PA · rules
Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 230.2
TERMINATION OF INACTIVE CASES
(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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