CHAPTER THREE – 7364E & I

Five County Court Perspectives - PART I & II

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Course Summary – Five County Court Perspectives - PART I & II

It can be an intimidating experience to litigate in counties in which you do not regularly practice. In this 2-part course, you will prepare yourself for litigating in the five county regions of Bucks, Chester, Delaware, Montgomery & Philadelphia Counties. Our impressive faculty will fill you in on the “nuts & bolts” of civil practice, with an emphasis on the practical ways to move your case from filing to trial. Moderators: Mark N. Cohen, Esq. Robert T. Szostak, Esq. Faculty: Philadelphia County: Honorable John W. Herron, Administrative Judge, Civil Trial Division, Honorable Allan L. Tereshko, Supervising Judge, Civil Trial Division, Charles A. Mapp, Sr., Chief Deputy Court Administrator David D. Wasson, III, Esq., Chief Deputy Court Administrator Bucks County: Honorable Robert J. Mellon, Administrative Judge, Civil Litigation & Dependency Court Douglas Praul, Esq., Court Administrator Chester County: Honorable Robert J. Shenkin Patricia A. Drangel, Esq. Delaware County: Honorable Charles B. Burr II, Senior Judge, Civil Trial Division Gerald C. Montella, Esq., Court Administrator Montgomery County: HonorableThomas M. Del Ricci, Administrative Judge, Civil Division Honorable Carolyn T. Carluccio, Civil Division Michael R. Kehs, Esq., Court Administrator

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Bucks County Civil Practice and Discovery Procedure

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Bucks County Civil Practice and Discovery Procedure

June 22, 2012

Douglas R. Praul, Esq.

Rhona G. Nagelberg, Esq. Stephen D. Watson, Esq.

Written materials prepared by Sean Corr, Esq., amended and supplemented by

Douglas Praul, Esq., Rhona Nagelberg, Esq. and Stephen Watson, Esq.

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BUCKS COUNTY CIVIL PROCEDURE I. INTRODUCTION

The following materials outline the civil process in Bucks County from the filing of original process through post-verdict motions and judgment. This is not meant to be a substitute for the entire Bucks County Rules of Civil Procedure (“B.C.R.C.P.”) nor is this course meant to be an exhaustive study of the subject.

Please note that the Bar Association is no longer publishing the Bucks County Rules of Civil Procedure. Instead that function has been taken over by the Legal Intelligencer. They should be contacted directly for purchase of a copy. Alternatively, you may access a copy of the rules online at http://www.buckscounty.org/courts/CourtInfo/LocalRules/index.aspx

and at the AOPC website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx. The Bucks County Courthouse is located between Court, Main and Broad Streets in

Doylestown. The address is: Bucks County Courthouse, 55 E. Court Street, Doylestown, PA 18901. There is free parking available in the County Parking Garage, which is located at the intersection of Union and Broad Streets, about two blocks from the Courthouse. If you enter the Courthouse from the nearest entrance to the garage (Main Street) you will be on the first floor, however, if you enter at the Court Street entrance you will be on the second floor in the main lobby. II. COURT ADMINISTRATION AND ORGANIZATION

A. Personnel Douglas R. Praul, Esquire, Court Administrator

5th Floor, 215 348-6700, (fax) 215 348-6503 Mary Mellor, Secretary

Charles A. Carey, Deputy Court Administrator, District Courts 5th Floor, 215 348-6025

Thomas R. Stoehr, Deputy Court Administrator, Fiscal Affairs 5th Floor, 215 348-6029 Carmen Thome, Deputy Court Administrator, Resource Management 5th Floor, 215 348-6062

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Rhona G. Nagelberg, Esquire, Senior Legal Review Officer, Law & Research, 5th Floor, 215 348-6031 Stephen D. Watson, Esquire, Assistant Legal Review Officer, Law & Research, 5th Floor, 215 348-6411

Responsibilities: In addition to advising the Court on all aspects of civil, criminal and Orphans’ Court procedure, the Law & Research staff review and approve or reject all documents filed in the Prothonotary's office that require Court action. Once such a document is filed it is forwarded to the Law & Research office to ensure its compliance with local and state rules. If the document passes review it is initialed and passed into the system. If the document is unacceptable it is given a cover sheet indicating the reason for the rejection, and returned to counsel. Note: The Law & Research Office’s resources do not permit them to accept telephone calls. Inquiries concerning procedure are discouraged, as the answers to most questions are readily apparent from the rules. If necessary, inquiries can be mailed or faxed.

Joanne Miley, Assistant Court Administrator, Calendar, 5th Floor, 348-6040 Responsibilities: Civil Trial List, Non-jury/Equity Trial list, Hearing Dates, Arbitration Lists and Court Calendar. Patricia L. Bachtle, Prothonotary, 2nd Floor, 348-6191

B. Court Calendar. A copy of the court calendar is available at the Prothonotary's office. There are two trial lists, “A” and “B”, which each last for two weeks. Arbitration and miscellaneous matters are scheduled in between the trial lists. If a trial is continued it will be re-listed on the same list, i.e. four weeks later.

III. COMMENCING A CIVIL ACTION, SERVICE AND SUBSEQUENT PLEADINGS A. Filing All legal papers must be filed in the Prothonotary's office. B.C.R.C.P. No. 205.2(a)(1). Any legal paper that requires action by a judge must have a backer (usually blue) measuring at least 8½ x 11 inches. B.C.R.C.P. No. 205.2(a)(2). The caption of any legal

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paper must contain the entire docket number of the case including the assigned Judge's number. B.C.R.C.P. No. 205.2(a)(3). Please note that mailing a pleading, motion or brief directly to the assigned judge does not constitute filing. Such action will not toll the time to file.

Local Rule 1018.1(c)*(I) requires the Notice to Defend mandated by Pa.R.C.P. No. 1018.1 to identify the Bucks County Bar Association as the agency to contact for legal assistance. All filings that commence actions must be accompanied by an informational Cover Sheet in a form prescribed by the Administrative Office of Pennsylvania Courts. Pa.R.C.P. No. No. 205.5. A current list of filing fees is available from the Prothonotary.

All pleadings must be verified and local rule requires a verification to be dated. B.C.R.C.P. No. 1024*(e). An attorney who is also a notary or a district justice may not take an affidavit to a pleading in which she or anyone in her firm is counsel. B.C.R.C.P. No. 206.3*(a).

In actions in which a claim for malpractice is raised against a licensed professional, a certificate of merit (as defined in Pa.R.C.P. No. 1042.3) must be filed with the complaint or within sixty days thereafter. If the certificate is not filed as required, a judgment of non pros may be entered on behalf of the professional. Note that special venue rules apply to medical malpractice claims. Pa.R.C.P. No. 1006(a.1) requires such actions to be filed in the county in which the action arose.

B. Service Service of original process must be made in compliance with Pa.R.C.P. No. 400 et

seq. B.C.R.C.P. No. *286 mandates that service of papers other than original process conform with Pa.R.C.P. No. 440 and 441. With the exception of accounts, every paper filed with the Prothonotary must be timely served on the other party (B.C.R.C.P. No. 208.2(a)(5) and *286). Petitions and rules to show cause must be served at least ten days before the date fixed for return. B.C.R.C.P. No. 206.4(c)(2).

Service of original process must be made through the Sheriff’s office located on the first floor of the Courthouse. After filing a praecipe for service with the Prothonotary, an order for Service is given to the clerk in the Sheriff’s office. The Sheriff’s fee must be paid at the time the order is presented and may be made by cash, certified check or attorney/firm check. Fees will vary depending on mileage (calculated as distance from the Courthouse) and the number of persons to be served. Attorneys are advised to contact the

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Sheriff’s Department Office Manager for specific fee information. Failure to comply with the requirements of local rules regarding service of original process constitutes a failure to toll the statute of limitations. Cahill v. Schults, 643 A.2d 121 (Pa.Super. 1994) (interpreting Bucks County Procedure). After the order for service is filed, the Sheriff’s office has thirty days within which to attempt service. A Return of Service form will be mailed to the attorney listed on the order for service stating the manner in which service was made and the time and money spent. If service was attempted, but not effected, the date(s) service was attempted along with a short explanation will be listed.

Information regarding return of service is available over the phone, as the actual return may take four to six weeks for processing. Attorneys are advised to wait at least twenty days before calling the Sheriff’s Department Office Manager.

Service by publication is perfected by publishing the appropriate notice once in the Bucks County Law Reporter and in one newspaper of general circulation within the county (B.C.R.C.P. No. *285). Service by publication must be in such a manner that the person served shall have at least five days after the publication in which to act. Id.; but see Pa.R.C.P. No. 1026, 1037, and 237.1.

When a person has been served, proof of service must appear on the record in order for the Court to take action. If service of original process was by sheriff, a return of service will be automatically sent by the sheriff to the Prothonotary's office, and will appear on the docket. If service was not by sheriff, meeting the requirements of Pa.R.C.P. No. 405 (Return of Service) is the responsibility of the person making service. Absent a defendant's agreement to accept service (Pa.R.C.P. No. 402(b)), or an Order permitting alternative service (Pa.R.C.P. No. 430), service must be by sheriff, unless the defendant is to be served in Philadelphia (Pa.R.C.P. No. 400.1).

Pa.R.C.P. No. 440 - 441 and Local Rules 206.4(c) and 208.3(a)(4) govern service of legal papers other than original process. The local rule requires that every Petition and Rule to Show Cause be served at least ten days before the time fixed for the return absent special authorization by the Court. B.C.R.C.P. No. 206.4(c) and 208.3(a)(4). Affidavits of service may either be sworn or executed in conjunction with a statement that the representation(s) are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Pa.R.C.P. No. 76.

B.C.R.C.P. No. 2205*(a)-*(b), concerning actions for Wrongful Death, requires notice to be served on each person entitled to recover damages. The notice shall bear the name of

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the decedent, the court term, and number. Anyone so served may object to the authority of the named plaintiff and petition the court to appoint a new plaintiff. The affidavit of service in Wrongful Death actions must be filed within five days after service or within five days of the date the certified or registered mail return receipt signed by the addressee is returned to plaintiff.

B.C.R.C.P. No. 2232(a)*(1) establishes the procedure to be followed in cases governed by Pa.R.C.P. No. 2228, relating to the mandatory joinder of actions brought by related plaintiffs. The notice to the potential plaintiff must be sent by the defendant within twenty days of service of the complaint on the defendant. Subsection (2) of the rule sets forth the information required. If the time to join an additional defendant has expired, the attorney seeking joinder must file a Petition and Rule to Show Cause why a late joinder should not be granted. B.C.R.C.P. No. 2232(c)*(1). Likewise, a mis-joined party or one against whom no relief has been sought may be dismissed on motion of counsel after the filing of a Petition and Rule to Show Cause. B.C.R.C.P. No. 2232(b)*(1).

If pleadings are amended before trial they must be executed, verified, and filed in their amended form unless leave of court is granted or the parties agree. B.C.R.C.P. 1033 *(a). This does not apply to pleadings amended at trial.

Counsel are advised to enter their appearance as soon as possible and to demand a jury trial, if appropriate at that time, in order to preserve that right. A jury shall consist of eight members, and shall continue so long as six jurors remain in service, after which a mistrial shall be declared. B.C.R.C.P. No. *254(a). The right to trial by jury of twelve shall be preserved if demand is made not later than twenty days after service of the last permissible pleading. B.C.R.C.P. No. *254(b). This rule closely follows Pa.R.C.P. No. 1007.1(a), which also states that the right to trial by jury is waived if the demand is not filed within this time.

C. Parties

When a claim against a licensed professional is asserted, the licensed professional must be identified as such in the complaint. See Pa.R.C.P. No. 1042.2(a). If a named party dies after commencement of suit, Pa.R.C.P. No. 2355 sets forth the procedure and form to be used to note that fact of record.

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IV. PRELIMINARY OBJECTIONS Preliminary objections may be endorsed with a notice to plead and are governed by

B.C.R.C.P. No. 1028(c). Preliminary objections subject to the pleading requirements of Pa.R.C.P. No. 1026 may not be moved for disposition until the pleading period has expired.

When the preliminary objections are ready for disposition, the following should be filed with the Prothonotary:

1. a Rule 208.3(b) praecipe in the form provided by the rule (208.3(b)(7)); 2. a brief or memorandum of law in support of the preliminary objections; 3. an affidavit of service giving the addresses at which all attorneys of record

and unrepresented parties were served; and 4. a copy of the preliminary objections along with a proposed order.

After the Rule 208.3(b) Praecipe and accompanying documents are filed, opposing parties have ten days within which to file responsive briefs. After the ten-day period has passed the court file will be forwarded to the assigned judge for disposition. Note that if a party fails to file a responsive brief within the ten-day period, they may be deemed to have waived the right to oppose the objections unless the assigned judge grants an extension of time within which to respond or a briefing schedule is set.

B.C.R.C.P. No. 210(a) provides a suggested format for briefs including the following headings:

1. History of the Case (a brief statement of facts); 2. How the Question is Raised (procedural history); 3. Questions Involved (succinct statements in separate paragraphs); 4. Argument; and 5. Conclusion. While oral argument may be requested on the Rule 208.3(b) praecipe or by the

respondent within the ten day period, argument is granted in the Court’s discretion and is generally not preferred unless the matter involves truly unique or complex legal issues.

