THE COURTS

Title 255--LOCAL
COURT RULES

FRANKLIN AND FULTON COUNTIES

Promulgation of Local Civil Action Rules 39-51, 206.1, 206.4, 208, 208.2, 208.4, 210, 1028(c), 1034(a) and 1035.2(a)

[35 Pa.B. 1334]

Order of Court

   January 27, 2005, Civil Action Rule Nos. 39-51, 39-206.1, 39-206.4(c), 39-208, 39-208.2(c), (d) and (e), 39-208.3(a) and (b), 39-210, 39-1028(c), 39-1034(a) and 39-1035.2(a) are hereby promulgated for use in both branches of the 39th Judicial District of Pennsylvania and shall become effective upon their being posted on the Local Rules Section of the web site of the Pennsylvania Unified Judicial System, https://ujsportal.pacourts.us/Rules/RulesSelection.aspx.

By the Court

JOHN R. WALKER,   
President Judge

Rule 51. Title and Citation of Rules

   These rules shall be known as the 39th Judicial District Rules of Civil Procedure, and shall be cited as ''39th Jud. Dist. R.C.P. _____ .''

Rule 206.1 Petitions

Rule 206.1(a) Purpose and Designation.

   The procedure after issuance of rules to show cause shall be as set forth in Pa.R.C.P. 206.7. If argument is ordered by the court the case shall be listed, briefed and decided as set forth in the court's order. All applications for which the procedure for the relief sought is not otherwise specifically addressed elsewhere in the rules and which require the assertion of facts not of record are hereby designated as petitions. A petition, generally speaking, is a request for relief ancillary to a given cause of action. Each petition shall be accompanied by a verification or affidavit verifying the facts stated in the petition.

Rule 206.4(c). Procedure for Rule to Show Cause

   (i)  Title: A petition should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely ''petition,'' it should be designated Defendant Jones' Petition for Extension of Time to Join Smith as Additional Defendant).

   (ii)  Contents: All petitions shall be in writing and shall be accompanied by a proposed form of order; a petition shall also be accompanied by an order allowing a rule to show cause in form as set forth below, which order is hereinafter sometimes referred to as a ''rule'' or a ''rule to show cause.'' Every motion and petition shall refer to the procedural rule, statute, or other authority relied upon to justify the relief requested and shall display counsel's name, address, I.D. number and telephone number. No motion, petition or preliminary objection shall be dismissed for failure to be accompanied by a form of proposed order or for failure to refer to the procedural rule, statute or other authority relied upon or for failure to display counsel's name, address, attorney identification number or telephone number.

   COMMENT: For discovery motions and petitions, see certification requirements under rule 39th Jud. Dist. R.C.P. 208.2(e).

   (iii.)  Proposed Order, generally: The petitioner shall attach to any petition a proposed order substantially in the following form:

[CAPTION]
ORDER

   AND NOW, this _____ day of ______ , 200__ , upon consideration of the foregoing petition, it is hereby ordered that

   1.  A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;

   2.  The respondent shall file a verified Answer to the Petition within twenty (20) days of service upon the respondent;

   3.  The Petition shall be decided under Pa.R.C.P. No. 206.7;

   4.  Depositions shall be completed within _____ days of the service upon petitioner of the Answer to the Petition;

   5.  Hearing and/or argument shall be held on _____ , _____ , 200 __ , at ____ o'clock __ m. in Courtroom No. ____ of the Franklin/Fulton County Courthouse, Chambersburg/McConnellsburg, PA;

   6.  If Items 4 and 5 above are left blank, depositions and or argument or hearing will be considered upon the request of any party; and

   7.  Notice of entry of this order shall be provided to all parties by the petitioner.

   8.  In the case of Preliminary Objections [Local Rule 1028(a)], Motions for Judgment on the Pleadings [Local Rule 1034(a)] and Motions for Summary Judgment [Local Rule 1035(a)], parties shall follow the procedures for disposition set forth in those rules.

By the Court,
 
__________
Judge

   (iv)  Proposed Order, substantive relief or stay sought: In instances where the order seeks a stay order or other substantive relief or seeks to have a hearing date set immediately or otherwise requests special immediate relief, the form of the order shall be modified accordingly and the order shall contain such of the following provisions as are appropriate:

   A hearing on the within petition is hereby scheduled to be held on ______ , the ____ day of ______ , 200__ , at ____ o'clock __ m. in Courtroom No. ____ of the Franklin/Fulton County Courthouse, Chambersburg/ McConnellsburg, PA

and/or

   [If a stay is being requested]

   All proceedings shall stay in the meantime. The petitioner is directed to file a bond in the amount of $ ____ by the following date: ______ . Upon cause shown by the respondent, the court may increase the amount of the bond or security.

