One of the fascinating things about the COVID-19 pandemic, is what it has done to ground society to a halt and how, out of that stasis, American society has been trying to improve what had been in place until the pandemic shut it down. In this month’s column, we will discuss how the Philadelphia court system has tried to improve civil litigation through application of a pandemic-based praecipe to resolve discovery disputes.

Background

Due to the pandemic, the trial division, civil, of the Philadelphia of Common Pleas Court found itself where almost all courts across the United States had found themselves—closed. To move things along in a virtual manner, i.e., without persons having to come into physical contact with others, on May 5, the court “issued a notice to the bar … establishing a protocol for discovery motions filed before May 5, and on May 27, extended the protocol through July 6.” Just prior to July 6, the court issued the protocol, discussed below, which applies from July 6 through Sept. 7.

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