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Discovery Court
Program
DISCOVERY UNIT OFFICE LOCATION: Room 691 City Hall
Hours of Operation: 8:00 A.M. – 5:00 P.M.
STAFF: Telephone Number:
Peter J. Divon, Manager 215-686-3747
Email: [email protected]
FAX: 215-686-3777
Nora Sweeney, Legal Clerk 215-686-4246
Email: [email protected]
Diane Phillips-Burnette, Legal Clerk 215-686-4246
Email: [email protected]
Dianne Stewart, Legal Clerk 215-686-4246
Email: [email protected]
Alejandra Ramos, Legal Clerk 215-686-4246
Email: Alejandra.Ramos @courts.phila.gov
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DISCOVERY COURT PROGRAM
ROOM 691 CITY HALL
215-686-3747, 4246 AND 4247
The Discovery Court Program operates in accordance with the Alternative Motion
Procedures set forth in Philadelphia Rule of Civil Procedure *208.3. The Manager of the
Discovery Court Program is Peter J. Divon. The administrative office of the Discovery
Court Program is located in Room 691 City Hall, Philadelphia, PA. Discovery hours are
from 8:00 am through 5:00 pm.
Depending on the particular civil program, discovery motions are scheduled for a hearing
before a Judicial Team Leader, Coordinating Judge, or Commerce Judge. A day and time
has been reserved for the resolution of discovery motions in each program. A copy of the
Discovery Court Schedule is included at the end of this section.
Effective Monday, August 25, 2014 the schedule for hearings in Discovery Court is as
follows:
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S
C
C
H
H
E
E
D
D
U
U
L
L
E
E
F
F
O
O
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D
D
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O
V
V
E
E
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R
Y
Y
H
H
E
E
A
A
R
R
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N
N
G
G
S
S
D
D
A
A
Y
Y
T
T
I
I
M
M
E
E
J
J
U
U
D
D
G
G
E
E
P
P
R
R
O
O
G
G
R
R
A
A
M
M
C
C
O
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U
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R
R
T
T
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R
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M
M
Monday
Monday
9:30 a.m.
2:00 p.m.
Judge Glazer
Judge Bernstein
Commerce
Day Forward 2013
650 CH
246 CH
Tuesday
9:00 a.m. Judge Rau Day Forward 2014 &
2011
646 CH
Tuesday
9:30 a.m. Judge McInerney Commerce 630 CH
Tuesday
10:00 a.m. Judge Dembe Commerce 612 CH
Wednesday
9:00 a.m. Judge Allen Day Forward 2012 480 CH
Thursday
9:00 am. Judge Fox Arbitration , Arbitration
Appeal & Non Jury
243 CH
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The assignment of discovery motions to judicial teams is a critical and important part of
the Court’s Civil Case Delay Reduction Strategy. This strategy provides early and
appropriate intervention in cases within the various civil programs. Under Phila. Civ. R.
*208.3(b)(2), all discovery petitions and motions (except in mass tort cases and cases
already assigned to an individual Judge) are presented to, argued before, and determined
to by the Discovery Court.
Requesting a Hearing Date
Requesting a hearing date is now done electronically through the court’s Civil Electronic
Filing System. The filing party must describe the type of Discovery Motion that will be
presented to the court, the program in which the case is pending, and whether the motion
is sought on am emergency basis. As previously, discovery hearings may not be
requested over the phone. There is a $57.68 fee for each hearing request, which must be
paid when completing the form on EFS. If you make more than one request, you must
pay $57.68 for each request.
Once the request is received, it will be processed and a clerk will send an email to all
counsel and unrepresented parties with registered e-mail addresses providing the date,
time and place of the discovery hearing. The assigned hearing date and time will be based
on the case’s program type. It is the filing party’s responsibility to serve a copy of the
discovery motion, along with the date and time of the scheduled discovery hearing, on all
parties who were not served by e-mail through EFS.
Pursuant to the court’s January 5, 2004, order, the court no longer will accept discovery
motions filed after the case specific discovery deadline, except for motions seeking to
enforce a previously entered discovery order.
Pursuant to Philadelphia Civil Rule *208.3, a hearing shall be listed no earlier than ten
days after the date that a request for a hearing is made, except in the case of an
emergency. The emergency Discovery Hearing procedures are set forth below.
If you have an emergency motion, you must, follow the EFS process, file your motion
between 9:00 a.m. and noon the day before motions in your case category will be heard.
When filing through EFS, designate the motion as an emergency. You must make service
of your motion by 2:00 p.m. that day. The emergency cases are heard after all of the other
listed arguments.
Court Approval for Cases Approaching Arbitration Hearing.