   (v.)  Service and Certification Requirements: The following service and certification requirements apply to all rules to show cause:

   (a)  Not later than immediately after filing with the prothonotary, each party shall serve upon all other counsel and unrepresented parties complete copies of all rules, proposed orders, petitions, motions, preliminary objections and answers to them.

   (b)  Each party shall, not later than five (5) days after the filing of any document, file with the prothonotary a separate document in the form specified by 39th Jud. Dist. R.C.P. 206.4(c)(v.)(d), below, certifying that service of a complete copy has been made.

   (c)  The court, at its discretion, may strike, dismiss or deny, any petition, motion or preliminary objection for failure of the moving party to comply with the service and certification requirements of this rule.

   (d)  Certifications of service shall be in substantially the following form:

[CAPTION]
CERTIFICATION OF SERVICE

   This is to certify that in this case, assigned to Judge [insert the name of the judge to whom the case is assigned], complete copies of all papers contained in [insert specifically the title of the petition/motion/preliminary objections/praecipe, etc. served] have been served upon the following persons, by the following means and on the dates stated:

Name and address:	Means of Service:	Date of Service:
______	______	______
______	______	______
______	______	______

      Attorney's Signature
      Attorney's Name
      Address
      I.D. Number
      Telephone Number

   (vi.)  Discretionary Issuance of Rule: The procedure of Pa.R.C.P. 206.5 is adopted. An order containing a rule to show cause, including one which by its terms grants substantive relief or which contains a stay order or seeks to require an answer by respondent(s) in less than twenty (20) days, shall be delivered promptly after filing to the assigned judge or to the motions judge's law clerk or to the Court Administrator for prompt delivery to the motion judge's law clerk.

   COMMENT: Unless otherwise designated as motions, all applications are designated as petitions. The issuance of a rule to show cause shall be discretionary with the court as provided in Pa.R.C.P. 206.5. A petitioner seeking the issuance of a rule to show cause shall attach to the petition the proposed order in the form prescribed by 39th Jud. Dist. R.C.P. 206.4(c)(iii.) or (iv.), above. Under Pa.R.C.P 206.7, the issue raised in the petition may be decided without the necessity of argument. However, if the court orders argument on the petition, the matter shall be listed for argument, briefed and decided pursuant to the court's order.

   (vii.)  When No Answer is Filed: If no answer has been timely filed, the petitioning party, not less than five (5) days after the rule return date, may move to have the rule made absolute, granting the prayer of the petition, and the Court may consider such petition as unopposed and grant such motion as of course. The motion to make the rule absolute shall be accompanied by a proposed order and a certification of service but no brief shall be required. The provisions of Rule 206.4(c)(iii.) and (iv.) shall not apply to motions to make a rule absolute filed pursuant to this section.

   COMMENT: A party upon whom a petition is served has an obligation to answer the petition if the relief sought is opposed.

   (viii.)  When Answer is Filed: When an answer has been timely filed and the issue raised by the petition, motion or preliminary objection is ripe for consideration, pursuant to the provisions of Pa.R.C.P. No. 206.7, any party may file a praecipe for determination in the form described by 39th Jud. Dist.R.C.P. No. 206.4(c)(ix.) along with a supporting brief. If a petitioner files a praecipe for determination on petition and answer, all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted. If a respondent orders the matter for argument on petition and answer without having taken depositions or such other discovery as the court may have allowed, then all averments of fact properly pleaded in the petition shall be deemed admitted for the purposes of the rule, unless the petitioner shall have failed to take depositions or such other discovery as the court may have allowed within the time required, in which event the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer, shall be deemed admitted pursuant to Pa.R.C.P. No. 206.7(c). Responsive briefs shall be filed within fifteen (15) days of the filing of the praecipe for determination. The assigned judge may, at his or her discretion, extend the time for filing briefs.

