Lebanon Cnty. C.P. Civil Division Rules 7

the Court, shall be printed and provided to Court

Administration through the normal course of business.

(G) Service.

(1) The filing party is responsible for service of the filed

documents in accordance with the applicable rules of court.

CountySuite does not have a service component.

(2) Once an electronic filing has been accepted by the

Prothonotary, it shall be the responsibility of the filing party

to provide to the Sheriff the proper service fee and

documents for original service and writs.

(H) Miscellaneous.

(1) The filing deadline for any document filed electronically

shall be 11:59:59 p.m. EST/EDT on the date it is due.

(2) If a registered user believes the unavailability of

CountySuite prevented a timely filing, the registered user

may file a motion within ten (10) days of the registered

user’s attempt to file the document. The motion shall state

the date and time of the f irst unsuccessful attempt to file

the document electronically and why the delay was

prejudicial.

RULE 52-205.6: CONFIDENTIAL INFORMATION

(A) Confidential Information Form.

Any party filing a legal document containing confidential

information, as that term is defined in Lebanon County Rule of

Judicial Administration Rule 101, should do so by filing a

redacted copy of the document together with a Confidential

Information Form containing such confidential information

pursuant to the Case Records Public Access Policy of the Unified

Judicial System of Pennsylvania. Confidential Information Forms

shall be available in the Prothonotary’s office and on the Court’s

website.

(B) Confidential Document Form.

Any party filing a document deemed to be confidential, as defined

in the Case Records Public Access Policy of the Unified Judicial

System of Pennsylvania, should do so by filing the confidential

document together with a Confidential Document Form. Confidential

Document Forms shall be available in the Prothono tary’s office and on

the Court’s website.

RULE 52-206.1(a): PETITIONS

(A) All uncontested motions shall be treated as Petitions as that term

is defined in Pa.R.Civ.P. 206.1.

(B) All petitions must be filed in accordance with Rule 52-205.2.

(C) All petitions must be served upon all opposing parties in

accordance with Rule 52-440.

(D) All uncontested petitions shall be processed in accordance with

Rule 52-206.7 and Rule 52-208.2.

(E) Unless a petition is certified as uncontested, it must be

accompanied by an Order or Rule to Show Cause that is

substantially in compliance with Pa.R.Civ.P. 206. 6.

(F) Whenever a responding party files an answer to a petition, it shall

be deemed a contested matter. Contested matters will be

handled in accordance with Pa.R.Civ.P. 206.7.

(1) Praecipe for Disposition

(a) For all contested matters where no disputed issues of

material fact exist, any party may file a Praecipe for

Disposition substantially in the following form:

Plaintiff: IN THE COURT OF COMMON PLEAS

: LEBANON COUNTY, PENNSYLVANIA

vs. : CIVIL DIVISION

:

Defendant: NO.

PRAECIPE FOR DISPOSITION

TO THE PROTHONOTARY:

Please transmit the accompanying__________________

(L is t M o ti o n or Pe t it i o n)

to the Court for disposition pursuant to Leb.R.Civ.P. 205.5.

Judge Previously Assigned to this matter:

___________________________________________________

Oral Argument [is] [is not] requested.

The names and addresses of all opposing counsel/ unrepresented

litigants are as follows:

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

By:

Name

I.D. #

Address

Phone Number

Attorney for

(b) Once a Praecipe for Disposition has been filed, the

Court will establish a schedule for filing of briefs

and/or argument and notify all parties of that

schedule.

(2) Praecipe for Hearing.

(a) For all contested matters in which there are disputed

issues of fact, discovery may be conducted by leave

of Court pursuant to Pa.R.Civ.P. 206.7. Following the

completion of any permitted discovery, any party may

file a Praecipe for hearing substantially i n the

following form:

Plaintiff: IN THE COURT OF COMMON PLEAS

: LEBANON COUNTY, PENNSYLVANIA

vs. : CIVIL DIVISION

:

Defendant: NO.

