An Introduction to the Cumberland County Local Rules
Like many other counties in Pennsylvania, Cumberland County Court has its own local rules. These rules complement the statewide rules, but are specific to Cumberland County.
Local rules are important because they allow the court (and the attorneys who practice in the court) to apply and interpret the statewide rules in a context that is particular to the local area. The needs, customs, and practices of Cumberland County residents are different than those of residents in other counties in Pennsylvania, so the ability to create local rules allows the Cumberland County Court to undertake specific steps to address issues of local concern.
For residents, this means that rules of court, including such items as filing deadlines and rules regarding scheduling motions and custody hearings, might be different in Cumberland County than in another county in Pennsylvania. This is true even though statewide rules apply in all 67 counties in Pennsylvania, and even though Cumberland, Adams, and York all comprise the same judicial district .
Knowing the local rules is especially important for legal practitioners. Local rules help a court and its practitioners stay organized, and ensure that cases proceed in an orderly and timely manner. Local rules governing practice also help to provide predictability and stability to legal matters by preventing lawyers and litigants from withdrawing agreements and re-casting arguments midlitigation. For lawyers in particular – who might argue dozens of motions in a particular week – familiarizing themselves with the Cumberland County local rules is vital for their practice.
Keep in mind, too, that local rules can be amended. At any time, the Cumberland County Court may change its local rules. Pennsylvania Rule of Judicial Administration 103 mandates the procedures for the amendment of local rules; most importantly, the change must be given public notice, thereby ensuring that the public can comment on the proposed change.
The Major Topics Covered by Local Rules
The breadth of local rules extends beyond administrative procedures of the courts. We also find these rules governing issues of zoning, parking tickets, and improper gambling. One area where local rules are often litigious is familial matters. Elizabethtown, Higher Paxton, and Pounds towns all have their own distinct rules regarding custody and visitation. These rules can affect the outcome of a case. In Higher Paxton Township, visitation is left to the discretion of the parents but remains under the "guidelines for visitation set forth in Supreme Court Rule N087." Alternatively, Elizabethtown provides a two week period for visitation commencing at 6:00 p.m. on Father’s Day for the father, and commencing at 6:00 p.m. on Mother’s Day for the mother. The difference in these rules can affect the time of visitation during the holiday. Of course, if the Holiday is Thanksgiving or Christmas, the Court’s rules prevail over those of the township. Consequently, if the Thanksgiving holiday falls on a Friday, the local rules may grant one parent the benefit of an extended weekend while the other parent will only see the children for a few hours.
Another area in which local rules are vital is regarding public conduct. Unlike the Supreme Court or state rules of criminal procedure, some local rules prohibit pedestrians from walking on certain streets or highways. Elizabethtown prohibits pedestrians from walking along PA Route 230 excluding the area between 3rd and 5th Streets within the borough limits. Palmyra prohibits pedestrians from walking along any part of Route 422A in the borough. The criminal rule was created to protect pedestrians from the highway but may create more harm than the safety it creates. For example, people living on PA Route 230 in Elizabethtown may have difficulty checking the mail since the postal service is not permitted to deliver mail on this stretch of road.
The objective of these local rules is to reduce the number of disputes that occur due to a specific circumstance within a particular municipality. As these rules can result in different outcomes based on the circumstances, they are of great importance.
Amended or Updated Local Rules
The Cumberland County Local Rules are updated and amended when the necessity arises, giving consideration to how existing rules are functioning. It is important to the Cumberland County judiciary that the rules in effect are in harmony with the law and judicial decisions related to those laws, as well as being consistent with rules in other counties and courts. In addition, rules are updated to reflect technological changes in the way the court performs its work. A majority of the changes made by the Cumberland County Local Rules Committee occur on even-numbered years, but the committee meets as necessary when it appears from motions for rule amendments or recommended rule changes that some revisions might be warranted. The Rules Committee consists of the judges of the Court of Common Pleas sitting at the Cumberland County Courthouse in Carlisle. The Rules Committee follows the guidelines set forth in Pennsylvania Rule of Judicial Administration 123 (Pa.R.J.A. 123) in considering proposed rule changes. When the Local Rules Committee agrees that changes to the rules may be warranted, the committee votes on whether to send a recommendation for the change to the full bench of the Court of Common Pleas. The full court then votes on whether to approve the change. If the change is recommended to the court for approval, a notice of proposed amendments is sent for publication to the legal journals normally used for that purpose. The proposed changes are also posted on the Cumberland County website, www.ccpa.net. The published notice advises interested persons that they may file written comments on the proposed changes within 30 days of the date of publication of the notice in the legal journal, and that the court will hold a hearing on the matter if any interested party so requests. Once the 30-day period has expired, the court will meet to consider the proposed rule changes. If the rule changes are adopted, an order reflecting the changes will be filed with the Prothonotary for publication in the legal journals. The new rules will become effective 30 days following the publication of the order as long as no objections to the rule changes have been voiced. Proposed rule changes that are not adopted will not be republished.