   (ix)  Praecipe for Determination: To have any matter submitted to the Court for a decision, a party shall file with the Prothonotary a Praecipe for Determination. Immediately after filing the Praecipe with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties a copy of the Praecipe for Determination as well as any other documents filed therewith. The Praecipe for Determination shall be in substantially the following form:

[CAPTION]
PRAECIPE FOR DETERMINATION

   To the Prothonotary:

   Kindly submit the following matter to Judge [insert the name of the assigned Judge] for determination: [insert specifically the title of petition/motion/preliminary objections, etc. to be submitted for determination]

   Date of filing/service: ______ .

      Attorney's signature
      Attorney's Name
      Address
      I.D. Number
      Telephone Number

   COMMENT: This praecipe is to be filed with the Prothonotary, not the Court Administrator.

Rule 208. Motions

Rule 208.2(c). Applicable Authority.

   All motions should include a brief statement of applicable authority.

Rule 208.2(d). Uncontested Motions--Certification.

   A motion may be treated as uncontested when the moving party appends to it a certificate that counsel has conferred with all interested parties in respect to the matter and has been affirmatively advised that there are no objections to the relief sought in the proposed order.

   COMMENT: Non-responsiveness on the part of an opponent shall not be equated by the moving party to the lack of contest or concurrence in the relief sought.

Rule 208.2(e). Discovery Motion and Petition Certification.

   (i)  Good Faith Requirement: All counsel have an affirmative obligation to confer and discuss discovery matters and make a good faith effort to resolve such differences as exist.

   (ii)  Certificate of Efforts; Specificity: Any motion or petition relating to discovery must be accompanied by a certificate of counsel for the moving party certifying that counsel has conferred with opposing counsel with respect to each matter set forth in the discovery motion or petition in good faith, but has been unable to resolve the issue. The certificate shall set forth the exact time, place and manner (which may be telephonic) of the conference or, in a case in which counsel for the moving party cannot furnish such certificate, counsel shall furnish an alternative certificate stating that opposing counsel has refused to so confer. The alternative certificate shall also set forth the efforts made by counsel for the moving party to obtain compliance by opposing counsel and such other facts and circumstances as exist to justify the absence of the required certificate. In all instances, counsel shall certify the details of time, place, manner and content of efforts to confer, including where necessary, the attachment of related correspondence. See, for example, Pa.R.C.P. 1019(i).

   (iii)  Sanctions for Failure to Cooperate: The court at its discretion may strike, dismiss or deny the petition or motion for failure of the moving party to comply with the certification requirements of this rule, or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of the moving party to comply with the certification requirements of this rule or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of moving counsel to arrange such conference.

Rule 208.3(a). Motions--Titles and Attachments.

   (i)  General; Attachments: Generally, motions may be used to obtain relief upon undisputed facts of record, with several exceptions, one of which shall be that averments by counsel that pleadings, documents or discovery requests have been exchanged or transferred. In the latter event copies of all such documents shall be attached, unless already in the record, in which event they can be incorporated by reference. Every motion shall be in writing and shall be signed by its moving counsel or party; and shall be accompanied by a proposed form of order.

   (ii)  Title: The motion or reply should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely ''motion,'' it should be designated Defendants' Motion for Sanctions Against Plaintiff or Additional Defendant's Second Motion for Sanctions Against Defendant Smith, etc.).

   (iii)  Discovery Motions: To promote uniformity of civil practice the following types of discovery matters shall be treated as motions, not as petitions, even though they may contain limited assertions of fact not of record:

   a.  motion for sanctions for failure to answer interrogatories;

   b.  motion for sanctions for failure to produce documents or things;

   c.  motion for sanctions for failure to appear for deposition;

   d.  motion to compel mental or physical examination;

   e.  motion to compel further answers to interrogatories; and

   f.  motion to compel further production of documents.

   (iv)  Briefing Requirements; Exceptions: Generally, a supporting brief, in accordance with 39th Jud. Dist. R.C.P. 210 and praecipe for determination in the form described in 39th Jud. Dist. R.C.P. 206.4(c)(ix.) must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:

   a.  motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with 39th Jud. Dist. R.C.P. 210, shall be submitted as set forth above;

   b.  any motion supported by a stipulation of counsel.

   (v)  Failure to File Brief or Praecipe for Determination: If the moving party has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the moving party has not filed a brief, the non-moving party shall not be required to file one, and the court may consider the moving party to have abandoned his or her position.

   (vi)  Service and Certification: For service and certification requirements, see Rule 206.4(c)(v).

   (vii)  Decision: For the procedure for getting motions decided, see Rule 206.4(c)(viii.) and (ix.).

