Elk Cnty. C.P. View All Local Rules 10

“ hour(s) is allotted for the argument.” Upon receipt of the scheduling order, if

counsel or a self-represented party does not believe that the allotted time is reasonably

sufficient, it is the duty of counsel or the party to contact the Court Administrator’s office,

in writing, to request a continuance in order to reschedule the time necessary for the

argument

Rule L210 Briefs

1. Briefs shall be prepared in the form prescribed by Pa.R.C.P. 210. Briefs shall not be filed

of record unless directed by the Court. Unless otherwise directed, briefs shall be

submitted to the Court as follows:

a. The moving party shall submit a brief fourteen (14) days in advance of argument

b. The responding party shall submit a brief seven (7) days in advance of argument.

Rule L212.1 Trial

1. Trial sessions shall be held at such time as established by the annual court calendar to

dispose of all trial-ready jury and non-jury cases.

2. Cases shall be placed on the civil trial list by filing a certificate of readiness and a

praecipe to list with the Prothonotary, along with a certificate of service showing service

on all other parties in interest or their counsel of record.

3. Any party or counsel of record filing a certificate of readiness shall certify thereon that: (1)

all pleadings have been completed; (2) all pretrial discovery procedures have been

completed; (3) all medical examinations have been completed and medical reports

exchanged; and (4) the case is ready for trial.

4. Any party or counsel of record who is served with a copy of a certificate of readiness that

has been filed by an adverse party shall have ten (10) days from the date of service in

which to file exceptions thereto. A proposed order scheduling argument on the

exceptions shall be submitted simultaneously with the filing of the exceptions and

argument on the exceptions will be scheduled thereafter.

Rule L212.2 Pre-trial Statement

1. No less than ten (10) days prior to the date scheduled for the pre-trial conference, each

party shall file with the Prothonotary a pre-trial statement containing those items set forth

in Pa.R.C.P. 212.2 and serve other counsel of record or self-represented litigant. In

addition, the pre-trial statement shall set forth an estimate of the length of time which will

be required to present the party’s case in chief. Amendments to a pre-trial statement

may be submitted up to 30 days prior to the date trial is to begin and not thereafter unless

approved by the Court.

Rule L212.3 Pre-trial Conference

1. For the purposes of this rule, “pre-trial conference” shall mean a type of conference

described in Pa.R.C.P. 212.3.

2. Except as otherwise ordered by the Court, a pre-trial conference shall be held at a date

and time directed by the Court Administrator. Pre-trial conferences are extended to all

jury and non-jury actions not subject to arbitration under Rule L1301.

3. Counsel attending the pre-trial conference must have actual authority to stipulate on

items of evidence and admissions, and must have actual settlement authority. If counsel

does not have such authority, then the person or corporation having an actual interest in

the case, whether as a party, as an insurance carrier or otherwise, shall be personally

present at the pre-trial conference.

4. The attorney who will be in charge of the handling of the trial of the case as well as any

other attorney who will handle the examination or cross-examination of witnesses must

attend the pre-trial conference.

5. During the pre-trial conference, a date certain will be established for jury selection.

6. Immediately following the pre-trial conference, the Court will issue a case management

order covering all matters addressed at pre-trial. Following the issuance of a case

management order, the Court Administrator shall schedule active jury and non-jury cases

for trial on a date certain after consultation with counsel and any self-represented party.

Rule L216 Motion for Continuance

1. All continuance motions must be filed with the Prothonotary before being presented to the

Court. Personal presentment is not required.

2. A motion for continuance shall be in writing, shall be signed by counsel or self-represented litigant, shall set forth specifically the reason for the request, and shall

contain a statement that opposing counsel or any self-represented litigant either objects

or does not object to the proposed continuance. In addition, any motion for continuance

filed by an attorney shall include a statement that the client represented by the attorney

requesting the continuance has been made aware of the motion and has consented to

the continuance.

