Armstrong Cnty. C.P. Rules of Judicial Administration (introduction)

PART V

LOCAL RULES OF JUDICIAL ADMINISTRATION

(cited as L.R.J.A No. ____)

MISCELLANEOUS ADMINISTRATIVE PROVISIONS

Rule 100. Local Rule of Judicial Administration Governing

Public Access Policy

In accordance with Section 7.0 Confidential Information of

the Public Access Policy of the Unified Judicial System of

Pennsylvania: Case Records of the Appellate and Trial Courts,

certain information described in Section 7.0(A) shall not be

included in any document filed with the court or custodian.

Parties or attorneys shall file a Confidential Information Form

contemporaneously with such document. The Confidential

Information Form is available on www.accourts.com,

www.pacourts.us, or in the filing office.

Adopted November 30, 2017. Effective January 6, 2018.

Rule 1901 Termination of Inactive Case. Notice

(a) The prothonotary shall list for the general call on the

first Monday in November of each year all civil matters in which

no steps proceedings have been taken for two years or more prior

thereto and shall give notice thereof to counsel of record, and

to the parties for whom no appearance has been entered, as

provided by Pa.R.J.A. No. 1901(c). If no action is taken or no

written objection is docketed in such a matter prior to the

commencement of the general call, the prothonotary shall strike

the matter from the list and enter an order as of course

dismissing the matter with prejudice for failure to prosecute,

under the provisions of this rule. If no good cause for

continuing a matter is shown at the general call, an order shall

be entered forthwith by the court for dismissal. The objecting

party or counsel of record must appear at the general call.

Adopted January 15, 2015, effective March 8, 2015

(b) The Clerk of Courts shall list for general call on the

first Monday of November of each year at 10:00 A.M. all criminal

proceedings in which no steps or proceedings have been taken for

two (2) years or more prior thereto and shall give notice

thereof to the District Attorney, any private prosecutor and the

defendant. If no good cause for continuing a proceeding is

shown at the general call, an order for dismissal shall be

entered forthwith by the court.

(c) The Clerk of the Orphans’ Court Division shall list for

general call on the first Monday of November of each year at

10:00 A.M. all civil matters in which no steps or proceedings

have been taken for two (2) years or more prior thereto and

shall give notice thereof to counsel of record, and to the

parties for whom no appearance has been entered. If no action

is taken or no written objection is docketed in such a matter

prior to the commencement of the general call, the Clerk of the

Orphans’ Court Division shall strike the matter from the list

and enter an order as of course dismissing the matter with

prejudice for failure to prosecute, under the provisions of this

rule. If no good cause for continuing a matter is shown at the

general call, an order shall be entered forthwith by the court

for dismissal.

(d) Each District Justice shall annually provide to the

Court Administrator on or before the first day of September in

each year a list of all civil and criminal matters in which no

steps or proceedings have been taken for two (2) years or more

prior thereto. The Court Administrator shall thereupon give

notice to the parties in all civil matters, and to the police or

private prosecutor, in all criminal matters, that the matter

will be dismissed on the first Monday of November at 10:00 A.M.

by the District Justice of the District in which the matter was

commenced, unless good cause is shown. Each District Justice

shall hear all objections to dismissal in the Third Floor

Hearing Room of the Armstrong County Courthouse at 10:00 A.M. on

the first Monday of November of each year.

(e) Notice of an opportunity for hearing on a proposed

termination shall be given by the Prothonotary, Clerk of Courts,

the Clerk of the Orphans’ Court Division, or Court

Administrator, as the case may be, as follows:

i) in person or by regular mail to the last

address of record of the parties or their

counsel of record; or

ii) by publication one time in the Armstrong

County Legal Journal, at least thirty (30)

days before the date of the general call,

where notice by regular mail cannot be given

or has been returned undelivered.

Comment

Former L.R.J.A. No. 1901(a) is new governed by Pa.R.C.P. No. 230.2.

Rule 1901.1 Status Conference in Certain Cases

(a) The Court Administrator shall cause a status conference

to be held before a judge approximately 180 days after a

complaint in civil action, as defined below in subsection (c),

has been filed, unless the case has already been placed on the

Pre-Trial Conference List pursuant to L.R.C.P. No. 212.1.