Rule 208.3(b). Responses.

   All other parties shall file their responses, if any, to the motion and their briefs, in accordance with 39th Jud. Dist. R.C.P. 210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in Rule 206.4(c)(ix.), the matter will be referred to the court for disposition.

Rule 210. Form of Briefs.

   A.  Content Generally. Briefs shall be typewritten and double spaced, except for quotations, on paper 8 1/2 inches by 11 inches in size, and shall be bound at the top, not at the side.

   B.  Brief of the Moving Party. The brief of the moving party shall contain:

   1.  A statement noting whether or not oral argument is requested.

   2.  A procedural history of the case.

   3.  A statement of facts relevant to the issue for disposition.

   4.  A statement of the question or questions presented.

   5.  Argument with citations of the authority relied upon.

   6.  Conclusion.

   7.  A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation or order.

   C.  Brief of the Opposing Party. The brief of the opposing party shall contain everything required in the brief of the moving party except it need not contain a procedural history of the case.

   D.  Briefs Longer than 10 Pages. The brief of each party, if more than 10 pages in length, shall contain an index and a table of citations of cases and statutes therein, with reference to the pages at which they appear in the brief.

Rule 1028(c). Preliminary Objections; Disposition.

   (i.)  Argument Court Calendar. Unless contradicted by other provisions of the rules, Preliminary Objections shall follow the procedures set forth in Local Rule 206.4(c) and shall be disposed of as set forth in this rule. Except as otherwise provided by the Court, Arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the Argument shall be held on the next business day, and in the Fulton County Branch Arguments shall be held on days as established by the annual Court calendar.

   (ii.)  Listing and Briefing Cases. Causes for Argument shall be listed in the Prothonotary's office in a docket to be provided for that purpose. Any party may list a cause by the filing of a Praecipe directing the Prothonotary to list the cause for oral argument. The Praecipe shall be accompanied by a Cover Sheet substantially in the form set forth in Exhibit A, attached.

   A.  Responsibility of Party Requesting Relief.

   1.  Within twenty (20) days of the placing of any matter on the list for argument, the party requesting relief shall file an original and one copy of a supporting brief together with any supporting documents.

   2.  The party requesting relief shall serve copies of its brief on all opposing parties together with a notice to file a responsive brief within twenty (20) days of service, and shall file proof of service of the notice.

   3.  Upon the failure of the party requesting relief to timely file and serve its brief, the Court may, sua sponte or upon petition of the opposing party, order the matter stricken from the argument list.

   4.  Rebuttal briefs may be filed only with the permission of the Court.

   B.  Responsibility of the Opposing Party.

   1.  Any party in opposition to the matter shall file an original and one copy of its responsive brief within twenty (20) days of service of the brief of the party requesting relief. Concurrently, the opposing party shall serve copies of its brief on the party requesting relief and any other opposing parties.

   2.  If an opposing party fails to file and serve its brief within the time period required, the Court may consider such failure to be a waiver of opposition and shall sua sponte, or upon petition of the party requesting relief, either [a] grant the relief requested, so long as such action does not result in dismissal of the case; or [b] exclude the opposing party from oral argument.

   C.  Scheduling Oral Argument.

   1.  Any party may schedule a case for argument on the next scheduled argument court date by the filing of a praecipe with the Prothonotary on or before the Thursday which is four weeks preceding the day for argument, and further provided that the praecipe scheduling the case for argument or submission certifies that all briefs have been filed or that the opposition brief has not been timely filed.

   2.  Any party scheduling a case for argument or submission shall give written notice thereof to all other parties within two (2) days, and shall certify such notice on the record. Failure to give such notice may be grounds for striking the case from the list.

   (iii.)  Listing By Agreement. The parties may agree in writing to add a cause to the Argument List at any time so long as service of briefs may be made in accordance with the time requirements of Section (ii.), supra. The Court may order a cause listed for Argument at the next scheduled Argument Court or on such other day as it may direct, and in that event, it may regulate the time for service of briefs.

   (iv.)  Fact Determination. When the ascertainment of facts is necessary for the proper disposition of a cause listed for Argument, such facts may be determined by deposition or as otherwise provided in the Pennsylvania Rules of Civil Procedure.

   (v.)  Oral Argument. The person seeking the Order applied for shall argue first, and may also argue in reply, if permitted by the Court, but such reply shall be limited to answering Arguments advanced by the respondent. In causes where there is more than one respondent, the order of Argument by the respondents shall be as directed by the Court.

