Tuesday, June 28, 2011

New Lackawanna County Local Rule 4000.2 - Case Management Proposals (Effective Date Not Until July 25, 2011)

The Lackawanna County Court of Common Pleas adopted new Local Rule 4000.2 on June 3, 2011 pursuant to an Order signed by President Judge Thomas J. Munley.  With the publication of the local rule in the PA Bulletin on June 25, 2011, Volume 41 Number 26, the rule will go into effect on Monday July 25, 2011.

Below is a copy of new Lackawanna County Local Rule 4000.2 with its related form:


With the exception of medical malpractice cases, and upon closure of the pleadings, the Plaintiff(s) shall complete and forward to all Parties a Case Management Proposal in substantial compliance with Form 8 in the attached appendix. The Case Management Proposal shall set forth proposed deadlines for the completion of discovery, exchange of expert reports, and the filing of dispositive motions.

If the Plaintiff(s) has not received any objections to the Case Management Proposal within fifteen (15) days of mailing, the Plaintiff(s) shall submit the Proposal to the Lackawanna County Discovery Master for approval. If a Party objects to the Proposal, and the Parties are otherwise unable to agree, and upon appropriate notice as outlined in Lacka. Co. R. Civ. P. 208.2(f), the Proposal shall be submitted to the Discovery Master for resolution.

If the Plaintiff(s) shall fail to complete and forward a Case Management Proposal within thirty (30) days of the closure of the pleadings, nothing in this Rule shall preclude an Opposing Party from submitting a Case Management Proposal in compliance with this Rule.

Explanatory Comment

“Closure of the Pleadings” shall mean when all of the Parties have filed a Responsive Pleading in the form of an Answer, and a Reply to New Matter, if any.

Nothing in this Rule shall preclude a Party from seeking an Amendment to the Case Management Schedule upon good cause shown. Nothing shall preclude the Trial Court to Amend the Case Management Schedule upon request of a Party and upon good cause shown.



                                                  IN THE COURT OF COMMON PLEAS
                                                  OF LACKAWANNA COUNTY



DEFENDANT                               ________ - CIV. - __________



Now comes, _____________________, for and on behalf of ________________, and hereby submits for approval the following case management deadlines, pursuant to Lacka. Co. R. Civ. P. :

A. All Discovery shall conclude on or before ____________________;

B. Plaintiff(s) shall exchange with the Defendant(s) all Expert Reports on or before ____________________;

C. Defendant(s) shall exchange with Plaintiff(s) all Expert Reports on or before ____________________;

D. Plaintiff(s) shall exchange with the Defendant(s) all Rebuttal Reports on or before ____________________;

E. Dispositive Motions shall be filed on or before ____________________.


I hereby certify that the aforementioned Proposal has been forwarded to all Parties on _____________________, at least fifteen (15) days have elapsed, and no Party has objected to the Case Management Proposal.

                    (MOVING PARTY)


AND NOW, this ________ day of _______________, 20____, it is hereby ORDERED and DECREED that the aforementioned Proposal is hereby ADOPTED as an Order of Court.

                      JUDGE/DISCOVERY MASTER

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