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