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AO2020-4, Amending/Repealing Rules N212A, N1028C and N1017
IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY COMMONWEALTH OF PENNSYLVANIA
CIVIL DIVISION - LAW
IN RE: ADMINISTRATIVE ORDER 2020-4
, this 21st day of February, 2020, it is hereby
1. Northampton County Rule of Civil Procedure N1017 is hereby repealed;
2. Northampton County Rule of Civil Procedure N212A is hereby amended, and the amended rule is attached hereto; and
3. Northampton County Rule of Civil Procedure N1028(c) is hereby amended; and the amended rule is attached hereto.
BY THE COURT:
MICHAEL J. KOURY, JR.
RULE N212A. Case Management/Trial Lists.
Upon the filing of an answer to a complaint in a civil action, the court will issue a case management order setting deadlines for completing discovery, serving expert reports, and filing pre-trial motions. The case management order shall also set the date for a pre-trial conference.
The parties may agree to alter the deadlines and dates set by the case management order by delivering a stipulation and proposed order to Court Administration for transmittal to a judge for approval by the court.
If the parties determine that the complexity of the case requires a specialized case management order and cannot agree to a stipulated order, any party may request a status conference by contacting Court Administration.
The Court Administrator shall prepare jury and non-jury trial lists in accordance with case management orders and forward such lists to each attorney of record and each unrepresented party at least thirty (30) days prior to the preliminary call of the list. The day-by-day list shall be prepared in the order in which the actions were commenced or as directed by the court. See Pa.R.C.P. 214.
A preliminary call of each jury and non-jury trial list shall be held prior to the trial week. At the call of the list, the court will consider all applications for continuances, and no continuance will thereafter be granted except for cause arising between the time of the preliminary call and the beginning of the assigned trial week.
Any party may file a praecipe for either a pre-trial conference list or a trial list, giving notice thereof to all opposing parties.
At the pre-trial conference, the case shall proceed in accordance with Northampton County Rule N212B, and the court shall assign the case to the jury or non-jury trial list.
Any case once certified for trial by a pre-trial judge shall, unless otherwise directed by the court, be relisted automatically on subsequent trial lists until the case is finally disposed of by trial or otherwise.
RULE N1017. (Repealed)
RULE N1028(c). Procedure for Disposition of Preliminary Objections
Preliminary objections shall be resolved on an argument list and shall be filed and briefed in conformity with Rule N211.
(1) When the preliminary objections can be resolved from facts of record and no evidentiary hearing is required, within twenty (20) days of thefiling of preliminary objections, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts - Civil in conformity with Rule N211.
(a) If a brief is not filed in accordance with this rule, the preliminary objections shall be dismissed by the court, as of course, unless the time for filing has been extended by the court. The Clerk of Courts - Civil shall docket the order dismissing the preliminary objections and shall give notice thereof by ordinary mail to the objecting party or that party’s counsel. If the objecting party is required under the Rules of Civil Procedure to file a responsive pleading, it shall be filed within twenty (20) days of the mailing of notice by the Clerk of Courts - Civil of the dismissal of the preliminary objections.
(2) When the preliminary objections are endorsed with a notice to plead because the objections involve issues that cannot be determined from facts of record, the preliminary objections shall be filed and appropriate time shall be allowed for the responding party to file a response before the objecting party shall praecipe the objections for an evidentiary hearing in compliance with Rule N209. Within twenty (20) days of the completion of the evidentiary record, or if the objecting party deems that a hearing is not necessary because of admissions in the response within twenty (20) days of the date of the filing of the response, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts - Civil in conformity with Rule N211.
(a) If a praecipe for an evidentiary hearing or for argument is not filed within twenty (20) days of the responding party filing a response to the preliminary objections, the responding party may move to have the preliminary objections dismissed.
(b) If an evidentiary hearing is held pursuant to Rule N209, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts - Civil in conformity with Rule N211 within twenty (20) days of the completion of the evidentiary record. If such praecipe and accompanying brief are not timely filed, the responding party may move to have the preliminary objections dismissed.
Created at 2/24/2020 9:45 AM by Lisa Mann
Last modified at 2/24/2020 9:45 AM by Lisa Mann
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