RULE L301.1

Whenever a copy of a writing is attached to a pleading, brief or other paper submitted to the court, whether such copy is mechanically produced or otherwise, it shall be clearly legible and faithfully represent the original in every respect, and unless the original itself is not legible the court may require a substitute copy to be made and filed before the pleadings shall be considered valid or the brief or other paper considered.

RULE L301.2

All papers filed with the Prothonotary shall be prepared for flat filing. Such papers shall contain on the face sheet the following information: designation of the Court, date of filing, file number, caption, title of pleading, notice to plead or other form of notice, certification where applicable, and name and address of attorney or law firm filing the pleading upon whom papers may be served.

RULE L302.1

1. Courts for hearing arguments shall be held on the first Monday of each month unless otherwise especially ordered by the court in any particular case.
2. The prothonotary shall keep an argument docket wherein shall be set down all cases or matters requiring argument, special examination by the court, and the taking of testimony, except trials by jury and other matters specifically regulated by Act of Assembly.
3. All cases for argument shall be placed on the argument docket at least thirty (30) days prior to the argument day by a praecipe to the prothonotary. A copy of the praecipe ordering the case on the argument list shall be sent to opposing counsel by counsel ordering the case on the argument list.
4. The praecipe to the prothonotary shall include the name of opposing counsel and whether the matter listed requires the taking of testimony.
5. The prothonotary or court administrator shall give notice to all counsel that the case has been placed on the argument list. Said notice shall contain the date upon which argument will be held. The argument list shall be published in the Mercer County Law Journal prior to arguments.

RULE L302.2

1. Fifteen (15) days prior to the argument date, the moving party shall serve a copy of his brief on opposing counsel and deliver a copy to the court.
2. Five (5) days prior to the argument date, opposing counsel shall serve a copy of his brief on counsel for the moving party and deliver a copy to the court.
3. If either party fails to file a brief in accordance with these rules, the court shall dispose of the argument without his brief.
4. When a case is scheduled for argument and neither attorney appears upon the call of the case, it shall be stricken from the list.
5. If any interested counsel is present and ready to proceed and no reason has been presented for non-appearance of opposing counsel, the case may be heard at said time or scheduled for argument at the convenience of the court.

RULE L302.3

Counsel shall not consume more than thirty (30) minutes in argument, except by special allowance.

RULE L304

1. Motions and petitions may be presented through the court administrator or to the court at a time convenient to the court.
2. Except for routine matters that are not contested, no motion or petition shall be heard by the court unless prior notice of its presentation is given to opposing counsel of record.
3. Motions and petitions for a rule to show cause why a judgment should not be opened or stricken shall only be presented after prior notice has been given of such presentation to opposing counsel, or if none, to the opposing party.

RULE L305

All notices shall be in writing.

RULE L306

1. The Prothonotary shall immediately endorse all papers filed with the date of such filing. Such endorsement upon a bond shall not constitute approval thereof. He shall enter all rules, pleadings and other papers filed in every case in the Prothonotary's docket.
2. The prothonotary shall be responsible for the safe keeping of all records and papers belonging to his office.
3. Any attorney who takes a paper from the files of prothonotary shall give his receipt for it. He shall be responsible for the same and for damages arising from any loss of same.
4. Only the prothonotary, his clerks, and attorneys registered in the office of the prothonotary shall be permitted access to the files.
5. No entries shall be made in the docket except at the direction of the prothonotary or by order of the courts, except an entry of appearance of counsel.
6. All papers filed with the Prothonotary shall be designated numerically starting with the number one for each calendar year and with appropriate alphabetical symbols to differentiate between papers filed pertaining to judgments, municipal liens, mechanics liens, and executions as follows:

   Actions at Law	1 CD 1975
   Actions in Equity	1 EQ 1975
   Judgments	1 DSB 1975
   Municipal Liens	1 MU 1975
   Mechanic Liens and No-Lien Contracts, Waivers	1 ML 1975
   Execution Writs	1 ED 1975

