As amended through May 6, 2024
Rule 212.1 - Filing of Certificate of Readiness and Scheduling of Pretrial Conferences(a) The parties shall indicate their readiness for trial by filing the prescribed form of certificate of readiness (available from the prothonotary) in duplicate with the prothonotary signed by all parties or their attorneys of record. The forms are available in the Prothonotary's Office and online at www.co.berks.pa.us .(b) A certificate of readiness may be ordered filed in duplicate by the court, although the same has not been signed by all parties, provided that either of the following two (2) procedures is followed: (i) First Procedure: (A) The party desiring that a certificate of readiness be filed shall first send a letter all other parties in substantially the following form: "A certificate of readiness without being signed by all the parties shall be filed with the Prothonotary ten days from the date of this letter unless objections thereto are sent in writing to the undersigned and received within the said ten days."
(B) If no objection to the filing of a certificate of readiness is sent to the party desiring that the certificate of readiness be filed within the ten day period referred to in (b)(i)(A) above, that party shall file with the prothonotary the certificate of readiness, a copy of the letter sent to the other parties together with a proof of service and the documents required by B.R.C.P. 207.1(f).(C) If an objection to the certificate of readiness is sent to the party desiring that the certificate of readiness be filed, the party intending to present the certificate of readiness may serve notice upon all other parties that such party intends to present the certificate of readiness to the court for approval and filing at a regularly scheduled motion court, scheduled to be held not less than ten days after service of said notice upon the other parties. Said notice shall set forth the time, date and place of the motion court at which said party intends to present the certificate of readiness for filing.(1) The party intending to present the certificate of readiness shall make and file a proof of service of said notice with the prothonotary setting forth the time, date and manner of service, and the person upon whom such service was made. (b) The party intending to present the certificate of readiness, and any party objecting thereto, shall appear in motion court at the time and place designated and the court shall determine whether or not the certificate of readiness should then be filed. If a party fails to appear in motion court on the day and at the time and place designated, the issue may be determined by the court in such party's absence without further notice or delay.(ii) Alternative Procedure: (A) The party desiring that a certificate of readiness be filed, may serve notice upon all other parties that such party will present the certificate of readiness for approval and filing at a regularly scheduled motion court, scheduled to be held not less than ten (10) days after the service of said notice upon the other parties. Said notice shall set forth the time, date, and place of the motion court at which such party intends to present the certificate of readiness for filing. (1) The party intending to present the certificate of readiness shall make, and file, a proof of service of said notice with the prothonotary setting forth the time, date, and manner of service, and the person upon whom each service was made.(B) The party intending to present the certificate of readiness for filing shall, and any other party who wishes to object to such filing may, appear in motion court at the time and place designated and the court shall determine whether or not the certificate of readiness should then be filed. It a party fails to appear in motions court on the day and time designated, the court may determine the issue in such party's absence without further notice or delay.(c) After the certificate of readiness has been filed, Court Administration shall advise the judge assigned to the case and the judge shall promptly schedule a pretrial conference to be held not later than sixty (60) days after the filing of the certificate of readiness. Notice of the date for the pretrial conference shall be provided to counsel and/or unrepresented parties no later than three (3) weeks prior to the scheduled date.Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.