V. DISCOVERY

A. Interrogatories Standard interrogatories for personal injury and product liability cases are set forth

in B.C.R.C.P. No. 4005(c)*(1)(i). If necessary, additional interrogatories may be composed

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by counsel. The Court may entertain motions for sanctions if objections are filed to standard interrogatories. Id. Answers to interrogatories should be made in accordance with the Pa. Rules of Civil Procedure. Counsel should note that in recent years the Bucks County Bench has grown less patient with unnecessary discovery battles and more inclined to impose sanctions where warranted. Counsel are urged to make all reasonable efforts to resolve discovery disputes among themselves before seeking Court intervention.

Interrogatories and other discovery are not filed unless relevant to a Motion or other pretrial proceeding, ordered by the Court, or required by statute. Pa.R.C.P. No. 4002.1. The Prothonotary will not accept discovery or discovery notices for filing without Court Order.

B. Letters Rogatory The court may issue letters rogatory upon the application of either party. B.C.R.C.P.

No. 4015(d). The form for application is contained in the rule.

C. Depositions The general rule is that unless the parties agree to hold depositions at some other

mutually convenient location they must be held at the Courthouse. Kaveski v. McLaughlin, 21 B.C.L. Rptr. 357 (1971). In that case it was held that no party should be forced to give a deposition in the “enemy's camp”. Id. Depositions can be scheduled at the Courthouse by calling 215 348-6411. Unfortunately, space is limited for such depositions. Use of attorneys' offices is therefore suggested. On the day scheduled for a deposition attorneys customarily meet in the second floor (Main) lobby along with their clients and court reporters before proceeding to the deposition room.

Due to a shortage of storage space the original transcript of the deposition is not to be filed with the Prothonotary. B.C. Civil Administrative Order No. 20; Pa.R.C.P. No. 4002.1. Instead, the court reporter files a Certificate stating the name(s) of the deponent(s), the number of pages in the transcript, the date, time and place of the deposition, and the names of counsel present along with the name of the attorney who received the original and copies. After this certificate is entered on the docket, the attorney who ordered the deposition is required to keep the original until the case is terminated. When a motion for Summary Judgment or any other motion or objection is before the Court and the Court is needs to review the transcript, the original transcript must be filed. When the matter is

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placed on the trial or arbitration list the original transcript must be filed as well. B.C. Civil Administrative Order No. 20.

VI. PRE-TRIAL MOTION AND PETITION PRACTICE

All motions and petitions complying with applicable local and state rules will be forwarded to the judge assigned to the case upon the original filing for appropriate action. The judge assigned to the case is designated in the docket number by a two digit number appearing to the right of the case number. It is important to include the complete docket number on any filing in order to ensure that it is directed to the proper judge. B.C.R.C.P. No. 205.2(a)(3). All motions must aver which statute, rule of procedure or other authority forms the basis of the motion, unless the authority is self-evident. B.C.R.C.P. No. 208.2(c).

A. Discovery Motions With the exception of Objections to Discovery as discussed below, Discovery matters are generally not decided pursuant to Rule 208.3(b).

If discovery requests have not been answered or objected to, or have been insufficiently answered, a two step process may be followed by the party seeking to compel answers or asking for sanctions. B.C.R.C.P. No. 4019(g)(1)*(a) and *(b). NOTE: This procedure is not applicable to Motions to Determine Objections to Discovery. Such motions are governed by Rule 208.3(b).

1. Motions to Compel. The moving party files a motion to compel along with a proposed order. The motion should set forth the type of discovery, the date it was propounded, and a statement that the information sought is discoverable and necessary for preparation of the movant's case. The proposed order should direct the responding party to provide answers within twenty days, or file a motion for a hearing within ten days of service of the order. It is incumbent upon the non-moving party to file a Motion for Hearing once the order is signed, if that is desired. A hearing should only be requested if there are extenuating or unusual circumstances in the case. A hearing should not be sought for the purpose of raising an objection to a discovery request; this is accomplished by responding to the discovery with a timely, written objection. Similarly, protective orders are obtained by Motion and Rule, not through a hearing.

2. Motions for Sanctions. If the responding party does not comply by providing the requested discovery or requesting a hearing within 10 days of service of the

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judge's signed order, a motion for sanctions may be filed. The motion should detail the nature of the discovery sought, the date it was prepared, the date the order compelling answers was served, and the other party's noncompliance. The motion for sanctions should be accompanied by an order fixing a hearing date, as well as a proposed order imposing sanctions. Notice should be mailed to all counsel at least ten days before the hearing via First Class Mail. The party subject to sanctions must receive notice directly by both First Class Mail and Registered Mail Return Receipt Requested. B.C.R.C.P. No. 4019(g)(1)*(b).

Neither of the Motions discussed above needs to be accompanied by a Memorandum of Law or any history of efforts expended to obtain answers before court intervention was sought. However, counsel should be prepared to address both points if a hearing takes place.

3. Discovery Motions Court. Local Rule 4019(g)(1)(c) provides for an alternative to the procedures set forth in rules 4019(g)(1)(a) and (b). Rather than proceeding in the manner set forth above, under rule 4019(g)(1)(c), any party in a civil action (excluding Family Court actions) may present its discovery-related motion in discovery motions court. Discovery motions court will be held each Friday afternoon, and will provide each party the opportunity to be heard by the Court on discovery matters prior to entry of an order.

Notice of the intent to present a motion in discovery motions court must be served on opposing counsel, or in the case of a motion seeking sanctions against a party, on opposing counsel and the party against whom sanctions are sought. The notice must be provided not later than the Friday prior to the intended date of presentation, and a certification of compliance must be attached to the motion indicating the date and manner of service as well as the individual(s) upon whom service was made. Motions brought in Discovery Motions Court are subject to B.C.R.C.P. No. 208.2(e), which provides that the specific efforts to resolve the discovery dispute without court involvement must be alleged in the motion, and any and all writings evidencing such efforts must be attached to the motion. Rule 4019(g)(1)(c) requires that at least one writing be sent to the responding party regarding the discovery dispute at issue prior to proceeding to motions court.

B. Motion for Judgment on the Pleadings/Motion for Summary Judgment Disposition of Motions for Judgment on the Pleadings is governed by B.C.R.C.P. No.

1034(a). A Motion for Judgment on the Pleadings must identify the reasons upon which it

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is based. B.C.R.C.P. No. 1034(a)*(1). Disposition of Motions for Summary Judgment is governed by B.C.R.C.P. No.

1035.2(a). Such motions are governed generally by Pa.R.C.P. No. 1035.1 - 1035.5.

C. Petitions Pa.R.C.P. No. 239.2 requires that each Court promulgate specific local rules

governing the physical characteristics, form, and disposition of Petitions and Memoranda, and the procedure for the issuance of a Rule to Show Cause. Technically, the only types of “petition” in Bucks County are Petitions to Open Default Judgment and Judgment Non Pros. Pa.R.C.P. No. 206.1(a)(1). Bucks County classifies all other applications as motions.

The procedure for disposition of petitions in Bucks County is set forth generally in Pa.R.C.P. No. 206.4 - 206.7, specifically by Rule 206.5. The Court reviews each Petition when filed and, assuming that the petition alleges prima facie grounds for the Court to grant the relief requested, issues a Rule to Show Cause in its discretion. If there is a factual dispute presented requiring development of a record prior to disposition of the petition, a deadline for developing the record may be included in the Rule to Show Cause. The Petition is then decided in accordance with Pa.R.C.P. No. 206.7 and B.C.R.C.P. No. 208.3(b).

Although the form presented by Pa.R.C.P. No. 206.5 suggests an automatic response deadline of twenty days, Bucks County assigns a Rule returnable date. The Rule to Show Cause reflecting the return date set by the Court must be served on respondents at least ten days before the return date. B.C.R.C.P. No. 206.4(c). Note that service of the Rule is complete upon mailing. Pa.R.C.P. No. 440(b).

It is important to note that petitions will proceed to final disposition by the Court pursuant to B.C.R.C.P. No. 208.3(b) only.

D. Motions

Technically, almost all applications are considered “motions” in Bucks County. In general, the procedure and disposition of motions will be governed by the procedural rule or statute specific to that type of motion. Upon filing, all other motions will be handled by the Court in one of the three following manners: issuance of a Rule to Show Cause (B.C.R.C.P. No. 208.3(a)(1)), scheduling of a hearing (B.C.R.C.P. No. 208.3(a)(2)), or entry of an Order disposing of the Motion (B.C.R.C.P. No. 208.3(a)(3)).

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Pursuant to Pa.R.C.P. No. 208.2(b), “motions need not be verified unless verification is required by general rule governing the particular motion or by order of court.” We do not read this to mean that verification will never be required for any application, and in fact encourage continued use of verifications. As a specific example, Motions for Alternate Service are required to contain an Affidavit. Pa.R.C.P. No. 430. Accordingly, and notwithstanding Rule 208.2(b), a verification or affidavit will be required for such a motion.

E. “Walking Through” a Motion or Petition Bucks County Court does not favor the "walking through" of motions and petitions

and, in fact, strongly discourages it except in situations of genuine emergency. Nevertheless, the procedure is as follows:

1. Have the original and at least one copy clocked in at the Prothonotary's office. Keep the time-stamped original and leave a copy with the Prothonotary.

2. Take the original petition/motion and order to Douglas R. Praul, Esquire, on the 5th floor of the courthouse. Have Mr. Praul or a staff member review the documents for compliance with state and local rules. If the documents are acceptable, they will be initialed.

3. If a conference with the assigned judge is sought proceed directly to that judge. If the petition/motion requests a hearing go to the 4th Floor Office of Court Administration and see Joanne Miley or a member of her staff to be assigned a hearing date.

4. After obtaining a hearing date go to the assigned Judge's chambers to obtain his signature on the order.

5. Finally, return to the Prothonotary with the signed order and petition/motion and file it. At the same time pick up the time-stamped copy and have the Prothonotary's staff conform it.

PLEASE NOTE: Reserving the "walking through" process for true emergencies and

other unusual circumstances only will increase your credibility around the courthouse. Petitioner is responsible for serving notice of the hearing date on all parties.

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F. Rule 208.3(b) In the following situations, applications are decided by the judge assigned to the case

pursuant to B.C.R.C.P. No. 208.3(b): 1. Preliminary Objections (B.C.R.C.P. No. 1028(c)), 2. Motions for Summary Judgment (B.C.R.C.P. No. 1035.2(a)), 3. Motions for Judgment on the Pleadings (B.C.R.C.P. No. 1034(a)), 4. Objections to Discovery, and 5. Petitions to which a response has been filed (B.C.R.C.P. No. 206.4(c)(4)). Again, please note: Rule 208.3(b) does not apply to Motions to Compel or Motions for

Discovery Sanctions. Further, please note that a Motion for Summary Judgment is not considered "at issue" when filed.

Unless the requirements of Rule 208.3(b) are met, the Prothonotary will not forward a matter to the assigned judge for disposition. First and foremost, the matter must be "at issue and ready for decision." This means that an actual controversy has been joined, requiring adjudication of an issue on which the parties are advancing opposing positions. Certain filings, such as a Motion for Judgment on the Pleadings, are considered "at issue" at the time they are filed, because by their nature they present a controversy. Hence it is permissible to file a Rule 208.3(b) Praecipe at the time the Motion is filed, although it is not required. Other documents generally do not immediately join an issue, and therefore the filing party must wait either the ten days provided for in Rule 208.3(b), or the time provided in a Rule of Procedure, Rule to Show Cause, or Court Order to file a Rule 208.3(b) praecipe. However, if a Rule to Show Cause has been issued with regard to an application, and no response has been filed by the return date, a Rule 208.3(b) Praecipe is not indicated, because the lack of opposition means no controversy has been joined. Instead, a Motion to Make the Rule Absolute should be filed. See B.C.R.C.P. No. 206.4(c)(4) and 208.3(a)(2). A document moved for disposition pursuant to rule 208.3(b) must be accompanied by:

1. A memorandum of law; and 2. A Certificate of Service stating that copies of the package have been served

on all counsel and unrepresented parties. The original Motion and/or Petition should have included a proposed Order as well

as any supporting documents or exhibits. Last, note that Rule 208.3(b) only allows ten days response time, once the Praecipe

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has been filed. Respondents must file their responsive briefs within that ten-day period or risk having the court deem any argument waived. Extensions of time to file a response must be obtained from the court prior to the expiration of the ten-day period.

If the moving party files a motion and the motion is "at issue and ready for decision", but the moving party takes no steps to file a Rule 208.3(b) Praecipe, the non-moving party may take action under B.C.R.C.P. No. 208.3(b)(5). The non-moving party must send notice to the moving party that unless the moving party files the appropriate praecipe within ten days the non-moving party will file a praecipe to dismiss the motion. Ten days after notice is given, the non-moving party may file a praecipe asking the court to dismiss the motion for failure to comply with Rule 208.3(b). This device enables non-moving parties to avoid having their opponent delay a case by filing a Motion and then refusing to move it for disposition.

As noted, supra, oral argument is not usually granted absent unique or complex legal issues. Nevertheless, the moving party may request oral argument in the praecipe and the non-moving party may request oral argument at any time during the ten-day response time.

