Washington Cnty. C.P. Admin Order - Amendment of Local Rules of Civil Procedure... RULEL 210

(1) Absent a court order for cause shown, the body of a brief shall not exceed 3,000 words.

Non-conforming or illegible briefs may not be considered in the discretion of the Court.

All briefs shall use a proportionally spaced typeface in fourteen (14) point font; the

proportionally spaced typeface must include serifs, but sans-serif type may be used in

headings and captions. All other physical characteristics of a brief shall comply with

Wash.L.R.C.P. 204.1.

(2) Every brief shall contain the following:

(a) a brief history of the case;

(b) a statement of the issue(s) involved;

(c) a copy of, or reference to, the pertinent parts of any relevant document, report,

recommendation, order, and/or transcript;

(d) an argument with citations of the authority relied upon;

(e) a citation or copy to any opinion of the Court or an agency involved in the case;

and

(f) a conclusion.

(3) No supplemental brief(s) shall be filed, absent an order of court.

(4) Unless otherwise ordered by the Court, the brief of a moving party shall be filed

contemporaneously with the motion. The brief of the responsive party shall be filed at

least ten (10) days prior to the argument.

(5) This rule shall not apply to any brief filed in support of, or in opposition to, a motion for

post-trial relief pursuant to Pa. R. C. P. 227 .1.

RULE L-212.7 WASHINGTON COUNTY CIVIL LITIGATION.

MEDIATION PROGRAM

( 1) In the discretion of the assigned Judge, a case may be ordered to the Washington County

Civil Litigation Mediation Program. This rule shall not apply to asbestos cases, cases

ordered to private mediation under this rule, or professional liability cases. The selection

of a case for mediation shall not delay any scheduled trial of the matter.

(2) The mediators shall be practicing attorneys that are members of the Washington County

Bar Association, with an emphasis in their practice on civil litigation. An approved list of

mediators shall be maintained by the District Court Administrator. The parties may agree

to a particular mediator from the list if permitted by the Court.

(3) Upon appointment, the mediator shall schedule the mediation within sixty (60) days of the

order of court. The attendance, in person, of trial counsel, the parties, and the representative

of the defendant's insurance carrier, with authority to enter into a full and complete

compromise and settlement, is mandatory. If trial counsel, the parties, or a representative

fail to appear, absent good cause, the mediation will not be held and sanctions, upon request

of the mediator, shall be entered against the non-appearing individual(s) by the Court.

Sanctions may include an award of reasonable mediator and attorney's fees and other costs

associated with the failure to appear.

(4) At least seven (7) days prior to the mediation, each party shall file, with the mediator, a

mediation statement which must include the following: (1) a succinct explanation of

liability and damages; (2) significant legal issues that remain unresolved; (3) a summary of

medical and expert reports (if applicable); (4) an itemized list of damages; and (5)

settlement posture and rationale.

(a) This requirement shall be deemed satisfied if a party has previously filed a pre- trial

statement pursuant to rule of court, in which case the mediation statement shall only

provide updated or additional information.

(b) Failure to file a mediation statement may result in sanctions, if requested by the

ed. \ m 1ator.

( 5) Each party to a case selected for mediation shall pay a mediation fee to be made payable to

the County of Washington and submitted to the Office of the Court Administrator. The

mediation fee shall be set by administrative order, and information regarding the fee shall

be available in the Office of the Court Administrator.

( 6) If the case has not been resolved, within ten ( 10) days from the date of the mediation, the

mediator shall send the Court a report setting forth the following information:

(a) the mediator's assessment of liability;

(b) the mediator's assessment of damages;

(c) the mediator's opinion regarding the potential range of a verdict and the settlement

value of the case;

(d) the Plaintiffs final settlement demand;

(e) the Defendant's final settlement offer; and

(t) the mediator's recommendation regarding settlement of the case. A copy of the

report shall be provided to and maintained by the Court Administrator until the case

is closed.

(7) If the case is resolved and a settlement agreed upon, the mediator shall send a letter to the

Judge, with copies to counsel and the Court Administrator.