PRAECIPE FOR HEARING

TO THE PROTHONOTARY:

Please transmit the __________________ to the Court

( Lis t M ot i o n)

for a hearing pursuant to Leb.R.Civ.P. 205.5.

Length of Anticipated Hearing: __________________________

Judge Previously Assigned to Matter:_____________________

Names and addresses of all opposing counsel or unrepresented

litigants:_____________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

By:

Name

I.D. #

Address

Phone Number

Attorney for

(b) Once a Praecipe for Hearing has been filed, the Court

will notify all parties of the date and time assigned for

that hearing.

RULE 52-206.4(c): PETITIONS - RULE TO SHOW CAUSE - STAY

OF EXECUTION PENDING DISPOSITION OF A

PETITION TO OPEN DEFAULT JUDGMENT

(A) Upon filing of the petition, a rule to show cause shall issue as of

course pursuant to Rule 52-206.6, provided petitioner has

complied with requirements of Rule 52-206.6.

(B) A request for stay of execution pending disposition of a petition

to open a default judgment shall be submitted to the court at

Motion’s Court pursuant to Rule 52-208.3

RULE 52-206.6: RULE TO SHOW CAUSE - ISSUANCE AS OF

COURSE

(A) A Rule to Show Cause shall be issued as of course upon the filing

of the petition.

(B) The Court may grant a stay of the proceedings.

(C) The petitioner shall attach to the petition a proposed order

substantially in the following form:

Plaintiff: IN THE COURT OF COMMON PLEAS

: LEBANON COUNTY, PENNSYLVANIA

vs. : CIVIL DIVISION

:

Defendant: NO.

AND NOW, this _____ day of ________________, 20____,

upon consideration of the foregoing petition, it is HEREBY

ORDERED that:

(1) a rule is issued upon the respondent to show cause why, if

any, 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.R.Civ.P. 206.7;

(4) petitioner shall be responsible for service of this rule upon

all interested parties.

(D) For any matter where disputes of fact are to be resolved by

affidavit and/or depositions, said affidavits and/or depositions

shall be filed with the Prothonotary’s Office within 20 days

following the filing of the answer. Thereafter, any party may file

a Praecipe for Disposition pursuant to Rule 52-206.1(E)(1).

RULE 52-206.7: PROCEDURE AFTER ISSUANCE OF RULE TO

SHOW CAUSE

(A) Motion for Rule Absolute.

When the Court has issued a Rule to Show Cause and no party

files a response within the time allotted by the Court, the petition

or motion that accompanied the Rule to Show Cause shall be

deemed uncontested. The moving party may obtain an Order

granting final relief by filing a Motion for Rule Absolute. All

Motions for Rule Absolute shall append copies of all Certificates

of Service averring that all opposing parties had been served with

copies of the original petition and any Rule to Show Cause issued

by the Court. A Motion for Rule Absolute must be accompanied

by a proposed Order setting forth the relief that was uncontested.

(B) Praecipe for Disposition.

When the Court has issued a Rule to Show Cause and a party

files a response with no disputed issues of material fact, either

party may file a Praecipe for Disposition substantially in the form

set for in Rule 52-206.1(E)(1). Once a Praecipe for Disposition

has been filed, the Court will establish a schedule for filing of

briefs and/or argument and notify all parties of that schedule.

(C) Praecipe for Hearing.

When the Court has issued a Rule to Show Cause and a party

files a response raising disputed issues of material fact, either

party may file a Praecipe for Hearing substantially in the form set

forth in Rule 52-206.1(E)(2). Once a Praecipe for Hearing has

been filed, the Court will notify all parties of the date and time

assigned for that hearing.

RULE 52-208.2(C): MOTION – STATEMENT OF APPLICABLE

AUTHORITY

All Motions filed shall contain a brief statement of the applicable

authority.