VII. DISPOSITION OF SPECIFIC MOTIONS AND PETITIONS

A. Petition for Approval of Minor’s Compromise In Bucks County, the Court must approve a settlement proposed on behalf of a

minor. A Petition for Minor's Compromise must include: 1. a description of the incident giving rise to the cause of action, along

with the nature of the injuries sustained; 2. the extent of recovery from the injuries, supported by medical reports; 3. an itemization of expenses incurred in the treatment of the injuries

and the prosecution of the action; 4. substantial justification for any counsel fees and expenses in excess of

25% of the gross recovery attributable to the minor; and 5. an order for a hearing.

B.C.R.C.P. NO. 2039(a)*(1). A guardian's consent and a proposed court order must also be filed.

Minor's Compromise actions must be filed in Orphan's Court by petition or through

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the civil division by the filing of a writ of summons or complaint. Hearings are scheduled by the assigned Orphans’ Court Judge for all matters, but waiver of hearing may be requested in matters in which the settlement amount is $1,500 or less. The minor's presence is required at hearing.

Minor's Compromise hearings will involve the Judge's examination of the proposed settlement to determine its fairness. Consideration will be given to liability, extent of injury, permanency, and future expense.

Structured settlements are strongly recommended in Minor's Compromise Actions. Remember, counsel will be required to file proof with the court that the money is placed into an account or annuity in the MINOR'S NAME ONLY. The Court requires that proof be both filed and sent directly to chambers.

In Bucks County, requests for counsel fees in excess of 25% in cases which do not go to trial are NOT FAVORED. Counsel requesting higher fees should come to the hearing prepared to justify their request.

B. Petition for Approval of Transfer of Structured Settlements The provisions of 40 Pa.C.S §4003 and Pa.R.C.P. No. 229.2 govern applications to

transfer structured settlements rights. The statute requires Court approval for assignment of rights in a structured settlement. Taken together, the statute and rule also impose rigorous, if not onerous, requirements upon anyone who wishes to obtain a cash advance on future payments. Presumably, the statute was enacted to prevent the victimization of structured settlement owners who are desperate for funds either through circumstance or mismanagement.

Perhaps the most useful function counsel can perform for a client looking to cash in part or all structured settlement is to explore alternative sources of funding. Typically, those companies offering to lend against a structured settlement do so at extraordinary interest rates, presently in the range of 20% and upwards annually. Moreover, the tax consequences of such a transaction must be examined closely, inasmuch as the transaction may give rise to a capital gains tax.

Follow very carefully the requirements of the rule and the statute for notice and the contents of the application to the Court. There are numerous pitfalls for the unwary.

Once the application has been filed correctly, the Orphans’ Court will schedule a hearing. Counsel should be prepared to establish that the transaction is being made

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knowingly and voluntarily, and that all required notices, waivers, etc., have been given. C. Petitions for Approval and Distribution of Wrongful Death and Survival

Settlement Proceeds 1. Governing Statutes

42 Pa.C.S.A § 8301 governs wrongful death actions. Section 8301(a) describes the purpose for a wrongful death action:

[T]o recover damages for the death of an individual caused by the wrongful or negligent conduct of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.

42 Pa.C.S.A. § 8301(a).

Accordingly, the wrongful death action is designed to compensate survivors, i.e., the spouse, children (who are in a family relationship with the parents at the time of death) or parents of a decedent for their loss resulting from the decedent’s death, including intangible losses. 42 Pa.C.S.A. 8301(b). The action may also compensate the beneficiaries for special damages such as reasonable hospital, nursing, medical, funeral expenses and expenses of administration occasioned by the injuries causing the decedent’s death. 42 Pa.C.S.A. § 8301(c). If there are none of the beneficiaries specifically designated by § 8301(b), the action may be brought by the personal representative of the decedent to recover the special damages listed in § 8301(c). 42 Pa.C.S.A. § 8301(d).

Damages recovered pursuant to a wrongful death action are not part of the decedent’s estate and are not subject to any claims or liens against the estate, including Pennsylvania Inheritance Tax. Damages are distributed to the beneficiaries in the proportion that they would take of the decedent’s intestate estate. 42 Pa.C.S.A. § 8301(b). In practice, however, the Court may approve of a proposed distribution varying from a strict intestate scheme where all parties in interest have consented to the distribution.

Court approval of all wrongful death actions is not technically required by the Rules of Civil Procedure. Pa.R.C.P. No. 2206 (requiring approval of death actions only where

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minors or incapacitated persons are parties). The practice of the Court, however, is that all wrongful death settlements are subject to Court review and approval. Bucks County Orphans’ Court Manual, Second Edition, 1998, p. 226 (“Bucks O.C. Manual”).

42 Pa.C.S.A. § 8302 establishes the absolute rule of survival of actions in the Commonwealth. Section 8302 simply states, “All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or the defendant, or the death of one or more joint plaintiffs or defendants.” The survival action is meant to compensate the decedent, not his survivors, for the decedent’s actual losses. The action must be brought by the decedent’s personal representative, and need not be related to the cause of the decedent’s death. Proceeds of a survival action are payable to the estate of the decedent, and are subject to creditors claims and all applicable death taxes. Court approval of settlement is mandatory for survival actions. 20 Pa.C.S.A. § 3323. While statute allows the civil court to approve settlement, Bucks County practice is that the Orphans’ Court division handles all petitions for approval of survival settlements. Bucks O.C. Manual, p. 227. Upon approval, the personal representative must file a copy of the order approving of the settlement with the Register of Wills that appointed him. 20 Pa.C.S.A. § 3323 (b)(3).

2. Venue and Jurisdiction Bucks County practice is that in all but the most unusual circumstances, the

Orphans’ Court division handles Petitions for Approval of Wrongful Death and Survival Settlement and Allocation. If the matter is pending before the civil division when settled, the petition should be filed with the Office of the Prothonotary. If, however, no action has been filed in the civil division prior to settlement, the petition is filed originally with the Clerk of Orphans’ Court.

In the past, hearings have NOT been generally required regarding Wrongful Death and Survival Allocations. However, the Court has recently begun scheduling hearings in matters in which one or more of the beneficiaries of the wrongful death settlement are minors, and also in matters in which the Commonwealth or any other interested party objects to the proposed allocation or distribution. Hearings may also be required in other circumstances, in the discretion of the Court.

3. Filing Requirements File in the appropriate office:

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(1) Verified Petition for Approval and Distribution of Wrongful Death and Survival settlement containing all averments required by Bucks O.C. Manual, Form 11.2 (see forms appendix, along with the checklist for approving such petitions utilized by the Court);

(2) Proposed distribution order strictly complying with the content of Form 11.2; and

(3) Appropriate exhibits and attachments (see checklist attached hereto):

• Decree of the Register of Wills appointing personal representative;

• Medical records/police report/other documentation of the nature and cause of decedent’s death;

• Decedent’s will, if a will was admitted to probate;

• Fee agreement between counsel and petitioner;

• Letter from the Pa. Department of Revenue approving of the requested allocation of the settlement amount; and

• Letter from the Pa. Department of Welfare stating that there is no DPW lien against the settlement.

Ensure that verifications are taken by petitioner, not counsel, or otherwise comply with Bucks O.C.R. 4.3A2. 4. Common Errors

a) Ensure that the caption appearing on your filings is in the correct form for the division of Court in which you are filing. Orphans’ Court filings are not captioned in an adversarial manner, but are headed with a simple “In re:” title.

b) Ensure that verifications comply with Bucks O.C.R. 4.3A2.

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c) Check your math. The Court will not make any major mathematical alterations to proposed orders. If the numbers do not add up, your petition will be returned.

d) Comply strictly with the form distribution order provided by the Court. While the proposed order you submit may contain most of the appropriate substance, approval is greatly facilitated (and return is far less likely) when the forms approved and recommended by the Court are used.

e) Use the forms that accompany the published local rules as a guide to determine what allegations are necessary in your petition.

f) Itemize the total costs claimed by counsel in the petition, providing specific amounts and reasons for those costs.

g) Both the order and petition must set forth the relationship(s) of any wrongful death beneficiaries to the decedent, as well as a specific amount payable to each individual beneficiary. This means no percentages, fractions, or single amounts to be shared by more than one person. For example, “To A. and B., parents of the decedent, $50,000.00” is incorrect under this guideline. “To A., father of the decedent, $25,000.00, and B., mother of the decedent, $25,000.00” is correct.

h) If your settlement involves payment to a minor, your proposed order must use the language of restriction for a minor’s deposit/account that has been approved by the Court.

i) If payment is in the form of an annuity, include the name of the annuity issuer, present value/purchase amount of the annuity, and the schedule of dates and amounts of payment thereunder, on the proposed distribution order. Attach a credit rating report and a specimen annuity contract for the entity issuing the annuity.

j) Ensure that the Department of Revenue approval letter reflects the precise amounts that are reflected on your proposed order. Any deviation is ground for return of the petition.

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k) If the Department of Public Welfare objects to the allocation and distribution requested, attach an Order for Hearing.

D. License Suspension Appeal 1. Governing Statute 75 Pa.C.S.A. § 1550(a) and (b) provide the general authority for appeals and for supersedeas of suspension orders pending such appeals. 75 Pa.C.S.A. § 1550(a) provides that an appeal of a determination by the department of transportation suspending (for the purpose of these materials, the term “suspension” will include revocation, recall, disqualification and cancellation of license/registration) a driver’s license or registration may be taken as of right and in the “court vested with jurisdiction” of such appeals. Pursuant to 1550(b)(1)(i), a supersedeas will issue automatically in cases involving driver’s licenses or registration, upon filing and service of a petition for appeal. However, note that a supersedeas does not issue upon filing when the license/registration has been suspended pursuant to sections 1503, 1504, 1509, 1514, 1519, and 1572 of the Vehicle Code. 75 Pa.C.S.A. § 1550 (b)(1)(ii). In such circumstances, an initial hearing will be held to determine whether supersedeas will issue. The Commonwealth does not generally appear at these hearings to oppose supersedeas. In all appeals, supersedeas will not issue until and unless a petition for appeal from the suspension has been filed in the appropriate jurisdiction. 75 Pa.C.S.A. § 1550(b)(1)(iii). Accordingly, appeal of the conviction that resulted in the suspension does not act as a supersedeas of the suspension order. Finally, in cases of suspension of commercial privileges, supersedeas will not issue automatically, but may be granted by the Court ex parte “upon a showing of reasonable likelihood of successful prosecution of the appeal.” 75 Pa.C.A. § 1550(b)(2). 2. Venue and Jurisdiction 42 Pa.C.S.A. § 933 mandates that the proper venue for license suspension appeals is the county of the residence of the appellant, except in cases of suspension for chemical test refusal (75 Pa.C.S.A. § 1547). In these cases, venue lies in the county in which the arrest was made.

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In appeals from suspension of a business permit, certificate, or license (inspection stations, salvors, messenger services) venue lies in the county in which the affected place of business is located. 3. Filing Requirements File in the Office of the Prothonotary:

(1) Verified Petition for Appeal; (2) Proposed final order; and (3) Order for Hearing (if your appeal is of a suspension under

any of the provisions listed in 75 Pa.C.S.A. § 1550(b)(1)(ii), then two orders for hearing must be attached – one pertaining exclusively to whether supersedeas will issue, one pertaining to the appeal itself);

Attach the Notice of Suspension as an exhibit, and ensure that all documents comply with B.C.R.C.P. 205.2(a)(2) and 205.2(a)(3). 4. Common Errors

a) File within 30 days of the mail date, not the date of receipt, of the suspension notice. If you have not filed your appeal within 30 days of the mail date of the suspension notice, your appeal will be considered nunc pro tunc, i.e., its substance will not be considered until the issue of whether there is excuse for the untimely filing has been addressed at a hearing. If excusable delay for untimely filing exists, the Court will consider the substantive appeal at the same hearing. In the alternative, appellant may proceed by Motion and Rule to Show Cause (why appeal should not be considered nunc pro tunc).

b) Ensure the filing deadline is properly calculated. c) If the suspension is the result of a violation of § 1547,

specifically allege the jurisdiction in which the arrest was made (if the arrest was not made in Bucks County, do not file in Bucks County).

d) If the suspension is not the result of a violation of § 1547, make sure that the address provided for appellant is in Bucks County, or that any discrepancy between a Bucks County

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address claimed by appellant and an out-of-county address used on the Dept. of Transportation mailing (or vice versa) is explained.

e) Make sure that if the petition alleges that the suspension notice is attached as an exhibit, it is attached, and that the document attached is not a “restoration requirements” letter.

E. Petition for Judicial Change of Name

1. Governing Statute 54 Pa.C.S.A. §§ 701 and 702 are the statutory provisions governing name changes.

Section 701(a.1)(2) of the law provides that the petition must set forth the petitioner’s desire to change his or her name, the reason therefor, the present residence of the petitioner, and the petitioner’s residence for the five years preceding the petition. The spouse of the petitioner may join in the petition, in which case the spouse will also benefit from the change of name. As a practical matter, a single name change petition may also apply to any number of children of the same family. Upon filing of the petition, the Court will order (1) that a hearing be held on the petition no less than one month, but no more than three months, from the date of filing, (2) that a notice of the dates of the filing of the petition and the hearing thereon be published in two newspapers of general circulation in the county (one of which may be the legal publication for the county), and (3) that notice also be provided to any non-petitioning parent of a minor child that would be affected by a name change. With regard to parental notice, certified mail is generally acceptable if an address for the non-petitioning parent is readily ascertainable.

