[34 Pa.B. 2914]
[Continued from previous Web Page] Som. R.C.P. 208.3(b). Motions Practice--Filing of Briefs.
A. This Rule applies to all motions.
B. If a motion presents a question of law for decision by the court, each party shall file a brief as follows:
1. When a moving party files a scheduling praecipe, the moving party's brief, if not previously filed, shall be filed at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief as provided by these Rules. Upon filing and service of a scheduling praecipe and brief by the moving party, each other party who has not already done so shall file a brief within twenty (20) days thereafter or at the time of earlier scheduled argument.
2. When a responding party files a scheduling praecipe, the moving party, shall, within twenty (20) days of receipt of the scheduling order, file and serve a brief as required by these Rules. Upon service, each other party who has not already done so shall file a reply brief within fifteen (15) days thereafter, or at the time of earlier scheduled argument.
3. If a motion is scheduled for argument by the court, without the filing of a scheduling praecipe, the moving party, shall, within twenty (20) days of receipt of the scheduling order, file and serve a brief as required by these Rules. Upon service, each other party who has not already done so, shall file a reply brief within fifteen (15) days thereafter, or at the time of earlier scheduled argument.
C. If a party's brief is not timely filed, the court may, in its discretion:
1. In the case of a moving party's failure to file a brief, delay scheduling until the brief is filed;
2. Disregard the untimely brief;
3. Refuse oral argument by the offending party;
4. Consider the issues raised by the offending party to be waived;
5. Order argument to be continued;
6. Enter such other order as the interests of justice may require.
D. A party filing a brief shall file the original with the Prothonotary, shall promptly serve a copy on each other counsel and unrepresented party, and shall promptly provide a copy to the Court Administrator.
E. Matters not briefed shall not be argued or considered, unless the omission is excused by the court, for cause.
Preliminary Objections
Som. R.C.P. 1028(c). Preliminary Objections Procedure.
A. Preliminary objections shall be scheduled for argument by the filing of a scheduling praecipe in accordance with the procedure, and in the form specified in subparagraph C. of this Rule, copies of which are available in the Offices of the Prothonotary and Court Administrator.
B. Briefs.
1. When the moving party files a scheduling praecipe, the moving party's brief, if not previously filed, shall be filed at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief as provided by these Rules. Upon filing and service of a scheduling praecipe and brief by the moving party, each other party who has not already done so, shall file a brief within twenty (20) days thereafter or at the time of earlier scheduled argument.
2. When a responding party files a scheduling praecipe, or if the court places a case on an argument list, the moving party, shall, within twenty (20) days of receipt of the scheduling order, file and serve a brief as required by these Rules. Upon service, each other party who has not already done so shall file a reply brief within fifteen (15) days thereafter, or at the time of earlier scheduled argument.
3. If a party's brief is not timely filed, the court may, in its discretion:
a. In the case of a moving party's failure to file a brief, delay scheduling until the brief is filed;
b. Disregard the untimely brief;
c. Refuse oral argument by the offending party;
d. Consider the issues raised by the offending party to be waived;
e. Order argument to be continued;
f. Entry such other order as the interests of justice may require.
4. A party filing a brief shall file the original with the Prothonotary, shall promptly serve a copy on each other counsel and unrepresented party, and shall promptly provide a copy to the Court Administrator.
5. Matters not briefed shall not be argued or considered, unless the omission is excused by the court, for cause.
C. Scheduling by Praecipe.
1. Those cases required to be scheduled by praecipe shall be scheduled only upon filing of a scheduling praecipe, substantially in the form set forth below in subparagraph C.6. of this Rule.
2. The praecipe and all issued copies thereof shall by signed by counsel of record or an unrepresented party.
3. The scheduling praecipe shall be filed as provided in the prescribed form of scheduling praecipe, and the praecipe and copies thereof shall be served promptly on other counsel and unrepresented parties in the case.
4. Upon receipt of a scheduling praecipe any party may object thereto as follows:
a. If the objection is to the assertion in the praecipe of readiness of the case for disposition by the court, the objection shall be made promptly to the court in accordance with Motions Judge practice on notice to other parties.
b. If the objection relates to any other assertion in the praecipe, such as time of scheduling, time required on the schedule, etc., the objecting party shall promptly file a counter praecipe stating only the matter corrected or changed.