If a case is in arbitration and is listed for an arbitration hearing within 45 days, it is
necessary for the moving party to obtain court approval before appearing in Discovery
Court. The appropriate forms can be found at the Arbitration Center. PA Civil Rule
*1303(a-h)
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The Hearing/Argument Date
If the dispute remains unresolved by your hearing date, counsel must appear at the
assigned date and time in the assigned courtroom. The hearings will start on time, and
you should bring the entire motion package with you (i.e., proposed order, motion,
exhibits, notice of presentation (bring the e-mail notification), proof of service, (bring the
e-mail notification), and attorney certification of good faith as required by Philadelphia
Civil Rule *208.2(e).
If all parties fail at appear, the court will deem that motion moot. If all parties other than
the moving party fail to appear, the court will deem the motion uncontested and enter an
appropriate order. If the moving party fails to appear, but one or more responding parties
appears, the court will dismiss the motion and may, upon a subsequent motion, enter
monetary sanctions against the moving party and in favor or the party that appeared at the
argument.
Following the call of the list, all counsel whose motions are uncontested or by agreement
may leave the courtroom and will receive a copy of their signed order via US mail or the
electronic filing system pursuant to PA.R.C.P. 236.
Alternative Procedure Requiring No Physical Presence of Counsel
Administrative Docket 04 of 1998 establishes an alternative procedure for discovery
motions that are uncontested or able to be resolved through agreement. Under this
procedure, attorneys are no longer required to appear personally when they have
discovery motion that is uncontested or that can be resolved by agreement. These
motions may be presented to the Discovery Unit, Room 691 City Hall, on the day
immediately preceding the scheduled hearing date. A copy of the relevant case
management order along with the following letter should be attached thereto:
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*NO FAXES WILL BE ACCEPTED*
The Discovery Court Manager screens these motions to determine if there are any
conflicts with the appropriate Case Management Order. The assigned judge will review
and sign the proposed orders after the scheduled court session.
Reconsideration of Discovery Orders
Petitions for Reconsideration of discovery orders must be filed through the Civil Motions
Program with the Civil Motions Clerk in Room 296 City Hall. There is a $52.68 filing
fee required for each motion. The motion package should comply with Phila. R. Civ. P
*208.3.
Petitions for Reconsideration are assigned forthwith to the judge who issued the order in
question. The judge who issued the order is the only one with legal authority to review
the order. Therefore, counsel should not reappear in Discovery Court and expect another
judge to reconsider a colleague’s order.
Please keep in mind that the judge does not receive the entire court record when a
motion/petition is assigned for disposition. Therefore, it is very important that you attach
as exhibits any information that may be necessary in order for the judge to render a
decision. Petitions for Reconsideration, in particular, should include, among other things,
a signed copy of the order in question, along with copies of the motion and responses
thereto. Failure to do so may result in dismissal of the motion for failure to comply with
Phila. R. Civ. P. *208.3.
Discovery Court Accepts Filings in the Following Programs:
1. All Day Forward Major Jury Programs
2. Non-Jury
3. Arbitration
4. Arbitration Appeal
Date:
RE: (Caption and Case I.D.)
To the Assigned Discovery Judge:
Please accept this letter as certification that my opponent in the attached
motion has told me he/she will not contest and/or agrees to the relief sought in the
proposed order.
Sincerely,
________________________
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5. Commerce Program
6. Petition Actions
a. Issuance of Subpoena
b. Issuance of Letters Rogatory
c. Name Changes
7. Foreclosure – Post November 1, 2013 - Cases With Case Management Orders
Types of Motions Accepted in Discovery Court
Motion to Compel Request for Production
Motion to Compel Request for Admissions
Motion to Compel Depositions
Motion to Compel Independent Medical Examination
Motion to Compel Inspection
Motion to Overrule Objections
Motion to Quash Subpoena
Motion to Compel Answers to Interrogatories
Motion to Compel Answers and Production of Documents
Motion for Protective Order
Motion for More Specific Answers to Interrogatories
Motion for More Specific Answers to Request for Production
Petition for Issuance of Subpoena
Petition for Issuance of Letters Rogatory
Motion for Sanctions
Discovery Motions NOT filed with the Discovery Court
The following discovery motions are not accepted for filing in Discovery Court. These
motions must be filed with the Civil Motions Program. Remove text “in Room 296 City Hall”
Discovery Motions in Municipal Court Appeals from Landlord Tenant cases;
Post Judgment Motions for Discovery in Aid of Execution;
Motions for Pre-Complaint Discovery;
Motions to Quash Trial Deposition;
Motions to Quash Trial Subpoena;
Discovery Motions in Tax Court Cases
Discovery Motions in Statutory Appeals Cases;
Discovery Motions in Mass Tort Program.
Discovery motions shall not be accepted by the Discovery Court in cases where an
arbitration hearing is scheduled to be held within forty-five (45) days, without Arbitration
Program or Court approval. PA Civil Rule *1303(a-h)