Section 701(a.1)(4) of the law provides that at the hearing, any lawful objection to the name change will be heard. Further, the petitioner must present proof at the hearing (1) that the notice was published in accordance with the Court’s order, and (2) that an official search has been completed in all counties in which the petitioner has resided within five years, showing that there are no judgments or decrees of record or any other matter of like character against the petitioner(s).

2. Venue and Jurisdiction Section 701(a.1)(1) clearly provides that the proper venue for a name change is the

county in which the petitioner resides at the time of filing.

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3. Filing Requirements

File in the Office of the Prothonotary: (1) Verified Petition for Name Change averring:

• Identity of petitioner;

• Relationship of petitioner to minor must be averred if the petition is filed on behalf of a minor;

• Present Bucks County residence, and all residences for the five years preceding filing (regardless of what any custody agreement or order says about jurisdiction, minors on whose behalf name change is requested must reside in Bucks County);

• Address of non-petitioning parent of any minor on whose behalf name change is requested must also be alleged;

• Desired change of name and reason(s) therefor;

• Whether there are any judgments, decrees, or other matter of like character against petitioner (regardless of age); and

• Whether any petitioner over the age of 14 has been convicted of any felonies;

(2) Proposed final order; and (3) Order for Publication and Hearing.

• Must provide for notice to the non-petitioning parent of any minor on whose behalf name change is requested

Ensure that all documents comply with B.C.R.C.P. 205.2(a)(2) and 205.2(a)(3). 4. Common Errors

a) Allege whether any petitioner over the age of 14 has been convicted of any felonies.

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b) Allege whether there are any judgments or decrees against all individuals affected by the name change, regardless of age.

c) Allege full addresses for the five full years preceding filing. d) Ensure that a minor is not named as a sole petitioner. e) If the name change affects a minor, ensure that any non-

petitioning parent’s address is included in the petition. If the address is unknown, attach evidence of a search for a good address pursuant to Pa.R.C.P. No. 430(a), note.

f) The Order for Publication in a petition affecting a minor must provide that the non-petitioning parent will receive notice of the filing of the petition and the date of the hearing.

g) The Order for Publication should either use the general language of publication contained in the statute, or name specific newspapers in which publication will be made. No “blanks” for the Court to fill in the names of publications, please.

F. Motion for Sanctions under Pa.R.C.P. No. 1023.1

1. Background Pa.R.C.P. No. 1023.1 authorizes the Court to levy sanctions in accordance with

Rules No. 1023.2 – 1023.4 against attorneys, firms and pro se parties for frivolous filings, i.e., filings that are intended to harass or delay, or are unsupported by fact or reasonable legal argument. Pa.R.C.P. No. 1023.1(d).

Rule 1023.1 discusses the applicability of the rule. An attorney or pro se party must sign “[e]very pleading, written motion, or other paper filed”. The only papers specifically exempted by the rule are discovery materials, which must be signed and verified nonetheless. Pa.R.C.P. No. 1023.1(a) and (b). The signature of the attorney or party certifies that to the best of the signor’s knowledge, information and belief, the filing:

(1) is not filed for any improper purpose, such as harassment, delay, or inflation of the costs of litigation;

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(2) is supported by either existing law, or a non-frivolous argument for a modification of existing law or establishment of new law;

(3) contains factual allegations which have evidentiary support or are reasonably likely to have evidentiary support after discovery; and

(4) contains denials of factual allegations that are supported by the evidence, or are specifically based on lack of information or belief.

Pa.R.C.P. No. 1023.1(c)(1) – (4).

Parties desiring to proceed under Rule 1023.1 should pay close attention the note following 1023.1(d). While you may prevail against the opposition on the merits of a particular motion, the fact that you prevailed does not render the opposition’s position regarding the motion either frivolous or sanctionable.

Do not confuse the certification of 1023.1 with verification of pleadings (Pa.R.C.P. No. 1024). While the certification is a procedural statement of the proper purpose and non-frivolity of a pleading, verification is a factual statement that all information (not of record) contained in that pleading is true and correct to the best of the signor’s information and belief. Accordingly, your signature on a document does not obviate the need for verification.

2. Procedure to Obtain Sanctions

Pa.R.C.P. No. 1023.2 describes a Motion for Sanctions under 1023.1. It must be a distinct pleading, describe the specific conduct in violation of 1023.1, and have a copy of the alleged frivolous or unsupported filing attached. Pa.R.C.P. No. 1023.2(a) and (b). Further, before any application for sanctions will be entertained, the applicant must certify to the Court that at least 28 days prior to the application for sanctions, written notice was provided to the signor of the alleged frivolous or unsupported filing that unless the filing was withdrawn, a motion for sanctions under 1023.1 would be filed. Pa.R.C.P. No. 1023.2(b). The written notice must set forth with specificity the basis for a belief that a 1023.1 violation occurred.

The Court may also on its own initiative enter a Rule to Show Cause against any attorney or party whom the Court believes to have violated 1023.1. Pa.R.C.P. No. 1023.3.

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3. Available Sanctions Rule 1023.4 describes the range of sanctions available to the Court to deter

repetition of conduct in violation of 1023.1. The rule specifically limits the sanction “to that which is sufficient to deter” future violation. Pa.R.C.P. No. 1024.4(a)(1). Sanctions may include:

(1) non-monetary directives – striking the offensive document or portion thereof;

(2) payment of a penalty into Court; or

(3) payment by the offender of some or all of the movant’s reasonable attorney’s fees incurred as a direct result of the violation.

Pa.R.C.P. No. 1023.4(a)(2)(i) – (iii).

Sanctions are not limited to the individual attorneys, but in all but exceptional circumstances are the responsibility of the firm for which the attorney works. Pa.R.C.P. No. 1023.4(a)(3).

Monetary sanctions may not be awarded against a represented party for a violation of 1023.1(c)(2) (pertaining to the legal basis for the pleading). Pa.R.C.P. No. 1023.4(b)(1).

The Court may not award monetary sanctions on its own initiative if the claim is dismissed or settled before a Rule to Show Cause issues. Pa.R.C.P. No. 1023.4(b)(2).

The Court must describe in its Sanctions Order the conduct that violated 1023.1 and the basis for the sanctions imposed. Pa.R.C.P. No. 1023.4(c).

4. Bucks County Practice

File with the Prothonotary:

(1) verified Motion for Sanctions under Pa.R.C.P. No. 1023.1;

(2) Rule to Show Cause (in blank);

(3) proposed final Order;

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(4) certification pursuant to Pa.R.C.P. No. 1023.2(b) (with a copy of the offending pleading attached).

Keep in mind that all filings must comply with B.C.R.C.P. No. 205.2(a)(2) and 205.2(a)(3). 5. Common Errors

a) Failure to provide 28 days written notice of the intent to file.

b) Failure to attach a Rule to Show Cause.

c) Failure to attach the certification of written notice.

d) Failure to attach a copy of the offending pleading.

e) Remember that Rule 1023.1 applies only to a signed document, the averments therein and the support (or lack thereof) for the position taken in that document. Sanctions for a course of action or conduct unrelated to specific pleadings but evidencing improper motive or malice are available under 42 Pa.C.S.A. § 2503.

G. Enforcement of Arbitration Award and Compelling Arbitration in cases

involving Consumer Credit Transactions under Pa.R.C.P. No. 1326 – 1331 1. Background

Rules 1326 - 1331 governing proceedings to compel enforcement of an arbitration award in consumer credit transactions took effect on February 6, 2006.

2. Applicability The rules apply only in the case of an arbitration decision regarding ”consumer

credit transactions” which for the purpose of the rule are credit transactions “in which the party to whom credit is extended is a natural person” and the subject of the transaction (whether “money, property or services”) is “primarily for personal, family of household purposes.” R. 1326(a). Note that while these rules apply only in limited circumstances, proceedings to enforce other types of arbitration awards are not foreclosed and will still generally proceed by motion and Rule to Show Cause.

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An application to confirm an arbitration award under the rules may only be filed if the party against whom the award was granted either attended the arbitration proceeding or signed a writing after initiation of the claim agreeing to submit the claim to arbitration (R. 1327(1)) or if the application is made to enforce an arbitration award entered following a Court order staying proceedings pending arbitration under R. 1329, which sets forth a two-step process, under a single civil action, for both compelling arbitration and confirming the award entered in the compelled arbitration proceeding (R. 1327(2)).

3. Procedure The rules allow applications to confirm arbitration to be filed either originally or as

ancillary to a pre-existing civil action to compel arbitration. a. Application to Confirm Award as Original Action

In cases in which the party against whom the award is to be enforced attended the arbitration or signed a writing agreeing to submit the claim to arbitration, the application will be an original action. R. 1328(a). The action will be commenced by a motion and attached Notice to File Answer (form prescribed by Rule 1331), which is a modified Notice to Defend setting forth that an answer to the motion must be filed within 30 days or a judgment may be entered against the recipient. R. 1328(b). Service must be in the manner provided for original service in a civil action. R. 1328(b). The motion must set forth “factual allegations establishing that the arbitration award was entered pursuant to Rule 1327(1).” R. 1328(c). If no answer is filed, judgment confirming the arbitration award shall be entered upon praecipe of the plaintiff. R. 1328(e). If there is an answer opposing the motion, the matter will be disposed of using the Court’s procedures for deciding motions (i.e., the beloved Bucks Co. R.C.P. Non 208.3(b)).

Procedurally, the two-fold effect of the rules on Bucks County practice is (1) to replace the Rule to Show Cause that would normally be issued by the Court with the Notice to Answer, and (2) to obviate the need for a Motion to Make Absolute in the absence of a timely answer in favor of the more streamlined process of entry of judgment upon praecipe to the Prothonotary.

b. Application to Confirm Award Ancillary to Civil Action According to Rule 1329, a plaintiff seeking to compel arbitration against a defendant

will proceed by commencing a civil action conforming to general rules governing such actions including those of service and venue, with exceptions as noted. R. 1329(a)(1). The

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complaint must include an allegation that the claims raised are subject to an agreement to submit such claims to arbitration. R. 1329(a)(2).

If there is no responsive pleading, the plaintiff may obtain a default judgment pursuant to Rules 237.1 and 1037. R. 1329(b).

If the averment that the claims are subject to arbitration is admitted, either party may file a praecipe directing the Prothonotary to enter a stay of the proceedings pending arbitration. R. 1329(c)(1).

If the defendant files preliminary objections or an Answer denying that the claims are subject to arbitration, the plaintiff may within 20 file a motion for rule to show cause why arbitration should not be compelled. R. 1329(c)(2). The motion will proceed under general motions practice, with the significant exception that the motion must contain a Notice to File Answer (form prescribed by Rule 1330), and will not proceed by a Rule to Show Cause. The filing of the motion will stay proceedings pending resolution of the motion. R. 1329(d)(1).

The defendant must file an answer to the motion within 20 days containing all grounds for defendant’s objection to arbitration. R. 1329(d)(2). If no answer is filed, the plaintiff may file a praecipe directing the Prothonotary to stay the matter pending arbitration. R. 1329(d)(3). If an answer is filed, the motion will be decided using the Court’s procedures for deciding motions, i.e., Bucks Co. R.C.P. No. 208.3(b). If the motion to compel arbitration is granted, the Court will enter an order both compelling arbitration and staying proceedings pending the arbitration. R. 1329(d)(4).

Any party may thereafter file a motion to confirm the award entered in the arbitration ordered by the Court under the same docket number. The motion will proceed in the same manner as an original application to confirm an arbitration award, with the exception that service pursuant to Rule 440 is acceptable. R. 1329(e)(1) – (5).

3. How Will These Rules Affect Your Practice? Unless you are routinely dealing with arbitrations occurring under consumer credit

card agreements, you will not be affected by these rules. Keep them in mind, but for all other motions to compel arbitration and/or enforce an arbitration award, Bucks County practice remains unchanged, i.e., proceed by motion and Rule to Show Cause.

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VIII. MOVING THE CASE TOWARD TRIAL

A. Jury Trials The first step toward getting a case listed for trial is service of notice of intent to list

the matter for trial on opposing counsel and unrepresented parties. B.C.R.C.P. No. *261. This is usually done by agreement or by the first party to feel they have finished discovery. After service of the notice, all other parties have fifteen days to object to certification. Parties wishing to take additional discovery delay certification by sending a discovery notice to all counsel and unrepresented parties. This notice must be in writing and state the nature and scope of any intended discovery. The sending of a discovery notice delays certification until the stated discovery is complete or sixty days elapse, whichever occurs first. If no notice is sent within fifteen days the case may be placed on the trial list. Once a party gives notice under Rule *261, any party may order the case onto the Trial list provided the other requirements of the Rule are satisfied.

In order to have a case placed on the general trial list counsel must file a Trial Praecipe. The praecipe shall include a certification that the case is ready for trial and an estimate as to the anticipated length of the trial. Conformed copies of the Praecipe must be given to the Court Administrator, opposing counsel and all unrepresented parties within 48 hours of filing. B.C.R.C.P. No. *261.

Once the Praecipe is filed an order is entered on all parties who are named on the praecipe. The order directs counsel to have a pre-trial conference to discuss the subjects listed in the order. The case should appear on a trial list about 4-6 weeks after the date the praecipe is filed.