RULE 52-208.2(D): UNCONTESTED MOTIONS

(A) A party seeking relief via a motion or petition shall certify the

matter as uncontested if all opposing parties have consented to

the requested relief. All uncontested requests for relief must be

accompanied by one of the following:

(1) An agreement signed by all parties to the dispute;

(2) A stipulation signed by all counsel and/or parties; or

(3) A verification signed by counsel indicating that counsel has

personally communicated with all opposing counsel/parties

and has received the concurrence of all opposing

counsel/parties with respect to the requested relief.

(B) Any motion certified as uncontested shall be accompanied by a

proposed Order incorporating the relief agreed upon by all

parties.

RULE 52-208.2(E): DISCOVERY MOTIONS

No party will be permitted to file any motion pertaining to

discovery unless that party files a certificate verifying that efforts have

been made to resolve the discovery disput e with opposing counsel.

Such certificate shall be appended to any discovery motion that is filed.

RULE 52.208.3: MOTIONS AND MOTIONS COURT

Except in emergency circumstances, any party seeking relief from the

Court by way of motion shall contact all opposing counsel to seek

concurrence with respect to that motion. A statement of concurrence

or non-concurrence shall be set forth in all motions. It shall not be

necessary for a moving party to seek concurrence from a

unrepresented litigant.

(A) Scope of Rule.

(1) All civil applications to the Court requiring action by a

Judge, except those hereafter excluded or otherwise

excluded by Pa.R.Civ.P. 208.1, shall be presented to the

Court at a session of Motions Court.

(2) The following motions need not be presented in a session

of Motions Court:

(a) Motions made orally at trial or hearing.

(b) Uncontested motions – All uncontested motions are

to be filed with the Lebanon County Prothonotary

together with a certificate signed by counsel

indicating that the motion is uncontested. All

uncontested motions will proceed in accordance with

Leb.Co.R.Civ.P. 52-208.2(D)

(c) Motions for Summary Judgment – Motions for

Summary Judgment will proceed in accordance with

Leb.Co.R.Civ.P. 52-1035.2

(d) Post-Trial Motions – Post-Trial Motions will proceed

in accordance with Leb.Co.R.Civ.P. 227.1.

(e) Motions in Limine, Discovery Motions and other Pre -

trial Motions where a case has already been assigned

to a Judge shall be filed with the Prothonotary and

served on all other counsel/ unrepresented litigants.

Thereafter, the pres iding Judge will decide how the

motion is to be resolved.

(f) Motions for Preliminary Injunction seeking immediate

ex parte relief – These motions are to be filed with

the Prothonotary and a copy shall be given

immediately to the Court Administrator’s Office.

These matters shall thereafter proceed as directed by

the assigned Judge.

(4) All Preliminary Objections shall be presented in Motions

Court in accordance with this Rule.

(B) Filing and Form

(1) All motions shall be in writing with each allegation set forth

in a separate numbered paragraph. All motions must be

accompanied by a proposed Order.

(2) Motions setting forth factual averments must be

accompanied by a verification or affidavit signed by a

person having knowledge of the facts contained therein.

(3) The original motion shall be filed with the Lebanon County

Prothonotary’s Office. Two copies of each motion shall be

provided at the time of filing to the Lebanon County Court

Administration Office.

(4) Motions may, but are not required to, be accompanied by a

concise brief setting forth argument and/or legal citations.

(See Rule 52-210)

(C) Service

(1) It shall be the responsibility of the moving party to serve a

copy of the Motion and proposed Order on all other parties

in accordance with Leb.Co.R.Civ.P. 52-440.

(2) Service must include notice of the date and time at which

the matter will be presented in Motions Court.

(3) When service is effectuated, the moving party shall file a

Certificate of Service setting forth the date and method of

service and the name of the individual who effectuated

service.

(D) Time for Motions Court

(1) Motions Court shall be conducted as set forth on the annual

Court Calendar commencing at 1:30 p.m.

