Rule 39-212.7. Scheduling
Conference and Case Management.
(a) This
Rule shall be applicable to all civil actions other than family law matters
governed by Pa.R.C.P. 1901 through 1940.9, credit card collection cases, cases
for and appeals from compulsory arbitration, administrative agency appeals,
appeals from labor arbitration, landlord-tenant appeals, appeals from boards of
view, mortgage foreclosures and cases in which judgment has been entered.
(b) In all cases to which this
rule is applicable, the plaintiff shall, not later than sixty (60) days after
service of the complaint upon defendant(s), file and transmit to the assigned
judge a proposed order of court in substantially the following form:
Order of Court
(Date),
the Complaint filed in this case having been served upon the Defendant(s),
IT
IS HEREBY ORDERED that the Plaintiff shall initiate discussion among all
parties who shall make a good faith effort to agree upon a proposed Joint Case Management
Order which shall be submitted to the assigned judge not later than
______ . In the event that the parties cannot agree upon a proposed Joint
Case Management Order, they shall submit separate proposed Case Management
Orders to the assigned judge in chambers not later than the foregoing date.
After the foregoing date, the assigned judge may enter a Case Management Order
or may schedule a Case Management Conference.
IT
IS FURTHER ORDERED that in considering joint or separate proposed Case
Management Orders, counsel and the parties shall be guided by the Court's
guidelines set forth in the Note to Local Rule 212.7 and be prepared to support
any requested deviation from such guidelines.
IT
IS FURTHER ORDERED that the parties shall begin engaging in discovery pending
the entry of a Case Management Order if they have not already done so; and that
the Plaintiff promptly serve copies of this order upon all other parties.
By
the Court,
_______________________
J.
(c) Not
later than 14 days after the deadline for the completion of discovery pursuant
to any Case Management Order, Plaintiff's counsel shall arrange with the
chambers of the assigned judge for a telephone conference between the Court and
counsel for all parties for the express purpose of [1] making a good faith
estimate as to the number of trial days—excluding jury selection date—that will
be required for trial; [2] securing trial dates; and [3] considering mediation
as a settlement tool.
NOTE: The purpose of the
Court in adopting this Rule providing for case management is to better assure
the progress of cases through the judicial system without unreasonable delay by
fixing deadlines for completion of the various stages of cases. Deadlines, for
example, for completion of discovery, the filing of expert reports, and the
filing of dispositive motions, will be set at the scheduling conference.
Thereafter, a party seeking extension of a deadline will have the burden of
establishing good cause for such extension.
The
following are guidelines for various types of cases:
|
CASE EVENT |
SIMPE CASE |
STANDARD |
COMPLEX |
MEDICAL
MALPRACTICE |
|
Discovery
Completion |
5 months |
9 months |
12 months |
12 months |
|
Plaintiff
Expert Reports |
6 months |
10 months |
13 months |
13 months |
|
Defense
Expert Reports |
7 months |
11 months |
14 months |
14 months |
|
Dispositive
Motions |
8 months |
12 months |
15 months |
15 months |
|
Pretrial
Conference |
10 months |
14 months |
17 months |
17 months |