Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 212.1

(a) Scope

This Rule shall apply to all civil actions, except

I. Actions where jurisdiction lies in the Family Division or the Domestic

Relations Section, including actions for support and actions for divorce and

annulment of marriage;

2. Actions in mortgage foreclosure;

3. Actions in eminent domain;

4. Actions subject to compulsory arbitration;

5. Actions filed pursuant to either the Protection From Abuse Act or the

Protection of Victims of Sexual Violence or Intimidation Act; and

6. Appeals ofreal estate tax assessments.

(b) Initial Case Management Conference

1. Upon the commencement ofany action filed after the effective date ofthese

Rules, the Court shall hold an initial case management conference. Initial

case management conferences shall be held one day per month as shall be

designated by the Court Administrator.

2. At least 7 days prior to the case management conference, each party shall

file with the Prothonotary a brief summary of the case, not to exceed three

pages, and mail or deliver a copy to the assigned judge. The case summary

shall be substantially in accordance with Form 212.l(A), and shall set forth

the general nature of the case, whether there are any preliminary objections

or motions for judgment on the pleadings pending or anticipated, suggested

dates for the completion of expert and fact discovery, suggested dates by

which to file dispositive motions, and the amenability of the party to

alternative dispute resolution. If the case was issued 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.

3. If a party fails to file a brief summary of the case, or fails to attend the case

management conference, the Court may, in its discretion:

(A) Schedule the matter for a subsequent case management conference;

(B) Schedule the matter for a contempt hearing;

(C) Adopt a proposed schedule for a case management order offered by

one party appearing where another party fails to appear; or

(D) Impose any other appropriate sanction.

4. In any action where an initial case management conference has not

previously been held, and where a prior case management order has not yet

been issued, any party desiring a case management order shall first seek a

judicial assignment from Court Administration in accordance with Erie L.R.

302(b), and subsequently file a praecipe with the Prothonotary, mailing or

delivering a copy to the assigned judge, requesting that the matter be

scheduled for a case management conference.

(c) Case Management Orders

1. After the initial case management conference, the Court shall issue a case

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

dipositive motions, the exchange of expert reports, the scheduling of

alternative dispute resolution (if applicable), the deadlines for the filing of

pretrial narratives, and the earliest date on which the case may be tried.

2. In matters it deems complex, or otherwise in its discretion, the Court may

defer setting a deadline on any of the items and may schedule one or more

status conferences, at which time the Court can address or re-address the

issuance of a case management order.

3. If the case is one initiated by a Writ of Summons to which a complaint has

not yet been filed, the Court may schedule a status conference at a time

when the Court can re-address the issuance of a 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 not yet been filed, the Court may schedule a

status conference at a time when the Court can re-address the issuance of a

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.

(d) Case Management Order Time Limitations

The time limitations set forth in the case management order shall be at the discretion of the

assigned judge, made in consultation with the parties at the initial case management

conference. Although specific time limitations may vary depending upon the nature and

complexity of the case, and the extent of anticipated discovery, as a general matter, the

following timelines may be imposed:

1. Close of discovery within 240 days from the issuance of the initial case

management order.

2. The exchange of expert reports and the filing of any dispositive motions

within 30 days from the close of discovery.

3. The filing of Plaintiffs pretrial narrative within 60 days from the close of

discovery.

4. The filing of Defendant's pretrial narrative within 90 days from the close of

discovery.

5. The earliest date on which the case may be tried.

(e) Modification of Case Management Orders

1. Following the entry of a case management order, any request for

modification shall be made by motion filed with the Prothonotary, mailed

or delivered to the assigned judge, and served on the opposing party. To the

extent the parties are in agreement with a proposed modification, they may

file a joint motion, which shall indicate counsel's (or an unpresented

party's) consent, either through signature or an email attached as an exhibit

thereto.

2. Upon receipt of a motion for modification, the assigned judge may grant or

deny the motion, either in full or in part, or set the matter for a case

management conference. The modification or extension of the time

limitations set forth in the existing case management order shall be at the

discretion of the assigned judge. Nothing in this Rule shall be construed to

prevent the Court from sua sponte modifying a case management order at

anytime.