5. If a party files a scheduling praecipe, knowing that the matter is not ready for disposition by the court, or knowing that the matters certified to in the scheduling praecipe are not true, the court may impose sanctions on the offending party. Sanctions may include assessment of reasonable counsel fees incurred by other parties as the result of such conduct, prohibition of additional discovery, or other appropriate order.
6. Form of Scheduling Praecipe.
) IN THE COURT OF COMMON PLEAS OF ) SOMERSET COUNTY, PENNSYLVANIA ) ) ) ) NO. 200____
SCHEDULING PRAECIPE 1. This is a/an--
[ ] A. ARGUMENT CASE (Complete Part A below):
[ ] B. CIVIL TRIAL CASE (Complete Part B below):
[ ] C. CIVIL ARBITRATION CASE (Complete Part C below).PART A (Argument Case):
1. Place the above case on an appropriate Argument Schedule for [ ] Argument on
_________________
Nature of ProceedingIf I am the moving party, I CERTIFY that the required brief has been filed, and has been or will be served promptly.
--OR--
[ ] Hearing on _________________
Nature of Proceeding2. Type of scheduling requested:
[ ] a. Sec reg (At any date and time convenient to the Court to be fixed on the next available Argument Schedule to be issued).
--OR--
[ ] b. Sec reg-date certain (At a presently fixed date and time on an Argument Schedule to be issued).
--OR--
[ ] c. Prompt (At a presently fixed date and time on a scheduled already issued).
d. If date certain or prompt scheduling is requested, state the reason (granted only for cause):
3. Estimated total schedule time required for presentation by all parties: _________________ Minutes/Hours/Days.
4. a. If the matter listed in paragraph 1 above seeks scheduling for modification or enforcement of any: (i) criminal sentence or order of probation or parole, (ii) juvenile adjudication or disposition order, or (iii) any other order or decree of Court entered in adversary proceedings, state the name of the Judge who made the sentence, order or decree:
_________________ J. If not applicable, so state.
b. If any Judge has previously heard argument or testimony on the specific matter to be scheduled, mentioned in paragraph 1 above, or has had significant prior judicial acquaintance with the controversy presented thereby, name the Judge:
_________________ J. If not applicable, so state.
PART B. (Civil Trial Case):
1. Place the above case on the next issued Civil Trial List for
[ ] JURY TRIAL [ ] NONJURY TRIAL
PART C. (Civil Arbitration Case):
1. Schedule the above case for Arbitration Trial Hearing sec reg.
2. Estimated total time for presentation by all parties:
_________________ Minutes/Hours/DaysII I CERTIFY that:
1. This case is ready for disposition by the Court.
2. The signed original of this praecipe and one signed copy thereof (for transmission to the administrator) have been or will be promptly filed to the case in the office of the court clerk; and a signed copy has been or will be promptly served upon each other counsel and upon each unrepresented party who has been served with initial process or pleading.
3. All prescheduling and pretrial procedures, including pleading and discovery, have been completed.
4. All parties, witnesses and counsel for the undersigned are expected to be available and present when the case is scheduled, barring unforeseeable events hereafter occurring. If any event hereafter occurs requiring continuance, a motion therefor will be promptly presented to the Court.
5. I have read and am acquainted with the local rules governing scheduling and court procedures.
III REMARKS: _________________
_________________
Signature_________________
Type or print name of signer and party
represented.List of All Counsel and Unrepresented Parties (State party represented by each, e.g., for plaintiff Jones, for defendant Smith, etc.):
NOTE--EFFECT OF CONTINUANCE: If any of the above mentioned cases is scheduled and thereafter continued, a new scheduling praecipe will be required in order to schedule the case again, unless the continuance order fixes a date certain or otherwise provides.
Motion For Judgment On The Pleadings.
Som. R.C.P. 1034(a). Motion For Judgment On The Pleadings-Procedure.
A. Argument on motions for judgment on the pleadings shall be scheduled by the filing of a scheduling praecipe in the accordance with the procedure, and in the form specified in subparagraph C. of this Rule, copies of which are available in the offices of the Prothonotary and Court Administrator.
B. Briefs.
1. When the moving party files a scheduling praecipe, the moving party's brief, if not previously filed, shall be filed at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief as provided by these Rules. Upon filing and service of a scheduling praecipe and brief by the moving party, each other party who has not already done so, shall file a brief within twenty (20) days thereafter or at the time of earlier scheduled argument.
