An Overview of Allegheny County Local Rules
At the most basic level, a Local Rule is a regulation by the Court of Common Pleas that governs the procedure in the County in which the Local Rule is enacted. Local Rules do not create substantive law, but rather act as direction for how a substantive law is practiced within that specific jurisdiction. Every county in Pennsylvania has its own set of Local Rules.
The Local Rules of Allegheny County are adopted for the purpose of "secur[ing] the just, speedy[,] and inexpensive determination of every action or proceeding." See: Pa.R.C.P. 239(b).
Since the Local Rules of Allegheny County are adopted to facilitate just, speedy and inexpensive determinations of cases, it is important for litigants to know that following them is imperative. This is because the Local Rules of Allegheny County are both Title 1 and Title 2 rules . Title 1 rules are the "general procedural rules" and the "Administrative Rules." Title 2 rules govern all civil actions, including, but not limited to the "standard of care for claims arising out of professional occupancy of property, RICO, mortgage foreclosure and construction."
The Local Rules of Allegheny County impact almost any type of case that can be filed in that jurisdiction in one way or another, from Family Law to Business Disputes to Motor Vehicle Accident cases. For example, one must know whether mediation is appropriate for a particular case, mediation being a requirement in some cases and not others. Since the Local Rules of Allegheny County are amended from time to time, it is also important to know on an ongoing basis what the current Local Rules are.
The Basics of the Allegheny County Local Rules
The Allegheny County Local Rules are available online on the Unified Judicial System of Pennsylvania’s Web Portal. Anyone can access the rules from the comfort of their home, office, or wherever else they might be connected to the Internet. The direct link to the Allegheny County Local Rules can be found here.
If you prefer to put pen to paper to learn the Allegheny County Local Rules, they are available for review at the Allegheny County Department of Court Records Law Library in Pittsburgh. Otherwise, a printed copy can usually purchased at the Allegheny County Law Library Center Historic Court Building in Downtown Pittsburgh. However, walking into the courthouse hoping to be handed a copy of the local rules will not suffice. If you request a copy at the front desk, you will be told to request a copy using the request forms provided in the office. No more instant gratification – such is the plight of getting a government operation to do something quickly.
If you are really old fashioned, or worried about hacking and the internet, simply contacting your attorney will get you a printed version of the Allegheny County Local Rules. Attorneys must keep a copy of all local rules in their office for all of the counties in which they are licensed and appear regularly.
Accessing the Allegheny County Local Rules
The local rules of Allegheny County cover an array of practices and procedure. They are organized according to important areas of the law, so that individuals, attorneys, and Judges can quickly access the appropriate information related to their specific issue. The following summarizes the primary areas covered by these rules.
The local rules of the Civil Division set forth general rules and procedures governing actions brought in the Court of Common Pleas. Rule 130 pertains to commencement of civil actions, such as the filing of complaints, counterclaims, and cross-claims. Other sections provide for the service of process, including the pre-issuance of a writ of summons in certain actions, such as in landlord tenant proceedings, and also the contents of the summons, which must amount to a specific request being made. A stipulation is required for any case to be tried without a jury, and the plaintiff must be present a jury demand within ten days to avoid a non-jury trial.
The local rules relating to criminal procedure apply to all criminal proceedings in the Allegheny County Court of Common Pleas, including misdemeanors, felonies, and summary offenses. Rules 1000-1300 require a written standard for both prosecutors and defense attorneys, as well as the regulations for presenting evidence at trial. There are also specific considerations for plea colloquies and jury selection, among others.
Family law practice in Allegheny County is addressed from Rule 1300 through Rule 1915.9. The local rules are organized into subsections for support proceedings, marriage and family division, adoption proceedings, divorce, alimony, custody, visitation, and protection from abuse. Each section has specific rules with administrative requirements for both petitioners and defendants.
What Topics Do the Local Rules Cover?
Allegheny County Local Rules are living documents that are regularly updated to reflect changes in law, address evolving legal standards, and adapt to the needs of the judiciary and the practicing bar. Proposed amendments to the Allegheny County Local Rules can take a variety of forms, including: (1) a new local rule to supplement existing rules; (2) an expansion of an existing rule to add more specific requirements or re-statement of the rule in clearer language; and/or (3) the elimination of a local rule that is outdated, or no longer needed due to the adoption of a statewide rule by the PACS Supreme Court.
