Monr. Cnty. Pa. 212.1

Current through April 21, 2022

Rule 212.1 - Case Management

(1) Case tracks. The Court Administrator will assign a judge to a case upon the filing of a civil action. Within 120 days of filing, the Court will issue a case management order giving notice of the earliest date on which the case may be tried, pursuant to Pa.R.C.P. 212.1. The order will establish a case track and timelines for case events, in accordance with the following schedules:

Case Type	Management Track	Disposition Within
- All cases involving damages of less than $50,000 - Residential lease rent & possession - Replevin - Mechanic's Lien - Tax/Judicial sale petitions - Residential assessment appeals	Fast	10 months
- All cases involving damages in excess of $50,000 except complex cases - Actions to quiet title - Ejectment (other than residential lease) - Declaratory judgment - Mortgage foreclosure - Commercial assessment appeals - Partition - Right to Know	Standard	18 months
-Class action -Medical/Professional Malpractice -Toxic Tort/Waste -Product Liability	Complex	24 months

(2) Case events.

Case Event	Fast Track	Standard Track	Complex Track
Management order	4 months	4 months	4 months
Discovery complete; motions to compel filed	6 months	12 months	18 months
Plaintiff expert reports	6 months	12 months	18 months
Defense expert reports	8 months	14 months	20 months
Dispositive motions	8 months	14 months	20 months
Praecipe for arbitration filed	9 months
Pretrial memorandum due		Filed before trial date as per Pa.R.C.P. 212.1	Filed before trial date as per Pa.R.C.P. 212.1
First date case may be tried pursuant to Pa.R.C.P. 212.1		18 months	24 months

(3) Pretrial procedure.

a. A court order will issue upon filing in Fast Track and Standard Track cases. The case track and/or deadlines established by the case management order may be modified by the Court in its own discretion or for good cause shown. A party seeking modification shall seek the written concurrence of all parties and make the request for modification by written motion. A proposed modified case management order in a form substantially similar to Form "C" shall be attached. A proposed order for a status conference, substantially similar to Form "D" shall also be attached.

b. The trial judge assigned to a case on the Complex Case Track will schedule a status conference with the parties who have appeared in the action approximately four months after the date of filing to establish a case management plan. The judge may modify the above case event deadlines. The judge may require the parties to participate in creating a joint case management plan to be submitted to the Court at the time of the status conference.

c. An appeal from compulsory arbitration pursuant to Pa.R.C.P. 1308 shall be placed by court order on the next trial list more than sixty days from the date of the appeal.

d. A party may request a civil trial listing or an arbitration hearing for a case which does not have a Case Management Order by motion to the Court.

e. Pretrial memoranda shall be filed before the trial date in accordance with the dates established by Pa.R.C.P. 212.1(b), unless otherwise scheduled by the Court.

f. The parties' pretrial memoranda shall include the following:

1. Name of client, name and telephone number of the attorney who will try the case;

2. In jury cases, the demand and offer of settlement which shall be binding upon the parties for purposes of Pa.R.C.P. 238;

3. The name and coverage limits of any insurance carrier;

4. The names and addresses of all witnesses to be called at trial with a description of their purpose, e.g. liability, damages, etc.;

5. A list of exhibits to be introduced at trial. Counsel shall certify in the pretrial memorandum that all exhibits were furnished to opposing counsel.

6. A list of all special damages claimed by any party;

7. A list of voir dire questions;

8. The estimated length of trial time necessary for counsel to present a party's evidence.

g. By order of court, the trial judge shall notify all counsel and unrepresented parties of the date and place of the pretrial conference. At least five days before the pretrial conference, all counsel and unrepresented parties shall confer to discuss settlement and evidentiary issues. Plaintiff's counsel shall be responsible for arranging this conference.

h. Only counsel who participate in the pretrial conference with the Court shall be permitted to conduct the trial unless otherwise authorized by the trial judge.

i. Motions in limine must be in writing and shall be filed with the Prothonotary no later than the pretrial conference. The trial judge will schedule opposing party responses and argument as required.

j. At trial, the parties will be limited to those witnesses and exhibits disclosed in the pretrial memoranda, unless opposing counsel waives such restrictions or the Court finds such a limitation to be unjust. If a party has indicated that a witness will be called, three days' notice shall be given to opposing counsel if the witness will not be called for any reason.

k. In any case requiring court approval of a settlement, a copy of the contingent fee agreement shall be brought to the pretrial conference with the Court.

(4) Forms.

Form C - Proposed Modified Case Management Order Template

Form D - Proposed Order For Status Conference Template

FORM "C"

COURT OF COMMON PLEAS OF MONROE COUNTY

FORTY-THIRD JUDICIAL DISTRICT

COMMONWEALTH OF PENNSYLVANIA

	:	No. CV 20 __
Plaintiff	:
	:
	:
vs.	:
	:
,	:
	:
Defendant	:

CASE MANAGEMENT ORDER

AND NOW , this day of , 20__, upon consideration of the Motion to Extend Case Management Deadlines, IT IS ORDERED as follows:

1. This case is stricken from the __________________, 20__ Civil Trial List.

2. Trial is scheduled for this Court's two week trial term commencing on _________________________, 20__, at 8:30am in Courtroom No. 1. Pre-trial memoranda shall be filed with the Prothonotary before the trial date in accordance with Pa.R.C.P. 212.1. Counsel are attached.

3. Discovery shall be completed by ___________________, 20__, including the filing of all motions to compel the production of discovery.

4. Plaintiff's expert reports shall be completed and served upon Defendant by ___________________, 20__.

5. Defendant's expert reports shall be completed and served upon Plaintiff by ___________________, 20__.

6. All dispositive motions shall be filed by __________________, 20__.

BY THE COURT:

________________________

J.

cc: ________________ , Esquire

________________, Esquire

Prothonotary

Court Administration

FORM "D"

COURT OF COMMON PLEAS OF MONROE COUNTY FORTY-THIRD JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA

: No.	CV 20 __
Plaintiff	:
	:
vs.	:
	:
, :	:
	:
Defendant	:

ORDER

AND NOW , this day of , 20__, following consideration of the Plaintiff's/Defendant's Motion to Modify the Case Management Schedule, IT IS ORDERED that a status conference shall be held on the ____ day of _______________, 20__ at ____ o'clock _.m., in Courtroom No. ____, Monroe County Courthouse, Stroudsburg, Pennsylvania to consider the request to modify the case management order.

BY THE COURT:

_________________________

J.

cc: ________________ , Esquire

________________, Esquire

Prothonotary

Court Administrator

Monr. Cnty. Pa. 212.1

Amended effective 5/30/2022.