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PA Bulletin, Doc. No. 16-1599



Local Rule 212.3: Pre-Trial Conference; No. 1702 of 2016 GD

[46 Pa.B. 5897]
[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 212.3 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.

 The amendment of the previously listed Local Rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule 212.3. Pre-Trial Conference.

 (a) When a case is scheduled for pre-trial conference, it shall not be continued except for just cause and upon order of the pre-trial judge.

 (b) The pre-trial conference shall be attended by the attorney who will try the case, or by an attorney who is fully prepared and authorized as to all matters which may reasonably be expected to arise during the conference.

 (c) Parties must also be present, except when the real party in interest is an insurance company, a common carrier, corporation or other artificial legal entity, in which instance a representative thereof, other than the attorney, must be present with full authority and power to discuss and settle the case.

 (d) The Court shall encourage the amicable settlement of the controversy and the parties and their attorneys shall be prepared to discuss settlement.

 (e) The judge presiding at the pre-trial conference shall refer to arbitration all cases where the amount in controversy is found not to exceed the jurisdictional limits of arbitration except where title to lands or tenements may come in question.

 (f) If there is not an amicable settlement of the controversy at the pre-trial conference, then the pre-trial judge shall issue a pre-trial adjudication which shall, in the discretion of the judge, control the subsequent course of the action.

[Pa.B. Doc. No. 16-1599. Filed for public inspection September 16, 2016, 9:00 a.m.]

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