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HomeMy WebLinkAbout39-1901.1 Termination of Inactive Case before MDJ 20241 39th Jud. Dist. R. Jud. Adm. 1901.1. Termination of Inactive Cases before the Magisterial District Courts. (a) Cases for Termination. At least once a year, the district court shall initiate proceedings to terminate cases in which there has been no activity of record for two years or more and shall report such information to the District Court Administrator or their designee. (b) Issuance and Content of Notice of Proposed Termination of Court Case. For each case identified pursuant to subdivision (a), the district court shall serve a Notice of Proposed Termination of Court Case on all counsel of record, and on the parties, if not represented, at least 30 days prior to the date of the proposed termination. The Notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination. The written Notice of Proposed Termination of Court Case shall be in the form following the conclusion of this Rule. (c) Service of Proposed Termination of Court Case. The Notice of Proposed Termination of Court Case shall be served on all counsel of record and on the parties, if not represented, consistent with Pa. R.C.P. 230.2(b)(2). (d) Orders for Termination. If no Statement of Intention to Proceed has been received by the district court on or before the date of the proposed termination, the magisterial district judge shall enter an order as of course terminating the matter for failure to prosecute. The order shall be in the form following the conclusion of this Rule. (e) Form of the Written Statement of Intention to Proceed. The written Statement of Intention to Proceed shall be in the form following the conclusion of this Rule. 2 (Caption) NOTICE OF PROPOSED TERMINATION OF COURT CASE The above captioned case is described as ___________________________. The Court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the Court from terminating the case by filing a written Statement of Intention to Proceed in the form prescribed by 39 th Jud. Dist. R. Jud. Adm. 1901.1(e). The Statement of Intention to Proceed should be filed with the Magisterial District Court Office, on or befo re __________________________ (Date of Proposed Termination). IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE. BY THE COURT: ______________ ______________________________ Date of this Notice Magisterial District Judge Address Distribution: Plaintiff’s Counsel/Party Defense/Opposing Counsel/Party 3 (Caption) ORDER AND NOW THIS _____ day of _____________, 20_____, upon review of the record, more than 30 days has passed since the service of the Notice of Proposed Termination of Court Case, and the Magisterial District Court received no Statement of Intention to Proceed. Accordingly, IT IS HEREBY ORDERED that the above captioned matter is TERMINATED for failure to prosecute pursuant to Pa. R.C.P. 230.2(c). Pursuant to Pa.R.Civ.P.M.D.J.207.1(C), the Magisterial District Court shall give written notice of the entry of this Order, including a copy of this Order, to each party, and shall note in the docket the giving of such notice and the time and manner thereof. BY THE COURT, ___________________________________ Magisterial District Judge Address Distribution: Plaintiff’s Counsel/Party Defense/Opposing Counsel/Party 4 (Caption) Statement of Intention to Proceed To the Court: Magisterial District Court Office Address ___________________________(print name of party) intends to proceed with the above captioned matter. Date:________________ ___________________________________ Party Signature or Attorney for_________________________________ Distribution: Opposing Counsel/Party __________________________________________________________________ Adopted by Order of Court, February 26, 2024 Published in the Pennsylvania Bulletin, 54 Pa.B. 1307, Pa.B. Doc. No. 24-331, March 16, 2024