3. Motions submitted to the Court by facsimile or other electronic transmission will not be

considered except in extraordinary or emergency situations. Any motion initially

submitted by facsimile or other electronic submission must be filed of record within two

(2) business days thereafter.

4. All motions for continuances based upon a calendar conflict due to an appearance

scheduled in another court must include a copy of the scheduling order or notice issued

by the other court. Since the Court of Common Pleas of the 59th Judicial District routinely

schedules cases on a date certain after consultation with all counsel, absent

extraordinary circumstances, a motion for continuance based upon proceedings

scheduled in another court of record or appellate court will be granted only if the other

court’s scheduling order was issued before the order scheduling the proceeding for which

the continuance is sought.

Rule L227.1 Post-Trial Conferences

1. In every case in which a motion for post-trial relief has been filed or, alternatively, at the

Court’s discretion, the Court Administrator shall schedule a post-trial conference to be

held as soon as the business of the Court permits. The purpose of such conference shall

be to determine the precise issue or issues that will be before the Court on said motion

and the extent of the trial record that will need to be transcribed.

a. Absent a request for transcription of a portion of the record, the Court will dispose

of the motion without transcript.

b. A party filing a post-trial motion who desires a transcript shall cause the transcript

or portion thereof to be prepared before the motion is argued.

c. In all cases where a transcript is requested, the party requesting the transcript

must present a motion and order to the Court specifically identifying that portion

of the record that is requested, and in the event that less than all of the trial is to

be transcribed, the date and witnesses that are requested.

d. The court reporter shall, upon written request of counsel, provide an estimate of

the cost of the transcript. Unless otherwise directed by the Court, the court

reporter shall not begin transcribing notes until a deposit is made by the

requesting party in an amount equal to one-half of the estimate cost of the

transcription. Upon completion of the transcript, the court reporter shall invoice

the party requesting the transcript. The transcript shall not be filed nor a copy

delivered to any party until the invoice is paid in full. In the discretion of the Court

and upon order specially made, the transcript invoice may be taxed as costs of

suit.

Rule L230.2 Termination of Inactive Cases

1. On or before September 1 of each year, the Prothonotary shall prepare a list of all civil

matters in which there has been no activity of record for two years or more prior thereto

by serving a notice of proposed dismissal of court case.

2. The Prothonotary shall serve notice of proposed dismissal for each case on counsel of

record, and on the parties if not represented, at least sixty (60) days prior to the date of

the proposed termination. The notice shall contain the date of the proposed termination

and the procedure to avoid termination.

a. Where it would be unduly burdensome to research the captions, parties, and

mailing addresses of Cameron County divorce cases that have been inactive for

two years or more, such cases shall be terminated pursuant to Pa.R.C.P. 230.2,

provided, however, the Cameron County Prothonotary shall serve notice of the

proposed dismissal upon plaintiffs’ counsel or self-represented plaintiffs, at least

sixty (60) days prior to the date of the proposed termination.

b. The President Judge shall determine when the use of L230.2(a) is appropriate

and shall issue an order of court authorizing the Cameron County Prothonotary

to proceed under this rule.

Rule L430 Service by Publication

1. In all actions where service by publication is permitted, publication shall be made one

time in a daily newspaper published in the county in which the action is brought, as no

legal journal or publication exists in the 59th Judicial District.

Rule L1018 Notice to Defend. Form

1. The officer to be named in the notice to defend from whom information concerning legal

help can be obtained is:

a. For matters filed in Elk County:

Elk County Prothonotary

Elk County Courthouse

240 Main Street

Ridgway, PA 15853

(814) 776-5344

b. For matters filed in Cameron County:

Cameron County Prothonotary

Cameron County Courthouse

20 East Fifth Street

Emporium, PA 15834

(814) 486-3349

Rule L1028(c) Preliminary Objections

1. Preliminary objections shall be filed with Prothonotary and shall include a proposed order

scheduling argument on the preliminary objections, including a provision for the time

allotted for the argument. Courtesy copies for the Court are not required. Briefs shall be

filed in accordance with Pa.R.C.P. 210 and Rule L210.

