THE COURTS
Title 255—LOCAL
COURT RULES
SCHUYLKILL COUNTY
Amendment to Rule of Judicial Administration 1901: Termination of Active Cases; AD-90-10
[40 Pa.B. 4648]
[Saturday, August 14, 2010]
Order of Court And Now, this 2nd day of August, 2010 at 3:00, p.m. the Court hereby amends Schuylkill County Rule of Judicial Administration 1901(a), (b) and (c). This rule is amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District) and shall be effective 30 days after publication in the Pennsylvania Bulletin.
Pursuant to Rule of Judicial Administration 103, the Clerk of Courts of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rules with the Administrative Office of the Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a CD-ROM reflecting the text in the hard copy version.
3) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.
4) Keep continuously available for public inspection copies of this Order and Rule.
By the Court
WILLIAM E. BALDWIN,
President Judge
AMENDMENT TO SCHUYLKILL COUNTY
RULES OF JUDICIAL ADMINISTRATIONRule 1901. Termination of Inactive Cases.
(a) On or before September 1 of each year, the Prothonotary shall prepare and forward to the Court a list of all civil matters in which no steps or proceedings have been taken for two years or more prior thereto. The Court shall pursuant to Pa.R.C.P. 230.2 initiate proceedings to terminate the cases contained on said list.
(b) On or before September 1 of each year, the Clerk of Courts shall prepare and forward to the Court a list of all criminal proceedings in which no steps or proceedings have been taken for two years or more prior thereto. The Court shall thereafter give to the district attorney, any private prosecutor, the defendant and defense counsel of record notice of the Court's intention to terminate the proceedings as provided by Pa.R.J.A. 1901(c). If no good cause for continuing a proceeding is shown in response to said notice, an order for dismissal shall be ordered forthwith by the Court. If an action is terminated pursuant to this rule, an aggrieved party may petition the Court to reinstate the proceeding. The Court may reinstate the proceeding upon good cause shown both for the failure to respond to the Court's notice of intent to terminate and for continuing the proceeding.
(c) On or before September 1 of each year, each Magisterial District Judge shall prepare and forward to the Court a list of all civil and summary proceedings in the judge's magisterial district in which no steps or proceedings have been taken for two years or more prior thereto. The Court shall thereafter give to the parties in a civil matter and to the prosecutor and defendant in a summary matter notice of the Court's intention to terminate the proceedings as provided by Pa.R.J.A. 1901(c). If no good cause for continuing a proceeding is shown in response to said notice, an order for dismissal shall be ordered forthwith by the Court. If an action is terminated pursuant to this rule, an aggrieved party may petition the Court to reinstate the proceeding. The Court may reinstate the proceeding upon good cause shown both for the failure to respond to the Court's notice of intent to terminate and for continuing the proceeding.
[Pa.B. Doc. No. 10-1478. Filed for public inspection August 13, 2010, 9:00 a.m.]
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