Merc. Cnty. Pa. 329

As amended through November 4, 2016

Rule 329 - Pre-Trial Order

(a) Upon receipt of a praecipe for the trial list, the court shall issue an order in the form set forth below providing for 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.

(b) 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.

(c) 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.

(d) 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 ____________________ , 20___, 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 ______________________ , 20____. 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: ______________________________

President Judge

Merc. Cnty. Pa. 329

Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.