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PA Bulletin, Doc. No. 09-354

Title 255--LOCAL
COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules 210, 211, 1028, 1034 and 1035.2; No. 1793 S 1989

Order

   And Now, this 17th day of February 2009, Dauphin County Local Rules of Civil Procedure are promulgated or amended as follows:

Rule 210--Form and Content of Briefs

   (1)  Briefs shall contain the following:

   (a)  a full and accurate procedural history of the case;

   (b)  a full, accurate and unbiased statement of the facts;

   (c)  a concise statement of the pertinent legal and factual question(s) involved;

   (d)  a legal discussion, with accurate and verified citations to legal authority, including contra authority; and

   (e)  a concise statement indicating the requested relief and its specific application to the facts of the case[; and].

   [(f)  a concise statement setting forth the reasons why oral argument is believed to be necessary or, in the alternative, a statement waiving oral argument.]

   (2)  The Brief of each party, if more than fifteen pages in length, shall contain an Index and a Table of Citation of cases and statutes with reference to the page(s) at which they appear in the Brief. All citations must be verified and brought current to the date of filing.

   (3)  No Reply Briefs shall be filed unless otherwise directed by the Assigned Judge.

Rule 211--Oral Argument

   Any party has a right to argue any motion, and the Court may require oral argument. If desired by any party involved in a motion, an oral argument request must be so noted on the Certificate of Readiness. If the party filing the Certificate of Readiness does not desire oral argument, counsel or that party if unrepresented shall inquire if any other party filing a brief wishes to present oral argument. By filing a completed Certificate of Readiness, counsel or an unrepresented party certifies that said inquiry has been made and that the wishes of all interested parties are accurately reflected.

Rule 1028(c)--Preliminary Objections--Procedures for Disposition

   (1)  Preliminary Objections shall be filed with the Prothonotary and served on all other parties.

   (2)  Any response shall be filed within twenty days after service of the Preliminary Objections.

   (3)  A brief in support shall be filed within forty days after service of the Preliminary Objections.

   (4)  A brief in opposition shall be filed twenty days after service of the brief in support of the Preliminary Objections.

   (5)  [All briefs shall contain a statement as to whether oral argument is requested. If oral argument is not requested by either party, it is deemed waived and the Preliminary Objections will be decided on briefs] Oral argument may be requested as set forth in Local Rule 211.

   (6)  The Preliminary Objections are ready for assignment to a judge when the briefing requirements set forth above are met or the time permitted for the filing of briefs has elapsed. At that point, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.

   (7)  The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain the copy in the file.

   (8)  The Court Administrator's Office, under the direction and supervision of the Civil Calendar Judge, shall promptly assign the Preliminary Objections to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.

   (9)  The Assigned Judge shall issue a scheduling order, which will include any additional briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the Preliminary Objections to the Court Administrator's Office for distribution to the assigned judge. No cover letter is necessary.

   (10)  If a party requests that discovery is necessary for the disposition of the Preliminary Objections, said request shall be contained in the Preliminary [Objection] Objections or in the answer thereto. The Assigned Judge shall dispose of this request in the scheduling order.

   (11)  The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County web site www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.

   Comment:  If a party determines that discovery is necessary before the disposition of the Preliminary Objections, a party should file an Administrative Application for a Status Conference and request that a scheduling order be issued which includes discovery deadlines. Rule 1028(c) was amended to provide time frames for response(s) and briefs. A Certificate of Readiness may be filed after the response(s) and briefs have been filed or at the expiration of the time lines contained in this rule. The purpose of the amendment is to provide for the assignment of the matter to a judge when the matter is ready for disposition.

Rule 1034(a)--Motion for Judgment on the Pleadings--Procedures for Disposition

   (1)  The Motion for Judgment on the Pleadings shall be filed with the Prothonotary and served on all other parties.

   (2)  A response shall be filed within twenty days after service of the Motion for Judgment on the Pleadings.

   (3)  A brief in support shall be filed within twenty days after service of the response.

