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PA Bulletin, Doc. No. 02-1477

THE COURTS

WESTMORELAND COUNTY

Civil Rules W205.1 and W211; No. 3 of 2002

[32 Pa.B. 4124]

   And Now This 5th day of August, 2002, It Is Hereby Ordered that Westmoreland County Rules of Civil Procedure W205.1 and W211 are hereby repealed and new rules of Civil Procedure W205.1 and W211 are adopted. The effective date of these changes is 30 days after publication in the Pennsylvania Bulletin.

By the Court

DANIEL J. ACKERMAN,   
President Judge

Rule W205.  1 Filing of Motions and Petitions

   (a)  The trial judge assigned to a specific case will hear all matters relating to that case.

   (b)  Routine contested motions will be heard on the first and last Wednesday of each month at 10:00 a.m. The moving party shall furnish a copy of the motion or petition and any proposed order to every other party or attorney of record at least 4 days in advance of the day when the presentation is to occur. The motion or petition must be accompanied by a certification stating that notice has been given under this rule.

   (c)  Uncontested motions will be heard on the first and last Wednesday of each month at 10:00 a.m. or may be presented at any time convenient to and prearranged with the court. Before a motion or petition is presented, the moving party shall furnish a copy of the motion or petition and any proposed order to every other party or attorney of record at least 4 days in advance of the day when the presentation is to occur. The motion or petition must be accompanied by a certification stating that notice has been given under this rule and that the matter is in fact uncontested. The moving party shall attach this certification together with a copy of the judicial assignment form when presenting an uncontested motion or petition to the chambers of the assigned judge as prearranged.

   (d)  Emergency motions on civil matters may be presented at any time convenient to and prearranged with the court. In emergency matters, the moving party must give telephone notice to every other party or attorney of record prior to presenting the motion or petition and shall, at the time of presentment of same, provide to the Court a certification of the notice provided.

   (e)  Motions or petitions to which all parties consent may be delivered to the chambers of the assigned judge at any time. The motion or petition must be accompanied by a certification stating that notice has been given under this rule.

   (f)  The filing of preliminary objections, motions for judgment on the pleadings, motions for summary judgment, the post-trial relief shall be in accordance with Westmoreland County Rule of Civil Procedure W227.2.

Rule W211.  Oral Arguments

   (a)  The court administrator shall schedule all argument court matters with the exception of preliminary objections.

   (b)  A party may assert their right to oral argument as to preliminary objections by filing a motion with the court. To accomplish the prompt determination of preliminary objections where a motion for oral argument is not filed, the court will decide preliminary objections at the earliest date possible based upon briefs.

[Pa.B. Doc. No. 02-1477. Filed for public inspection August 23, 2002, 9:00 a.m.]


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