Rule L1034(a) Motion for Judgment on the Pleadings

1. A motion for judgment on the pleadings shall be filed with the Prothonotary before being

presented to the Court and shall include a proposed order scheduling argument on the

motion. Personal presentment is not required. Courtesy copies of the motion for the

Court are not required.

2. A brief shall be submitted contemporaneously with the motion or as directed in the

scheduling order.

3. Motions submitted to the Court by facsimile or other electronic transmission will not be

considered except in extraordinary or emergency situations. Any motion initially

submitted by facsimile or other electronic submission must be filed of record within two

(2) business days thereafter.

4. The opposing party shall file an answer or submit a reply brief to the motion within 20

days after service of the motion unless the time for filing the response is modified by

court order.

5. Argument on the motion shall be scheduled after filing as a matter of course and without

the necessity of filing a praecipe for argument. Argument shall be scheduled for a time

and date certain. The moving party shall notify opposing counsel and any unrepresented

party of the date, time and place for argument. The Court, in its discretion, may decide

the matter at argument or take the matter under advisement.

6. The proposed order scheduling argument on the motion shall include the phrase

“ hour(s) is allotted for the argument.” Upon receipt of the scheduling order, if

counsel or a self-represented party does not believe that the allotted time is reasonably

sufficient, it is the duty of counsel or the party to contact the Court Administrator’s office,

in writing, to request a continuance in order to reschedule the time necessary for the

argument.

7. The Court, in its discretion, may hear any argument by telephone conference or

videoconference provided counsel has submitted a prompt written request to the Court to

participate electronically. The party requesting to participate electronically shall bear the

cost of participating electronically unless the Court provides otherwise.

8. A court reporter will not attend the argument unless specifically directed by the Court.

Rule L1035.2(a) Motion for Summary Judgment

1. A motion for summary judgment shall be filed with the Prothonotary before being

presented to the Court and shall include a proposed order scheduling argument on the

motion. Personal presentment is not required. Courtesy copies of the motion for the Court

are not required.

2. A brief shall be submitted contemporaneously with the motion or as directed in the

scheduling order.

3. Motions submitted to the Court by facsimile or other electronic transmission will not be

considered except in extraordinary or emergency situations. Any motion initially

submitted by facsimile or other electronic submission must be filed of record within two

(2) business days thereafter.

4. The opposing party shall file a response in accordance with Pa.R.C.P. 1035.3.

5. Argument on the motion shall be scheduled after filing as a matter of course and without

the necessity of filing a praecipe for argument. Argument shall be scheduled for a time

and date certain. The moving party shall notify opposing counsel and any unrepresented

party of the date, time and place for argument. The Court, in its discretion, may decide

the matter at argument or take the matter under advisement.

6. The proposed order scheduling argument on the motion shall include the phrase

“ hour(s) is allotted for the argument.” Upon receipt of the scheduling order, if

counsel or a self-represented party does not believe that the allotted time is reasonably

sufficient, it is the duty of counsel or the party to contact the Court Administrator’s office,

in writing, to request a continuance in order to reschedule the time necessary for the

argument.

7. The Court, in its discretion, may hear any argument by telephone conference or

videoconference provided counsel has submitted a prompt written request to the Court to

participate electronically. The party requesting to participate electronically shall bear the

cost of participating electronically unless the Court provides otherwise.

8. A court reporter will not attend the argument unless specifically directed by the Court.

Rule L1042.21 Medical P rofessional Liability Actions. Motion for Settlement Conference or

Mediation

1. Upon agreement of the parties that mediation would be appropriate for resolution of a

case, a “stipulation for mediation” requesting a mediation conference and signed by all

parties and counsel shall be filed of record and submitted to the Court. The stipulation

shall specify that all parties involved agree to the mediation and believe that there is a

realistic possibility of settlement. As only one judge presides in the 59th Judicial District,

the Court shall request the appointment of a senior judge to act as the mediator.

