Can you please explain to me what it means when a case is not subject to a Coordination Order?
Full Question:
Can you please explain to me what it means when a case is not subject to a Coordination Order?
01/31/2007 |
Category: Civil Actions |
State: Pennsylvania |
#1232
Answer:
Rule 213.1. (Penn. Code) Coordination of Actions in Different Counties.
(a) In actions pending in different counties which involve a common
question of law or fact or which arise from the same transaction or
occurrence, any party, with notice to all other parties, may file a motion
requesting the court in which a complaint was first filed to order coordination
of the actions. Any party may file an answer to the motion and the court
may hold a hearing.
(b) The court in which the complaint was first filed may stay the
proceedings in any action which is the subject of the motion.
(c) In determining whether to order coordination and which location is
appropriate for the coordinated proceedings, the court shall consider, among
other matters:(1) whether the common question of fact or law is predominating and
significant to the litigation;
(2) the convenience of the parties, witnesses and counsel;
(3) whether coordination will result in unreasonable delay or expense to a
party or otherwise prejudice a party in an action which would be subject to
coordination;
(4) the efficient utilization of judicial facilities and personnel and the just
and efficient conduct of the actions;
(5) the disadvantages of duplicative and inconsistent rulings, orders or
judgments;
(6) the likelihood of settlement of the actions without further litigation
should coordination be denied.
(d) If the court orders that actions shall be coordinated, it may(1) stay any or all of the proceedings in any action subject to the order,
or
(2) transfer any or all further proceedings in the actions to the court or
courts in which any of the action is pending, or
(3) make any other appropriate order.
(e) In the order of coordination, the court shall include the manner of giving
notice of the order to all parties in all actions subject thereto and direct that
specified parties pay the costs, if any, of coordination. The court shall also
order that a certified copy of the order of coordination be sent to the courts
in which the actions subject to the order are pending, whereupon whose
courts shall take such action as may be appropriate to carry out the
coordination order.
(f) The final order disposing of a coordinated action or proceeding shall be
certified and sent to the court in which the action was originally commenced
to be filed of record.