Each year, Allegheny County publishes proposed changes to its local rules. After being published, the proposed changes are subject to public comment for a period of thirty days. Individuals may submit comments when they believe that the local rules should be amended or revised. All comments are evaluated by the Board of Judges of Allegheny County (the "Board"). The Board then has the ability to adopt or reject any of the proposed revisions.
The most recent updates were approved in December 2018. The most significant change was to Allegheny County Local Rule 212.3. Common Pleas Court underwent a significant transition to electronic filing. Allegheny County Local Rule 212.3 which addresses electronic service, previously required the service to be completed "by certified mail", but both the Allegheny County Bar Association and the Board determined that certified mail should be replaced with electronic filing. There have been other minor changes to local rules that are similar to rules that are already adopted in statewide rules. These changes are not as impactful as the local rule changes discussed above.
The new local rules become effective in January 2019, and can be found on the Common Pleas Court’s website.
Recent Changes to the Local Rules
A best practice to help ensure compliance with the Allegheny County local rules is to (1) carefully read the local rules and understand them and (2) consult them regularly. The best, strongest argument a lawyer or person can make as to why the local rules do not apply is ignorance of the rules or a misunderstanding of their proper application. Thereafter, if I ask, I can offer evidence that I have made a conscious effort to fully comply with all of the local rules as well , in that I have educated myself as to the content of the requirements of the local rules by previously reading them and the like.
There are a few simple guidelines to incorporate into your practice to assist in ensuring compliance: As lawyers handling cases in Allegheny County become increasingly familiar with the local rules, compliance with them will become second nature. Until then, due diligence ensuring one’s knowledge of and compliance with the local rules is mandatory to avoid any possible sanctions against yourself or your client.
Tips and Best Practices for Legal Professionals
Local rules are the law of the court within a jurisdiction, and, as such, generally have to be followed no matter how outlandish they may seem. For example, a local rule for Allegheny County (the county encompassing the city of Pittsburgh) requires all hearings and non-jury trials to take place in the afternoon, thus precluding attorneys from trying to squeeze in additional matters during the course of the day. Conversely, some local rules may vary from their Pennsylvania Rules of Civil Procedure counterparts. Take the designation of expert witnesses. Under Pa.R.C.P. 4003.5(e), an expert report must generally be provided within 60 days of the defendant filing a Notice of Intent to Rely on Expert Testimony (i.e. in medical malpractice matters). In Allegheny County, however, Local Rule 212.2(A) allows for 90 days to provide that same report. Although Rule 4003.5(e) is the general rule in the state, Local Rule 212.2(A) is specific to Allegheny County. So, although the state rule technically prevails in the absence of an Allegheny County local rule, those practicing within Allegheny County should at least be aware of this rule. Local rules tend to pop up in more drastic situations; for instance, Local Rule 212.1(A) requires the personal appearance of counsel at case management conferences. Thus, although a lawyer may have a day full of appearances, or may be in the midst of a trial, he/she is still required to appear before the court at a case management conference. Rule 212.1(B) further specifies that the presence of a party is required at a conference for any breach of this rule. While local rules undoubtedly have an impact on litigation, it is generally not difficult for those practicing in a given jurisdiction to become familiar with them. This fact aside, however, coupled with the ease of access via the internet, a failure to abide by local rules leaves open the possibility of sanctions, and should therefore not be overlooked.
Implications for Cases and Legal Practice
In seeking out the opinions from those who have had firsthand experience working with and applying these local rules, one comes across a variety of unique perspectives. Judge Costanzo, often referred to as a settlement judge, stated "The Allegheny County Local Rules for civil cases are an extension of the federal rules, which have proved to be adequate for many years. The power, zeal, rigor, and thought that we see in our local rules assures that they will be adhered to by the practicing Bar." Another unique perspective comes from Robert M. Epstein, a Senior Partner at Epstein & O’Donnell. When asked how he feels the local rules are doing he stated , "I believe that the local rules are doing quite well. We have good judges and our judges do not hesitate to issue sanctions or otherwise discipline counsel that don’t live up to the rules in place." Seen as an invasive measure, sanctions and discipline are seldom discussed. However, Robert M. Epstein is not the only attorney that believes the standards in place regarding the sanctioning of counsel are adequate. In the words of Denver Stock, a fellow partner at the same firm, "I think that the current local rules are effective because the penalties are significant, and counsel who violate those rules are (and should be) subject to various sanctions."