RULE L309

1. There shall be a session for the trial of jury cases each month to be held at the time fixed by the court calendar.
2. A "watch book" shall be maintained by the prothonotary in which all cases ready for trial shall be listed. A case may be placed upon the trial list after it is at issue, all motions have been disposed of and all discovery completed by the praecipe of any party so certifying. The party placing a case on the trial list shall serve a copy of the praecipe upon all opposing parties forthwith.
3. (c) Unless an extension of time is agreed to in writing by all parties or allowed by the court upon cause shown, all discovery shall be completed within sixty (60) days after any party has given notice to do so. Such notice may be given at any time after a case is at issue, shall specifically refer to the time limitation provided herein, and shall be filed in the office of the prothonotary with copies served upon all other parties.
4. If a praecipe for the trial list is signed by or on behalf of all parties, all discovery shall be deemed completed, without compliance with paragraph (c) hereof.
5. Each month the court administrator shall schedule for trial an appropriate number of cases and shall select them in the order of their commencement, except as otherwise directed by the court. Written notice of the scheduling of the trial shall forthwith be given to all counsel.
6. In cases where a complaint is filed and the action has been at issue for one year, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to place the action on the trial list. If the action is not placed on the trial list by the plaintiff within a twenty (20) day period the prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros.

RULE L310

At the beginning of each calendar year, the court shall publish in the Mercer County Law Journal, a court calendar for the current year which shall have the effect of a rule of court for the matters and dates set forth therein.

RULE L312

1. The defendant or any interested party may require the plaintiff who resides out of state, or who is in bankruptcy, or has insolvency proceedings pending against him, to file security for costs.
2. The court, by special order upon cause shown, may require a plaintiff or a defendant who seeks affirmative relief to enter security for costs.
3. The claimant in a sheriff's interpleader issue shall be construed to be a plaintiff within the meaning of this rule.
4. In default of security entered at the time fixed by the court, judgment of default or other appropriate court order may be made in favor of the party obtaining the order.

RULE L315

1. Bills of costs must contain the names of the witnesses, the dates of their attendance, the number of miles actually traveled by them, and the place from which mileage is claimed. The bill shall be verified by the affidavit of the party filing it or his agent or attorney that the witnesses named were actually present in court, and that, in his opinion, they were material witnesses. A copy of the bill of costs shall be served on opposing counsel.
2. The party upon whom a bill of costs has been served may, within ten (10) days after such service, file exception thereto, and the issue shall be determined by the court. Failure to file exception within ten (10) days shall be deemed a waiver of all objections.

RULE L316.1

No judgment shall be entered on a verdict without payment of the jury fee, nor until ten (10) days have expired after its rendition, except by special order of the court.

RULE 316.2

Except in actions to which a minor or an incompetent is a party and in actions for wrongful death in which a minor or incompetent 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

1. 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. Thereafter the proceedings shall follow the procedure set forth in Rule 209 of the Procedural Rules.
2. The prayer of the petition shall set forth whether a supersedeas is requested or not.
3. 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 entered on confession may be subsequently re-indexed against any defendant under any alias name upon the plaintiff's attorney filing a praecipe therefor 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 L318

Except as otherwise provided by statute, or rule of court, pleadings in all actions shall, as nearly as possible, conform to the rules relating to civil actions.

RULE L320

During the month of July of each year, the prothonotary shall determine in which matters not concluded there has been no activity during the previous two years. The prothonotary shall then give notice in each such matter as provided by Pa. R.J.A. 1901 (c). If no action is taken, or no written objection stating good cause is filed in such matter within 30 days, the prothonotary shall enter an order terminating the matter. If written objection is filed in such matter within 30 days, the prothonotary shall list the matter for the next available Argument List without further praecipe and give notice to all parties. Failure of the objector to appear and to show good cause may result in the dismissal of the action.
Where publication is required, such publication shall be twice printed in the Mercer County Law Journal.
This Rule is an implementation of Pennsylvania Rule of Judicial Administration 1901 (b). Therefore, its designation Rule L320 does not refer to any Pennsylvania Rule of Civil Procedure.

