Rule 1041.1 - Asbestos Litigation(a) Upon filing of a case in asbestos the case shall be assigned to a judge, who shall preside over all proceedings relating to the case. The Prothonotary shall immediately notify the Court Administrator of the filing of an action in asbestos.(b) All pleadings and proposed orders shall include a caption as follows: IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION - ASBESTOS
(c) In all asbestos cases, the course of litigation shall be governed by the terms set forth in a case management order ("CMO").(1) Any party may present a CMO to the Court for approval within sixty (60) days of the filing of the complaint. The proposed CMO shall set forth the actual dates in which each stage of the litigation must be completed.(d) In the absence of a CMO approved by the Court within sixty (60) days from the filing of the complaint, the Court shall enter the following CMO: IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION - ASBESTOS
Plaintiff(s) | ) ) |
vs. | ) No. __________ |
Defendants. | ) ) |
CASE MANAGEMENT ORDER
AND NOW, this ____ day of ________________, 20____, it is hereby ORDERED, ADJUDGED, and DECREED that:
1. This Case Management Order ("CMO") shall govern the litigation in the above-captioned matter.2. Within sixty (60) days of the commencement of the action, defendants shall select an attorney from one of their number to act as lead defense counsel. Lead defense counsel shall promptly file a notice of his or her selection with the Prothonotary. In the event that lead defense counsel ceases to act in that capacity, the defendants shall select a replacement within thirty (30) days. Replacement lead counsel shall promptly file a notice of his or her selection with the Prothonotary.3. Plaintiff's Answers to Standard Short Form Interrogatories shall be served on all defense counsel within six (6) months of the date of the filing of the complaint.4. The parties shall disclose all known fact witnesses within eight (8) months of the date of the filing of the complaint.5. Discovery shall be completed within fourteen (14) months of the date of the filing of the complaint.6. All Motions for Summary Judgment shall be filed within sixteen (16) months of the filing of the complaint.7. Responses to the Motions for Summary Judgment shall be filed within seventeen (17) months of the filing of the complaint.8. After the responses to the Motions for Summary Judgment have been filed, any party may present a motion for argument date. Arguments for all Motions for Summary Judgment shall be heard on the same day.9. Plaintiff shall file a pre-trial statement within twenty-one (21) months of the date of the filing of the complaint.10. Defendant(s) shall file a pre-trial statement within thirty (30) days of the filing of Plaintiff's pre-trial statement.11. The pre-trial statements shall contain a narrative statement, a list of any expert witnesses intended to be called at trial, all expert reports, and an assessment of damages. The pre-trial statement shall also include any presently known motions in limine and any legal research, memorandum, or brief in support thereof. Failure to file a motion in limine shall bar a future filing, unless said motion could not be anticipated prior to the filing of the pre-trial statement.12. Upon the filing of pre-trial statements by all active parties, the Court Administrator shall place the case on the trial list of the assigned judge.13. This CMO may be modified by agreement of all parties, subject to Court approval, or upon motion of any party for good cause shown. BY THE COURT:
_________________________
ASSIGNED JUDGE
(e) It is the responsibility of the moving party to file all original Orders with the Prothonotary. Further, the moving party shall serve copies of all Orders upon all counsel of record and any pro se litigant. If the Court serves copies of any Order, such service shall be made to counsel for the plaintiff and lead counsel for the defendants, who shall be responsible for providing service upon all counsel of record and any pro se litigant.Amended effective 1/1/2022