Current through Register Vol. 54, No. 45, November 9, 2024
Rule 1901 - Prompt Disposition of Matters; Termination of Inactive Cases(a)Policy.-It is the policy of the Unified Judicial System to bring each pending matter to a final conclusion as promptly as possible consistent with the character of the matter and the resources of the system.(b) Except for actions governed by Pa.R.Civ.P. 1915.4(b) (Prompt Disposition of Custody Cases) and 230.2 (Termination of Inactive Cases), at least once a year each court of common pleas shall initiate proceedings to terminate pre-adjudication matters which have been inactive for two years or more. The court of common pleas shall also initiate proceedings for any applicable civil or criminal case pending before local magisterial district courts or the Philadelphia Municipal Court, or alternatively, the court of common pleas shall implement local rules providing for the initiation of proceedings before the minor courts. In either event, at least once a year, each court of common pleas shall provide data about the proceedings to terminate inactive cases pending before the court and the minor judiciary to the Court Administrator. The data must be in such format as requested by the Administrative Office.(c)Notice of Proposed Termination.(1) For each matter identified by the court pursuant to subdivision (b), the court shall serve a written notice of proposed termination on counsel of record, and on the parties if not represented, at least thirty days prior to the date of the proposed termination. The notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination.(2) The notice shall be served: (i) electronically, when permitted by existing legal authority;(iii) by mail to the last address of record.(3) The notice shall be in the following form: (Caption)
NOTICE OF PROPOSED TERMINATION OF COURT CASE
The court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years.
You may stop the court from terminating the case by filing a statement of intention to proceed. The statement of intention to proceed should be filed with________________________________________________________ at
(Appropriate Filing Office)
______________________________________________________________
Address
on or before___________________________
Date
IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE.
BY THE COURT:
____________________________ ______________________________________
Date of this Notice Officer
(d)Statement of Intention to Proceed.(1) Counsel of record, or parties if not represented, shall file a statement of intention to proceed in the following form: (Caption)
Statement of Intention to Proceed
To the Court:
_________________intends to proceed with the above captioned matter.
Date:_________________________________ _______________________________
Attorney for____________________________
_____________________________________
(2) Upon receipt of a statement of intention to proceed in accordance with subdivision (d)(1), the court may schedule a status conference and establish appropriate timelines to ensure a timely and efficient disposition of the case. If the statement of intention to proceed concerns a matter pending before a magisterial district judge, the statement shall be transmitted to the appropriate judge for further proceedings.(3) If no statement of intention to proceed has been filed on or before the date of the proposed termination, the court shall enter an order terminating the matter.(e)Reinstatement.(1) If a matter has been terminated pursuant to this rule, a party may petition the court to reinstate the action.(2) If the petition is filed within sixty days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action.(3) If the petition is filed more than sixty days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action upon a showing that:(i) the petition was timely filed following the entry of the order for termination; and(ii) there is a reasonable explanation or a legitimate excuse for the failure to file both: (A) the statement of intention to proceed prior to the entry of the order of termination on the docket, and(B) the petition to reinstate the action within sixty days after the entry of the order of termination on the docket.(f) Any case which is reinstated pursuant to subdivision (e) shall be subject to termination with prejudice upon a subsequent termination pursuant to this rule. No subsequent reinstatements shall be granted.(g)Effect of Disposition of Records. Notwithstanding any inconsistent provision of this rule , a court shall not entertain any petition for the reinstatement of a matter terminated pursuant to this rule if such petition for reinstatement is filed after the documents relating to the matter have been disposed of pursuant to the applicable record retention schedule established by or pursuant to law.The provisions of this Rule 1901 adopted May 10, 1973, 3 Pa.B. 921, amended through December 28, 1973, 3 Pa.B. 2949, amended and effective 1/18/1974; amended March 20, 2003, effective 7/1/2003, 33 Pa.B. 1711; amended June 14, 2018, effective immediately, 48 Pa.B. 3847.Amended by Pennsylvania Bulletin, Vol 53, No. 31. August 5, 2023, effective 8/5/2023