2. When a responding party files a scheduling praecipe, or if the court places a case on an argument list, the moving party, shall, within twenty (20) days of receipt of the scheduling order, file and serve a brief as required by these Rules. Upon service, each other party who has not already done so shall file a reply brief within fifteen (15) days thereafter, or at the time of earlier scheduled argument.
3. If a party's brief is not timely filed, the court may, in its discretion:
a. In the case of a moving party's failure to file a brief, delay scheduling until the brief is filed;
b. Disregard the untimely brief;
c. Refuse oral argument by the offending party;
d. Consider the issues raised by the offending party to be waived;
e. Order argument to be continued;
f. Entry such other order as the interests of justice may require.
4. A party filing a brief shall file the original with the Prothonotary, shall promptly serve a copy on each other counsel and unrepresented party, and shall promptly provide a copy to the Court Administrator.
5. Matters not briefed shall not be argued or considered, unless the omission is excused by the court, for cause.
C. Scheduling by Praecipe.
1. Those cases required to be scheduled by praecipe shall be scheduled only upon filing of a scheduling praecipe, substantially in the form set forth below in subparagraph C.6. of this Rule.
2. The praecipe and all issued copies thereof shall by signed by counsel of record or an unrepresented party.
3. The scheduling praecipe shall be filed as provided in the prescribed form of scheduling praecipe, and the praecipe and copies thereof shall be served promptly on other counsel and unrepresented parties in the case.
4. Upon receipt of a scheduling praecipe any party may object thereto as follows:
a. If the objection is to the assertion in the praecipe of readiness of the case for disposition by the court, the objection shall be made promptly to the court in accordance with Motions Judge practice on notice to other parties.
b. If the objection relates to any other assertion in the praecipe, such as time of scheduling, time required on the schedule, etc., the objecting party shall promptly file a counter praecipe stating only the matter corrected or changed.
5. If a party files a scheduling praecipe, knowing that the matter is not ready for disposition by the court, or knowing that the matters certified to in the scheduling praecipe are not true, the court may impose sanctions on the offending party. Sanctions may include assessment of reasonable counsel fees incurred by other parties as the result of such conduct, prohibition of additional discovery, or other appropriate order.
6. Form of Scheduling Praecipe.
) IN THE COURT OF COMMON PLEAS OF ) SOMERSET COUNTY, PENNSYLVANIA ) ) ) ) NO. 200____
SCHEDULING PRAECIPE 1. This is a/an--
[ ] A. ARGUMENT CASE (Complete Part A below):
[ ] B. CIVIL TRIAL CASE (Complete Part B below):
[ ] C. CIVIL ARBITRATION CASE (Complete Part C below).
PART A (Argument Case): 1. Place the above case on an appropriate Argument Schedule for [ ] Argument on
_________________
Nature of ProceedingIf I am the moving party, I CERTIFY that the required brief has been filed, and has been or will be served promptly.
--OR--
[ ] Hearing on _________________
Nature of Proceeding2. Type of scheduling requested:
[ ] a. Sec reg (At any date and time convenient to the Court to be fixed on the next available Argument Schedule to be issued).
--OR--
[ ] b. Sec reg-date certain (At a presently fixed date and time on an Argument Schedule to be issued).
--OR--
[ ] c. Prompt (At a presently fixed date and time on a scheduled already issued).
d. If date certain or prompt scheduling is requested, state the reason (granted only for cause):
3. Estimated total schedule time required for presentation by all parties:
_________________ Minutes/Hours/Days.4. a. If the matter listed in paragraph 1 above seeks scheduling for modification or enforcement of any: (i) criminal sentence or order of probation or parole, (ii) juvenile adjudication or disposition order, or (iii) any other order or decree of Court entered in adversary proceedings, state the name of the Judge who made the sentence, order or decree:
_________________ J. If not applicable, so state.
b. If any Judge has previously heard argument or testimony on the specific matter to be scheduled, mentioned in paragraph 1 above, or has had significant prior judicial acquaintance with the controversy presented thereby, name the Judge:
_________________ J. If not applicable, so state.
PART B. (Civil Trial Case):
1. Place the above case on the next issued Civil Trial List for
[ ] JURY TRIAL [ ] NONJURY TRIAL
PART C. (Civil Arbitration Case):
1. Schedule the above case for Arbitration Trial Hearing sec reg.
2. Estimated total time for presentation by all parties: _________________ Minutes/Hours/Days
II I CERTIFY that:
1. This case is ready for disposition by the Court.
2. The signed original of this praecipe and one signed copy thereof (for transmission to the administrator) have been or will be promptly filed to the case in the office of the court clerk; and a signed copy has been or will be promptly served upon each other counsel and upon each unrepresented party who has been served with initial process or pleading.