(2) To be considered at Motions Court, motions must be filed

with the Prothonotary no later than 4:30 p.m. on the

Tuesday prior to Motions Court and must be served upon

all opposing counsel and/or parties and the Court

Administration Office no later than 4:30 p.m. on the

Wednesday preceding Motions Court.

(3) When a Motion is sought to be presented for the first time,

a responding party shall be entitled to a continuance upon

written request submitted to the Lebanon County Court

Administration Office. Any party may request subsequent

continuances via a written request to the Court

Administration Office, which shall be granted or denied at

the discretion of the presiding Judge. In cases involving

relief impacting children, no continuance request will be

granted as of course and such continuance request shall

be granted or denied at the discretion of the presiding

judge.

(E) Motions Court

(1) The Judge assigned to Motions Court shall determine the

order in which each case is called.

(2) The Judge assigned to Motions Court will determine the

length of time to be devoted to each motion.

(3) After each case is addressed, the Judge may enter any

Order that is deemed appropriate, including any of the

following:

(a) An Order disposing of the motion. No Order

disposing of a Motion will be made unless all

pertinent parties and/or their counsel are present or

unless a Certificate of Service exists establishing

service of the Motion no later than 4:30 p.m. on the

Wednesday preceding Motions Court;

(b) An Order continuing the matter until a future Motions

Court date;

(c) An Order scheduling a factual hearing;

(d) An Order listing the matter for Argument Court; or

(e) An Order directing that mediation and/or alternative

dispute resolution procedures be utilized.

(4) A Court Reporter shall be present at each session of

Motions Court and shall record all matters as directed by

the presiding Judge.

RULE 52-210: FORM OF BRIEFS

Briefs, as required, shall be in the form prescribed by Pa.R.C iv.P.

No. 210. Content thereof shall be as set forth in Pa.R.A.P. No. 2111.

Briefs shall be filed in the office of the Prothontary. Two (2) copies of

any brief shall be delivered to Court Administration simultaneously with

the filing of the brief with the Prothonotary.

RULE 52-211: ORAL ARGUMENT

Oral argument may be requested by any party. A party filing a

Praecipe for Disposition substantially in the form indicated in Rule 52-

206.1(E)(1) may include a request for oral argument within the

Praecipe for Disposition. Any other party may request oral argument

by filing a Praecipe within five (5) days following the filing of the

Praecipe for Disposition. If no request for oral argument is submi tted,

the Court will decide the issue based upon the record and briefs filed

by the parties. If a request for oral argument is granted, the Court will

notify the parties of the date and time set forth for argument upon

notification to the parties of the briefing schedule. Unless otherwise

ordered by the Court, oral argument shall be conducted in accordance

with the schedule set forth on the Court’s annual calendar.

RULE 52-212: CASE MANAGEMENT

(A) All civil cases filed with the Prothonotary of Lebanon County will

be assigned a case designation based upon the type of filing

indicated on the Civil Cover sheet. The case designation will

assign the case to one of the following tracks:

(1) Fast Track – cases within this designation are expected to

be tried within twelve (12) month.

(2) Standard Track - cases within this designation are

expected to be tried within eighteen (18) months.

(3) Complex Track - cases within this designation are expected

to be tried within twenty-four (24) months.

(B) Once service has been effectuated, civil cases will be assigned

to a presiding judge and a Case Management Conference will be

scheduled.

(C) All counsel and unrepresented parties are expected to appear in

person at the date and time indicated for the Case Management

Conference.

(D) Parties who disagree with the case designation assigned may

raise that issue at the Case Management Conference.

(E) At the Case Management Conference, the Court will set

deadlines for arbitration, discovery, exchange of expert reports

and pretrial motions. In add ition the dates for a pretrial

conference and trial (jury or non-jury) will be established (Notice

of Earliest Trial Date).

(F) Failure to appear for Case Management Conferences may result

in dismissal of actions, sanctions or other remedies deemed

appropriate by the Court.