B. Equity Cases and Non-Jury Trials Cases to be tried in front of a judge are placed on the trial list via praecipe pursuant

to Co. R.C.P. No. *261 and *265.

C. Specially Listed Trials The Court may fix trial dates by special order upon motion filed. B.C.R.C.P. No.

*257. The motion must give reasons why a special listing is required.

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IX. PRE-TRIAL AND SETTLEMENT CONFERENCES If all counsel agree that a settlement conference would be beneficial and if a judge is

available one may be scheduled. Requests should be made in writing to Joanne Miley confirming agreement by all counsel and conferences will be scheduled subject to the availability of judges.

The more common practice is for the judge to hold a pre-trial and settlement conference after the case is assigned to him or her for trial and on the day the case becomes attached. Counsel should come to the pre-trial conference with a pretrial memorandum. The assigned judge will expect counsel to know their cases and to have authority to settle if an agreed upon figure is reached. Unless the attorney has authority to settle, or has been instructed not to settle, it is a good idea to have the client present or at least available by phone. X. TRIAL LISTING

A. Pre-Trial Memorandum As noted, supra, after the trial order is signed all parties are required to hold a pre-

trial conference to discuss the points outlined in the pre-trial letter. After the conference and before the start of the trial term each party must file a pre-

trial memorandum with the Deputy Court Administrator. The requirements of the pre-trial memorandum are also set forth in the Pre-trial Order. Failure to conform to such requirements may result in the imposition of sanctions. B. Assignment to a Courtroom

When the trial list for a particular term is made up a copy is mailed to each attorney with a case appearing on that list, on the Thursday or Friday before the case is listed for trial, the court administrator will notify all counsel with cases in the "top ten". Once a case has reached the top ten, counsel and witnesses will be on two hours call to go to trial. Cases in the top ten are generally taken in order, subject to the time required for each case and the availability of judges.

C. Jurors A party is only entitled to a trial by twelve jurors if it has been demanded by

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endorsement on any pleading or by a separate filing by any party, so long as it is demanded no later than twenty days after the last permissible pleading. B.C.R.C.P. No. *254. If trial by twelve is not demanded, Bucks County Civil Juries consist of eight people. B.C.R.C.P. No. *254. Trial will continue until the number of sitting jurors falls below six whereupon a mistrial will be declared if requested. NOTE: It is not uncommon for counsel, at the Judge's suggestion, to agree to a jury of eight.

To insure a representative cross-section, jurors in Bucks County are drawn from numerous sources, including driver's license rolls, voter registration, welfare recipients and Medicaid recipients. The county uses a one day/one trial system of jury service. Jurors must serve either one full day or, if they are selected to a jury, the length of that trial.

D. Courtroom Assignment – Non-Jury Trials All counsel will be directed to report on the day the case is listed for trial. Cases are

assigned that day to the available judges.

E. Continuances As noted in the trial list letter, applications for continuances must be made in

writing. Faxed letters will also be considered. The letter must set forth the reason for the continuance and must state the position of the other parties. Unless counsel represents that all other parties have been contacted the request will not be considered. No continuances will be granted for the purpose of taking the video deposition of a witness.

If an attorney has a conflict with another trial, he/she should notify the Court Administrator when the conflicting trial is actually scheduled to begin. The Bucks case will be put on "hold" until the Court Administrator is notified that the conflicting trial is concluded. A continuance will not be granted, however, if counsel's Bucks County case is called to trial before the other case. In such circumstances, the Bucks County case takes priority. XI. TRIAL A. Voir Dire

Judges in Bucks County have varying practices as to whether the judge or counsel conducts Voir Dire. Challenges are exercised by counsel passing the Court's copy of the

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juror list among themselves. B. Witnesses The Trial Judge has broad discretion to conduct the trial as he or she feels is in the

best interests of justice. This includes limiting the duration of speeches, the number of witnesses, and the duration of testimony. B.C.R.C.P. No. *223. Only one attorney for each side is allowed to examine a witness absent leave of court.

Attorneys as witnesses: Attorneys may not address the jury in cases in which they have been witnesses unless granted leave of court for "good cause shown." B.C.R.C.P. No. *222.

C. Order of Speeches

The party with the burden of proof gives the opening statement first. B.C.R.C.P. No. *223. The order is reversed for closing arguments, UNLESS THE DEFENDANT OFFERS NO EVIDENCE.

D. Public Access Pursuant to B.C.R.C.P. No. *223(e) the trial judge may exclude or regulate the

public from a proceeding in the interests of the public good, order or morals. XII. POST TRIAL

A. Timing All motions for post trial relief must be filed with the Prothonotary within ten days

of verdict, notice of nonsuit or a decision/adjudication in a non-jury or equity trial. Requests to raise supplemental grounds after receipt of the transcript should be made at this time. B. Service

Copies of all post trial motions must be served on the trial judge, the court reporter, and the court administrator. A copy of the designated record must be submitted to the court reporter along with the motion. Proof of Service must be filed of record. Generally the trial judge, stenographer, and court administrator acknowledge service by endorsement. The

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acknowledgment is noted on the original motion before filing. Supplemental motions must be served on all adverse parties and the trial judge.

C. Disposition

All post trial motions are to be heard and decided by the trial judge, unless that judge directs the matter to be heard en banc. A court en banc, which rarely occurs, consists of not more than three judges including the trial judge. As a matter of practice, the trial judge will often set a briefing schedule following receipt of the transcript. D. Transcripts

The party making a request for the transcript pays the cost of transcription, unless otherwise directed by the judge. B.C.R.C.P. No. 227.3(a)*(d). A deposit must be paid directly to the court reporter for every day or portion thereof requested. The failure to pay the deposit may be a basis to deny the post trial motions.

E. Oral Argument The court, at its discretion, may hold argument in chambers or via conference call.

B.C.R.C.P. *211(a).

F. Form of Briefs See B.C.R.C.P. No. 210*(a) for the format for Post Trial Briefs.

G. Appeals to Supreme, Superior, and Commonwealth Courts Upon the filing of a notice of appeal counsel must prepare and immediately serve a

concise statement of matters complained of on appeal on the trial Judge. B.C.R.C.P. No. *287. This will allow the judge to write an appropriate opinion. If an appeal is withdrawn, counsel should immediately notify the trial judge, the court reporter, and the Court Administrator.

H. Judgments on Verdicts All verdicts in civil actions are to be entered on the civil judgment index

immediately. B.C.R.C.P. No. *928. The Prothonotary will enter judgment on praecipe of either counsel after the ten-day post trial relief period has passed if no motions are filed. If

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motions are filed, the judgment will not be entered until the motions have been decided. The Prothonotary will not enter judgment until the jury fee is paid.

I. Satisfaction of Judgments Only the creditor, the attorney for the judgment creditor or another attorney who

has entered an appearance on behalf of the judgment creditor may file an order to mark the Judgment satisfied. Judgment may also be satisfied by inscribing the satisfaction on the docket.

J. Bills of Cost All bills of costs must contain the names of witnesses; dates of witnesses'

attendance; and the number of miles traveled along with the place from which the mileage is claimed. Additionally, the party filing the bill of costs, his agent or his attorney must file an affidavit stating that the listed witnesses were present in court and were material to the party's cause. B.C.R.C.P. No. *280.

If a cause is continued, tried or marked not reached, the bill must be filed within ten days after the continuance. A copy of the bill must be served on the other party. Rule *280 also indicates the basis for charging mileage for the service of a subpoena.

Unless the party on whom the bill of costs has been filed files exceptions within four days of service he or she will be deemed to have waived any and all objections to the bill filed. Once exceptions have been filed, either party may give the Prothonotary and the adverse party 48 hours notice of the time and place for said taxation. Rule *280 provides the procedure for taking an appeal from taxation by the Prothonotary. Any other objections to a claim for costs or to recovery by execution should be made by filing a petition and rule to show cause. XIII. ARBITRATION

A. Compulsory Arbitration The jurisdictional amount for compulsory arbitration is $50,000. If the amount in

controversy inclusive of interest, but not including costs, is less than $50,000 the matter is subject to compulsory arbitration. Cases involving title to real estate are the only exceptions. If a party questions or contests whether a matter listed for arbitration fulfills

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the requirements, counsel should notify the Court Administrator in writing giving notice to the other side. B.C.R.C.P. No. 1303*(e).

B. Listing a Matter for Arbitration The attorney wishing to have a matter listed for arbitration must file a praecipe.

The praecipe must contain an express certification by counsel that the matter is at issue and ready for trial. B.C.R.C.P. No. *1303. The procedure for filing a praecipe for arbitration is controlled by Rule *261 and is exactly like that for filing a praecipe for jury trial.

Similarly, a certification notice must be served on opposing counsel and all unrepresented parties before the omnibus arbitration praecipe can be filed. Opposing counsel and unrepresented parties are entitled to then file a discovery notice and take up to sixty days to complete discovery before the party seeking to list the matter may file the praecipe.

Once the praecipe has been filed, the Court Administrator will place the matter on an upcoming arbitration list. It generally takes approximately 4-6 weeks for the matter to appear on a list. The attorneys and unrepresented parties whose names appear on the praecipe will receive a copy of the list. However, counsel bears the responsibility of notifying any parties not listed. C. Failure to Appear

If a noticed party fails to appear within one-half hour of the scheduled hearing time the arbitrators may hear the case and render the appropriate award. B.C.R.C.P. No. *1303(d). D. Day of Hearing

Arbitration days are divided into morning sessions, commencing at 9:15 a.m. and afternoon sessions, commencing at 1:30 p.m. On the day of the arbitration all counsel must check in with the Court Administrator in the jury lounge located to the right as one faces the elevators on the second floor of the courthouse. Cases in which all parties have checked in and indicated they are ready to proceed will be assigned to panels in the order in which they appear on the list. The list is made up in the order in which the praecipes are filed. All cases on the list will be reached so counsel should be prepared with their witnesses at

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the time they are to appear. If a party or a witness is delayed or if last minute settlement negotiations are being held, and no one objects the court administrator will pass over a case. However, the case will still be resolved on the day it is listed. If an attorney has more than one case listed for arbitration his or her cases will be reached in the order in which they are listed.

E. Arbitrators Panels of arbitrators consist of three attorneys chosen from a list of eligible

attorneys in active practice before the Bucks County Bar. The Court appoints the panel, which must have a cumulative experience of at least ten years. The arbitrator with the most time in practice serves as Chairperson. Arbitrators are compensated $225.00 for each day of service. B.C.R.C.P. No. *1205.2(a)(3).

Persons appointed as arbitrators may only be excused for good cause. If an arbitrator fails to appear within thirty minutes of the scheduled time he or she will be replaced without compensation and will face possible sanction by the Court.

From time to time an arbitrator may have a conflict with hearing a particular matter. It is incumbent upon the individual arbitrators to make the parties aware of potential conflicts and to give the attorneys the opportunity to discuss them with their clients. When a panelist has a conflict the matter is usually returned to the Court Administrator for assignment to a new panel. The Court Administrator may, at her discretion, switch individual arbitrators in order to avoid conflict. If a conflict cannot be resolved by agreement or by the Court Administrator, a Judge will render a decision. F. Conduct of Hearing Arbitration hearings are conducted in the same manner as a non-jury trial. The panel or a majority thereof have the power to compel the production of documents, to administer oaths, to rule on evidentiary issues and to render a decision as to the law and the facts. The decision of only one arbitrator is necessary to issue a subpoena. Provided you comply with the notice provisions of Pa.R.C.P. No. 1305(b)(1), numerous items of evidence are admissible at arbitration without the customary authentication procedures. See also B.C.R.C.P. No. *1305(b)*(5).

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G. Continuances Applications for continuances must be made in writing to Joanne Miley on or before

the Wednesday before the week the arbitration list begins. As with continuances in jury trials, the application must state the reason and must also state the positions of other counsel. H. The Award

B.C.R.C.P. No. 1306*(a) provides two methods for the entry of an award where the case has settled, but the parties agree that an award be entered. If the Court Administrator is provided with written confirmation of the agreement of the other parties, only one party need appear before a panel to request the award be entered. Otherwise, all parties may sign a stipulation setting forth exactly how the award should be worded. If this stipulation is sent to the Court Administrator before the scheduled hearing date it will be presented to a panel for signing without the necessity of the parties appearing.

After the hearing, the arbitrators will discuss the matter and render a decision. The award need not be unanimous and may be made by a majority of the arbitrators. The award form provides space for an arbitrator to note his or her dissent. After the decision is made, a signed award and the court file are returned to the Court Administrator in the jury lounge. The file is returned to the Prothonotary and a copy of the award is mailed to all parties by the Prothonotary.

I. Appeal and Exceptions Any party to a compulsory arbitration has the right to appeal the award. In order to

take an appeal a party must file a notice of appeal. The notice certifies that the appeal fee of $375.00 has been paid. An omnibus praecipe for trial should be filed at the same time. If the appellant improves his or her position by way of settlement or verdict in an amount equal to or greater than 10% of the award of the arbitrators two thirds of the appeal fee will be refunded upon motion filed. B.C.R.C.P. No. 1308*(d).

