00 a.m.]
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