(f) Mediation

Mediation is available upon agreement of all parties. The following procedure shall guide

• the mediation process when requested by parties:

1. A mediator may be selected through the Prothonotary' s Office from a list

supplied by the Court, through the Erie County Bar Association's Mediation

Program or by other means agreed upon by the parties.

2. If the parties cannot mutually agree on a mediator, the Prothonotary shall

nominate potential mediators consisting of three (3) attorneys plus one (1)

attorney for each attorney of record and unrepresented party. The list of

attorneys so nominated shall be sent by the Prothonotary to each attorney of

record and unrepresented party. Each attorney of record and unrepresented

party may strike off one (1) nominated attorney and return the list to the

Prothonotary within five (5) days. A failure to respond within five ( 5) days

constitutes a waiver of the right to strike one (I) name from the list. The

remaining name will be appointed as mediator. Ifno name or the same name

is stricken from the list, the first name will be appointed as mediator. Other

alternatives for locating a trained mediator include the Erie County Bar

Association's Mediation Service.

3. The mediator shall designate the time for mediation with written notice to

each party or their counsel. Mediations may be held at the mediator's office

or elsewhere upon agreement of the parties.

4. All parties, including counsel, may attend the mediation.

5. The parties/counsel shall immediately notify the mediator if the matter has

been resolved prior to the scheduled mediation.

6. Upon completion of the mediation, the mediator shall file a report with the

Court, with copies to the parties or, if represented, to their counsel, stating

only whether the case has settled. If the case has not settled, it shall proceed

to arbitration or trial.

(g) Certification for Trial

1. After the close ofdiscovery, if a date certain has not yet been set for trial by

the assigned judge as part of the civil case management process, then any

party may request that the trial be scheduled by filing a Certification for

Trial with the Prothonotary, and serving a copy on the assigned judge.

2. If the parties are in agreement that the matter is ready for trial, then they

shall file a certification substantially in the same form as Form 212.l(B) and

designated "Certification I."

3. Within their Certification I, the parties must certify that they have "met and

discussed settlement of this matter, and have discussed other means of

alternative dispute resolution of the case." One method of alternative

dispute resolution, which would satisfy the requirements of this Rule, is

mediation.

4. If the parties are not in agreement that the matter is ready for trial, or are

otherwise unable to file a Certification I, then any party wishing to set the

matter for trial may file with the Prothonotary, and serve a copy upon the

assigned judge, a certification substantially in the same form as Form

212.l(C) and designated "Certification II." Upon receipt of the

Certification II, the assigned judge shall schedule the case for a status

conference to determine whether the matter is ready for trial.

FORM 212.l(A)

Erie L.R. 212.1 CIVIL CASE SUMMARY

NATURE OF THE CASE

Please set forth the general nature of the case:

PENDING/ANTICIPATED PRELIMINARY OBJECTIONS/MOTIONS FOR

JUDGMENT ON THE PLEADINGS

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

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 by which Pretrial Statements should be filed: _ _ _ _ _ _ _ _ _ _ _ _ _ __

Proposed Trial Term: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

WRIT OF SUMMONS/MDJ APPEAL

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

Are you interested in attempting to resolve this case by a method of alternative dispute resolution?

Yes No

If yes, select one or more of the following:

Mediation □ Arbitration □ Other □

FORM 212.l(B)

CERTIFICATION I

We the undersigned, hereby certify that:

1. The above action is ready for trial;

2. All outstanding motions have been resolved;

3. All pretrial narratives are filed;

4. Counsel have met and discussed settlement ofthis matter, and have discussed other

means of alternative dispute resolution of the case; and

5. This case is to be tried jury [or non-jury].

Signature (Counsel or Party)

Signature (Counsel or Party)

FORM 212.l(C)

CERTIFICATION II

The undersigned requests that the case be scheduled for trial.

2. A case management order was entered providing the earliest date for trial as

3. A request to file a Certification I has been made of all parties.

4. This Certification II has been filed because:

5. The case is otherwise ready for trial.

Signature (Counsel or Party)