   (vi.)  Briefs. Briefs shall conform to the requirements of 39th Jud. Dist. R.C.P. 210.

   (vii.)  Disposition By Briefs Alone or Upon Oral Argument. Oral argument may be dispensed with provided that there is agreement of the parties and approval of the Court. The Court reserves the right to require oral argument in any case.

   (viii.)  Striking Cases From the List. Cases may be continued or stricken from the argument list only pursuant to order of court. A party may request such an order of court by petition setting forth the basis for the request. Such petition must include certification regarding concurrence or non-concurrence of all other parties.

Case Name:  _____________________________________
Docket No.:  _____________________________________

Cover Sheet, Oral Argument on Preliminary Objections
Local Rule 1028(c)
(one copy to be filed by listing party; to be completed by Prothonotary,
and transmitted along with the Briefs to the assigned Judge)

		Date       Filed	Rule Reference
	Listing and Briefing of Cases
1.	Any party files Praecipe to list cause for argument	______	1028(c)(ii.)
2.	Party requesting relief files two copies of brief [not later than twenty (20) days after listing matter for argument]	______	1028(c)(ii.)(A)(1)
3.	Responding party files two copies of brief [not later than twenty (20) days after service of brief of party requesting relief]	______	1028(c)(ii.)(B)(1)
	Scheduling Oral Argument
4.	Party requesting relief or Responding party may file a Praecipe to schedule the case for oral argument [not later than Thursday which is four weeks preceding the date for oral argument]	______	1028(c)(ii.)(C)(1)
	Prothonotary shall check one:		1028(c)(ii.)(C)(1)
	*  all briefs have been filed
	*  opposition brief has not been timely filed
5.	Party scheduling case for oral argument certifies having given notice to other parties that matter has been scheduled for oral argument [not later than two (2) days after filing praecipe to schedule the case for oral argument]	______	1028(c)(ii.)(C)(2)
	Argument has been scheduled to be held on:   _________________
Exhibit A to Local Rule 1028(c)
(Revised 01-2005)

Rule 1034(a). Motions for Judgment on the Pleadings; Disposition.

   (i.)  Argument Court Calendar. Unless contradicted by other provisions of the rules, Motions for Judgment on the Pleadings shall follow the procedures set forth in Local Rule 206.4(c) and shall be disposed of as set forth in this rule. Except as otherwise provided by the Court, Arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the Argument shall be held on the next business day, and in the Fulton County Branch Arguments shall be held on days as established by the annual Court calendar.

   (ii.)  Listing and Briefing Cases. Causes for Argument shall be listed in the Prothonotary's office in a docket to be provided for that purpose. Any party may list a cause by the filing of a Praecipe directing the Prothonotary to list the cause for oral argument. The Praecipe shall be accompanied by a Cover Sheet substantially in the form set forth in Exhibit A, attached.

   A.  Responsibility of Party Requesting Relief.

   1.  Within twenty (20) days of the placing of any matter on the list for argument, the party requesting relief shall file an original and one copy of a supporting brief together with any supporting documents.

   2.  The party requesting relief shall serve copies of its brief on all opposing parties together with a notice to file a responsive brief within twenty (20) days of service, and shall file proof of service of the notice.

   3.  Upon the failure of the party requesting relief to timely file and serve its brief, the Court may, sua sponte or upon petition of the opposing party, order the matter stricken from the argument list.

   4.  Rebuttal briefs may be filed only with the permission of the Court.

   B.  Responsibility of the Opposing Party.

   1.  Any party in opposition to the matter shall file an original and one copy of its responsive brief within twenty (20) days of service of the party requesting relief's brief. Concurrently, the opposing party shall serve copies of its brief on the party requesting relief and any other opposing parties.

   2.  If an opposing party fails to file and serve its brief within the time period required, the Court may consider such failure to be a waiver of opposition and shall sua sponte, or upon petition of the party requesting relief, either [a] grant the relief requested, so long as such action does not result in dismissal of the case; or [b] exclude the opposing party from oral argument.

   C.  Scheduling Oral Argument.

   1.  Any party may schedule a case for argument on the next scheduled argument court date by the filing of a praecipe with the Prothonotary on or before the Thursday which is four weeks preceding the day for argument, and further provided that the praecipe scheduling the case for argument or submission certifies that all briefs have been filed or that the opposition brief has not been timely filed.