(8) The mediator shall not be subpoenaed or requested to testify or produce documents by any

party in any pending or subsequent litigation arising out of the same or similar matter. Any

party, person, or entity that attempts to compel such testimony or production shall be liable

to and indemnify the mediator and other protected participants for all reasonable costs, fees

and expenses. The mediator shall have the same limited immunity as judges pursuant to the

applicable law as it relates to common pleas judges.

Comment: Confidentiality of mediation communications and mediation documents are subject to

the protections and exceptions prescribed in 42 Pa. Con. Stat.§ 5949.

(9) Notwithstanding the preceding subsections and Wash.L.R.C.P. 1042.1-1042.20, the Court

may in its discretion submit a civil case for an alternative dispute resolution ("ADR")

before a private mediator/arbitrator. The method of selection of the private mediator shall

be in the discretion of the Court. All parties shall bear equally the costs of any Court-ordered ADR, unless otherwise agreed upon; provided, however, that the Court will take

appropriate steps to assure that no referral to ADR results in an unfair or unreasonable

economic b~den on any party.

(a) The method of ADR shall be in the discretion of the private mediator/arbitrator.

(b) The fact that a case is selected for ADR shall not delay the scheduled trial of a case.

(c) Nothing in this rule shall prevent the parties from voluntarily engaging in ADR

before a private mediator/arbitrator on their own initiative.

Note: When selecting a case for ADR before a private mediator, the Court shall consider various

criteria, including the nature of the claims involved and their complexity, whether any of the

litigants is pro se, the potential for a successful resolution, and the interests of justice.

RULE L-212.8. MINI-JURY TRIALS

(1) Purposes. The purpose of mini-jury trials is to establish a less formal procedure for the

resolution of civil actions for money damages while preserving the right to a jury trial de

novo. As a part of the Court's pre-trial procedure, the Court may refer cases for a mini-jury

trial upon motion of a party or sua sponte.

(2) Preliminary considerations. The following shall be considered, but shall not be controlling,

in determining if civil cases are amenable for a mini-jury trial.

(a) Time necessary for regular trial. The Court will determine if the regular trial time

would be three (3) days or more.

(b) Consent of attorneys. While the Court will attempt to obtain the consent of the

attorneys to a mini-jury trial, the Court shall have the authority to direct a mini-jury

trial as an extension of the settlement conference.

(c) Existing offer and demand. The Court will attempt to obtain the agreement of

counsel to keep any current offer or demand open for forty-eight hours after the

mini-jury trial verdict.

(d) Credibility. The Court will determine if the major issues will be resolved on the

basis of credibility.

(e) Appeals from arbitration. Cases appealed from arbitration will be presumptive

candidates for mini-jury trials.

(3) The following procedures shall apply to all mini-jury trials:

(a) Attendance of parties. Individual parties shall attend the mini-jury trial in person.

An officer or other responsible lay representative of a corporate party or a claims

adjuster for an insurance carrier shall attend the mini-jury trial.

(b) Non-binding effect. Mini-jury trials are for settlement purposes only and are non-binding. Nothing done by counsel with reference to the mini-jury trial shall be

binding on counsel, the parties, nor shall anything constitute a waiver, unless

specifically stipulated to or agreed upon by the parties.

(c) Special verdict questions. Cases will be submitted to the jurors by way of special

verdict questions. Counsel shall submit to the Special Master, forty-eight (48) hours

prior to the selection of the jury, a joint statement or proposed special verdict

questions, for use at trial. If counsel cannot agree on a joint statement, the Special

Master will select the special verdict questions to be used. Special verdict questions

for the mini-jury trial need not be the same as those for a regular jury trial. The jury

will determine the amount of damages in all cases, regardless of whether a

defendant is found to be liable or not liable. The Special Master will determine the

format to be used and make rulings on disputed questions.

(d) Size of Jury. The number ofjurors shall be six (6) and the agreement of five- sixths

of the jury shall be necessary to reach a verdict. There shall be no preemptory

challenges to jurors, but jurors may be excused for cause.

