Montgo. Cnty. Pa. 1901*

As amended through January 1, 2019
Rule 1901* - Termination of Inactive Cases
(a) This Local Rule shall not apply to criminal, juvenile, orphans' court or zoning cases. This Local Rule shall be applicable to all remaining civil and family cases regardless of the nature or extent of the relief sought.
(b) The Court may initiate proceedings to terminate a case in which there has been no activity of record for two years or more by serving a notice of proposed dismissal of court case.
(c) The Court shall serve the notice on counsel of record, and on the parties if not represented, sixty days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. The notice shall be served by mail pursuant to Rule 440 or by electronic transmission pursuant to 205.4(g). If the mailed notice is returned, the notice shall be served by advertising it in the Montgomery Law Reporter.
(d) The notice required by subdivision (c) shall be in substantially the following form:

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(e) The Statement of Intention to Proceed shall be in the following form:

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(f) If no statement of intention to proceed has been filed in the required time period, the Prolhonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute.
(g) If an action has been terminated pursuant to this rule, an aggrieved party may petition the court to reinstate the action. All matters so terminated may not be reinstated except with leave of Court, for cause shown.
(h) Following the filing of a statement of intention to proceed in civil cases only, the Court may schedule a Discovery Management Conference in the subject case as set forth in Montgomery County Local Rule of Civil Procedure 4019 *(5).

Montgo. Cnty. Pa. 1901*

Comment: the forms referenced in this rule are available online at www.montcopa.org/prothonotary.