Form 01 105 PDF Details

The 01 105 form serves as a critical document within the First Judicial District of Pennsylvania, specifically in the Court of Common Pleas of Philadelphia County, Trial Division – Civil. It is designed to streamline the Case Management Conference process by ensuring that all parties are adequately prepared to discuss and negotiate the complexities of their case. The form is divided into two parts, each catering to different types of cases, namely personal injury and other civil matters. For personal injury cases, it covers a range of information including the date of the accident, the nature and extent of injuries sustained, medical treatments, and any claims of permanent injury, alongside financial aspects such as medical bills, lost wages, and future lost earning capacity. For other civil cases, it addresses the contractual or transactional basis of the claim, the relevance of the Uniform Commercial Code, and detailed positions of both plaintiff and defendant regarding the cause of action. Moreover, the form obligates the participating counsel to procure and provide necessary information regarding insurance coverage, demands, and offers, aiming for a constructive dialogue during the conference. It emphasizes the significance of preparation, cooperation, and adherence to deadlines and procedural rules, underlining the form's role in facilitating efficient case management and encouraging settlement discussions before trial.

QuestionAnswer
Form NameForm 01 105
Form Length5 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 15 sec
Other namesphiladelphia case management memorandum, Pennsylvania, pendency, joinder

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F

First Judicial District of Pennsylvania

Court of Common Pleas of Philadelphia County

Trial Division – Civil

CASE MANAGEMENT CONFERENCE

_____________________________________________________________

ADVICE TO COUNSEL

1.Be sure to fully complete the Case Management Conference Memorandum prior to the Case Management Conference. Consult clients well in advance of the conference to obtain pertinent information to prepare the memorandum. When supplying information on injuries or damages, it is insufficient for plaintiff to state “unknown,” “to be supplied,” or “under investigation.” In stating factual positions as to liability, it is insufficient to use non-descriptive terms, such as “liability certain,” “100% liability,” or “clear liability.”

2.Bring enough copies of the Case Management Conference Memorandum to supply to all parties at the time of the Conference, as copies may not be made at the Center. Bring an extra copy or two, if possible.

3.Be fully prepared to discuss issues relating to service of process, venue, pleadings, discovery, joinder of additional parties, theories of liability, damages, and applicable defenses. Parties are encouraged to discuss these issues amongst themselves prior to the conference when possible.

Participation from fully prepared and cooperative parties leads to a more productive and meaningful conference.

4.Conduct discovery as soon as practicable, even while awaiting disposition of preliminary objections. The presumptive case management discovery deadlines are calculated from the filing date of an action, not from the date of the Case Management Conference. The pendency of Preliminary Objections does not stay discovery. If a formal stay is necessary, the parties should petition the Court accordingly.

5.Consider voluntarily transferring your case to the Compulsory Arbitration Program where appropriate. The Case Managers can generate a PRAECIPE to Transfer and schedule a hearing date for you. All cases having an amount in controversy, exclusive of interest and costs, of $50,000 and less (except cases involving title to real estate) shall be assigned to the Compulsory Arbitration Program. (See Philadelphia County Rules, Rule *1301) The Judicial Team Leaders may sua sponte remand matters to the Compulsory Arbitration Program accordingly.

6.Be mindful that the Case Management Conference is a Court proceeding. The Case Managers are empowered by the Judicial Team Leaders to issue appropriate Orders to enforce compliance with program procedures and applicable Rules of Civil Procedure. Any Rule to Show Cause entered will be returnable before the Judicial Team Leader. (See Philadelphia County Rules, General Court Regulation No. 95-2)

7.After you leave the Case Management Conference Center, carefully review the entire Case Management Order. Be sure to promptly note all deadlines on your calendaring or tickler system. You will receive notice from the Court of actual Settlement Conference and Pre-trial Conference dates and related instructions in due course.

8.Motions for Extraordinary Relief seeking extension of deadlines must be filed before the expiration of the deadlines at issue.

9.Please direct questions regarding Case Management, including scheduling or rescheduling of Case Management Conferences to the Case Management Conference Center at (215) 686-3710 or through facsimile at (215) 686-3709.

Prepared by:

Stanley Thompson, Esq.

Director

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

CIVIL TRIAL DIVISION

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CASE MANAGEMENT CONFERENCE MEMORANDUM

Filing party:

 

 

By:

 

, Esq.