(b) At the status conference, the Court may do any or all

of the following:

i) establish deadlines for discovery;

ii) establish deadlines for the filing of amended pleadings

or the joinder of additional parties;

iii) order a severance or consolidation pursuant to

Pa.R.C.P. No. 213;

iv) schedule a pre-trial conference;

v) schedule a trial;

vi) take any other action to expedite the resolution of the

issues.

(c) For purposes of this Rule, “civil action” includes only

tort, mass tort, professional liability, contract, and equity

actions.

Adopted November 21, 2014, effective January 13, 2015

Rule 1904 Custody, Storage and Disposal of Exhibits

(Rescinded on March 22, 2024, effective May 6, 2024.)

RULES GOVERNING COURT REPORTING AND TRANSCRIPTIONS

Rule 4001 Interpretation of Rules. Citations of Rules

(A) These Local Rules of Judicial Administration pertaining

to court reporting and transcripts shall be read in pari materia

with the Pennsylvania Rules of Judicial Administration

pertaining to the same subject matter.

(B) The Local Rules of Judicial Administration shall be

Rule 4002 Definitions

Court Administrator means the court administrator of the

Court of Common Pleas of the 33rd Judicial District sitting in

Armstrong County.

Court reporter includes court recorder, unless indicated

otherwise.

Rule 4004 Certification of Court Reporter. Duties of Court

Administrator

(A) The Court Administrator shall be responsible for making

the determination of whether a court reporter first employed or

utilized by the Court after January 1, 2017 meets the minimum

criteria to serve in such capacity, as set forth in the

Pennsylvania Rule of Judicial Administration. In the event that

the minimum criteria are met, the Court Administrator shall

approve the court reporter’s use by the Court.

(B) The Court Administrator shall be responsible for

presenting pertinent information to the President Judge

sufficient so as to permit the judge to determine if the

triennial or other requalification requirements for a court

reporter, as set forth in the Pennsylvania Rules of Judicial

Administrator, have been satisfied.

Rule 4007 Requests for Transcripts. Payments

(A) All requests for a transcripts shall be filed with the

Court Administrator.

(B) Upon receipt of a request for an ordinary transcript,

the Court Administrator shall forthwith instruct the appropriate

court reporter to prepare a brief statement of estimated cost.

In preparing such statement, the court reporter shall calculate

the estimated cost by using the price rates explicitly

established by the Pennsylvania Rules of Judicial Administration

or other rates approved pursuant thereto.

(C) A partial payment shall be made by the requester after

the Court Administrator has informed the requester of the

estimated cost. A partial payment in the amount of seventy-five

percent (75%) of the estimated cost shall be made for an

ordinary transcript. A partial payment in the amount of ninety

per cent (90%) of the estimated cost shall be made for all other

transcripts. All checks shall be made payable to “The Treasurer

of Armstrong County.” All checks shall be delivered to the

Court Administrator.

(D) The Court Administrator shall receive payment for any

balance owed for the transcript. All checks shall be payable to

“County of Armstrong.” The Court Administrator shall deliver

the transcript to the requester upon receipt of such payment.

(E) If a filing office (Office of the Prothonotary, Clerk

of Courts, or the Clerk of the Orphans’ Court Division) receives

a request for a copy of a transcript already delivered to it by

a court reporter, it shall forward the same to the Court

Administrator. The Court Administrator shall proceed in

accordance with this Rule. The filing office is prohibited from

making a copy of a transcript, paperbound or otherwise.

(F) The provisions of this Local Rule regarding deposits

and final payments shall not apply to a request for a transcript

where the Commonwealth or any subdivision thereof is the

requester, or where the requester has been given in forma

pauperis status. Legal aid clients shall be entitled to obtain

an ordinary transcript at no cost, provided that Laurel Legal

Services, or any other legal aid agency representing the

requester, must first provide the President Judge with a letter

of certification verifying, as provided in R.J.A. 4008(B), that

the client meets financial eligibility and that the matter is

under appeal or that the transcript being requested is necessary

to advance the current litigation.

Rule 4008 Transcript Costs Payable by Requesting Party

Other than the Commonwealth or a Subdivision

Thereof

(A) The transcript costs payable by a requesting party

other than the Commonwealth or a subdivision thereof, shall be

subject to the provisions of Paragraph (B) and (C) of this Rule,

and shall be as follows: