Mercer Cnty. C.P. Rules of Civil Procedure Rule 316.1

Except in actions to which a minor or an incapacitated person is a party and in actions for

wrongful death in which a minor or incapacitated person has an interest, verdicts and

non-suits, and judgments by agreement may be entered at any time but only upon written

stipulation signed by the parties or by their counsel of record and filed in the case.

RULE L316.3

STRIKING OR OPENING JUDGMENTS

(a) Petition to open or strike a judgment shall be made to the court and, upon cause

shown, a rule may be granted to show cause why the judgment should not be

opened or stricken and the petitioner let in to a defense, with any further order

proper in the discretion of the court. If a rule is granted by the court, a copy of the

petition and order made thereto, shall be served upon the plaintiff or his attorney

of record within five (5) days from the date of the order. It shall be the duty of the

plaintiff, if he desires to make answer to the petition, to file said answer within

twenty (20) days after service of the petition and order upon him or his attorney of

record, unless the period for filing of an answer is otherwise ordered by the court,

and also to serve a copy of said answer upon petitioner or his attorney of record at

the time of filing the same.

(b) The prayer of the petition shall set forth whether a supersedeas is requested or not.

(c) In instances of petitions after execution has been issued, the court may, in its

discretion, order a bond be filed for costs. Unless the order of the court provides

otherwise, in cases where there is a levy made, the lien of any levy shall remain

and continue until the matter is finally disposed of.

RULE L316.4

JUDGMENTS: RE-INDEXING

Judgments entered on confession may be subsequently re-indexed against any defendant

under any alias name upon the plaintiff’s attorney filing a praecipe therefore supported by

an affidavit that such alias defendant is the same person against whom the judgment was

originally entered and indexed. The subsequent re-indexing shall be noted on the docket

at the original number and term and shall be re-indexed on a separate line in the judgment

index, clearly showing the date of such re-indexing.

RULE L317

STATUS CONFERENCE; CASE MANAGEMENT ORDER

(A) The Prothonotary of Mercer County shall notify the Mercer County Court

Administrator within five (5) days of the filing of every new civil complaint.

(B) The Mercer County Court Administrator shall assign the case to a judge on a

rotating basis.

(C) A status conference shall be held no sooner than 60 days after the filing of

the complaint nor later than 90 days. If a case is commenced via writ of

summons, a status conference shall not be scheduled until either a complaint is

filed or any party files a motion for status conference, whichever is earlier, or

upon a party filing an objection to termination for inactivity pursuant to PA Rule

of Judicial Administration 1901.

(1) At said conference, the Court shall, after consultation with the parties,

designate whether the matter is an arbitration case, regular case or a complex

case. Each party shall present to the Court a summary of their case at least

three (3) days prior to the status conference. If defendant(s) lack information

sufficient to prepare a summary, defendant(s) may file a case summary stating

the same. Summaries shall be no longer than 3 pages in length (double

spaced). In lieu of case summaries, counsel or self-represented parties may

also submit a joint consent case management order to be considered by the

court.

(2) Counsel and self-represented parties shall be permitted to participate in

status conferences via telephone, so long as counsel and self-represented

parties contact the Court in advance of the conference regarding the same.

(3) If the matter is designated an arbitration case, the Court shall enter a case

management order requiring that all discovery be completed within three (3)

months of the order and the matter listed for an arbitration hearing within 60

days of the end of discovery. The parties may agree to forego discovery prior

to the arbitration hearing and do discovery only if there is an appeal from the

Board of Arbitrator's decision. If this option is chosen, the Court shall

immediately refer the case to arbitration.

(i) The parties shall notify the assigned judge no later than one (1) month

whether or not the parties have settled their dispute. If the dispute is not

settled, the court will enter an order requiring a Board of Arbitrators be

appointed.

(ii) If an appeal is taken from the decision of the Board of Arbitration, the

Prothonotary shall notify the assigned judge who will enter an order

placing the matter on the next available trial term.

(4) If the matter is designated a regular case, the court shall enter a case

management order requiring that all discovery be completed within six (6)

months of the order, that all summary judgment motions be filed within eight

(8) months of the date of the order and placing the matter on the trial list for a

month no sooner than ten (10) months nor more than twelve (12) months from

the date of the order.

(i) A review conference shall be held before the assigned judge no sooner

than four (4) months nor more than five (5) months of the initial

conference, or earlier if a party requests.

(ii) If a summary judgment is filed, the court shall enter an order

resolving the motion within thirty (30) days of argument on said motion.

(5) If the matter is designated a complex case, the court shall enter a case

management order requiring that all discovery be completed within fifteen

(15) months of the date of the order; that all summary judgments be filed

within seventeen (17) months of the date of that order and placing the matter

on the trial list for a month no sooner than nineteen (19) months nor more than

twenty-one (21) months from the date of the order.

(i) Review conferences shall be held every five (5) months before the

assigned judge, or earlier if a party requests.

(ii) If a summary judgment motion is filed, the court shall enter an order

resolving the motion within forty-five (45) days of oral argument on said

motion.

(6) If a matter is designated an appeal from the judgment of a Magisterial

District Judge affecting the delivery of possession of real property pursuant to

Pa.R.Civ.P. M.D.J. 1002, the court shall enter an order requiring that all

discovery be completed within forty-five (45) days of the date of the order.

The matter shall then be listed for a bench trial in front of the assigned judge

within sixty (60) days of the end of discovery. A Board of Arbitrators shall

not be appointed for an appeal affecting the deliver of possession of real

property.

(7) For any case designation, the court may on its own or upon request of any

party include in its case management order a deadline for the completion of

expert reports. In the absence of a separate deadline for expert reports, all

expert reports shall be due no later than thirty (30) days after the close of

discovery unless extended by the Court.

(D) Case designations shall be in accordance with the following:

(1) Arbitration case--a case shall be designated as an arbitration case where

the demand for relief is $35,000.00 or less;

(2) Complex case--a case shall be any case involving a mass tort, professional

malpractice, more than four (4) parties, any case where the demand for relief

exceeds $500,000.00 or any case the parties and the court agree should be

designated a complex case;

(3) Regular case--any case that is not designated either an arbitration case or a

complex case.

(4) Appeal from the judgment of a Magisterial District Judge affecting the

delivery of possession of real property.

(E) All times for discovery, filing summary judgment motions or placing the

matter on the trial list may only be modified by court order.

.

[Adopted September 8, 2014, effective 30 days after publication in the Pennsylvania

Bulletin. Amended January 2, 2026, effective 30 days after publication in the

Pennsylvania Bulletin.]

RULE L230.2

TERMINATION OF INACTIVE CASES

(a) At least once a year, the Prothonotary of Mercer County shall provide to the

President Judge a list of all those cases that have had no activity of record for two

years or more.

(b) Pursuant to Pa.R.C.P. Rule 230.2(b)(1), the Prothonotary shall then send Notices

of Proposed Termination to counsel of record, or to the parties if not represented,

for those cases having no activity of record for two years or more.

(c) Pursuant to Rule of Judicial Administration Rule 1901(c)(2), the Prothonotary

shall advertise one time in the Mercer County Law Journal the list of all those

cases where the Notice of Proposed Termination could not be given by mail or

had been returned undelivered. In addition to the list of cases, said advertisement

shall include a Notice of Proposed Termination and the statement: “You have

thirty (30) days to respond to this Notice by filing a Statement of Intention to

Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

(d) The Prothonotary shall comply with all other provisions found in Pa.R.C.P. Rule

230.2 when terminating inactive cases that have been property served a Notice of

Termination.

(e) The President Judge shall comply with Rule 230.2(d) regarding an aggrieved

party seeking to reinstate a terminated case.

[Adopted March 15, 2022, effective 30 days after publication in the Pennsylvania

Bulletin.]

MISCELLANEOUS MATTERS

RULE L321

AUDITORS AND AUDITORS’ REPORTS

(a) Auditors shall be appointed by the Court sua sponte or upon petition.

(b) Auditors’ hearings shall be held at the Courthouse except with leave of court and

testimony shall be taken by a court stenographer or by a stenographer agreed upon

by the parties.

(c) Auditors shall give all parties notice of the time and place of hearings before them

and give public notice by advertisement once per week for two successive weeks

in the Mercer County Law Journal and in one daily newspaper of general

circulation of this county, stating that all persons must prove their claims or they

will be disallowed. Auditors shall obtain from the assignors or debtors, a list of

their creditors, and if the proceeds of the sale of real estate are to be distributed,

identify all liens and encumbrances thereon and award distribution after

determining any objections thereto.

(d) Argument before the court shall be confined to the exceptions filed with the

auditor. The court may take additional testimony on exceptions if justice requires.

(e) When facts are controverted before the auditor, he/she shall report the proven

facts in a concise form and shall state concisely the questions of law raised before

rendering decisions thereon, with the reasons therefore. When distribution is

made a schedule of the liens on the funds, paid and unpaid, shall be made and

presented with the report showing the disposition made. All testimony shall be

returned separately and filed with the report.

(f) Upon a claim of misconduct or unreasonable delay on the part of any auditor, the

court may either vacate the appointment or issue a rule to show cause why the

auditor should not proceed forthwith in the duties of appointment.

RULE L323

ASSIGNEES FOR CREDITORS

(a) Assignees for the benefit of creditors and receivers shall, after they have entered

security, give notice of their appointment, to every creditor and party in interest of

whom they have knowledge, and shall also publish notice thereof once a week for

two successive weeks in the Mercer County Law Journal and in one newspaper of

general circulation published within the county.

(b) The assignee shall file with the account a petition for distribution in form similar

to that of petitions for distribution required by the Orphans’ Court Division of this

Court and all such accounts and petitions for distribution shall be filed in the

office of the Prothonotary.

(c) The assignee shall give written notice of the filing of the account, the petition for

distribution and of the call for the audit or confirmation thereof to all interested

parties. Such notice shall be given by mailing to the last known address of such

parties, at least three weeks before the presentation of the account to the court,

and shall also be published by the Prothonotary for two successive weeks in one

newspaper of general circulation published in Mercer County and in the Mercer

County Law Journal.

(d) Any account filed for audit and confirmation shall be audited preliminarily by the

Prothonotary and then presented to the court, together with the proofs of

publication and proof of the giving of the required notice to interested parties at

the time fixed for the audit or confirmation thereof. If no exceptions have been

filed, the account may be confirmed absolutely.

RULE L324

SHERIFF

It shall be the duty of the sheriff, or his/her deputy, to be always present in the

Courthouse during the sitting of a court and promptly to execute all orders of the

court and process issued.