Rule 42 - Complex Litigation-Court of Common Pleas(A) Complex litigation determination. An attorney representing a party to an action filed in the general division of the court of common pleas may request that the case be designated as complex litigation. The attorney filing the request shall certify that the attorney has approval from his or her client to file the request. In determining whether a case shall be designated as complex litigation, the judge to whom the case is assigned shall consider all of the following: (1) Number of parties involved;(2) Whether a class action is involved;(3) Whether it is a products liability case;(4) Whether there are other related cases involving unusual multiplicity or complexity of factual or legal issues;(5) Extent of discovery necessary to prepare the case for trial;(6) Number or availability of parties and witnesses for trial;(7) Any endorsement of or objections to the request from an opposing party or counsel for an opposing party.(B) Complex litigation determination-judicial. The judge to whom the case is assigned may designate a case as complex litigation without a request from an attorney representing a party to the action. The designation shall be made after the judge considers the factors set forth in divisions (A)(1) to (7) of this rule.(C) Time; reporting. A designation of a case as complex litigation pursuant to division (A) of this rule shall be made within six months of the date on which the case was filed. If a case is designated as complex litigation, the judge shall submit to the Case Management Section of the Supreme Court a report specifying the reasons for the designation of the case as complex litigation. The case shall be reported on Supreme Court Report Form A in the category of complex litigation and given thirty-six months from the date of filing to be terminated.(D) Authority of the Chief Justice. A designation of a case as complex litigation pursuant to division (A) or (B) of this rule shall be made within six months of the date on which the case was filed. If a case is designated as complex litigation, the judge shall submit to the Case Management Section of the Supreme Court a report specifying the reasons for the designation of the case as complex litigation. The judge shall include the case in the statistical report submitted pursuant to Sup.R. 37.02(A) under the category of complex litigation. The judge shall have thirty-six months from the date of filing to terminate the case. Amended April 11, 2013, effective 7/1/2013.Commentary (July 1, 1997)
This rule is analogous to former C.P. Sup. R. 8.01(B). No changes were made in the 1997 amendments to the Rules of Superintendence.
Commentary (January 1, 1996 Amendment)
Two significant changes have been made to this rule pertaining to complex litigation. First, counsel and the trial judge are in the best position to assess the factors set forth in division (A)(1) to (7) of the rule and determine whether the case merits designation as complex litigation. Accordingly, the process of designating a case as complex litigation is revised to allow an attorney, with the consent of his or her client, to make a request and to have the designation made by the trial judge. The trial judge also may designate a case as complex litigation without a request from counsel. Through Sup. R. 4 and by reviewing and signing Common Pleas Report Form A, the administrative judge of the general division will continue to monitor complex litigation determinations and ensure uniform application of the criteria throughout the division. If the trial judge is considering the designation of a case as complex litigation without a request from counsel, he or she should inform the parties of that fact and the significance of the designation. Once a determination has been made, the judge should notify the parties.
The second revision extends the time for making a complex litigation determination from ninety days to six months. Under the former rule, the complexities of a case often were not apparent within three months of filing, and the additional three months provided by this rule will allow for a more complete and accurate assessment and designation.