Termination of Inactive Cases; S-2339-99
[29 Pa.B. 6336]
And Now, this 3rd day of December, 1999, at 8:30 a.m., the Court hereby amends Schuylkill County Rule of Civil Procedure 1901(b)(1)(a) for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). This rule 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 together with a diskette reflecting the text in the hard copy version.
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.
By the Court
WILLIAM E. BALDWIN,
Rule 1901: Termination of Inactive Cases.
(b)(1)(a) The Prothonotary shall prepare on or before the second Monday of August each year, or on such other date as the Court by special order may direct, a list containing all civil matters in which no steps or proceedings have been taken for two years or more prior to the preceding June 30 and shall give notice thereof to counsel of record and to those parties for whom no appearance has been entered as required by Pa.R.J.A. No. 1901(c). The notice shall inform them that the case shall be terminated by order of Court for inactivity unless a written motion is filed setting forth good cause for continuing the matter.
Counsel and unrepresented parties who have received notice that a case is on the list of inactive cases may file a motion to remove the case from the purge list, alleging in said motion whatever facts may support good cause for continuing the matter. The motion must be filed not later than forty-five (45) days after the date of notice, and the moving party shall immediately serve all other counsel of record and unrepresented parties in accordance with Pa.R.C.P. No. 440. Any party opposing such motion must file an answer not later than twenty (20) days after service of the motion.
When a motion has been timely filed to remove the case from the purge list and alleges on its face facts setting forth good cause for continuing the matter, and when no answer thereto has been timely filed opposing its continuance, the Court shall enter an order striking the case from the purge list. In those cases where a timely motion and answer thereto have both been filed, the Court will notify the parties of the date and time where they may be heard on said motion and answer. When no motion is timely filed to remove the case from the purge list, or when the facts alleged in the motion fail to set forth good cause for continuing the matter, the Court shall enter an order dismissing the case.
[Pa.B. Doc. No. 99-2128. Filed for public inspection December 17, 1999, 9:00 a.m.]
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