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ATTORNEYS
- During the month of January of each year, the secretary of the Bar
Association shall certify to the prothonotary, the recorder of deeds, the
register of wills, and the clerk of the Orphans' Court Division, any change in
the members of the Mercer County Bar. Each of these officers shall retain a
register of such list in his offices.
- One-tenth of all arbitrators' and auditors' fees and $27.50 of each
master's fee shall be deducted therefrom by the prothonotary, clerk of courts
or other officer and paid over to the treasurer of the Mercer County Bar
Association. The funds from this source shall be used by said treasurer to pay
the dues of the members of the Mercer County Bar Association in the
Pennsylvania Bar Association. The surplus, if any, remaining after the payment
of said dues to the Pennsylvania Bar Association shall be used for the general
purposes of the Mercer County Bar Association.
- No attorney shall be admitted as surety in any action pending in
court and the prothonotary shall not accept any bond or surety unless by leave
of court for special cause shown.
FORM OF BRIEFS
Briefs shall be typewritten on paper approximately 8 1/2 inches by 11
inches in size, double-spaced, except for quotations, and shall contain:
- A history of the case.
- A statement of the question involved.
- A copy of, or reference to, the pertinent parts of any relevant
document, report, recommendation, or order.
- An argument.
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PRE-TRIAL CONFERENCE
- All civil actions at law and in equity, both jury and non-jury,
excluding those within the jurisdictional limits of compulsory arbitration and
not appealed, and actions of divorce or annulment shall be pretried unless
dispensed with by special order as unnecessary.
No other civil action need
be pretried unless required by special order of this court.
- Any and all admissions of fact or documents, amendments to pleadings,
agreements of counsel and any other matters resolved or determined by the court
at the pre-trial conference shall be made into an order by the court and made a
part of the record.
- At the pre-trial conference, each counsel of record representing a
party to the action shall present to the court, and serve a copy on all other
counsel, a narrative statement of the facts that will be offered by oral or
documentary evidence at trial, and a statement of any unusual questions of law
that may arise.
- Each person or corporation having an actual interest in the case --
whether as a party, as the insurance carrier of a party, or otherwise--shall
either be personally present at the pre-trial conference or shall there be
represented by someone authorized to speak for him or it with respect to the
trial of the case and its settlement.
- All unusual questions of law shall be presented to the pre-trial
judge with a statement of the authority supporting the position of that party.
If a party desires, he may present such questions in the absence of the
opposing party and his counsel.
- Exhibits may be marked prior to trial by the court stenographer. It
is recommended, although it is not required, that a list of exhibits, including
a description of each, be given to the court and to the stenographer at the
commencement of the trial.
- At the pre-trial conference, each party shall
submit to the court and to opposing counsel the following:
- A list of the names and addresses of all witnesses he proposes to
call, classifying them as witnesses to liability or to damages. The listing of
a witness by a party shall impose no obligation on the party to call the
witness or to procure his attendance at the trial.
- A copy of any plan or plot he proposes to introduce into
evidence.
- If a party, in the exercise of reasonable
diligence, first becomes aware of the necessity or the desirability of using a
witness or a plan or plot subsequent to the pre-trial conference, he shall
forthwith file the name, address and classification of the witness or a copy of
the plan or plot with the court and serve a copy upon opposing counsel. Filing
and service less than forty-eight hours before the opening of the trial shall
not be deemed compliance with this subsection.
- A party may not call a witness nor offer a plan or plot without
complying with sub-section (g) or (h)
hereof unless he shall first secure the permission of the court upon cause
shown.
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ADDRESSES AND SUMMING UP
- Opening addresses may be made by all parties or groups of parties at
the commencement of the trial in the order of their appearing in the pleadings.
Any party may reserve his opening address until immediately before presenting
his evidence.
- After the close of the testimony each party or group of parties shall
have the right of final address or argument. The party or parties having the
burden of proof shall have the right of final address or argument to the jury.
However, a party who has presented no evidence and who does not appear on the
record in another capacity shall have the right of final argument.
POST-TRIAL CONFERENCES
Unless the court shall deem it unnecessary in a particular case, a
post-trial conference shall be held, at a time fixed by the court, in every
case in which a post-trial motion has been filed. The purpose of such
conference will be to limit the issue which must be considered by the court in
ruling upon the post-trial motion and to determine how much of the stenographic
record of the trial could be transcribed.
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