Counsel’s address and telephone number (IMPORTANT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART A

(to be completed in personal injury cases)

1 . Date of accident or occurrence:

1(a). Age of Plaintiff(s):

2 . Most serious injuries sustained:

3 . Is there any permanent injury claimed?

Yes

No

 

If yes, indicate the type of permanent injury:

 

 

 

 

 

 

 

 

 

 

4 . Dates of medical treatment:

5 . Is medical treatment continuing?

6 . Has there been an inpatient hospitalization?

Yes Yes

No No

This form shall be presented to the Case Manager and copies served upon all parties at the Case Management Conference by counsel prepared to discuss its contents.

01-105 (REV . 10/99) (1)

7 .

Has there been any surgery?

Yes

No

 

 

 

 

 

If yes, indicate the type of surgery:

 

 

 

 

 

 

 

 

 

 

 

8 .

Approximate medical bills to date: $

 

 

 

 

 

 

 

 

 

 

 

Approximate medical bills recoverable in this case: $

 

 

 

 

 

 

9 .

Are there any existing liens (Workers Compensation, DPW, Medical, etc.)?

Yes

No

 

If yes, what type and approximate amount?

 

 

 

 

 

 

 

 

 

10.

Time lost from work:

 

 

 

 

 

 

 

 

 

 

11.

Approximate past lost wages:

 

 

 

 

 

 

 

 

 

12.

Is there a claim for future lost earning capacity?

Yes

No

 

 

 

 

 

If yes, approximate future lost earning capacity:

 

 

 

 

 

 

 

 

13.

Are there any related cases or claims pending?

Yes

No

 

 

 

 

 

If so, list caption(s) or other appropriate identifier:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14. Do you anticipate joining additional parties?

15. Plaintiff’s factual position as to liability:

Yes

No

16. Defense factual position as to liability:

17. Defense position as to causation of injuries alleged:

18. Identify all applicable insurance coverage:

Defendant

 

Insurance Carrier

 

Coverage Limits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Are there issues as to the applicability of the above insurance coverage:

19. Demand: $

 

Offer: $

Yes

No

01-105 (REV . 10/99) (2)

PART B

(to be completed in all cases other than personal injury)

1 . Date of contract of transaction:

 

 

 

2 .

Is there a writing?

Yes

No

 

If yes, is there an allegation that the writing does

 

 

 

not contain the entire agreement of the parties?

Yes

No

3 .

Is the Uniform Commercial Code applicable to this case?

Yes

No

4 . Describe the nature of the conduct alleged as giving rise to the cause of action:

5 . State the amount of damages claimed by Plaintiff:

(a)Direct

(b)Consequential

(c)Other (specify)

6.Defense position as to alleged nature of conduct giving rise to cause of action and any counterclaim:

7 . If there is a counterclaim, state the amount of damages sought:

(a)Direct

(b)Consequential

(c)Other (specify)

8 . Identify all applicable insurance coverage:

Defendant

 

Insurance Carrier

 

Coverage Limits

 

 

 

 

 

 

 

 

 

 

9 . Demand: $

 

Offer: $

01-105 (REV . 10/99) (3)

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Stage no. 1 of filling in case management conference memorandum

2. Once your current task is complete, take the next step – fill out all of these fields - Is there any permanent injury, Yes, If yes indicate the type of, Dates of medical treatment, Is medical treatment continuing, Has there been an inpatient, Yes, Yes, This form shall be presented to, and Rev with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

Is there any permanent injury, Yes, and Dates of medical treatment in case management conference memorandum

3. This next section focuses on Has there been any surgery, Yes, If yes indicate the type of surgery, Approximate medical bills to date, Approximate medical bills, Are there any existing liens, Yes, If yes what type and approximate, Time lost from work, Approximate past lost wages, Is there a claim for future lost, Yes, If yes approximate future lost, Are there any related cases or, and Yes - fill in these blanks.

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4. This next section requires some additional information. Ensure you complete all the necessary fields - Do you anticipate joining, Yes, Plaintiffs factual position as to, Defense factual position as to, Defense position as to causation, Identify all applicable insurance, Defendant, Insurance Carrier, and Coverage Limits - to proceed further in your process!

How you can complete case management conference memorandum portion 4

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