2. Prior to the mediation conference,

a. All discovery must be completed.

b. A discussion of consent to settle must have taken place with all defendant

doctors and health care providers.

c. The respective insurers must have completed all relevant claim evaluations

d. All pre-trial dispositive motions, e.g., motions for summary judgment, must have

been filed and resolved.

3. The date, time and place of the mediation conference shall be established by the

mediator/judge.

4. Unless specifically requested by the mediator/judge, the parties shall not contact or

forward documents to the mediator/judge.

5. The mediation session procedure shall be directed by the mediator/judge, but shall

generally include an introduction of the parties, opening statements by counsel and any

of the principals, if desired. Thereafter, caucuses will be conducted with the respective

parties to permit the mediator/judge to develop and refine the parties’ positions.

6. Counsel who will actually try the case must attend the mediation conference, as must any

unrepresented party. All parties, insurers and principals of parties with decision-making

authority must attend the mediation conference in person unless excused by the

mediator/judge. Any doctor who has not provided a signed statement indicating that he

or she has discussed the case with his or her attorney of record and do or do not consent

to a settlement must attend the mediator conference.

7. All mediation proceedings, including any statement made or writing submitted by a

participant, shall not be disclosed to any person who is not directly involved with the

mediation conference.

The parties’ settlement positions and statements during mediation shall not be disclosed

to the trial judge unless mutually agreed to by the parties. In the event of a non-jury trial,

under no circumstances shall the parties’ settlement positions and statements be

disclosed to the trial judge.

No transcript or other recording may be made of the mediation conference and the

mediation proceedings shall not be used by any adverse party for any reason in the

litigation at issue provided, however, that a settlement agreement resulting from the

mediation conference may be sought to be enforced.

8. The mediator/judge shall submit a confidential report to the trial judge indicating whether

a settlement has been reached. The mediator/judge may recommend that further

mediation be ordered if settlement has not been achieved.

Rule L1301 Compulsory Arbitration

1. All civil matters where the amount in controversy, exclusive of interest and costs, does

not exceed the maximum limitation prescribed by 42 Pa. C.S. 7361(b)(2) shall be tried

before a Board of Arbitrators appointed from the list of available arbitrators for the 59th

Judicial District.

2. The list of arbitrators shall consist of all active members of the Elk County and Cameron

County Bar Associations in the 59th Judicial District, excepting only such attorney who

files with the Prothonotary of each county in the district a written statement to the effect

that he or she does not wish to be an arbitrator.

3. The Board of Arbitrators shall be chaired by a member of the Bar admitted to the practice

of law for at least three (3) years.

4. Within ten (10) days after any party files a praecipe for arbitration, the Prothonotary shall

appoint three arbitrators, with the first named to be the chairperson.

5. Appointment shall be rotated as evenly as possible among the members of the Bar, but

no person shall be appointed to act as an arbitrator when another member of the same

law firm has been appointed; or when an attorney is related by blood or marriage to any

party involved; or when an attorney is a partner or associate of any attorney involved; or

when an attorney informs the Prothonotary in writing that he or she is unable or does not

wish to accept such appointment.

6. The party filing a praecipe shall immediately mail a copy of the praecipe to the adverse

party or counsel.

7. If an appointed arbitrator dies or becomes incapable of acting before a hearing, the

Prothonotary shall immediately appoint a substitute arbitrator.

8. A member of a Board of Arbitrators who would be disqualified for any reason that would

disqualify a judge under the Code of Judicial Conduct shall immediately withdraw as an

arbitrator; and a substitute shall be immediately appointed by the Prothonotary.

9. If any case is settled or discontinued after the arbitrators have been appointed, and

before a hearing, counsel for the plaintiff shall immediately notify all appointed arbitrators

at least one (1) day prior to any scheduled hearing, and upon failure to do so, counsel

shall pay each appointed arbitrator $50.00.

10. The arbitrators shall be sworn and hold all hearings at the courthouse facilities of the

appropriate county unless the parties or their counsel agree to an alternate location.