Under Rule 1308*(e) exceptions to a panel's decision must be filed within 20 days of the entry of award. If the exceptions are sustained the Court will vacate the award, however the only two grounds are “corruption or undue means” or that the arbitrators “misbehaved themselves.” Exceptions are rarely filed. The short-cut evidentiary procedures of Pa.R.C.P. No. 1305(b) are available at trial

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in any arbitration appeal where the demand is certified to be less than $15,000.

J. Voluntary Arbitration Any case may be referred to a board of arbitrators by agreement signed by all

parties and filed with the Court. B.C.R.C.P. No. *1205.2(a)(2) requires the agreement to state the issues involved. It may also contain any stipulations of facts or defenses. XIV. SPECIAL INJUNCTIONS (TEMPORARY RESTRAINING ORDERS)

A. Filing Counsel seeking special injunctive relief must file a complaint and a petition for

relief, which should include the following: 1. An affidavit from a witness familiar with the facts alleged; 2. An order for a hearing; 3. A verification; and

4. A copy of the complaint attached as an exhibit. PLEASE NOTE: It is suggested by the Court Administrator that parties seeking a special injunction "walk through" the petition using the method described herein. It is the responsibility of the petitioner to serve notice of the time and date set for the hearing on all interested parties. XV. INACTIVE CASE TERMINATION

A. Termination If a matter has been on the docket without activity for over two years it will be

subject to termination by the Court Administrator. Once a month the Administrator compiles a list of all such cases and sends written notice to counsel of record that the matter will be terminated sixty days from the date of the notice. All cases with undeliverable notices are published once in the Bucks County Law Reporter giving notice of the sixty day period. Pa.R.C.P. No. 230.2.

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B. Preventing Termination In order to prevent a case from being terminated, counsel must send back the

Termination Notice along with a $7.50 check to the Prothonotary prior to the date set for termination. After the termination date passes, the case will be marked terminated and no further activity will be recorded on the docket. Rule 230.2 prescribes the form to be used when indicating a case is still active. That form has been incorporated into the termination notice used by the Administrator for counsel’s ease in certifying that a case is still “active.”

C. Reactivation If a matter is terminated application to reactivate must be made by petition. Rule

230.2 provides that the petition to reactivate the matter will be presumptively granted if it is filed within thirty days of the termination date. A petition filed more than thirty days after the termination date must demonstrate good cause for reinstating. Because the petition will require action by the Court (as opposed to a praecipe to the Prothonotary), it proceeds by Rule to Show Cause. The petition is decided by the Court pursuant to B.C.R.C.P. No. 208.3(b) unless no answer to the petition is filed by the return date, in which case the Court may proceed on the basis of a Motion to Make Rule Absolute.

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IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA CIVIL DIVISION

IN RE: : No. ORDER PROMULGATING BUCKS COUNTY : RULE OF CIVIL PROCEDURE NO. 4019(g)(1)(c) : AND BUCKS COUNTY RULE OF CIVIL : PROCEDURE NO. 208.2(e) :

ORDER OF COURT

AND NOW, this day of August, 2010, Bucks County Rule of Civil

Procedure No. 4019(g)(1)(c) and Bucks County Rule of Civil Procedure No. 208.2(e) are

promulgated as follows:

Rule 4019(g)(1)(c). Discovery Motions Court

(1) In lieu of the procedure set forth in 4019(g)(1)(a), counsel in any civil action,

excluding Family Court matters, may present any motion regarding

discovery in Discovery Motions Court. The motion must comply with the

requirements of Pa.R.C.P. No. 208.2, but need not include the language set

forth in B.C.R.C.P. No. 4019(g)(1)(a) in its proposed order.

Note: All actions filed in the Criminal and Orphans’ Court divisions are specifically excluded from the procedures set forth by the rule. For the purpose of this rule, “Family Court matters” are actions before the Domestic Relations Section, including actions pursuant to the Protection from Abuse Act (Pa.R.C.P. No. 1901 et seq.), actions for Support (Pa.R.C.P. No. 1910.1 et seq.), actions for Custody (Pa.R.C.P. No. 1915.1 et seq.), and actions for Divorce (Pa.R.C.P. No. 1920.1 et seq). (2) Discovery Motions Court shall be held each Friday afternoon at 1:30 PM.

Discovery motions may be presented to the motions judge only after a copy of

the motion and the proposed order of court have been served on all counsel of

record

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and any unrepresented party not later than the Friday preceding the

intended date of presentation.

(3) Notice of the date, time and place of presentation must accompany the copy of

the motion and the proposed order of court. Service may be made in any

manner as authorized by the Pennsylvania Rules of Civil Procedure,

including facsimile transmission pursuant to Pa.R.C.P. No. 440(a)(1)(ii)

and/or e-mail pursuant to Pa.R.C.P. No. 205.4(g)(1), with service of the

required documents to be completed no later than the Friday preceding the

date of presentation. Motions seeking sanctions in the form of dismissal of an

action or any claim therein, or for a financial penalty levied against a party,

must be served upon the party as well as upon his or her counsel.

(4) The presenting party must attach to the motion a certification of compliance

with this rule setting forth the date on which the motion was served on

counsel, unrepresented parties, and represented parties against whom

sanctions are sought, the manner of service, and that such service was made

in compliance with the Rule of Civil Procedure under which it was effected.

(5) Prior to serving a motion and proposed order of court, the parties have an obligation

to make a good faith effort to resolve their discovery dispute. The motion shall

specifically identify what good faith efforts were made in an attempt to resolve

the discovery dispute without court action, and shall include as attachments

copies of any and all writings sent to respondent(s) which evidence such efforts.

At least one such writing shall be sent by the movant to the respondent prior to

filing a motion pursuant to this rule.

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EXPLANATORY COMMENT: The purpose of this rule is to foster the use of Discovery Motions Court practice. At the hearing, the Motions Court Judge may in the judge’s discretion determine that the matter is too complex to handle during Motions Court and issue an appropriate order referring the matter to the judge assigned to the said case. Sufficient notice and receipt of the motion or petition and proposed order of court is required by law and fundamental fairness. Counsel desiring to take advantage of Discovery Motions Court practice must be diligent in complying with the notice requirement. Rule 208.2(e). Proof of Notice of Efforts to Resolve Discovery Disputes

All motions filed pursuant to Bucks County Rule of Civil Procedure

4019(g)(1)(c) shall specifically allege what good faith efforts were made in an

attempt to resolve the discovery dispute without court action, and shall

include as attachments copies of any and all writings sent to respondent(s)

which evidence such efforts.

This Order shall become effective October 1, 2010.

BY THE COURT: ____________________________________

P.J.

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Selected Rules of Civil Procedure - Court of Common Pleas of Chester County

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SELECTED RULES OF CIVIL PROCEDURE Court of Common Pleas of Chester County

Rule 51.1. Citing the Rules

These rules shall be known as the Chester County Rules of Civil Procedure, and shall be cited as "C.C.R.C.P. ____" Rule 200. Assignment of Court Business All civil litigation in this court shall be divided into the following categories: Category A shall consist of all civil matters which include matters filed for jury trial, non-jury trial, equity matters, and cases appealed from arbitration. Category B shall consist of miscellaneous matters such as name change petitions, license suspension appeals, mechanics lien matters, zoning appeals and other matters requiring disposition by a judge.

COMMENT: Category B is not an exclusive listing of matters requiring disposition by the court. For example, petitions for appointment of arbitrators or for minor's compromise, etc. would be includable.

Category C shall consist of compulsory arbitrations. Category D shall include all matters under the jurisdiction of the family court division. Category E shall include all matters which do not require action by a judge, including but not limited to confessions of judgment, transfers of judgment, liens, waivers of liens, lis pendens, etc. Matters under category D and those within the jurisdiction of the orphans' court division shall not be assigned to individual judges under this rule but shall be handled in accordance with the rules and practices of the orphans' court division and family court division. The president judge may modify the type of case to be placed in each category or create additional categories of cases. A. Individual Assignment of Cases

For matters set forth in categories A, B and C, when the case is commenced it shall be assigned for trial and pre-trial proceedings to a designated judge. The designated judge shall be responsible for the matter from the time of initial filing until final disposition, unless otherwise directed by the President Judge of the Court of Common Pleas of Chester County. The assignment of the case shall be made by the prothonotary in accordance with regulations promulgated by the president judge. The assignment regulations shall create a blind rotation system which balances the case loads among the judges. The sequence of assignment shall be kept secret and all steps shall by taken to prevent any person from being able to ascertain the name of the judge to whom any case may assigned before the assignment. When an action is commenced (whether by writ, complaint or otherwise) the papers filed with the prothonotary must be accompanied by a cover

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sheet in the form provided by the prothonotary and designed to assist the prothonotary in the assignment of each case.

B. Related Cases

If, at the time of the filing of any civil action or proceeding, counsel is aware that a related claim is pending, counsel shall so notify the court administrator in writing. Civil cases are deemed related when they involve common issues of fact or grow out of the same transaction. If it is later discovered that two or more matters are related, the judge to whom the latter case has been assigned may refer the case to the court administrator for reassignment to the judge to whom the earlier related case was assigned.

C. Reassignment of Cases

The president judge may reassign cases whenever necessary to eliminate conflicts, to promote a balance of the work load among the judges and to improve prompt and just administration of all cases. Rule 200.1. Emergency and Injunctive Matters

The president judge, or the court administrator under direction of the president judge, shall assign, on a rotating basis, an emergency judge and an emergency family court judge. Emergency and injunctive matters which fall under categories A, B and C shall first be addressed to the judge to whom the case is assigned. If the assigned judge is absent or unavailable the emergency judge shall be responsible for emergency and injunctive matters which fall under categories A, B and C. The emergency family court judge shall be responsible for emergencies and injunctive matters which fall under category D.

Rule 205.2(a). Filing Legal Papers with the Prothonotary

All pleadings and other legal papers shall be typewritten (not less than 12 point type), double-spaced and securely fastened.

Rule 206.1. Petitions Rule 206.1(a). Purpose and Designation

All applications for which the procedure for the relief sought is not otherwise specifically addressed elsewhere in the rules and which require the assertion of facts not of record are hereby designated as petitions. A petition, generally speaking, is a request for relief ancillary to a given cause of action. Each petition shall be accompanied by a verification or affidavit verifying the facts stated in the petition.

Rule 206.1(b). Title A petition should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely "petition", it should be designated Defendant Jones' Petition for Extension of Time to Join Smith as Additional Defendant).

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Rule 206.2. Motions, Petitions and Preliminary Objections – General Requirements

All motions, petitions and preliminary objections shall be in writing and shall be accompanied by a proposed form of order; a petition shall also be accompanied by an order allowing a rule to show cause in form as set forth below, which order is hereinafter sometimes referred to as a “rule” or a “rule to show cause.” Every motion and petition shall refer to the procedural rule, statute, or other authority relied upon to justify the relief requested and shall display counsel’s name, address, I.D. number and telephone number. No motion, petition or preliminary objection shall be dismissed for failure to be accompanied by a form of proposed order or for failure to be accompanied by a form of proposed order or for failure to refer to the procedural rule, statute or other authority relied upon or for failure to display counsel’s name, address, attorney identification number or telephone number.

COMMENT: For discovery motions and petitions, see certification requirements under rule C.C.R.C.P. 208.2(e).

Rule 206.3. Service and Certification

(a). Immediately after filing with the prothonotary, each party, shall serve upon all other counsel and unrepresented parties complete copies of all rules, proposed orders, petitions motions, preliminary objections, and answers to same.

(b) Each party shall, within five (5) days of the filing of any document, file with the

prothonotary a separate document in the form specified by C.C.R.C.P. 206.3(d) certifying that service of a complete copy has been made.

(c). The court at its discretion may strike, dismiss or deny, any petition, motion or

preliminary objection for failure of the moving party to comply with the service and certification requirements of this rule.

(d) Certifications of service shall be in substantially the following form:

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(CAPTION)

CERTIFICATION OF SERVICE

This is to certify that in this case, assigned to

Judge [insert the name of the judge to whom the case is assigned] , complete copies of all

papers contained in [insert specifically the title of petition/motion/preliminary

objections/praecipe, etc. served]_____ have been served upon the following persons, by the

following means and on the date(s) stated:

Name: Means of Service: Date of Service:

_______________ _________________ _________________

_______________ _________________ _________________

_______________ _________________ _________________

Attorney's Name

Address I. D. Number Telephone Number

Rule 206.4(c). Procedure For Rule To Show Cause

(a) The petitioner shall attach to any petition a proposed order substantially in the following form:

(CAPTION)

O R D E R AND NOW, this _______ day of __________, 20___ , upon consideration of the foregoing petition, it is hereby ordered that 1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2) The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;

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3) The petition shall be decided under Pa.R.C.P. No. 206.7; 4) Depositions shall be completed within forty-five (45) days of the service upon petitioner of the answer to the petition; 5) Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: ___________________________ J. (b) In instances where the order seeks a stay order or other substantive relief or seeks to have a hearing date set immediately or otherwise requests special immediate relief, the form of the order shall be modified accordingly and the order shall contain such of the following provisions as are appropriate: A hearing on the within petition is hereby scheduled to be held on __________, the _______ day of ____________, 20___, at _______ __. M. in Courtroom No. _____, of the Courthouse of Chester County, West Chester, Pennsylvania. and/or [If a stay is being requested] All proceedings shall stay in the meantime. The petitioner is directed to file a bond in the amount of $ _____________ by the following date: _______________. Upon cause show by the respondent, the court may increase the amount of the bond or security.