   (4)  A brief in opposition shall be filed within twenty days after service of the brief in support.

   (5)  [All briefs shall contain a statement as to whether oral argument is requested. If oral argument is not requested by either party, it is deemed waived and the Motion for Judgment on the Pleadings will be decided on briefs] Oral argument may be requested as set forth in Local Rule 211.

   (6)  The Motion for Judgment on the Pleadings is ready for assignment to a judge when the briefing requirements set forth above are met or the time permitted for the filing of briefs has elapsed. At that point, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.

   (7)  The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain the copy in the file.

   (8)  The Court Administrator's Office shall promptly assign the Motion for Judgment on the Pleadings to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.

   (9)  The Assigned Judge shall issue a scheduling order, which will include any additional briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the Motion for Judgment on the Pleadings to the Court Administrator's Office for distribution to the assigned judge. No cover letter is necessary.

   (10)  The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County web site (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.

   Comment:  Rule 1034(a) was amended to provide time frames for response(s) and briefs. A Certificate of Readiness may be filed after the response(s) and briefs have been filed or at the expiration of the time lines contained in this rule. The purpose of the amendment is to provide for the assignment of the matter to a judge when the matter is ready for disposition.

Rule 1035.2(a)--Motion for Summary Judgment--Procedures for Disposition

   (1)  A Motion for Summary Judgment shall be filed with the Prothonotary and served on all other parties.

   (2)  A response to the Motion for Summary Judgment shall be filed within thirty days after service of the Motion for Summary Judgment.

   (3)  A brief in support shall be filed within twenty days after service of the response to the Motion for Summary Judgment.

   (4)  A brief in opposition shall be filed within twenty days after service of the brief in support of the Motion for Summary Judgment.

   (5)  [All briefs shall contain a statement as to whether oral argument is requested. If oral argument is not requested by any party, it is deemed waived and the Motion for Summary Judgment will be decided on briefs] Oral argument may be requested as set forth in Local Rule 211.

   (6)  The Motion for Summary Judgment is ready for assignment to a judge when the briefing requirements set forth above are met or the time permitted for the filing of briefs has elapsed. When said requirements are met, either party may file an original and one copy of a Certificate of Readiness with the Prothonotary.

   (7)  The Prothonotary shall forward the original Certificate of Readiness to the Court Administrator's Office and retain a copy in the file.

   (8)  The Court Administrator's Office shall promptly assign the Motion for Summary Judgment to a judge who has had prior significant involvement with the case or, if no judge has had prior significant involvement, to a judge on a rotating basis.

   (9)  The Assigned Judge shall issue a scheduling order, which will include any additional briefing requirements and an argument date (if necessary). If the Assigned Judge determines that argument is advisable before a three-judge panel, the Assigned Judge and the Court Administrator's Office will make the necessary scheduling arrangements for such panel argument. Parties shall provide a copy of all subsequent pleadings, filings, briefs and memoranda related to the Motion for Summary Judgment to the Court Administrator's Office for distribution to the assigned judge. No cover letter is required.

   (10)  The Certificate of Readiness form is available in the Prothonotary's Office, in the Court Administrator's Office and online at the Dauphin County web site (www.dauphincounty.org). Parties filing a Certificate of Readiness form must ensure that the most current form is utilized. Failure to utilize the most current form shall result in the rejection of the Certificate of Readiness.

   Comment:  Rule 1035.2(a) was amended to provide time frames for response(s) and briefs. A Certificate of Readiness may be filed after the response(s) and briefs have been filed or at the expiration of the time lines contained in this rule. The purpose of the amendment is to provide for the assignment of the matter to a judge when the matter is ready for disposition.

   The promulgation of Rule 211 shall be effective thirty (30) days after publication in the Pennsylvania Bulletin. The amendments to Rules 210, 1028(c), 1034(a) and 1035.2(a) shall be effective upon posting on the UJS portal.

By the Court

RICHARD A. LEWIS,   
President Judge

[Pa.B. Doc. No. 09-354. Filed for public inspection February 27, 2009, 9:00 a.m.]


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