Court of Common Pleas of Lackawanna County, Pennsylvania Pre-Motion Conference Requirements

CRITICAL

Before filing a Praecipe for Assignment, the moving or petitioning party must contact counsel for all other parties of record to ask whether an opposing party or lawyer wishes to present oral argument.

Prior to filing a Praecipe of Assignment, the moving or petitioning party shall contact counsel for all other parties of record to determine whether an opposing party or lawyer wishes to present oral argument.

CRITICAL

A plaintiff seeking peremptory judgment in mandamus must proceed by motion and comply with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless urgency requires action before notice can reasonably be given.

A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless the urgency of the case is such as to require action before notice can reasonably be given.

WARNING

The Court Administrator assigns motions and petitions to judges on a rotating basis and establishes the parties’ briefing schedule.

The Court Administrator shall assign motions and petitions to the judges of the court on a rotating basis and shall establish a briefing schedule for the parties.

WARNINGCriminal cases

Where practicable, the moving party must try to resolve matters with opposing counsel before initiating the omnibus-motion procedure.

(Comment: Certain matters which may be presented by way of an omnibus motion are often subject to amicable resolution. Where practicable, the moving party must attempt to resolve such matters with opposing counsel before instituting the procedure above.)

WARNING

An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka. Co. R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka. Co. R.C.P. 4012 during the deposition.

An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka. Co. R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka. Co. R.C.P. 4012 during the deposition.

WARNING

After a complaint is filed, the parties may request a preliminary pretrial settlement conference by written request if they agree the case may settle and intend to avoid ordinary pretrial procedures; a judge may also direct a conference or order participation.

After a complaint alone has been filed or after a complaint and answer have been filed all parties may request a preliminary pre-trial settlement conference if it is the consensus of the parties that the case may be settled as a result of such a conference, and it is the intention of the parties to avoid ordinary pretrial procedures leading to the filing of a certificate of readiness. The parties may request such a settlement conference by submitting a written request to the Court Administrator who shall assign it to the Settlement Master for a settlement conference. In addition, any judge may direct the Court Administrator to assign a particular case to the Settlement Master for a pre-trial settlement conference, or may issue an order directing the parties in a case to participate in a pre-trial settlement conference before the Settlement Master.