Rule
39-214. Preferences on Trial List
39-214.1. A cause of action shall be listed for trial
by filing a Praecipe in the office of the Prothonotary with a copy of the
Praecipe to be sent by ordinary mail to opposing counsel of record, and to all
parties not represented by counsel, which shall constitute sufficient notice of
the listing of the cause. The Praecipe shall contain a certification
that mediation was pursued or, if not, was the subject of good faith
consideration by counsel and all parties.
A
cause must be listed for trial at least five (5) full calendar weeks prior to
the day on which trial commences.
The
Prothonotary shall list the causes for trial in a docket to be provided for
that purpose.
39-214.2. In the Franklin County Branch, the
Prothonotary shall post a list of causes set down for trial and shall cause the
list to be published once a week for three (3) successive weeks immediately
following the closing of the trial list in the Franklin County Legal Journal
and in newspapers of the County of general circulation, one of which shall be
published in Chambersburg, One in Waynesboro, one in Greencastle, and one in
Mercersburg, if such there shall be.
39-214.3. In the Fulton County Branch, the Prothonotary
shall post a list of causes set down for trial and shall cause the list to be
published once a week for three (3) successive weeks immediately following the
closing of the trial list in a newspaper of the County of general circulation
and published in McConnellsburg.
39-214.4. A list containing the names of the jurors
summoned for each term of Court, with their exact place of residence and
occupation, and a list of the causes for trial in the Court of Common Pleas for
that term, giving the names of the parties, number and term, form of action and
names of counsel, shall be prepared by the Court Administrator and supplied by
him in sufficient numbers to furnish one copy thereof to any party who requests
it.
39-214.5. The parties to a cause at issue may, by
mutual consent and with approval of the Court, add it to the trial list at any
time.
Any
party may apply to the Court for an Order to strike from the trial list any
cause which has been irregularly placed on it.
39-214.6. All cases shall be ready for trial on the
date set for the selection of juries in each trial term, unless otherwise
ordered by the Court. If a case is
called and is not ready for trial, the Court may make an appropriate Order
pertaining thereto.