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HomeMy WebLinkAbout39-1901.1. Termination of Inactive Cases for the Minor Judiciary Magisterial District Courts1901.1. Termination of Inactive Cases for the Minor Judiciary, Magisterial District Courts. Termination of Inactive Cases—MDJs (a) At least once a year, the district court may initiate proceedings to terminate cases in which there has been no activity of record for three years or more and shall report such information to the President Judge. (b)(1) For each case identified pursuant to subdivision (a), the district court shall serve a notice of proposed termination on counsel of record for the plaintiff, on the prosecuting agency, and on the plaintiff if not represented, forty five days prior to the date of the proposed termination. The notice shall contain the docket number of the case proposed for termination, the name of the defendant, the procedure to avoid termination, and a statement that if a response is not received within 45 days that the case will be terminated for inactivity. (b)(2) The notice shall be served by first class mail on counsel of record, on the prosecuting agency, and on the plaintiff, if not represented, at the last address of record. Note: If the notice mailed to an attorney is returned by the postal service, the district court should check the website of the Disciplinary Board of the Supreme Court of Pennsylvania, www.padisciplinaryboard.org, for a current address. (c) If no statement of intention to proceed has been received by the district court on or before the date of the proposed termination or if a statement of intention to proceed is received by the district court before the date of the proposed termination but no further action is taken on the case within 45 days, the district court shall submit an order to the President Judge as of course terminating the matter for failure to prosecute. A court officer may certify to the President Judge those matters which have been inactive and in which no statement of intention to proceed has been received. (d) The statement of intention to proceed shall be in the following form: Case Caption Statement of Intention to Proceed To the Court: ______ intends to proceed with the above captioned matter. The most current mailing address Plaintiff/Prosecuting Agency has for the defendant is _______________________ . Date: _______________________ ___________________________ Plaintiff ___________________________ Plaintiff's Counsel ___________________________ Prosecuting Agency _____________________________________________________________________________________________ Adopted by Order of Court dated October 30, 2020 Published at 50 Pa. Bulletin 6354 (November 14, 2020)