Rule 317 - Notification. Assignment. Conference(A) The Prothonotary of Mercer County shall notify the Mercer County Court Administrator within five (5) days of the filing of every new civil complaint. (B) The Mercer County Court Administrator shall assign the case to a judge on a rotating basis. (C) A status conference shall be held no sooner than 60 days after the filing of the complaint nor later than 90 days. (1) At said conference, the Court shall, after consultation with the parties, designate whether the matter is an arbitration case, regular case or a complex case. Each party shall present to the Court at said conference a summary of their case. Said summary shall be no longer than 3 pages in length (double spaced).(2) If the matter is designated an arbitration case, the Court shall enter a case management order requiring that all discovery be completed within three (3) months of the order and the matter listed for an arbitration hearing within 60 days of the end of discovery. The parties may agree to forego discovery prior to the arbitration hearing and do discovery only if there is an appeal from the Board of Arbitrator's decision. If this option is chosen, the Court shall immediately refer the case to arbitration.(i) The parties shall notify the assigned judge no later than one (1) month whether or not the parties have settled their dispute. If the dispute is not settled, the court will enter an order requiring a Board of Arbitrators be appointed.(ii) If an appeal is taken, from the decision of the Board of Arbitration, the Prothonotary shall notify the assigned judge who will enter an order placing the matter on the next available trial term.(3) If the matter is designated a regular case, the court shall enter a case management order requiring that all discovery be completed within six (6) months of the order, that all summary judgment motions be filed within seven (7) months of the date of the order and placing the matter on the trial list for a month no sooner than eight (8) months nor more than ten (10) months from the date of the order. (i) A review conference shall be held before the assigned judge no sooner than four (4) months nor more than five (5) months of the initial conference, or earlier if a party requests.(ii) If a summary judgment is filed, the court shall enter an order resolving the motion within thirty (30) days of argument on said motion.(4) If the matter is designated a complex case, the court shall enter a case management order requiring that all discovery be completed within fifteen (15) months of the date of the order; that all summary judgments be filed within seventeen (17) months of the date of that order and placing the matter on the trial list for a month no sooner than nineteen (19) months nor more than twenty-one (21) months from the date of the order.(i) Review conferences shall be held every five (5) months before the assigned judge, or earlier if a party requests. (ii) If a summary judgment motion is filed, the court shall enter an order resolving the motion within forty-five (45) days of oral argument on said motion.(D) Case designations shall be in accordance with the following: (1) Arbitration case - a case shall be designated as an arbitration case where the demand for relief is $25,000.00 or less; (2) Complex case - a case shall be any case involving a mass tort, professional malpractice, more than four (4) parties, any case where the demand for relief exceeds $500,000.00 or any case the parties and the court agree should be designated as a complex case.(3) Regular case - any case that is not designated either an arbitration case or a complex case. (E) All times for filing discovery, filing summary judgment motions or placing the matter on the trial list may only be modified by court order.(F) All expert reports shall be provided to opposing counsel no later than the time set for the end of discovery under the terms of this Rule.(G) All motions filed in the case shall be heard by the assigned judge unless that judge is not available and need not be heard at Motions Court. Adopted September 8, 2014, effective 30 days after publication in the Pennsylvania Bulletin.
Amendment to Rule L317:
(H) Procedure for handling cases initiated by Writs of Summons:(1) A status conference shall be held no sooner than 60 days nor more than 90 days after the filing of the Writ. (a) At the initial conference, the Court shall make inquiry of Plaintiff's counsel when counsel anticipates filing a complaint. (i) If the complaint is anticipated to be filed within 90 days of the conference, the Court shall enter an order designating the nature of the case, setting a discovery, motion and trial schedule consistent with the designation;(ii) If the complaint is not anticipated to be filed within 90 days of the conference, the Court shall schedule a review conference no sooner than 180 days nor more than 200 days after said conference. At the review conference, the Court shall make inquiry as to when a complaint is anticipated to be filed and enter an order consistent with subparagraph (i), or if a complaint is anticipated to be filed within 90 days or another status conference if it is not; or enter any other order deemed appropriate by the nature and circumstances of the case.Adopted November 13, 2015, effective 30 days after publication in the Pennsylvania Bulletin.