   2.  Any party scheduling a case for argument or submission shall give written notice thereof to all other parties within two (2) days, and shall certify such notice on the record. Failure to give such notice may be grounds for striking the case from the list.

   (iii.)  Listing By Agreement. The parties may agree in writing to add a cause to the Argument List at any time so long as service of briefs may be made in accordance with the time requirements of Section (ii.), supra. The Court may order a cause listed for Argument at the next scheduled Argument Court or on such other day as it may direct, and in that event, it may regulate the time for service of briefs.

   (iv.)  Fact Determination. When the ascertainment of facts is necessary for the proper disposition of a cause listed for Argument, such facts may be determined by deposition or as otherwise provided in the Pennsylvania Rules of Civil Procedure.

   (v.)  Oral Argument. The person seeking the Order applied for shall argue first, and may also argue in reply, if permitted by the Court, but such reply shall be limited to answering Arguments advanced by the respondent. In causes where there is more than one respondent, the order of Argument by the respondents shall be as directed by the Court.

   (vi.)  Briefs. Briefs shall conform to the requirements of 39th Jud. Dist. R.C.P. 210.

   (vii.)  Disposition By Briefs Alone or Upon Oral Argument. Oral argument may be dispensed with provided that there is agreement of the parties and approval of the Court. The Court reserves the right to require oral argument in any case.

   (viii.)  Striking Cases From the List. Cases may be continued or stricken from the argument list only pursuant to order of court. A party may request such an order of court by petition setting forth the basis for the request. Such petition must include certification regarding concurrence or non-concurrence of all other parties.

Case Name:  _____________________________________
Docket No.:  _____________________________________

Cover Sheet, Oral Argument on Preliminary Objections
Local Rule 1034(a)
(one copy to be filed by listing party; to be completed by Prothonotary,
and transmitted along with the Briefs to the assigned Judge)

		Date       Filed	Rule Reference
	Listing and Briefing of Cases
1.	Any party files Praecipe to list cause for argument	______	1034(a)(ii.)
2.	Party requesting relief files two copies of brief [not later than twenty (20) days after listing matter for argument]	______	034(a)(ii.)(A)(1)
3.	Responding party files two copies of brief [not later than twenty (20) days after service of brief of party requesting relief]	______	034(a)(ii.)(B)(1)
	Scheduling Oral Argument
4.	Party requesting relief or Responding party may file a Praecipe to schedule the case for oral argument [not later than Thursday which is four weeks preceding the date for oral argument]	______	034(a)(ii.)(C)(1)
	Prothonotary shall check one:		1034(a)(ii.)(C)(1)
	*  all briefs have been filed
	*  opposition brief has not been timely filed
5.	Party scheduling case for oral argument certifies having given notice to other parties that matter has been scheduled for oral argument [not later than two (2) days after filing praecipe to schedule the the case for oral argument]	______	1034(a)(ii.)(C)(2)
	Argument has been scheduled to be held on:   _________________
Exhibit A to Local Rule 1034(a)
(Revised 01-2005)

Rule 1035.2(a). Motions for Judgment on the Pleadings; Disposition.

   (i.)  Argument Court Calendar. Unless contradicted by other provisions of the rules, Motions for Summary Judgment shall follow the procedures set forth in Local Rule 206.4(c) and shall be disposed of as set forth in this rule. Except as otherwise provided by the Court, Arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the Argument shall be held on the next business day, and in the Fulton County Branch Arguments shall be held on days as established by the annual Court calendar.

   (ii.)  Listing and Briefing Cases. Summary judgment motions may be set down for disposition only after expiration of the thirty (30) days authorized by Pa.R.C.P. 1035.3(a) for the filing of a response to the motion. Causes for Argument shall be listed in the Prothonotary's office in a docket to be provided for that purpose. Any party may list a cause by the filing of a Praecipe directing the Prothonotary to list the cause for oral argument. The Praecipe shall be accompanied by a Cover Sheet substantially in the form set forth in Exhibit A, attached.

   A.  Responsibility of Moving Party.

   1.  Within twenty (20) days of the placing of any matter on the list for argument, the party requesting relief shall file an original and one copy of a supporting brief together with any affidavits, depositions, transcripts and other support supporting documents.

   2.  The party requesting relief shall serve copies of its brief on all opposing parties together with a notice to file a responsive brief within twenty (20) days of service, and shall file proof of service of the notice.