3. All prescheduling and pretrial procedures, including pleading and discovery, have been completed.
4. All parties, witnesses and counsel for the undersigned are expected to be available and present when the case is scheduled, barring unforeseeable events hereafter occurring. If any event hereafter occurs requiring continuance, a motion therefor will be promptly presented to the Court.
5. I have read and am acquainted with the local rules governing scheduling and court procedures.
III REMARKS: _________________
_________________
Signature_________________
Type or print name of signer and party
represented.List of All Counsel and Unrepresented Parties (State party represented by each, e.g., for plaintiff Jones, for defendant Smith, etc.):
NOTE--EFFECT OF CONTINUANCE: If any of the above mentioned cases is scheduled and thereafter continued, a new scheduling praecipe will be required in order to schedule the case again, unless the continuance order fixes a date certain or otherwise provides.
Motion For Summary Judgment
Som. R.C.P. 1035.2(a). Motion For Summary Judgment-Procedure.
A. Argument on motions for summary judgment shall be scheduled by the filing of a scheduling praecipe in accordance with the procedure, and in the form specified in subparagraph C. of this Rule, copies of which are available in the offices of the Prothonotary and Court Administrator.
B. Briefs.
1. When the moving party files a scheduling praecipe, the moving party's brief, if not previously filed, shall be filed at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief as provided by these Rules. Upon filing and service of a scheduling praecipe and brief by the moving party, each other party who has not already done so, shall file a brief within twenty (20) days thereafter or at the time of earlier scheduled argument.
2. When a responding party files a scheduling praecipe, or if the court places a case on an argument list, the moving party, shall, within twenty (20) days of receipt of the scheduling order, file and serve a brief as required by these Rules. Upon service, each other party who has not already done so shall file a reply brief within fifteen (15) days thereafter, or at the time of earlier scheduled argument.
3. If a party's brief is not timely filed, the court may, in its discretion:
a. In the case of a moving party's failure to file a brief, delay scheduling until the brief is filed;
b. Disregard the untimely brief;
c. Refuse oral argument by the offending party;
d. Consider the issues raised by the offending party to be waived;
e. Order argument to be continued;
f. Entry such other order as the interests of justice may require.
4. A party filing a brief shall file the original with the Prothonotary, shall promptly serve a copy on each other counsel and unrepresented party, and shall promptly provide a copy to the Court Administrator.
5. Matters not briefed shall not be argued or considered, unless the omission is excused by the court, for cause.
C. Scheduling by Praecipe.
1. Those cases required to be scheduled by praecipe shall be scheduled only upon filing of a scheduling praecipe, substantially in the form set forth below in subparagraph C.6. of this Rule.
2. The praecipe and all issued copies thereof shall by signed by counsel of record or an unrepresented party.
3. The scheduling praecipe shall be filed as provided in the prescribed form of scheduling praecipe, and the praecipe and copies thereof shall be served promptly on other counsel and unrepresented parties in the case.
4. Upon receipt of a scheduling praecipe any party may object thereto as follows:
a. If the objection is to the assertion in the praecipe of readiness of the case for disposition by the court, the objection shall be made promptly to the court in accordance with Motions Judge practice on notice to other parties.
b. If the objection relates to any other assertion in the praecipe, such as time of scheduling, time required on the schedule, etc., the objecting party shall promptly file a counter praecipe stating only the matter corrected or changed.
5. If a party files a scheduling praecipe, knowing that the matter is not ready for disposition by the court, or knowing that the matters certified to in the scheduling praecipe are not true, the court may impose sanctions on the offending party. Sanctions may include assessment of reasonable counsel fees incurred by other parties as the result of such conduct, prohibition of additional discovery, or other appropriate order.
