Beaver Cnty. C.P. Local Rules of Civil Procedure LR 301

The Court shall hold civil case management conferences for all civil matters (excluding those

set forth in subsection (3) below), one day per month as shall be designated in the Court

calendar. The Court Administrator shall set forth dates for case management conferences for the

subsequent calendar year no later than October of the current year so that conferences can

properly be scheduled.

For all new filings in civil matters:

(a) The Prothonotary shall assign the case to a judge on a rotating basis using the Infocon

system.

(b) A case management conference shall be automatically scheduled at the time of the initial

case filing by the Prothonotary, utilizing the Infocon system, to be held on the third month

following the month of the initial case filing, on a date set forth in the Court calendar.

1. Initial case filings shall include appeals from civil judgments of the Magisterial

District Courts, appeals from compulsory arbitration and those cases initiated by Writs of

Summons.

Note: Cases originally filed in compulsory arbitration shall not automatically be scheduled for

a case management conference pursuant to subsection (3) below. However, appeals from

compulsory arbitration will be treated as an initial case filing for purposes of civil case

management and will be scheduled for a case management conference by the Prothonotary at the

time of the filing of the appeal. Parties in this circumstance may wish to move the Court for a

case management conference sooner (see LR212.2B) since fact discovery will presumably have

been completed by this time.

(c) Civil cases included within this rule shall be those matters governed by the Pennsylvania

Rules of Civil Procedure, with the exception of the following:

1. Actions in mortgage foreclosure (see LR1143);

2. Actions subject to compulsory arbitration;

3. Actions pursuant to protection from abuse;

4. Actions for support;

5. Actions for custody, partial custody, and visitation of minor children;

6. Actions of divorce or annulment of marriage; and

7. Real estate assessment appeals (see LR8000.5).

(d) Eminent domain cases shall be included within the civil case management system.

However, a case management conference shall not be scheduled upon the filing of a declaration

of taking because a declaration of taking does not commence an action (In Re Condemnation of

Stormwater Management Easements v. Valley Forge Railways, Ltd., 829 A.2d 1235 (Pa.

Cmwlth. 2003)). Rather, upon presentation of a petition for appointment of a Board of View,

which does commence an action and which must be filed at a separate case number, to institute a

separate case, the Court will schedule a case management conference to set a schedule for that

separate action.

(e) At least 7 days prior to the case management conference, each party shall file with the

Prothonotary, provide a copy to the Court, and serve a copy on opposing parties or counsel for

opposing parties, a brief case summary, not to exceed three (3) pages in length:

1. This case summary shall be substantially in accordance with Form 301A and shall set

forth the general nature of the case, whether there are any motions for judgment on the

pleadings or preliminary objections pending or anticipated, suggested dates for the

completion of expert and fact discovery, suggested dates by which to file dispositive

motions, amenability of the parties to alternative dispute resolution and a proposed date

for a pre-trial conference;

2. If the case was initiated by a Writ of Summons or is an appeal from a civil judgment

of the Magisterial District Courts to which a complaint has not yet been filed, the party

shall notify the Court whether the party intends to file a complaint within 90 days from

the date of the conference.

Note: While there is no formal local rule pertaining to mechanisms for alternative dispute

resolution (ADR), in the Court's experience, parties often agree to case mediation, binding or

non-binding private arbitration, high/low agreements or binding 6-member jury trials, all of

which have been successful in resolving cases. The Court encourages parties to engage in these

or other forms of ADR in an attempt to reduce costs and expedite litigation.

(f) At the time of the case management conference, the Court shall, after consultation with the

parties, issue a case management order setting forth a timeline for discovery, the filing of

dispositive motions, the exchange of expert reports, the scheduling of alternative dispute

resolution (if applicable) and shall place the case on a list for a pre-trial conference.

1. In matters it deems complex or otherwise in its sole discretion, the Court may defer

setting a deadline on any of the items set forth in subsection (6) and may schedule one or

more review conferences at which time the Court can address or re-address the case

management order.

2. If the case was not initiated as one subject to compulsory arbitration but the Court

determines at the time of the conference that it should have been filed as such, the Court

may order the case to proceed through arbitration and schedule the arbitration hearing at

that time.

3. If the case is one initiated by a Writ of Summons to which a complaint has not yet

been filed, the Court shall make inquiry of whether Plaintiff anticipates filing a complaint

within 90 days of the conference. If a complaint is not anticipated, or the Court deems it

appropriate, the Court may schedule a review conference at a time when the Court can re-address the case management order, or the Court may, in its discretion, set a schedule for

the filing of a complaint and the close of all pleadings.

4. If the case is an appeal from a civil judgment of the Magisterial District Courts, and a

complaint has been filed, the Court may schedule the case for arbitration, or it may, in its

discretion, schedule a review conference at a later time.

5. If the case is an appeal from a civil judgment of the Magisterial District Courts, and a

complaint has not been filed, the Court shall make inquiry of whether Plaintiff anticipates

filing a complaint within 90 days of the conference. If a complaint is not anticipated, or

the Court deems it appropriate, the Court may schedule a review conference at a time

when the Court can re-address the case management order, or the Court may, in its

discretion, set a schedule for the filing of a complaint and the close of all pleadings.

(g) Failure of one or both parties to appear at the time of the case management conference or

a party's failure to prepare the case summary as required in subsection (5) may result in

sanctions, at the discretion of the Court including, but not limited to:

1. The scheduling of a subsequent conference where one party fails to appear and an

award of counsel fees to the party appearing, See 42 Pa.C.S.A. § 2503(7) (relating to

dilatory, obdurate or vexatious conduct);

2. The adoption of the proposed schedule provided by the party appearing where one

party fails to appear, or by the party in compliance with these rules where one party fails

to provide the Court with a case summary;

3. Any other sanction the Court deems appropriate.

(h) Nothing in this section shall be construed as to prevent either party from presenting a

motion requesting a case management conference or from the Court sua sponte doing so,

pursuant to LR212.2B, such that the Court may enter a new or amended case management order

at that time.

Note: Parties are encouraged to engage in pre-trial discovery at the earliest possible

opportunity in accordance with the Pennsylvania Rules of Civil Procedure. Nothing contained in

this rule should be construed as to prevent the parties from engaging in discovery prior to the

case management conference.

FORM 301A

(COVER SHEET WITH CAPTION)

LR301 CIVIL CASE SUMMARY

NATURE OF THE CASE

1. Please set forth the general nature of the case:

__________

__________

PENDING/ANTICIPATED PRELIMINARY OBJECTIONS/MOTIONS FOR

JUDGMENT ON THE PLEADINGS

2. Are there any pending or anticipated preliminary objections or motions for judgement on

the pleadings in this case?

Yes ____ No ____

If yes, please provide more detail:

__________

__________

SUGGESTED DATES

3. Set forth suggested dates for the following:

Date by which fact discovery should be completed:

Date by which expert reports should be exchanged:

Dates by which dispositive motions and responses thereto should be filed:

Dates proposed for pre-trial conference:

WRIT OF SUMMONS/MDJ APPEAL

4. Is this a case which has either been initiated by a Writ of Summons or is an appeal of a

civil judgment from the Magisterial District Courts and a complaint has not yet been filed?

Yes ____ No ____

If so, does the Plaintiff anticipate filing a complaint within 90 days of the case management

conference? Yes ____ No ____

ADR

5. Are you interested in attempting to resolve this case by a method of alternative dispute

resolution?

Yes ____ No ____

a. If yes, select one or more of the following:

Mediation [] Arbitration [] Binding 6-Member Jury Panel []

Submitted By: _________________