RULE L321

1. Auditors shall be members of the bar.
2. Auditors' hearings shall be held at the Courthouse and testimony taken either by a court stenographer or by a stenographer to be agreed upon by the parties in interest.
3. Auditors shall give public notice of the time and place of hearings before them, by advertisement once a week for two successive weeks in the Mercer County Law Journal and one daily newspaper of general circulation of this county, stating therein that all persons must prove their claims before them or be debarred from coming in upon the fund. In addition thereto, 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, searched for liens and encumbrances, and award distribution accordingly, unless objections be made, in which event those whose claims are objected to shall be notified to prove their claims or be debarred from coming in upon the fund.
4. The argument before the court shall be confined to the exceptions filed with the auditor; the court will, however, recommit the report if of the opinion that justice requires it.
5. When facts are controverted before the auditor, he shall report the same as proved, in a concise or digested form and shall also state concisely the questions of law raised before him and his decisions thereon, with his reasons therefor, and when distribution is made a distinct account or schedule of the liens on the funds, paid and unpaid, in a form convenient for review shall be made out and presented with the report showing precisely the disposition made of the funds. The testimony, documentary or otherwise, shall be returned separately and filed with the report.
6. Upon motion made by the party interested, of misconduct or unreasonable delay on the part of any auditor, the court may either vacate his appointment or grant a rule on him to show cause why he should not proceed forthwith in the duties of his appointment, an in case of contempt may punish him by fine or attachment.

RULE L322

1. Wherever the aid of the court is desired in the distribution of money in court or in the hands of any collecting officer of the court, the party asking its interposition shall present to the court a written statement of the facts, showing its necessity or property, and thereupon the court may appoint an auditor to report the facts and make distribution or make such other order as may seem best calculated to bring the matter to a speedy close.
2. The court may, on motion and upon satisfactory evidence, decree distribution of any portion of the fund in court, not included in any controversy. before or during the pendency of the audit, and order such portions of the fund that are being audited to be deposited or invested during the controversy.
3. Duplicate receipts shall be given for all moneys paid in pursuance of such distribution, one of which shall be filed in the case and the other upon the original lien docket.

RULE L323

1. 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.
2. 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 county and all such accounts and petitions for distribution shall be filed in the office of the prothonotary.
3. 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 parties interested. Such notice shall be given by mailing the same to the last known address of the one entitled to receive the same, 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.
4. Any such 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 and, if no exceptions have been filed, the account may be confirmed absolutely.

RULE L324

1. It shall be the duty of the sheriff, or his deputy, to be always present in the Courthouse during the sitting of the court and promptly to execute all orders of the court and process issued by it.
2. On or before the first day of each court term and before the meeting of the court, the sheriff shall return to the prothonotary or clerk, all venires for jurors to that term.

RULE L325

1. All cases affecting real estate wherein questions of boundary or of conflicting surveys may arise, the court, on application of any party, or a judge at chambers, on proof of ten days' notice to all the other parties or their attorneys of such intended applications, may appoint a registered civil engineer who, upon reasonable notice to both parties, shall survey and ascertain such boundaries and conflicts and furnish a diagram thereof describing the same, and any other circumstances material to a proper investigation of the subject, and if, on trial, or otherwise, such survey appears to have been necessary or proper, the reasonable expenses of the same shall be taxed and paid as other costs.
2. The person so appointed, before entering upon his duties, shall take or subscribe an oath of affirmation that he will impartially, to the best of his skill and judgment, do and perform all things enjoined and required of him under said appointment, which oath or affirmation shall be filed in the cause.

RULE L326

1. A party to an action may, upon motion and such notice to the adverse party as the court may direct, pay into court the amount admitted to be due, together with costs, if any. The party entitled to the money may accept the money and settle and discontinue the action or may refuse the money and proceed with the action. If the adverse party shall not recover more than the amount paid into court, all additional costs shall be deducted from the money. This tender into court shall in no way alter the rights of the parties as to legal tender made before suit.
2. Parties wishing to extinguish liens upon real estate in which they have an interest may, on motion and such notice to the creditor as the court may direct, pay into court the amount due and have satisfaction entered upon the lien.
3. Upon payment of money into court, to abide its order, the same shall be deposited by the prothonotary in an account in the name of the prothonotary kept for such purposes, and shall be payable only by a check signed by the prothonotary pursuant to order of court. A book shall be kept in the office of the prothonotary, in which shall be entered all moneys paid into court, with the name of the case in which it shall have been paid.
4. Under the provisions of the bulk transfers section of the Uniform Commercial Code, 13 Pa.C.S. 6106(4), the petition of the transferee, in addition to other necessary allegations, shall give the name, address and amount of claims of creditors of the transferor insofar as the same are known to him and may request the appointment of an auditor. If the petition be approved by the court, an auditor may be appointed forthwith to determine what creditors of the transferor are entitled to recommend distribution to the court. The auditor shall give notice of his appointment and perform all his duties in accordance with the provisions of Rule L501. He shall also give notice of the time of filing claims to the transferors and transferees, or their attorneys, by registered or certified mail to each known creditor whose name and address is set forth in the petition.

