l>231 Pa. Code dominance 230.2.Termination that Inactive Cases.
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Rule 230.2.Termination the Inactive Cases.(a)At least once a year, the court candlestick initiate proceedings to terminate instances in i m sorry there has been no activity of record for 2 years or more, and shall report such details to the Court Administrator that Pennsylvania ~ above a kind supplied through the bureaucratic Office of Pennsylvania courts or in such format as requested from time to time by the governmental Office of Pennsylvania Courts.Official NoteThis dominion provides an administrative an approach for the discontinuation of inactive cases.(b)(1)For each case identified pursuant come subdivision (a), the court shall offer a notification of proposed termination on counsel that record, and on the next if not represented, thirty days prior to the day of the proposed termination. The notification shall save on computer the day of the propose termination and also the procedure to prevent termination.(2)The notice shall be served electronically pursuant to dominance 205.4(g)(1), or pursuant to rule 440 ~ above counsel the record and also on the parties, if no represented, at the last deal with of record.Official NoteIf the notice mailed come an attorney is returned by the postal service, the prothonotary should inspect the website that the Disciplinary board of the can be fried Court of Pennsylvania, www.padisciplinaryboard.org, because that a present address.See subdivision (f) because that the kind of notice.(c)If no declare of intention to proceed has actually been filed on or prior to the date of the suggest termination, the prothonotary shall enter an order together of course terminating the issue for fail to prosecute. Main NoteThe prothonotary might not get in an order terminating the action until much more than thirty job after company of the notification of suggest termination.A court officer might certify to the prothonotary those matters which have been inactive and in i m sorry no declare of intention come proceed has actually been filed.(d)(1)If an activity has been terminated pursuant come this rule, an aggrieved party may petition the court come reinstate the action.(2)If the petition is filed in ~ sixty days after the entrance of the bespeak of termination on the docket, the court shall approve the petition and reinstate the action.Official NoteThe provision under subdivision (d)(2) because that filing a petition within sixty job is not intended to collection a typical for timeliness in proceedings exterior this rule.(3)If the petition is filed much more than sixty job after the entrance of the bespeak of discontinuation on the docket, the court shall approve the petition and also reinstate the activity upon a mirroring that(i)the petition to be timely filed complying with the entry of the stimulate for termination and(ii)there is a reasonable explanation or a legitimate excuse for the fail to record both(A)the statement of intention to proceed before the entrance of the stimulate of termination on the docket and,(B)the petition to reinstate the activity within sixty job after the entrance of the stimulate of termination on the docket.Official NoteThe provision under subdivision (d)(2) for filing a petition in ~ sixty job of the entry of the order of discontinuation on the docket is not a traditional of timeliness. Rather, the filing of the petition throughout that time period eliminates the have to make the mirroring otherwise forced by subdivision (d)(3).(e)Any case which is reinstated pursuant come subdivision (d) chandelier be subject to termination with prejudice top top a subsequent termination pursuant to subdivision (a). No succeeding reinstatements shall be granted.(f)The notice required by subdivision (b) shall it is in in the adhering to form:(Caption)NOTICE the PROPOSED termination OF COURT CASEThe court intends to terminate this instance without further notification because the docket reflects no activity in the instance for at least two years.You might stop the court from terminating the instance by submit a statement of intention to proceed. The explain of intention come proceed should be filed through the Prothonotary the the Court at Addresson or before . DateIF you FAIL TO record THE compelled STATEMENT of INTENTION to PROCEED, THE instance WILL be TERMINATED by THE PROTHONOTARY WITHOUT more NOTICE. By THE COURT: date of this NoticeOfficer(g)The explain of intentionally to proceed shall it is in in the following form:(Caption)Statement that Intention to ProceedTo the Court: intends to proceed with the over captioned matter.Date: Attorney because that (h)Upon receipt that a declare of intention to proceed, the court may schedule a condition conference and establish appropriate timelines to ensure a timely and also efficient disposition of the case.SourceThe provisions of this rule 230.2 embraced March 20, 2003, efficient July 1, 2003, 33 Pa.B. 1712; amended December 9, 2015, effective December 31, 2016, 45 Pa.B. 7283.


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