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PA Bulletin, Doc. No. 97-1893



Amendment of Civil Rules of Procedure No. 206 and Rule 205.3

[27 Pa.B. 6185]

   And Now, this 12th day of November, at 1:08 p.m., the Court hereby amends Schuylkill County Civil Rules of Procedure No. 206 and Rule 205.3 and adopts amended Rules No. 206 and No. 205.3 for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty days after publication in the Pennsylvania Bulletin.

   The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

   1)  File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3)  File one (1) certified copy of this Order and Rule with the Pennsylvania Civil Procedural Rules Committee.

   4)  Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rule.

President Judge

Rule 206.  Petitions.

   Petition and answer practice shall comport with Pa.R.C.P. 206, and the rule provisions of Pa.R.C.P. 206.6 and Sch.R.C.P. 1019, setting forth the authority on which the Petition is based. Each petition shall be accompanied by a praecipe pursuant to Sch.R.C.P. 205.3 indicating that the movant seeks issuance of a Rule to Show Cause. Upon filing, an Order in the form set forth herein shall be issued as of course and the parties shall thereafter proceed pursuant to the provisions of Pa.R.C.P. 206.

Rule 205.3.  Praecipe to Transmit.

   All filings which require action by a judge, or an assignment by the Court Administrator (except certificates of readiness for arbitration or trial) shall be accompanied by a praecipe to transmit on Prothonotary Form 205.3, and shall indicate the nature of the filing and what action is being sought to move the matter forward. The purpose of the praecipe is to advise the Court of what may be necessary for a disposition (i.e., when a hearing is required; when a matter is ripe for disposition on the record; matters that can be immediately addressed) and to expedite action on the filing. When a non-jury trial or a hearing involving witnesses is being requested, then the moving party shall list the witnesses to be presented and include an estimate as to the time required to present the case. In matters requiring a non-jury trial or hearing, opposing counsel is required to submit a report in WRITING to the Court Administrator within 10 days of the moving party's filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case. Failure to file the praecipe to transmit or to indicate what action is required from the Court may result in denial of the relief sought. Failure to list witnesses may result in the preclusion of their testimony.

[Pa.B. Doc. No. 97-1893. Filed for public inspection November 28, 1997, 9:00 a.m.]

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