RULE L327

1. The Mercer County Law Library shall be managed by a law library committee appointed annually by the judges of the Court of Common Pleas of Mercer County and shall consist of three (3) members of the bar of the county.
2. The committee shall have the management of the law library and the monies to be used for law library purposes shall be paid to the committee and expended by it for the support and maintenance of the library.
3. The law library committee shall have power to adopt such rules and regulations for the management of said library as may be expedient and necessary for the proper care and preservation of the same and shall, at the end of every year, report to the Court the condition of said library, and account for all expenditures of money made by it in relation thereto which, if approved, shall be filed on record in the office of the prothonotary.
4. The Judges may, if they deem necessary, appoint a librarian who shall be paid out of the funds of the library committee.

RULE L328

The Mercer County Law Journal is designated as the legal publication for the publication of legal notices.

Rule L329

1. Upon receipt of a praecipe for the trial list, the court shall issue an order permitting the parties to object to the certification of the case as being ready for trial, limiting the taking of depositions for use at trial, and providing for the scheduling of the trial and the pre-trial conference.
2. All depositions for use at trial shall be completed not later than five (5) days after the date of the pre-trial conference as scheduled by the court administrator, and the order shall so provide.
3. Any party who does not agree with the praecipe's certification of the readiness of the case for trial shall file a written objection to the certification within ten (10) days of the entry of the order. The written objection shall include a proposed court order setting the date and time for a hearing on this objection. For good cause shown at the hearing, the case will be stricken from the trial list. If no written objections to the certification are filed, continuances from the trial list will not be granted except for compelling circumstances not known to counsel for the parties at the time the order is entered.
4. Appropriate sanctions may be imposed for failure to comply with the order, including the striking of the case from the trial list and the assessment of attorney's fees and costs resulting from the delay. The court's contempt powers and the availability of damages for delay under Pennsylvania Rule of Civil Procedure 238 are not limited by this rule.

ORDER

AND NOW, this ______ day of ____________________, 199___, this case having been praeciped onto the trial list and the party filing the praecipe having thereby certified pursuant to Local Rule of Court L309 that all motions have been disposed of, that all discovery has been completed, and that this case is ready for trial, IT IS HEREBY ORDERED AND DECREED that any party who does not agree with that certification shall file a written objection to the certification within ten (10) days of the entry of this Order. If any objection is filed, a hearing will be scheduled on the objection to determine whether the case should be stricken from the trial list. The written objection shall include a proposed Order setting the date and time for this hearing. Whether or not written objections are filed, the Court Administrator will place this case on the trial list for _________________ and schedule the pre-trial conference for the _______ day of ______________________, 199____. No continuances from the trial list will be granted hereafter by reason of the need to take or complete depositions for use at trial or on the basis that the case is not otherwise ready for trial, unless a timely, written objection to the certification of readiness for trial is filed.

IT IS FURTHER ORDERED AND DECREED that, if this case is not stricken from the trial list, all depositions to perpetuate testimony for use at trial shall be completed not later than five days after the pre-trial conference date scheduled by the Court Administrator. In their pre-trial statements required by Local Rule of Court L212, the parties shall list all depositions taken or to be taken to perpetuate testimony for use at trial. For those depositions yet to be taken, the parties shall list the dates and times within the five days after the pre-trial conference when they will be taken.

Failure to comply with this Order shall result in appropriate sanctions, including the striking of the case from the trial list and the assessment of attorney's fees and costs resulting from the delay. This Court's contempt powers and the availability of damages for delay under Pennsylvania Rule of Civil Procedure 238 are not limited by this Order.

The purpose of this Order is to insure that this case, which has been certified as ready for trial, is in fact in that posture. It is the intention of this Court that meaningful stipulations and settlement discussions occur at the pre-trial conference and that the integrity of the trial list be preserved. There shall be no variations from this procedure.

BY THE COURT:
______________________________
P.J. Francis J. Fornelli,
President Judge

And now, this 9th day of March, 1992. It Is Hereby Ordered and Decreed that Local Rule of Civil Procedure L329, is hereby adopted and shall become effective thirty (30) days after publication in the Pennsylvania Bullentin and shall apply to all praecipes for the trial list filed after that date.

RULE L440

Service of a legal paper other than original process shall be accomplished within five (5) days of its filing.

This HTML has been accessed times since it was first created.