Rule 206.4(c)(1). Per Curiam The procedure of Pa.R.C.P. No. 206.6 is adopted. An order containing a rule to show cause, except one which by its terms grants substantive relief or which contains a stay order or seeks to require an answer by respondent(s) in less than twenty (20) days, shall be issued per curiam when presented to the court administrator COMMENT: Even if respondent does not deny any of the facts set forth in the petition, if

respondent objects to the granting of the relief requested either on the basis that the facts set forth in the petition, even if true, do not warrant the granting of the relief sought, or on any other basis, respondent should file an answer specifically so stating.

Rule 206.4(c)(2). Stay or Substantive Relief Any petitioner seeking a rule which stays proceedings or which by its terms grants substantive relief shall present the petition, proposed order and rule to the judge assigned to the case, except for family court and orphans' court matters which shall be presented to a judge sitting in that division. The court will not enter the stay or grant the relief unless:

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(1) Notice: it appears from the petition that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time, and place of the application; or (2) Stipulation: it appears from the petition that there is an agreement by all parties in interest; or

(3) Exigency: the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate relief.

Rule 206.4(c)(3). Admissions. All well-pled factual averments in a petition upon which a rule to show cause has been granted, or in preliminary objections endorsed with a notice to plead and properly containing averments to fact, shall be deemed admitted unless an answer specifically denying the same is filed on or before the close of court within twenty days after service of the petition upon the respondent(s), or such shorter time as the court may have allowed, or, in the case of preliminary objections, on the date on which an answer to the preliminary objections is due pursuant to the Pennsylvania Rules of Civil Procedure. The requirements of Pa.R.C.P. No. 1029 shall apply to this provision. Rule 206.4(c)(4). When No Answer Is Filed If no answer has been timely filed, the petitioning party, not less than five (5) days after the rule return date, may move to have the rule made absolute, granting the prayer of the petition, and the Court may consider such petition as unopposed and grant such motion as of course. The motion shall be accompanied by a proposed order and a certificate of service but no brief shall be required. The provisions of Rule 206.1(c) shall not apply to motions to make a rule absolute filed pursuant to this section.

COMMENT: A party upon whom a petition is served has an obligation to answer the petition if the relief sought is opposed. See comment to Rule 206.1(c) above. See C.C.R.C.P. 200.1 regarding emergency and injunctive matters. See 206.1(d) of this rule for treatment of preliminary objections which raise questions of jurisdiction or venue and any other preliminary objections which deal with facts not otherwise of record; those types of preliminary objections shall be handled under subsection 206.1(b), as though they were petitions, except that such preliminary objections shall not be accompanied by a rule to show cause.

Rule 206.5. When Answer is Filed When an answer has been timely filed and the issue raised by the petition, motion or preliminary objection is ripe for consideration, pursuant to the provisions of Pa.R.C.P. No. 206.7, any party may file a praecipe for determination in the form described by C.C.R.C.P. No. 206.6 along with a supporting brief. If a petitioner files a praecipe for determination on petition and answer, all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted. If a respondent orders the matter for argument on petition and answer without having taken depositions or such other discovery as the court may have allowed, then all averments of fact properly pleaded in the petition shall be deemed admitted for the purposes of the rule, unless the petitioner shall have failed to take depositions or such other discovery as the court may have allowed within the time required, in which event the petition shall be decided on

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petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer, shall be deemed admitted pursuant to Pa.R.C.P. No. 206.7(c). Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination. The assigned judge may, at his or her discretion, extend the time for filing briefs. Rule 206.6. Praecipe for Determination To have any matter submitted to the Court for a decision, a party shall file with the Prothonotary a Praecipe for Determination. Immediately after filing same with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties a copy of the Praecipe for Determination as well as any other documents filed therewith. The Praecipe for Determination shall be in substantially the following form:

(CAPTION)

PRAECIPE FOR DETERMINATION TO THE PROTHONOTARY:

Kindly submit the following matter to

Judge [insert the name of the assigned judge]

for determination:

[insert specifically the title of petition/motion/preliminary objections, etc. to be

submitted.]

(date of filing/service):_____________________________. Attorney's name Address I. D. Number Telephone Number

COMMENT: This praecipe is to be filed with the prothonotary, not the court administrator.

Rule 208. Motions

Rule 208.2. General

All motions shall be filed in accordance with C.C. R.C.P. 206.2.

Rule 208.2(c). Applicable Authority

All motions should include a brief statement of applicable authority.

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Rule 208.2(d). Uncontested Motions – Certification

A motion may be treated as uncontested when the moving party appends to it a certificate that counsel has conferred with all interested parties in respect to the matter and has been affirmatively advised that there are no objections to the relief sought in the proposed order.

COMMENT: Non-responsiveness on the part of an opponent shall not be equated by the movant to the lack of contest.

Rule 208.2(e). Discovery Motion and Petition Certification

i. All counsel have an affirmative obligation to confer and discuss discovery matters and make a good faith effort to resolve such differences as may exist

ii. Any motion or petition relating to discovery must be accompanied by a certificate of counsel for the moving party certifying that counsel has conferred with opposing counsel with respect to each matter set forth in the discovery motion or petition in good faith, but has been unable to resolve the issue. The certificate shall set forth the exact time, place and manner (which may be telephonic) of the conference or, in a case in which counsel for the moving party cannot furnish such certificate, counsel shall furnish an alternative certificate stating that opposing counsel has refused to so confer. The alternative certificate shall also set forth the efforts made by counsel for the moving party to obtain compliance by opposing counsel and such other facts and circumstances as exist to justify the absence of the required certificate.

iii. The court at its discretion may strike, dismiss or deny the petition or motion for failure of the moving party to comply with the certification requirements of this rule, or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of the moving party to comply with the certification requirements of this rule or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of moving counsel to arrange such conference.

Rule 208.3(a). Motions – Titles and Attachments (1) Generally, motions may be used to obtain relief upon undisputed facts of record, with several exceptions, one of which shall be that averments by counsel that pleadings, documents or discovery requests have been exchanged or transferred. In the latter event copies of all such documents shall be attached, unless already in the record, in which event they can be incorporated by reference. Every motion shall be signed by its moving counsel or party. (2) The motion or reply should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely “motion,” it should be designated Defendants’ Motion for Sanctions Against Plaintiff or Additional Defendant’s Second Motion for Sanctions Against Defendant Smith, etc.).

(3) To promote uniformity of civil practice the following types of discovery matters shall be treated as motions, not as petitions, even though they may contain limited assertions of fact not of record:

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motion for sanctions for failure to answer interrogatories;

motion for sanctions to failure to produce documents or things;

motion for sanctions for failure to appear for deposition;

motion to compel mental or physical examination;

motion to compel further answers to interrogatories;

motion to compel further production of documents.

(4) Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:

(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;

(ii) any motion supported by a stipulation of counsel.

(5) If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.

COMMENT: See C.C.R.C.P. 1035.2 (a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.

Rule 208.3(b). Responses

All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be referred to the court for disposition.

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210. Briefs or Legal Memoranda

All briefs or legal memoranda shall contain the following matter under the following headings:

1) History of the Case: A brief, informal statement of the facts material to the matter under consideration.

2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.

3) Legal Argument: The section must contain citations to the case law, rule or statute relied on.

4) Conclusion: Specify the type of relief requested.

Rule 211.1. Oral Argument

A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.

B. The court may at any time schedule oral argument or conduct an evidentiary

hearing on any matter pending before it.

C. Any party may request oral argument by filing with the brief a separate “Request for Oral Argument” which shall include the following:

1. The judge to whom the matter is assigned.

2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.

3. A concise statement setting forth why oral argument is necessary.

4. The date upon which the Praecipe for Determination was filed.

Rule 212.1. Pretrial and Settlement Conference

A. Prior to the trial of any case (i.e. jury, non-jury, equity and arbitration appeals), the court may conduct a pretrial and settlement conference. The assigned judge may schedule a pretrial and settlement conference at any other time as he or she deems appropriate.

B. No later than five (5) days in advance of a scheduled conference, each party shall file with the prothonotary and immediately serve upon the assigned judge and all other parties a conference memorandum.

COMMENT: These rules do not in any way alter the requirements of Pa.R.C.P. 212.1 et

seq.

C. The conference memorandum shall set forth the following:

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(1) A brief statement of the nature of the action; plaintiff shall set forth the claim and defendant(s) shall set forth the defenses.

(2) A statement of the salient facts of the case.

(3) A list of all monetary damages claimed, including lost earnings, loss of future

earning capacity, medical expenses (itemized), etc. If relief other than monetary damages is sought, information adequate for an order granting the relief sought shall be furnished.

(4) Special comments regarding legal issues or other appropriate matters.

(5) Parties shall attach to the memorandum copies of reports from all experts

expected to be called at trial.

(6) A list showing the names and addresses of all witnesses each party intends to call at trial.

(7) A schedule of all exhibits to be offered at trial.

(8) An estimate of the number of days required for trial.

D. Except in non-jury and equity cases, the conference memorandum of each party

shall provide the demand, offer and status of negotiations. E. All counsel shall have immediate access to their respective clients or those with

settlement authority for the purpose of resolving the claim. Unless otherwise instructed, counsel shall not bring their respective clients to the pretrial and settlement conference.

COMMENTS: (1) It is expected that this memorandum will not exceed 3 pages, except in unusual cases. (2) Access via telephone to the client or those with settlement authority shall be sufficient for purposes of this rule.

F. If a settlement conference is requested in a non-jury, or equity matter, the case shall

be referred to the court administrator for assignment of the settlement conference only to another judge. Once the settlement conference has been concluded, the case will then be returned to the judge originally assigned to the case. All requirements for the pretrial and settlement conference as set forth above shall apply to such settlement conference, except that the conference memoranda shall be served upon the judge conducting the conference, not the assigned judge.

Rule 216.1. Prior Commitments of Counsel

No continuance will be granted by reason of the absence of associate counsel or by reason of prior commitments of counsel in any court other than the Supreme, Superior or Commonwealth Courts of Pennsylvania, a federal appellate court, or in other cases in which counsel is actually on trial or is properly attached to any court of record. When it is known that counsel will be so engaged, he or she shall forthwith notify opposing counsel and the court administrator.

Rule 225.1. Jury Trial Summation

(a) Unless the trial judge shall otherwise grant leave, only one attorney may sum up for any party.

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(b) In trials which involve only one plaintiff and one defendant, if evidence has been

received from each party, plaintiff's attorney shall first sum up and defendant's attorney shall then follow. Plaintiff's attorney may then speak solely in rebuttal. If no evidence has been received from the defendant, the same order of summation shall apply, except that plaintiff's attorney shall not speak in rebuttal.

(c) In trials which involve a third-party action, if evidence has been received from each

party, the plaintiff's attorney shall first sum up as in (b). Defendant's attorney shall next sum up both for defendant, as in (b), and for defendant as third-party plaintiff. The attorney for the third party (i.e., additional) defendant shall next sum up as the nature of his third-party defense may require. The attorney for third-party plaintiff may then reply in rebuttal and thereafter the attorney for the original plaintiff may reply in rebuttal of only the arguments made by the original defendant.

(d) In multi-party actions and in actions which involve third-party actions, if one or more of the parties offers no evidence, the order of summation shall be determined by the trial judge.

(e) In actions involving more than one plaintiff, defendant or third-party defendant, the trial judge shall determine the order of speaking. Rule 226.1. Trial Memorandum. Proposed Findings of Fact and Conclusions of Law

(a) Trial Memorandum and Points for Charge. Each party shall file a trial memorandum and, in all jury trials, requested points for charge no later than the commencement of trial. Each requested point for charge shall cite the authority therefor. Additional memoranda and points for charge may be submitted during trial.

(b) Findings of Fact and Conclusions of Law. In all cases tried by a judge sitting without

a jury, each party shall file proposed findings of fact and conclusions of law no later than the commencement of trial. Additional proposed findings and conclusions of law may be submitted during trial.

Rule 227.2. Post-Trial Motions

(a) All post-trial motions must specify the grounds relied upon. (b) Any request for leave to file additional specific grounds for post trial relief shall be

made by motion and proposed order, and the motion shall contain specific reasons in support thereof. The motion shall be filed with the prothonotary within ten (10) days after verdict and the movant shall file a certification of service of the motion in the form provided by C.C.R.C.P. 206.3.

COMMENT: Nothing in this rule is intended to permit a party to supplement post-trial motions after receipt of the transcript without having timely obtained leave of court. (c) Copies of post-trial motions must be served upon the trial judge. If notes of

testimony are needed the movant must notify the court reporter of the need to transcribe any part or all of the record. Failure to notify the court reporter shall mean that such party does not desire a transcript of the notes of testimony.

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COMMENT: It is the responsibility of the party or parties requiring a transcript of the notes of testimony to obtain such transcript in a timely fashion. Counsel and parties are warned that, in light of Pa.R.C.P. No. 227.4(1)(b), the schedule for the filing of briefs cannot be extended. (d) Thereafter, the court reporter shall prepare a transcript of such notes for each of the

parties who have indicated a desire to have them, together with one original for the court. The court's copy shall contain all the notes requested to be transcribed.

