Columbia Cnty. C.P. Civil Local Rules 3

L.R. No. 216 CONTINUANCES

A request for continuance in any matter scheduled before a district justice, special master, Board

of Arbitration, hearing officer, or any other specially presiding tribunal will not be entertained by

the Court. Instead, all such requests shall be addressed to the appropriate specially presiding

tribunal.

L.R. No. 205.2(a) PHYSICAL CHARACTERISTICS OF PLEADINGS AND OTHER

LEGAL PAPERS

A. All pleadings and legal papers filed within the 26th Judicial District shall be prepared on 8 1/2

x 11 inch white paper. Exhibits which have length longer than 11 inches shall be reduced. All

papers shall be typewritten, double-spaced, and legible. Script and italic type are discouraged

but not prohibited. Backers are optional. All paper must be stapled at the top and not on the

side.

B. All papers shall be signed by the attorney submitting the paper. Immediately beneath the

signature, there shall appear the attorney’s typewritten name, office address, attorney

identification number, and telephone number.

C. For a party proceeding pro se; immediately beneath the signature there shall appear the

legibly printed or typewritten name, address and telephone number.

L.R. No. 205.3 FILING OF PAPERS

A. Domestic Relations papers will be filed only at the Domestic Relations Office.

B. Trial Briefs, Pretrial Memoranda, and trial documents such as Points for charge, Motions in

Limine, and similar documents shall be stamped “Received but NOT FILED of record.”

L.R. No. 206.4(c) ISSUANCE OF RULE TO SHOW CAUSE

(1) A rule to show cause for petitions governed by Pa.RCP 206.1 et seq., shall issue as

of course pursuant to Pa.RCP 206.6. The petitioner shall attach to the front of the petition a

proposed order substantially in the following form:

(CAPTION)

ORDER

AND NOW, this ________ day of ____________, __________, upon consideration

of the within petition, it is hereby ordered as follows:

(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;

(3) the petition shall be decided under Pa.RCP 206.7;

(4) a pre-disposition conference shall be held on ___________, at _____ _____.m. in the

undersigned Judge’s Chambers of the ____________________County Courthouse,__________

Pennsylvania; and,

(5) notice of the entry of this order shall be provided to all parties by the moving party.

BY THE COURT:

_____________________________

J.

(2) If the petitioner requests a stay, the order may be modified accordingly.

(3) The court, in its discretion, at a time prior to the pre-disposition conference, may

conduct a telephone conference call with counsel of record and any pro se parties regarding

disposition of the pending petition.

(4) A request for a stay of execution pending disposition of a petition to open a default

judgment shall be presented to the duty Judge after notice to opposing counsel and any pro se

parties of the intended date, time and place of presentation.

(5) At the conclusion of the pre-disposition conference, or after the telephone conference

call provided for under subparagraph (3) above, the court shall issue an order providing for one

or more of the following:

(i) The filing of affidavits, depositions and the like.

(ii) The scheduling of an evidentiary hearing.

(iii) The listing of the case for argument court for disposition pursuant to L.R.

1028(c)(2)(E).

(iv) Any other matters deemed appropriate for disposition of the petition.

L.R. No. 208.2(c) MOTION CONTENT

All motions filed shall include a brief statement of the applicable authority.

L.R. No. 208.2(d) UNCONTESTED MOTION

All motions filed shall include a certification, signed by counsel for the moving party or

by the pro se moving party, stating whether the motion is contested or uncontested. In the

absence of the certification required by this rule, the motion shall be deemed contested.

L.R. No. 208.2(e) CONTESTED MOTIONS

All motions filed relating to discovery shall include a certification, signed by counsel for

the moving party or by the pro se moving party, stating that counsel or the pro se party has

conferred or attempted to confer with all interested parties in order to resolve the matter without

court action.

