Local Rule 1.2

 

 

CIVIL CASE FLOW MANAGEMENT PROCEDURE

 

1.2 (A) Purpose

In compliance with the Rules of Superintendence for Courts of Common Pleas and for the purpose of maintaining and improving the timely disposition of cases, the following case flow management procedure is being adopted. It is not intended that this rule supersede any present rule, but only that it spell out the duties and responsibilities of counsel and the case management procedure.

1.2 (B) Failure of Service

Upon notice of failure of service, counsel must make reasonable attempts to make good service within twenty‑eight (28) days of notice; and if they do not, the case may be dismissed by the Court without prejudice.

1.2 (C) Scheduling Order

(1) The Assignment Commissioner shall, in not less that thirty (30) days nor more than ninety (90) days after the last responsive pleading is filed, assign a scheduling conference with all parties which may be conducted by telephone. The trial attorney must be present at this conference with his calendar. All important dates, including the trial dates, shall be established. This includes, but is not limited to, motions, discovery cut‑off dates, formal pretrials, and trial dates. This schedule may not be altered except by order of the Court.

(2) A final pretrial conference shall be scheduled approximately thirty (30) days before trial. Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good‑faith negotiations toward settlement.

(3) A trial brief shall be submitted at the final pretrial conference along with a jointly prepared pretrial statement. Any jury instructions requested by the parties shall also be submitted at this time.

1.2 (D) Motions for Summary Judgment

Motions for summary judgement shall be handled in accordance with Civil Rule 56. They shall be decided without oral hearing unless oral hearing is determined to be necessary by the Court. The Assignment Commissioner shall establish a briefing schedule and a non‑oral hearing date. A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary. Please refer to the rules regarding admissible evidence by which the Court must abide.

1.2 (E) Other Motions

Other motions shall be handled according to Local Rule 7.

1.2 (F) Continuances

Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, and whether or not opposing counsel consents. (Effective July 1, 1991)