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Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 230.2

TERMINATION OF INACTIVE CASES

activein force · 2024-09-23 – presentact-effective-date

(a) Notice of Intention to Proceed

(1) In any case where a party files a timely statement of intention to proceed in

response to a notice of proposed termination, the party seeking to proceed,

within 14 days from the filing of the notice of intention to proceed, shall file

with the Prothonotary a brief narrative, not to exceed three pages, explaining

the reason(s) for the delay in prosecuting the case. The party seeking to

proceed shall mail or deliver a copy of the narrative to the assigned judge,

as well as opposing counsel of record and any unrepresented parties.

(2) Thereafter, the Court shall hold a status conference as required under

Pa.R.Civ.P. 230.2(h). After the status conference, the Court shall issue a

revised case management order setting strict deadlines for the completion

of discovery and resolution of any outstanding issues.

If a party fails to file a narrative, provides an unsatisfactory reason for delay

in their narrative, or if any party fails to attend the status conference, the

Court may, in its discretion:

(A) Schedule the matter for a subsequent status conference;

(B) Award counsel fees for dilatory, obdurate, or vexatious behavior,

after an evidentiary hearing where necessary;

(C) Schedule the matter for a contempt hearing;

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

one party appearing where another party fails to appear;

(E) Dismiss the action after consideration of a motion for entry of

judgment of non pros; or

(F) Impose any other appropriate sanction.

(b) Reinstatement after Termination

(1) In any case reinstated after termination pursuant to Pa.R.Civ.P. 230.2(d),

the petitioning party, within 14 days from the granting of the petition for

reinstatement, shall file with the Prothonotary a brief narrative, not to

exceed three pages, explaining the reason(s) for the delay in prosecuting the

case. The petitioning party shall mail or deliver a copy of the narrative to

the assigned judge, as well as opposing counsel of record and any

unrepresented parties.

(2) Thereafter, the Court shall hold a status conference. After the status

conference, the Court shall issue a revised case management order setting

strict deadlines for the completion of discovery and resolution of any

outstanding issues. If a party fails to file a narrative, provides an

unsatisfactory reason for delay in their narrative, or if any party fails to

attend the status conference, the Court may, in its discretion:

(A) Schedule the matter for a subsequent status conference;

(B) Award counsel fees for dilatory, obdurate, or vexatious behavior,

after an evidentiary hearing where necessary;

(C) Schedule the matter for a contempt hearing;

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

one party appearing where another party fails to appear;

(E) Dismiss the action after consideration of a motion for entry of

judgment of non pros; or

(F) Impose any other appropriate sanction.

Provenance

Source
courts.eriecountypa.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
0804104adc2dd030ee2f0e36227bf173d23f616bc80d25489e6783683f3f891c
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