L.R. No. 208.3(a) ALTERNATIVE PROCEDURES

(1) All motions filed with a certification that the motion is contested or deemed contested

pursuant to L.R. 208.2(d) shall have attached to the front thereof a proposed order substantially

in the following form:

(CAPTION)

ORDER

AND NOW, this day _____ of __________, __________, upon consideration of the within

Motion, it is hereby ordered as follows:

(1) a rule is issued upon the respondent to show cause why the moving party is not

entitled to the relief requested;

(2) the respondent shall file an answer to the motion within twenty (20) days of service

upon the respondent;

(3) the motion shall be decided under Pa.RCP No. 206.7;

(4) a pre-disposition conference shall be held on _________, ____ at _________m., in

the undersigned Judge’s Chambers of the _____________County Courthouse,

_______________, Pennsylvania.

(5) notice of entry of this order shall be provided to all parties by the moving party.

BY THE COURT:

___________________________

J.

(2) If the moving party requests a stay, the form of the order may be modified

accordingly.

(3) The court, in its discretion, at a time prior to the pre-disposition conference, may

conduct a telephone conference call with counsel of record and any pro se parties regarding

disposition of the pending motion.

(4) At the conclusion of the pre-disposition conference, or after the telephone conference

call provided from under subparagraph (3) above, the court shall issue an order providing for one

or more of the following:

(i) The filing of affidavits, depositions and the like.

(ii) The scheduling of an evidentiary hearing.

(iii) The listing of the case for argument court for disposition pursuant to L.R.

1028(c)(2)(E).

(iv) Any other matters deemed appropriate for disposition of the motion.

L.R. No. 208.3

(a) MOTIONS REQUESTING EX PARTE RELIEF

A. A Moving Party intending to present to the Court a Motion requesting Injunctive Relief, a

Stay of Proceedings, a Motion to Compel Discovery, or other ex parte relief shall make a diligent

and conscientious effort to notify any known opposing counsel of the intent to present such a

Motion at the earliest possible time.

B. Consistent with the requirement set forth in Subsection A, the Moving Party shall, at a

minimum, speak with opposing counsel by telephone, or leave a specific message with his or her

staff during regular business hours, or if such notice must be delivered after the close of regular

business hours, the Moving Party shall make reasonable attempts to speak with opposing counsel

at this his or her home, or leave a specific message with a competent adjust residing therein.

C. A Motion presented to the Court pursuant to Subsection A shall include a Certificate signed

by the Moving Party stating whether or not opposing counsel was notified of the time such

Motion would be presented, and if opposing counsel was not personally notified, setting forth the

efforts made by the Moving Party to do so. Failure to attach a Certificate in accordance with this

subsection shall be grounds for denial of the relief sought.

D. In matters in which a party is unrepresented by counsel, counsel for the Moving Party shall

follow the same procedures set forth above in Subsections A, B, and C in attempting to notify

and unrepresented party.

E. Upon the filing of a motion to compel written discovery, the Court shall not issue an ex parte

order granting the motion in less than ten (10) days after the filing of the motion to give the

opposing party time to respond to the motion.

(b) MOTION RESPONSE

If a motion is filed with a certification that the motion is contested or is deemed to be

contested pursuant to L.R. 208.2(d), then any party opposing the relief requested shall file a

written response to the motion within twenty (20) days after service of the motion. In the

absence of a response, the court may consider the motion to be uncontested by any non-responding party.

L.R. No. 210 FORM OF BRIEFS

All briefs shall contain the following information:

(1) The caption of the case.

(2) A brief procedural history and comprehensive statement of the relevant facts.

(3) The issues before the court.

(4) Comprehensive argument and discussion addressed to the issues with all relevant and

recent authorities. The argument shall specifically cite and endeavor to distinguish all

conflicting or opposing authorities.