Availability and Interpretation of the Local Rules
In 2016, the Cumberland County Court of Common Pleas adopted a new set of Local Rules that were promptly incorporated into the official Pennsylvania Rules of Civil Procedure. The new rules are referred to as the Cumberland County Rules (C.C.R.C.P.) and can be found in Chapter 205B of Title 246 of the Pennsylvania Rules of Civil Procedure.
Although these new rules will not be found in the C.P.L.R. and the C.J.O.R., they are nevertheless the official rules of the Court of Common Pleas in Cumberland County. They simply do not affect the Paperback Local Rules. The Electronic Local Rules (E.L.R) adopted by the Court also remain unaffected, as they are currently under revision.
Specifically, the Electronic Local Rules currently do not incorporate the new C.C.R.C.P. Additionally, the rules of civil procedure and the appendix of forms are yet to be incorporated into the Electronic Local Rules. The current version of the Electronic Local Rules can be found here. The ELR Committee will presumably revise the Electronic Local Rules in short order to incorporate the new C.C.R.C.P. and the appendix.
The best resource for accessing the C.C.R.C.P. and the Appendix is on the Unified Judicial System (UJS) website here. First, it links the new rules to their respective sections in Chapter 205B of Title 246 of the Pennsylvania Rules of Civil Procedure. If the link does not work for your browser, simply copy the URL and paste it in the address bar. In any case, it is the best starting point for finding the C.C.R.C.P. and the C.C.R.F.
The Cumberland County Prothonotary and Clerk of Courts also have webpages that contain the C.C.R.C.P. Specifically, the Cumberland County Prothonotary webpage can be found here and the Cumberland County Clerk of Courts webpage can be found here. However, their webpages contain the new C.C.R.C.P in unlinked format with faster loading times. Unfortunately, the Prothonotary and Clerk of Courts have yet to display the appendix of forms and the current version can be found by clicking here.
Consequences for Not Complying with Local Rules
Should you choose to disregard these rules set forth by Cumberland County, the court can impact your case in a number of ways. If you fail to file a certificate of compliance with the local rules and submit a written order with a proposed form, the court may deny your motion or application. You risk waiver and/or estoppel of any particular claim, defense , or issue for which you have not filed a trial brief or motion and/or completed a case information form and copy of the complaint upon which your action is based. If you fail to produce the proper certifications or other supporting documentation and your quality control certification is frivolous or lacks substantial justification, the court may impose sanctions against you and/or your attorney. The consequences of any violation of the local rules can ultimately be determined at a hearing before a judge or by written order of the court.
Major Bodies Responsible for Local Rules
Several governmental and municipal bodies are involved in the creation and implementation of the local rules. These include the Board of Chosen Freeholders of Cumberland County, which is the legislative body of the county. The board consists of freeholders (also known as council members) who serve staggered three-year terms and are elected in partisan elections. They may be reelected indefinitely. Local rules adopted by ordinance by the freeholders apply to the entire county.
The county and municipal courts also have local rules. The county court in each county maintains a chairperson and an advisory committee to review and amend the county court’s rules annually. The chairperson of each municipal court is responsible for maintaining and reviewing the local rules of that court. The municipal courts’ rules are also subject to periodic review by the Administrative Office of the Courts.
In addition to these local rules, the Civil Practice Division of the Administrative Office of the Courts is currently reviewing the Rules Governing the Courts of the State of New Jersey to determine their effect on the administration of justice in the State’s Trial Courts.
The End and What Lies Ahead for Local Rule-Making
The Cumberland County Local Rules have undergone some significant changes in the last two years. But this is not a situation where you can kick back and relax. The most likely area for change is the complex discovery disputes, which may be addressed in an amended Local Rule. Additionally, down the line, there is likely to be more and more case law deciding issues that may influence what the court will do in a particular case or with regard to a particular issue.
One example is with regard to non-party subpoenas. A question has arisen about whether the court can enforce a Pennsylvania Rule of Civil Procedure with regard to non-party subpoenas. In answering the question , the court gave an excellent summary of the relationship between the rules of civil procedure and the local rules. The court also had some very helpful comments about the presumptive scope of discovery under the current Local Rule 4005.1.
We will continue to provide updates on the Cumberland County Local Rules in future posts.