(e) Presentation of the case by counsel. Each side shall be entitled to one hour for

presentation of its case unless counsel presents a compelling reason at a pre-trial

conference why more time for each side should be allocated. Presentation of the

case by counsel may involve a combination of argument, summarization of

evidence to be presented at the regular trial, and a statement of the applicable law

but only to the extent it is needed to be known by the jury in answering the special

verdict questions. Counsel may call witnesses, but cross-examination shall only be

done as part of a party's presentation of its case. Counsel may quote from

depositions and/or reports to the extent that such evidence can reasonably be

anticipated to be admissible at the time of trial. Counsel should not refer to evidence

which would not be admissible at trial. The Plaintiff shall proceed first and shall

have a five (5) minute rebuttal following the presentation of the defendant's case.

(t) Applicable law. The Special Master will charge the jury on the applicable law to

the extent it is appropriate and needed to be known by the jury in answering the

special verdict questions. The points for charge shall be submitted jointly by the

parties to the Special Master forty-eight (48) hours prior to the selection of the mini-jury. The Special Master shall decide on any disputes on a point for charge.

(g) Jury verdict. The jury will be asked to return a verdict if five-sixth of them agree to

it. (The same five-sixth majority need not answer each special verdict question.)

(h) Length of Deliberations. If the jury does not reach a five-sixth majority verdict

within a reasonable time, the Special Master will consider polling the jurors

individually.

(i) Oral Questions to Mini-Jury. After the verdict, counsel may address questions in

open court to the foreperson of the jury. Only questions that can be answered ''yes"

or "no" or by a dollar figure may be asked. The attorneys shall be limited to ten

questions each unless a greater number is allowed by the Special Master. No

questions shall be asked such that the answers will disclose the personal view of

any particular member of the jury.

(j) Scheduling Regular Trial. Should the mini-jury trial not result in a settlement, the

regular trial shall not be held the same calendar week unless the jury is dismissed

and will not come into contact with the balance of the venire.

(k) Release of verdict. The mini-jury trial is an extension of the settlement conference,

and the verdict shall not be filed or otherwise made public.

(4) Selection of Special Masters. The Court Administrator shall maintain a roster of approved

Special Masters, who shall be attorneys admitted to practice for not less than ten (10) years.

The parties may agree upon a Special Master who is not on the roster maintained by the

Court Administrator, provided that the name of such person is submitted to, and approved

by, the President Judge or the judge to whom the case is assigned.

(5) Each party to a case selected for mini-jury trial shall pay a fee made payable to the County

of Washington and submitted to the Office of the Court Administrator for processing. The

mini-jury trial fee shall be set by administrative order, and information regarding the fee

shall be available in the Office of the Court Administrator. The special master shall be

compensated at a commensurable rate to their service, as established by the Court

Administrator and approved by the Court.

(a) Application Process. Any lawyer possessing the qualifications may submit a written

request to serve as a Special Master to the Court Administrator. The President Judge

shall certify as many Special Masters as determined to be necessary for the program.

(b) Withdrawal by Special Master. Any person whose name appears on the roster

maintained by the Court Administrator may ask to have his/her name removed or,

if selected to serve, decline to serve but remain on the roster.

(c) Disqualification. Persons selected to be Special Masters shall be disqualified for

bias or prejudice and shall disqualify themselves in any action in which they would

be required to disqualify themselves if they were a judge.

(6) Sanctions. If a party, or their counsel, fails to comply with this rule, the Special Master may

continue the mini-jury trial to another date as selected by the Court Administrator. If the

mini- jury trial is continued, the Court may enter sanctions against the offending party or

counsel, including the imposition of counsel fees, juror costs, and any other appropriate

relief.

RULE L-227.1. MOTION FOR POST-TRIAL RELIEF

(1) Any post-trial motions shall be filed with the Prothonotary in accordance with Pa.R.C.P.

227 .1, together with a transcript request form designating that portion of the record to be

transcribed.

(2) All post-trial motions must specify the grounds relied upon as provided by Pa. R. C. P.

227.l(b)(2).

(3) Unless otherwise ordered by the Court, a brief in support of post-trial motions shall be filed

within thirty (30) days following receipt of the transcript or, if no request for transcript has

been made by either party, within thirty (30) days of the date of the filing of the post-trial

motion.

(4) Unless otherwise provided by the Court, briefs in opposition to post-trial motions shall be

filed within twenty (20) days from the date of the filing of the brief of the moving party.

(5) A certificate of service shall accompany all briefs filed hereunder.