L.R. No. 1018.1 NOTICE TO DEFEND

The addresses to be included in the Notice to Defend referred by Pa.R.C.P. 1018.1 shall be as

follows:

NORTH PENN LEGAL SERVICES

168 EAST FIFTH STREET

BLOOMSBURG, PA 17815

(570) 784-8760

PENNSYLVANIA LAWYER REFERRAL SERVICE

PENNSYLVANIA BAR ASSOCIATION

PO BOX 186

HARRISBURG, PA 17108

1-800-692-7375

L.R. No. 1028(c) PRELIMINARY OBJECTIONS

(1)(A) All preliminary objections filed raising an issue or issues under Pa.RCP

1028(a)(1), (5) or (6) (i.e., objections that cannot be determined from facts of record) shall be

endorsed with a notice to plead and shall have attached to the front thereof a proposed order

substantially in the following form:

(CAPTION)

ORDER

AND NOW, this ______ day of _______, __________, upon consideration of the within

preliminary objections, it is hereby ordered as follows:

(1) the responding party shall file an answer to the preliminary objections within twenty

(20) days of service upon the responding party.

(2) a pre-disposition conference shall be held on ___________, _____, at

__________________m. in the undersigned Judge’s Chambers of the ______________ County

Courthouse, ______________, Pennsylvania.

(3) notice of the entry of this order shall be provided to all parties by the party filing the

preliminary objections.

BY THE COURT:

__________________________________J.

(i) The court, in its discretion, at a time prior to the pre-disposition conference, may

conduct a telephone conference call with counsel of record and any pro se parties regarding

disposition of the pending preliminary objections.

(1)(B) At the conclusion of the pre-disposition conference, or after the telephone

conference call provided for under subparagraph (1)(A)(i) above, the court shall issue an order

providing for one or more of the following:

(i) The filing of affidavits, depositions and the like.

(ii) The scheduling of an evidentiary hearing.

(iii) The listing of the case for argument court for disposition pursuant to L.R.

1028(c)(2)(E).

(iv) Any other matters deemed appropriate for disposition of the preliminary objections.

(2)(A) All preliminary objections filed raising an issue or issues solely under Pa.RCP

1028(a)(2), (3) or (4) (i.e., objections that may be determined from facts of record without

further evidence) shall be accompanied by a brief in support of the objections and a praecipe for

argument court in substantially the following form:

PRAECIPE

IN THE COURT OF COMMON PLEAS OF THE 26TH JUDICIAL DISTRICT OF

PENNSYLVANIA

_________________COUNTY BRANCH

No. _______

Type of Action: _____________

TO:___________, Prothonotary,

PLACE THE FOLLOWING CASE ON THE NEXT ARGUMENT LIST

______________ Plaintiff,

______________ Plaintiff’s Attorney, Address & Telephone No.

Vs

______________ Defendant,

______________ Defendant’s Attorney, Address & Telephone No.

By: ___________

Date:___________

Attorney for:___________

(2)(B) If the preliminary objections are not accompanied by a brief and/or praecipe for

argument court, the prothonotary shall time-stamp and docket the document and shall advise the

filing party that no action will be taken on the matter until there has been compliance with the

requirements of L.R. 1028(c)(2)(A).

(2)(C) The Prothonotary shall deliver a copy of the preliminary objections, praecipe for

argument court and the brief to the court administrator.

(2)(D) The party filing the preliminary objections shall serve a copy of the preliminary

objections, praecipe for argument court and brief on the opposing counsel or pro se opposing

party or parties within five (5) days of the filing date and shall file a certificate of service in the

Prothonotary’s office.

(2)(E) Any matters subject to disposition by brief and oral argument under these Local Rules

shall be disposed of at argument court at which all counsel of record and pro se parties shall be

present. The Judge to whom the case has been assigned shall compile a list of cases to be heard

at argument court and shall provide notice to counsel of record and pro se parties setting forth the

following:

(i) The date, time and place of oral argument.

(ii) If necessary, the date upon which the moving party’s brief is due.

(iii) If necessary, the date upon which the responding/opposing party’s brief is due.

At argument court, all parties shall be limited to fifteen minutes. The court, in its discretion, may

grant a longer period of time for argument.

If the responding/opposing party does not file a brief as required by these Local Rules, the court,

in its discretion, may determine that said party concurs in the matter.