COMMENT: See Rules of Judicial Admin. 5000.1 et seq. regarding transcripts and fees. (e) No continuance of argument properly scheduled will be granted because of a party's

failure to observe the requirements of this rule.

(f) No motion for new trial upon the ground of after discovered evidence will be entertained unless it sets forth the reasons for failure to produce the same at the trial and unless based upon affidavits containing the names of the witnesses and the substance of their expected testimony.

(g) Post-trial motions will be brought before the Court by filing a praecipe for determination under C.C.R.C.P. No. 206.6. The praecipe for determination shall be filed at the time of the filing of the post-trial motion. Upon the filing of the praecipe for determination accompanying a post-trial motion, oral argument shall be scheduled forthwith by the Court.

COMMENT: In view of Pa.R.C.P. No. 227.4(1)(b), which permits entry of judgment if an order disposing of all post-trial motions is not entered within one hundred and twenty (120) days after the filing of the first such motion, oral argument will be scheduled for approximately ninety (90) days following the date of the filing of the first such motion.

(h) The following schedule for the filing of briefs shall apply unless otherwise directed

by the assigned judge:

(1) No less than three (3) weeks before the day set for oral argument, the moving party (petitioner or movant) shall serve upon all counsel and unrepresented parties a complete copy of the brief; the brief shall be filed with the prothonotary along with a certification that service has been made.

(2) No less than one (1) week before the day set for oral argument, the

responding party shall file a brief and certification of service and shall immediately serve a copy on each counsel and unrepresented party.

(3) The Court may, in its discretion, refuse to hear argument upon issues which

have not been reasonably discussed in a party's brief, and it may decline to hear oral argument addressed from any party who has failed to comply with the foregoing provisions of this rule.

(i) Oral argument may be waived by agreement of all parties but, even if oral

argument is waived, briefs shall nevertheless be due pursuant to paragraph (h) above, based upon the date originally set for oral argument.

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Rule 229.1. Withdrawal of Post-Trial Motions, Exceptions or Appeal

Whenever post-trial motions or exceptions are withdrawn or an appeal is terminated by a party, that party shall immediately advise in writing the judge whose decision, order, or adjudication was being challenged. Rule 241. Bill of Costs. Counsel Fees

(a) Affidavit. The affidavit of the party or other person to the correctness of the bill of costs and the attendance and materiality of the witnesses shall be annexed and shall be prima facie evidence to the taxing officer.

(b) Taxation. The bill of costs shall be taxed, in the first instance, by the prothonotary

upon application of a party. The moving party shall "provide the adverse party with a copy of the bill within ten (10) days after filing. Exceptions shall be filed within ten (10) days of the receipt of such copy. A re-taxation shall then be had before the prothonotary upon ten (10) days notice thereof to both parties. The prothonotary shall give written notice of the re-taxation to both parties, from which either party may appeal to the court within five (5) days thereafter, provided that the appellant shall, within three (3) days after the appeal is entered, file a specification of the items to which he objects and the grounds of his objections; otherwise the appeal will be dismissed. No exceptions or appeal shall operate to stay execution or prevent the collection of the debt of costs, but when collected on execution or paid into court, the items to which exceptions have been taken will be retained until the question is decided.

(c) Counsel Fees. When counsel fees are sought under the provision of 42 Pa.C.S. §2503 as part of the taxable costs of a matter, the party seeking them shall do so by filing an appropriate petition within twenty (20) days of the conclusion of the case in this court. The proceedings shall be conducted under Pa.R.C.P. No. 209 and C.C.R.C.P. 206.1. Rule 249.1. Administration Conference of Civil Cases

A. The court shall conduct one or more administrative conferences in each case in which the judge is requested to do so by any party and may conduct administrative conferences in any matter at any time or times upon the judge's own motion.

B. At the administrative conference the court shall become acquainted with the salient facts

and issues of the case, shall determine discovery and pretrial motion schedules and shall set dates for further conferences and trial.

C. No later than five (5) days in advance of the administrative conference, each party shall

file with the assigned judge and immediately serve upon all other parties an administrative conference memorandum which shall set forth the following:

(1) A brief statement of the nature of the action; plaintiff shall set forth the claim

and defendant(s shall set forth the defenses.

(2) A statement of the salient facts of the case.

(3) A list of all monetary damages claimed, including lost earnings, loss of future earning capacity, medical expenses (itemized), etc. and a specification of any relief other than monetary damages being sought.

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(4) Special comments regarding legal issues or other appropriate matters including

specifically setting forth any unique or unusual aspect of the case.

(5) A brief statement of the status of all discovery, including a proposed schedule for the completion of discovery, the status of all outstanding pretrial motions and petitions and any further pretrial motions or petitions contemplated and a statement of any other pretrial matters requiring resolution prior to the case being, ready for trial. Each Party shall submit a proposed pretrial order governing all of the matters set forth in this subparagraph.

(6) An estimate of the number of days required for trial.

Rule 249.3. Trial Readiness

(a) A category A matter shall be presumptively deemed ready for trial twelve (12) months from the date of the initiation of the suit, which is the earliest date on which the case may be tried for purposes of Pa.R.C.P. No. 212.1(a). A category C matter (compulsory arbitrations) in which there has been an appeal from the award of arbitrators shall be presumptively deemed ready for trial two (2) months from the date of the filing of the appeal. Such matters shall immediately thereafter be placed on the trial list of the judge to whom the case is assigned, unless prior thereto an order has been entered deferring the placement on the trial list until a later date. Such order may be entered by the court on its own motion or pursuant to the procedures set forth in paragraph (b) below.

(b) To obtain relief from the initial automatic trial listing pursuant to paragraph (a), above and, thereafter, from any deferred trial listing, a party must file a request for an administrative conference to be held in accordance with Rule 249.1. The first request for administrative conference must be filed no later than eleven (11) months after the date of initiation of suit, except in category C matters. In category C matters, the first request for an administrative conference must be filed no later than ten (10) days after the filing of the appeal from the award of arbitrators. All subsequent requests for administrative conferences must be filed not less than thirty (30) days prior to the trial listing date. The request for an administrative conference must specify that deferment of trial listing will be requested at the conference. The request for administrative conference shall be filed of record and a copy thereof served upon counsel of record for each other party to the action, each unrepresented party, if any, the Court Administrator, and the assigned judge.

(c) At any time prior to placement of a case on the trial list pursuant to the procedures

set forth above, the court, either on its own motion or upon agreement of the parties or upon application of any party, may determine that any matter is ready for trial, in which event the court shall file a trial readiness order and the court administrator shall then notify all parties that the case has been placed on the trial list.

(d) Category C matters shall be governed by C.C.R.C.P. No. 1301.1 et seq., unless and until an appeal from the award of arbitrators has been filed. Following the filing of such appeal, the rules set forth above shall apply.

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Rule 1003.1. Waiver of Rules. Extension of Time

A. The time for filing briefs and answers to petitions, motions and preliminary objections may be extended by agreement of the parties and with the approval of the court, provided written notice of the agreement for extension has been filed with the prothonotary.

B. Written notice under A above shall be substantially in the following form:

[CAPTION]

AGREEMENT TO EXTEND TIME To the Prothonotary:

This is to certify that the time for filing (title of petition, motion or brief) has been extended to (new date for filing) by agreement of all counsel and unrepresented parties.

__________________________________

Attorney's Name Address _________________________

_________________________ I.D. number ________________________

Telephone number ___________________ APPROVED: ___________________________________ J. Rule 1007.1A. Jury Trial. Number of Jurors. Demand. Waiver

A demand for jury trial shall be deemed a demand for a trial by a jury of six (6) members unless any party expressly demands a trial by twelve (12) members. Timing of the filing of the demand for jury trial and withdrawal of same shall be as set forth in Pa.R.C.P. No. 1007.1. Rule 1012.1. Entry of Appearance; Withdrawal of Appearance

Every initial pleading, or other initial filing, by a party with the prothonotary shall be accompanied by a praecipe for entry of appearance which shall include the attorney's or unrepresented party's name, complete address, telephone number, and attorney identification number (if applicable). In like manner, when counsel is withdrawing from an action in accord with Pa. R. C. P. No. 1012(b), counsel shall file a praecipe for withdrawal of appearance.

COMMENT: The written entry of appearance will aid in giving proper notice to all

counsel of record of orders, hearings and other pending matters.

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Rule 1025.1. Endorsements

The initial pleading or appearance on behalf of a party represented by a firm or partnership or association of attorneys shall indicate clearly to the prothonotary the name, address, telephone number, and attorney identification number of the particular attorney who is supervising the conduct of the case.

Rule 1028(c). Preliminary Objections (1) Except for preliminary objections subject to subparagraph (2) below, a brief and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the objecting party within twenty (20) days of the filing of the preliminary objections. Responsive briefs shall be filed within twenty (20) days of the filing of the praecipe for determination. The assigned judge may, at his or her discretion, extend the time for filing briefs. If the party filing the preliminary objections has failed to file a praecipe for determination within twenty (20) days of the filing of the preliminary objections, any other party may file a praecipe for determination to bring the objections before the court, in which event no brief shall be required to be filed with the praecipe. If the objecting party fails to file a brief as aforesaid, the court may dismiss the preliminary objection as abandoned. If the objecting party does file a brief, all other parties may file briefs within twenty (20) days thereafter. (2) Where the preliminary objections properly assert facts not otherwise of record and the preliminary objections have been endorsed with a notice to plead, no praecipe for determination nor brief shall be required until the matter is ready to be submitted to the court, either upon the basis of the preliminary objections alone, if no answer has been field, or upon the basis of the preliminary objections and answers thereto, or after a record has been developed pursuant to Pa.R.C.P. 1028(c)(2). If an answer is filed and any party wishes to develop a record on any disputed issues of material fact, depositions shall be completed within forty-five (45) days of the date of service of the answer to the preliminary objection. The time limit for the taking of the depositions may be shortened or extended by agreement of the parties or by the Court. Rule 1034(a). Motions for Judgment on the Pleadings Motions for judgment on the pleadings shall be scheduled, argued and decided in accordance with C.C.R.C.P. 208.3(a)(4), 208.3(a)(5), 208.3 (b), 210 and 211.1. NOTE: The aforesaid rules provide as follows: 208.3(a)(4)

Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:

(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or

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parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;

(ii) any motion supported by a stipulation of counsel.

208.3(a)(5) If the movant has failed to file a praecipe for determination, any non-moving

party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.

COMMENT: See C.C.R.C.P. 1035.2 (a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.

208.3(b) All other parties shall file their responses, if any, to the motion and their

briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be referred to the court for disposition.

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All briefs or legal memoranda shall contain the following matter under the

following headings:

1) History of the Case: A brief, informal statement of the facts material to the matter under consideration. 2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision. 3) Legal Argument: The section must contain citations to the case law, rule or statute relied on. 4) Conclusion: Specify the type of relief requested.

211.1

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A. Cases in which any party has sought or the court has ordered oral

argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.

B. The court may at any time schedule oral argument or conduct an

evidentiary hearing on any matter pending before it. C. Any party may request oral argument by filing with the brief a

separate “Request for Oral Argument” which shall include the following:

1. The judge to whom the matter is assigned.

2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.

3. A concise statement setting forth why oral argument is necessary.

4. The date upon which the Praecipe for Determination was filed.

Rule 1035.2(a) Motion for Summary Judgment – Procedures for Disposition Motions for Summary Judgment shall be scheduled, argued and decided as set forth in C.C.R.C.P. 208.3(a)(4), 208.3(a)(5), 208.3(b), 210 and 211.1

NOTE: The aforesaid rules provide as follows: 208.3(a)(4)

Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:

(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;

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(ii) any motion supported by a stipulation of counsel.

208.3(a)(5) If the movant has failed to file a praecipe for determination, any non-moving

party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.

COMMENT: See C.C.R.C.P. 1035.2 (a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.

208.3(b) All other parties shall file their responses, if any, to the motion and their

briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.6, the matter will be referred to the court for disposition.

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All briefs or legal memoranda shall contain the following matter under the following headings:

1) History of the Case: A brief, informal statement of the facts material to the matter under consideration. 2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision. 3) Legal Argument: The section must contain citations to the case law, rule or statute relied on. 4) Conclusion: Specify the type of relief requested.

211.1

A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.

B. The court may at any time schedule oral argument or conduct an

evidentiary hearing on any matter pending before it.

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C. Any party may request oral argument by filing with the brief a separate “Request for Oral Argument” which shall include the following:

1. The judge to whom the matter is assigned.

2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.

3. A concise statement setting forth why oral argument is necessary.

4. The date upon which the Praecipe for Determination was filed.

Rule 4007.1.A. Place of Depositions

In the absence of an agreement of the parties pursuant to Pa.R.C.P. No. 4002, or an order of the court upon cause shown, depositions in all cases shall be held in Chester County. Rule 4007.1.B. Problems Arising During Depositions

In the event that a problem arises during the course of a deposition, which would result in the premature termination of the deposition and the subsequent filing of motions to compel answers to the questions involved, the assigned judge shall rule upon the issues on the day they have arisen. If the assigned judge is not available on that day, the court administrator shall refer the matter to the emergency judge for consideration and disposition that day. At the discretion of the judge, the consultation may be by telephone.

COMMENT: See Rule 206.1 A. (1) for certification required with discovery motions and petitions.

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