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PA Bulletin, Doc. No. 14-1425

THE COURTS

MONROE COUNTY

Adoption of Local Rule of Judicial Administration 1901; 2014-CU-5

[44 Pa.B. 4352]
[Saturday, July 12, 2014]

Order

 And Now, this 11th day of June 2014, pursuant to the directive of Pa.R.J.A. 1901(b), It Is Ordered that effective 30 days after publication in the Pennsylvania Bulletin, Monroe County Rule of Judicial Administration 1901, Mon.R.J.A. 1901, regarding Termination of Inactive Cases is hereby adopted.

 It Is Further Ordered that two (2) certified copies and one (1) CD-ROM shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; That one (1) certified copy shall be filed with the Administrative Office of the Pennsylvania Courts, and that one copy shall be filed with the Prothonotary of Monroe County.

By the Court

MARGHERITA PATTI-WORTHINGTON, 
President Judge

Local Rule of Judicial Administration 1901. Termination of Inactive Cases.

 (a) General Policy. It is the policy of the Monroe County Court of Common Pleas to bring each pending civil action to a final conclusion as promptly as possible consistent with the interests of justice. When no docket activity has occurred in a civil case for a period of more than two years, the court will commence proceedings under this rule to terminate the action, pursuant to Pa.R.J.A. No. 1901.

 (b) Procedures for termination of a civil case for inactivity.

 (1) Call of the list. The Prothonotary shall prepare a list each year on or about July 1 of civil cases in which there has been no docket activity for more than two years. The Court will schedule a call of that list to give the parties an opportunity to be heard on the termination of a case. The call of the list will be scheduled for the third Monday of October at 9:00 a.m. or at such other date and time for which notice shall be given pursuant to this rule.

 (2) Published notice. The Prothonotary shall publish notice of the moribund cases scheduled for the call of the termination list one time in the Monroe Legal Reporter at least thirty days before the scheduled call. The notice shall state a) the caption of each case and the names of the attorneys of record or pro se litigants, if any; b) the date, time and location of the call of the list; and c) the requirements of filing written objections and appearing at the call of the list in order to oppose termination, as stated below.

 (3) Written objections and the call of the list. Any party wishing to oppose the termination of a matter must file written objections with the Prothonotary a minimum of one week prior to the call of the termination list and serve opposing counsel or pro se parties in accordance with the Rules of Civil Procedure. A certificate of service shall be filed with the Prothonotary. If no written objection to dismissal is timely filed, the Prothonotary shall enter an order terminating the case pursuant to Pa.R.J.A. 1901(c)(2), and that matter will not be heard at the call.

 If an objection is timely filed and served, the Court will hold argument on that case at the time of the call of the termination list. The party opposing termination must attend the call of the termination list in person or by counsel to argue against the termination of the case. Opposing counsel or parties who wish to be heard may also present argument. The court will then enter an appropriate order.

 (c) Reinstatement. Any matter terminated under this rule may be reinstated by the Court upon written petition for good cause shown.

 (d) Other remedies not affected. This rule shall not prevent a party from seeking dismissal of an action due to inactivity through other procedures authorized by law or rule of Court.

[Pa.B. Doc. No. 14-1425. Filed for public inspection July 11, 2014, 9:00 a.m.]


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