   3.  Upon the failure of the party requesting relief to timely file and serve its brief, the Court may, sua sponte or upon petition of the opposing party, order the matter stricken from the argument list.

   4.  Rebuttal briefs may be filed only with the permission of the Court.

   B.  Responsibility of the Opposing Party.

   1.  Any party in opposition to the matter shall file an original and one copy of its responsive brief within twenty (20) days of service of the party requesting relief's brief. Concurrently, the opposing party shall serve copies of its brief on the moving party and any other opposing parties.

   2.  If an opposing party fails to file and serve its brief within the time period required, the Court may consider such failure to be a waiver of opposition and shall sua sponte, or upon petition of the party requesting relief, either [a] grant the relief requested, so long as such action does not result in dismissal of the case; or [b] exclude the opposing party from oral argument.

   C.  Scheduling Oral Argument.

   1.  Any party may schedule a case for argument on the next scheduled argument court date by the filing of a praecipe with the Prothonotary on or before the Thursday which is four weeks preceding the day for argument, and further provided that the praecipe scheduling the case for argument or submission certifies that all briefs have been filed or that the opposition brief has not been timely filed.

   2.  Any party scheduling a case for argument or submission shall give written notice thereof to all other parties within two (2) days, and shall certify such notice on the record. Failure to give such notice may be grounds for striking the case from the list.

   (iii.)  Listing By Agreement. The parties may agree in writing to add a cause to the Argument List at any time so long as service of briefs may be made in accordance with the time requirements of Section (ii.), supra. The Court may order a cause listed for Argument at the next scheduled Argument Court or on such other day as it may direct, and in that event, it may regulate the time for service of briefs.

   (iv.)  Fact Determination. When the ascertainment of facts is necessary for the proper disposition of a cause listed for Argument, such facts may be determined by deposition or as otherwise provided in the Pennsylvania Rules of Civil Procedure.

   (v.)  Oral Argument. The person seeking the Order applied for shall argue first, and may also argue in reply, if permitted by the Court, but such reply shall be limited to answering Arguments advanced by the respondent. In causes where there is more than one respondent, the order of Argument by the respondents shall be as directed by the Court.

   (vi.)  Briefs. Briefs shall conform to the requirements of 39th Jud. Dist. R.C.P. 210.

   (vii.)  Disposition By Briefs Alone or Upon Oral Argument. Oral argument may be dispensed with provided that there is agreement of the parties and approval of the Court. The Court reserves the right to require oral argument in any case.

   (viii.)  Striking Cases From the List. Cases may be continued or stricken from the argument list only pursuant to order of court. A party may request such an order of court by petition setting forth the basis for the request. Such petition must include certification regarding concurrence or non-concurrence of all other parties.

Case Name:  _____________________________________
Docket No.:  _____________________________________

Cover Sheet, Oral Argument on Preliminary Objections
Local Rule 1035.2(a)
(one copy to be filed by listing party; to be completed by Prothonotary,
and transmitted along with the Briefs to the assigned Judge)

		Date       Filed	Rule Reference
	Listing and Briefing of Cases
1.	Any party files Praecipe to list cause for argument	______	1035.2(a)(ii.)
2.	Party requesting relief files two copies of brief [not later than twenty (20) days after listing matter for argument]	______	1035.2(a)(ii.)(A)(1)
3.	Responding party files two copies of brief [not later than twenty (20) days after service of brief of party requesting relief]	______	1035.2(a)(ii.)(B)(1)
	Scheduling Oral Argument
4.	Party requesting relief or Responding party may file a Praecipe to schedule the case for oral argument [not later than Thursday which is four weeks preceding the date for oral argument]	______	1035.2(a)(ii.)(C)(1)
	Prothonotary shall check one:		1035.2(a)(ii.)(C)(1)
	*  all briefs have been filed
	*  opposition brief has not been timely filed
5.	Party scheduling case for oral argument certifies having given notice to other parties that matter has been scheduled for oral argument [not later than two (2) days after filing praecipe to schedule the case for oral argument]	______	1035.2(a)(ii.)(C)(2)
	Argument has been scheduled to be held on:   _________________
Exhibit A to Local Rule 1035.2(a)
(Revised 01-2005)

[Pa.B. Doc. No. 05-317. Filed for public inspection February 18, 2005, 9:00 a.m.]

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