Rule 212.1 - PRETRIAL PROCEDURE(a)ScopeThis Rule shall encompass all civil actions, except actions where jurisdiction lies in the Family/Orphans Court Division.
(b)Case Management Orders (CMO)1.Case Management Orders - General(A) At the time of judicial assignment, the Office of Court Administration shall issue a CMO designating dates for the close of discovery, the filing of pretrial statements, and a proposed trial term.(B) At any time prior to judicial assignment, the parties may agree to the entry of a CMO by filing a stipulation with the Office of Court Administration and the Prothonotary.(C) Following the entry of the CMO, any request for modification shall be done by motion filed with the Prothonotary and mailing or delivering a copy to the assigned judge.2.Case Management Orders - Time Limitations(A) All CMOs, except those requested by stipulation, which are issued by the Office of Court Administration, shall provide the following time limitations: (i) Close of discovery within two hundred forty (240) days of the issuance of the CMO.(ii) Plaintiff's pretrial statement filed within thirty (30) days of the close of discovery.(iii) Defendant's pretrial statement filed within sixty (60) days of the close of discovery.(iv) The proposed trial term which will be the next available trial term for which the case can be certified.(B) If a case has been accepted by the Court as "complex," all CMOs shall designate dates consistent with the following time limitations:(i)Close of discovery is five hundred forty (540) days from the issuance of the CMO. (ii)Plaintiff's pre-trial statement filed within forty five (45) days of the close of discovery. (iii) Defendant's pretrial statement filed within ninety (90) days of the close of discovery.(iv) The proposed trial term which will be the next available trial term for which the case can be certified.(C) If a case has been accepted by the Court as "expedited," all CMOs shall designate dates consistent with the following time limitations:(i) Close of discovery is ninety (90) days from the issuance of the CMO.(ii) Plaintiff's pretrial statement filed within fifteen (15) days of the close of discovery.(iii) Defendant's pretrial statement filed within thirty (30) days of the close of discovery.(iv) The proposed trial term which will be the next available trial term for which the case can be certified.(D) A party may request that a case be designated as complex or expedited by the filing of a stipulation or motion.(E) All cases where the amount in controversy is within the limits for mandatory arbitration shall be designated as "expedited" cases and CMOs issued accordingly.(c)Settlement ConferenceA party may request that the assigned judge conduct a settlement conference at any time after the filing of the last responsive pleading.
(d)MediationMediation is available upon agreement of all parties. The Prothonotary, upon request for appointment of a mediator, may appoint a mediator to conduct the process. Other alternatives for locating a trained mediator include the Erie County Bar Association's Mediation Service.
The following procedure shall guide the mediation process when requested by parties:
1. A mediator may be selected through the Prothonotary's Office from a list supplied by the Court, through the Erie County Bar Association's Mediation Program or by other means agreed upon by the parties.2. The mediator shall designate the time for hearing with written notice to each party or their counsel. Hearings may be held at the mediator's office or elsewhere upon agreement of the parties. 3. All parties, including counsel, may attend the mediation.4. The parties/counsel shall immediately notify the mediator if the matter has been resolved prior to the scheduled hearing.5. Upon completion of the mediation, the mediator shall file a report with the Court, with copies to the parties or, if represented, to their counsel, stating only whether the case has settled. If the case has not settled, it shall proceed to arbitration or trial.(e)Certification For Trial1. These certification procedures apply to all civil jury and non-jury cases.2. In order to have a case assigned to a particular trial term, all counsel or parties must certify the case as ready for trial by filing with the Prothonotary and serving upon the Court Administrator a certification in substantially the form contained herein and designated "Certification I."3. If a party has failed to comply with the timetables established in the CMO or has failed to sign a Certification I after being requested to do so in writing, a party wishing to place the case on the trial list must file a certification in substantially the same form contained herein and designated "Certification II."4. A Certification I or II indicating readiness for trial shall be filed with the Office of Court Administration and the Prothonotary no later than the last Friday of the calendar month that precedes the month immediately before the beginning of the proposed trial term, unless a different deadline is established by notice published in the Erie County Legal Journal.5. All "Certification II's" shall be forwarded to the assigned judge for disposition.Amended effective 7/1/2020; amended effective 8/1/2022.