6. Form of Scheduling Praecipe.
) IN THE COURT OF COMMON PLEAS OF ) SOMERSET COUNTY, PENNSYLVANIA ) ) ) ) NO. 200____
SCHEDULING PRAECIPE 5. This is a/an--
[ ] A. ARGUMENT CASE (Complete Part A below):
[ ] B. CIVIL TRIAL CASE (Complete Part B below):
[ ] C. CIVIL ARBITRATION CASE (Complete Part C below).PART A (Argument Case):
1. Place the above case on an appropriate Argument Schedule for [ ] Argument on
_________________
Nature of ProceedingIf I am the moving party, I CERTIFY that the required brief has been filed, and has been or will be served promptly.
--OR--
[ ] Hearing on _________________
Nature of Proceeding2. Type of scheduling requested:
[ ] a. Sec reg (At any date and time convenient to the Court to be fixed on the next available Argument Schedule to be issued).
--OR--
[ ] b. Sec reg-date certain (At a presently fixed date and time on an Argument Schedule to be issued).
--OR--
[ ] c. Prompt (At a presently fixed date and time on a scheduled already issued).
d. If date certain or prompt scheduling is requested, state the reason (granted only for cause):
3. Estimated total schedule time required for presentation by all parties:
_________________ Minutes/Hours/Days.4. a. If the matter listed in paragraph 1 above seeks scheduling for modification or enforcement of any: (i) criminal sentence or order of probation or parole, (ii) juvenile adjudication or disposition order, or (iii) any other order or decree of Court entered in adversary proceedings, state the name of the Judge who made the sentence, order or decree:
_________________ J. If not applicable, so state.
b. If any Judge has previously heard argument or testimony on the specific matter to be scheduled, mentioned in paragraph 1 above, or has had significant prior judicial acquaintance with the controversy presented thereby, name the Judge:
_________________ J. If not applicable, so state.
PART B. (Civil Trial Case):
1. Place the above case on the next issued Civil Trial List for
[ ] JURY TRIAL [ ] NONJURY TRIAL
PART C. (Civil Arbitration Case):
1. Schedule the above case for Arbitration Trial Hearing sec reg.
2. Estimated total time for presentation by all parties: _________________ Minutes/Hours/Days
II I CERTIFY that:
1. This case is ready for disposition by the Court.
2. The signed original of this praecipe and one signed copy thereof (for transmission to the administrator) have been or will be promptly filed to the case in the office of the court clerk; and a signed copy has been or will be promptly served upon each other counsel and upon each unrepresented party who has been served with initial process or pleading.
3. All prescheduling and pretrial procedures, including pleading and discovery, have been completed.
4. All parties, witnesses and counsel for the undersigned are expected to be available and present when the case is scheduled, barring unforeseeable events hereafter occurring. If any event hereafter occurs requiring continuance, a motion therefor will be promptly presented to the Court.
5. I have read and am acquainted with the local rules governing scheduling and court procedures.
III REMARKS: _________________
_________________
_________________
Signature_________________
Type or print name of signer and party
represented.List of All Counsel and Unrepresented Parties (State party represented by each, e.g., for plaintiff Jones, for defendant Smith, etc.):
NOTE--EFFECT OF CONTINUANCE: If any of the above mentioned cases is scheduled and thereafter continued, a new scheduling praecipe will be required in order to schedule the case again, unless the continuance order fixes a date certain or otherwise provides.
Briefs
Som. R.C.P. 210. Briefs.
A. Briefs shall be in the form prescribed by Pennsylvania Rule of Civil Procedure 210, and shall consist of concise and summary statements, separately and distinctly titled, of the following items in the order listed:
(1) Matter before the Court: State the particular pleading (motion, petition, objection, exception, application, etc.) before the court for disposition, and the particular relief requested therein.
(2) Statement of the question(s) involved: State the issue(s) in question form containing factual context sufficient to present the precise matter to be decided by theCourt, each susceptible of a yes or no answer, each followed by the answer desired or advocated.
(3) Facts: State the operative facts.
(4) Argument: State the reason(s) why the court should answer the questions involved as proposed, including citation of the authorities relied on. An authority shall not be cited for general reference but in all cases shall be immediately preceded or followed by its relevant holding or particular proposition for which it stands.
(5) Relief: State the specific action(s) requested of the court.
[Pa.B. Doc. No. 04-974. Filed for public inspection June 4, 2004, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