(G) Status Conference.

(1) Any party may request a status conference by filing a

praecipe substantially in the following form:

Plaintiff: IN THE COURT OF COMMON PLEAS

: LEBANON COUNTY, PENNSYLVANIA

vs. : CIVIL DIVISION

:

Defendant: NO.

PRAECIPE FOR STATUS CONFERENCE

TO THE PROTHONOTARY:

Please transmit a request for a status conference to the Court,

pursuant to Leb.R.Civ.P. 212.

(1) Judge Previously Assigned to Matter:

____________________

(2) Plaintiff’s Counsel will be participating [in person] [by

telephone]. The telephone number at which Plaintiff’s counsel

can be reached is ___________________________________.

Defendant’s counsel will be participating [in person] [by

telephone]. The telephone number at which Defendant’s counsel

can be reached is _____________________________.

(3) [Repeat a statement as set forth in (1) or (2) for all other

parties.]

By:

Name

I.D. #

Address

Phone Number

Attorney for

(2) Following the filing of a Praecipe for Status Conference,

the Court will notify all counsel and/or unrepresented litigants as

to the date and time set for the status conference.

(H) Certification for Trial.

(1) Any party wishing to proceed to trial, prior to the date

indicated in the Case Management Order, shall file with the

Prothonotary a Certificate of Readiness for Trial in

substantially the following form:

Plaintiff: IN THE COURT OF COMMON PLEAS

: LEBANON COUNTY, PENNSYLVANIA

vs. : CIVIL DIVISION

:

Defendant: NO.

CERTIFICATE OF READINESS FOR TRIAL

TO THE PROTHONOTARY:

Please transmit the following certificate to the Court pursuant to

Rule 52-212(H).

I certify that all discovery in the above referenced matter is

complete and that all pre-trial motions have been decided. All

necessary parties and witnesses will be available; serious settlement

negotiations have been conducted; All depositions for us e at trial have

been completed or scheduled; No case dispositive motions are

pending nor does any party contemplate the filing of same; that a copy

of this certificate of readiness has been served on all counsel having

an interest in the case no less tha n fifteen (15) days prior to the filing;

No party or counsel objects to the filing of the certificate of readiness.

Type of Trial: Jury/Non-Jury

Length of Anticipated Trial: ________________________

Judge Previously Assig ned: ________________________

Names and Address of all opposing counsel or unrepresented litigants:

_________________________________________________________

_________________________________________________________

_________________________________________________________

By:

Name

I.D. #

Address

Phone Number

Attorney for

(2) If any counsel wishes to object to the certification of the

matter for trial, that party shall file such objection within

ten (10) days following receipt of the Certificate of

Readiness for Trial. The objections shall include the

following information:

(a) A statement setting forth the status of the proceeding;

(b) A statement of all reasons why counsel believes the

matter is not ready for trial;

The objection shall be accompanied by a Praecipe for

Status Conference as set forth in Rule 52-212(G).

(3) Following receipt of the Certificate of Readiness for Trial

and any Objections, the Court will enter an appropriate

order that may include:

(a) An order scheduling a status conference;

(b) An order scheduling a pre-trial conference and

setting forth the date on which pre-trial statements

are to be filed pursuant to Pa.R.Civ.P. 212. 1.

RULE 52-212.2: PRE-TRIAL STATEMENTS

(A) In addition to the information required by Pa.R.C iv.P. 212.2, the

pre-trial statements of counsel shall also include:

(1) A statement of all proposed amendments to the pleadings:

(2) A statement of admissions from the pleadings;

(3) A statement of any special scheduling requests;

(4) A list of all deposition objections that will have to be

resolved by the Court prior to trial;

(5) A statement of all witnesses (with addresses) intended to

be called at trial;

(6) An itemization of al l exhibits intended for utilization at trial;

(7) An estimate of the time necessary for trial;