A party may file a written request to the court for an extension of time to file a brief or for a

continuance of oral argument. The request shall be in the form of a motion with a proposed

order and shall indicate the reasons for the requested extension or continuance and shall further

state whether the opposing counsel or opposing pro se party or parties agree or object to said

request.

L.R. No. 1034(a) MOTION FOR JUDGEMENT ON THE PLEADINGS

(1) All motions for judgment on the pleadings shall be accompanied by a brief in support of the

motion and praecipe for argument court in substantially the form set forth under L.R.

1028(c)(2)(A).

(2) If the motion for judgement on the pleadings is not accompanied by a brief and/or praecipe

for argument court, the Prothonotary shall time-stamp and docket the document and shall advise

the filing party that no action will be taken on the matter until there has been compliance with the

requirements of L.R. 1034(a)(1).

(3) The Prothonotary shall deliver a copy of the motion for judgement on the pleadings praecipe

for argument court and the brief to the court administrator.

(4) The party filing the motion for judgement on the pleadings shall serve a copy of the motion,

praecipe for argument court and brief on the opposing counsel or pro se opposing party or parties

within five (5) days of the filing date and shall file a certificate of service in the Prothonotary’s

office.

(5) The motion for judgement on the pleadings shall be disposed of in accordance with the

procedures for argument court set forth in L.R. 1028(c)(2)(E).

L.R. No. 1035.2(a) MOTION FOR SUMMARY JUDGMENT

All motions for summary judgment shall be disposed of in accordance with the same procedures

for disposition of motions for judgment on the pleadings set forth in L.R. 1034(a), subparagraphs

(1), (2), (3), (4) and (5).

L.R. No. 1301 COMPULSORY ARBITRATION

A. Scope. All civil cases which see only monetary damages, where the amount in controversy

shall be fifty thousand ($50,000.00) Dollars or less, exclusive of costs and interest, shall be

submitted to, heard and decided by a Board of Arbitrators, consisting of three (3) attorneys

appointed at the discretion of the President Judge. No substitution of Arbitrators so selected is

permitted.

B. Time for Submission to Arbitration by Parties. When the pleadings are closed and the

case is at issue, either party may submit a request for arbitration to the Court Administrator. This

request shall be made on forms to be prepared by the Court Administrator, and shall be time-stamped in the Office of the Prothonotary prior to presentation to the Court Administrator. One

copy of the request shall be filed personally by the party or counsel to the Court Administrator,

and a copy shall be served upon the opposing party or parties.

C. Time for Reference to Arbitration by Court. On its own Motion, or the Motion of either

party, when it appears, after hearing, Deposition or Stipulation that the amount in controversy

does not exceed fifty thousand ($50,000.00) Dollars, the Court shall enter an Order of reference

to a Board of Arbitration.

D. Scheduling of Hearings. The Court Administrator shall assign cases to each Board

appointed and shall designate the date and location of the hearing. The Court Administrator shall

give notice of the hearing date and location to the Arbitrators and each party or his attorney.

E. Continuances. Except for cause shown in special cases, only one (1) continuance of a case

will be granted on behalf of one party or group of parties having similar interests, and in no

instance shall, a continuance be granted to a party unless the request is made at least one (1)

week prior to the date scheduled for the arbitration hearing. If an attorney has a scheduling

conflict, he must notify the Court Administrator no less than 72 hours prior to the arbitration

hearing. If an attorney does not appear for a scheduled arbitration hearing and the arbitration is

therefore cancelled, a sanction will be imposed in the amount of the arbitration fee.

F. Duty of Arbitrators. In no instance will a continuance be granted to an Arbitrator. All

Arbitrators are required to serve as appointed and may be relieved of their appointment only by

being excused by the President Judge upon good cause shown.

