Beav. Cnty. Pa. 212.3

As amended through March 1, 2024
Rule 212.3 - Pre-Trial Conference-Imposition of Sanctions for Obdurate Conduct
(a) The Court may request the presence of an official court stenographer, or utilize the digital audio recording system, during a pre-trial conference.
(b) The presiding judge shall recommend a settlement amount to counsel for parties if the judge determines that he or she can fairly evaluate the case for settlement purposes. The recommendation and the reasons in support thereof shall be included in the stenographer's notes as well as the parties' settlement positions and the reasons therefore.
(c) The court may make a finding that a party has engaged in obdurate conduct in regard to the party's settlement position either sua sponte or on petition of another party. In either event, not later than ten (10) days after a jury verdict or a decision of the court, upon petition of a party or the court, a rule shall be issued to show cause why counsel fees should not be awarded under 42 Pa.C.S.A. § 2503(7). The Petition Practice set forth in Pa.R.C.P. No. 206.1 et seq. will apply.
(d) The court should consider and weigh the following factors determining whether or not to impose sanctions:
1. The facts and circumstances which existed at the time of the pre-trial conference;
2. Whether there was a change in such facts or circumstances to account for a variation between the plaintiff's demand, the defendant's offer and the jury's verdict;
3. The final settlement demand and offer;
4. The settlement value;
5. Whether there was substantial merit to the parties' claim or defense, and;
6. Whether a party's settlement position had a reasonable basis in law or in fact.

Beav. Cnty. Pa. 212.3

Amended effective 3/1/2024