Practice and Procedure in
Montgomery County Court of Common Pleas
5
How Can I Get a Case Scheduled for Trial in Montgomery County?
There are four ways to schedule a
case for trial. The typical way is to
file a trial praecipe. Traditionally,
you needed all attorneys to sign the
trial praecipe. If all attorneys are in
agreement then just one attorney
needs to sign – a time saver!
The second way is to have the court
order the case be placed in the
trial pool. This happens after a 212
conference if your opposing counsel
refuses to permit you to file a trial
praecipe. First, you should contact
opposing counsel and ask them to
consent to filing the trial praecipe. In order to file a trial praecipe all discovery must
be complete. That is typically the reason why counsel reach an impasse as there is
usually one side who wants to continue with discovery. You then write to the computer
assigned pre¬trial judge requesting a 212 conference. At the conference the judge
will typically set a date when discovery is to be concluded as well as when the case
will be placed in the trial pool.
The third way is to request a discovery management conference. Pursuant to local rule
4019, such conferences can be held before a discovery master.
Now with cases filed after January 1, 2016, there is a fourth way. A civil case master
can order the case into the trial pool.
Ask for a Discovery Management Conference
A little known gem in Montgomery County is the discovery management conference.
Rule 4019(5) permits a party to request a discovery management conference before
a discovery master in civil cases in which the damages exceed the jurisdictional
limit for compulsory arbitration. A request is submitted to the assigned judge who
then recommends whether to schedule a discovery management conference before a
discovery master.
If a discovery management conference is scheduled, then the parties meet with the
discovery master to establish deadlines for the completion of discovery and exchange
of expert reports. If an agreement is reached then a proposed order is submitted to the
court based upon the agreement of the parties. If an agreement is not reached, the
discovery master recommends deadlines to the assigned judge. Whether by agreement
or recommendation of the discovery master, the court enters a discovery management
conference order.
Before making such request there are few things you should know. First, the rule only
applies to cases in excess of $50,000. Second, very few attorneys request discovery
management conferences. Therefore, judges rarely, if ever, deny a request. Finally,
discovery management conferences move the case along.
• Table of Contents
• Introduction
• What Every Attorney
Needs To Know About
Practicing in Montgomery
County Court of Common
Pleas
• Montgomery County – It’s
Not the Federal Court
System
• Are Briefs Required?
• The Montgomery County
Discovery Master
Program – One of a Kind
in the Commonwealth of
Pennsylvania
• How Can I Get a Case
Scheduled for Trial in
Montgomery County?
• Ask for a Discovery
Management Conference
• What Happens at the Pre-
Trial Conference?
• Have a Plan in Place
When You File an Active
Status Certificate in
Montgomery County, PA
• Center for Mediation and
Arbitration