G. Compensation. Each member of the Board of Arbitrators who has signed the report or files

a minority report shall receive as compensation for his services in each case a fee of seventy-five

($75.00) Dollars. In cases requiring hearing of unusual duration or involving questions or

unusual complexity, the Court, on Petition of the members of the Board and for cause shown,

may allow additional compensation. The Court may also, on Petition of any party to a case, on

cause shown and to prevent injustice, reduce the amount of such compensation or disallow

compensation entirely. The members of a Board shall not be entitled to receive their fees until

after filing a report with the Prothonotary. When the same is filed, the Prothonotary shall issue

an Order for payment of such fees which shall be immediately paid from county funds as in the

case of all other county debts. Fees paid to Arbitrators shall not be taxed as costs nor follow the

award as other costs.

L.R. No. 1302 SELECTION OF ARBITRATORS:

A. The Court Administrator shall maintain a master list of arbitrators consisting of all Attorneys

actively engaged in the practice of law in the 26th Judicial District arranged in a random manner.

Each case for which a Certificate of Readiness for Arbitration has been filed shall be assigned by

the Court Administrator to an Arbitration Board consisting of three (3) attorneys and chosen

randomly from the master list. It is the intent of this Rule that the members of the Bar serving on

an arbitration panel receive an equal number of appointments.

B. The Board shall be chaired by a member of the Bar admitted to the practice of law for at least

three (3) years.

C. Not more than one (1) member or associate of a firm or association of attorneys shall be

appointed to the same Board.

D. If any attorney wishes to be replaced as an arbitrator in any particular arbitration hearing, the

attorney shall advise the Court Administrator, in writing, no later than ten (10) days before the

scheduled arbitration setting forth the reasons why the attorney cannot be present at the

arbitration and the attorney can be excused from serving on the Board of Arbitration for

reasonable cause. If the reason why the attorney cannot appear at the scheduled arbitration arose

after the seven (7) day period, the attorney shall immediately advise the Court Administrator of

the reasons why he or she cannot attend the arbitration.

E. The Court Administrator shall excuse an attorney from an Arbitration only for the following

reasons:

1. A conflict with a court appearance.

2. Illness.

3. Death of immediate family member. (Father, mother, husband, wife, child)

L.R. No. 212.1 LISTING MATTERS FOR TRIAL

A. Cases at issue shall be listed for trial by either party filing a Certificate of Readiness for Trial

Listing with the Prothonotary and by mailing a copy to all opposing counsel and to the Court

Administrator in accordance with the provisions of Rule of Civil procedure. No matter shall be

listed for trial when discovery proceedings are pending. In the event that a matter is listed for

trial in which there are pending discovery proceedings, it shall be stricken from the list upon

Motion of a party.

B. Once a matter has been listed for trial, discovery requests or proceedings shall not be initiated

except upon Order of Court or written agreement of counsel filed with the Court.

L.R. No. 212.3 PRETRIAL CONFERENCE

A. In any civil action filed within the 26th Judicial District in which a Praecipe for Trial Listing

has been filed, the Court shall hold a Pretrial Conference with counsel for the parties.

B. At least fifteen (15) days prior to the Pretrial Conference, counsel for Plaintiff shall contact

all counsel and conduct a conference among counsel to exchange lists of witnesses to be called at

trial, to resolve objections to deposition testimony, to mark all exhibits to be used at trial, to

discuss the prospects for settlement and attempt to agree on the authenticity of said exhibits.

Counsel who intends to try the case shall attend the attorney conference. Counsel shall make a

good faith effort to agree on the authenticity and admissibility of the exhibits as well as

objections to deposition testimony. If such agreement cannot be reached, the objecting party

shall be prepared to state in detail the reasons for the objection together with any authorities in

support of his/her position at the Pretrial Conference.

C. Counsel for each party shall thereafter submit a Pretrial memorandum to the judge before

whom the case is scheduled at least ten (10) days prior to the scheduled conference. The Pretrial

Memorandum shall contain the following:

1. A concise statement of the claim or defense on liability and damages;

2. A separate list of the issues involved on liability and damages;

3. A separate list of those attorneys present at the attorney conference with identification

of the party each represents and the date of the attorney conference;