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PA Bulletin, Doc. No. 16-1716

THE COURTS

CUMBERLAND COUNTY

Rules of the Court of Common Pleas; Local Rules 1996-1335

[46 Pa.B. 6298]
[Saturday, October 8, 2016]

Order of Court

 And Now, this 19th day of September, 2016, effective November 11, 2016, or thirty (30) days after publication in the Pennsylvania Bulletin, whichever is later, Cumberland County Local Rules 1028(c), 1034(a) and 1035.2(a) are rescinded and replaced in the following form.

 Pursuant to R.J.A. 103(d), the Court Administrator is directed to distribute two (2) paper copies of the rules and a copy on a computer diskette, CD-ROM, or other agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b) to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, file one (1) copy of the rules with the Administrative Office of Pennsylvania Courts, publish a copy of the rules on the county website, incorporate the rules in the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin, and forward one (1) copy to the Cumberland Law Journal.

 The rules shall be kept continuously available for public inspection and copying in the office of the prothonotary and on the county website.

By the Court

EDWARD E. GUIDO, 
President Judge

Rule 1028(c). Preliminary Objections.

 All preliminary objections shall be filed with the Cumberland County Prothonotary's Office. Thereafter, the issues raised will be disposed of at regular sessions of argument court, which shall be scheduled as part of the annual court calendar. The procedure for disposition of matters at argument court shall be as follows:

 1) The Prothonotary shall maintain the argument court list.

 2) A case shall be listed by filing a praecipe, in duplicate, with the Prothonotary. The party listing the case for argument shall serve a copy of the praecipe on all counsel and any unrepresented party.

 3) A case may be listed for argument either after all briefing requirements are met or the time for the briefing schedule has elapsed, whichever occurs first. A brief with two copies, containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be filed with the Prothonotary concurrently with the preliminary objections. The objecting party shall furnish the briefs and serve a copy of the brief upon opposing counsel and any unrepresented party. The responding party shall furnish briefs in a similar manner within twenty (20) days of the date of service of the objecting party's brief. Argument may be denied to any party who fails to comply with the filing requirements of this paragraph. If the party seeking the order has not filed a timely brief in accordance with this rule, the Court may deny the relief sought on that basis alone.

 4) The argument list shall be closed twenty (20) days prior to the date for argument. The list shall then be prepared by the Prothonotary and the cases shall be set out in order of their listing. Upon the closing of the argument list, the Prothonotary shall furnish notification to all attorneys and unrepresented parties, who have cases listed for argument, of the listing by regular mail.

 5) One week prior to argument, the Court Administrator, at the direction of the President Judge, shall prepare the final list of cases to be argued before either a single judge or an en banc panel of two judges, or three judges. The list of assigned cases shall be listed in the Prothonotary's Office and the Law Library six (6) days prior to the date for argument.

 6) Issues raised, but not briefed, shall be deemed abandoned.

 7) References in any brief to parts of the record appearing in a reproduced record shall be to the pages and the lines in the reproduced record where said parts appear, e.g., ''(r. pg. 30 l. 15).'' If references are made in the briefs to parts of the original record not reproduced, the references shall be to the parts of the record involved, e.g., ''(Answer p. 7),'' ''(Motion for Summary Judgment p. 2).''

 8) Counsel or any party presenting oral argument shall be limited to fifteen (15) minutes unless prior permission is granted to extend argument in a complex case.

 9) Prior approval of the Court must be obtained to present cases only on briefs. Any request is to be made to the Court Administrator no later than five (5) days prior to argument. Cases submitted for argument on briefs are subject to the briefing schedule set forth in paragraph (5).

 10) Briefs will be retained by the Prothonotary and will be on the record.

 11) All agreements for continuances and/or withdrawals shall be communicated to the Court Administrator no later than seven (7) days prior to argument court.

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

 Motions for judgment on the pleadings shall be filed with the Cumberland County Prothonotary's Office and disposed of in the same manner as preliminary objections in accordance with Rule 1028(c).

Rule 1035.2(a). Motions for Summary Judgment.

 All motions for summary judgment shall be filed with the Cumberland County Prothonotary's Office and disposed of in the same manner as preliminary objections in accordance with Rule 1028(c).

 Note: The foregoing rules 206.1, 206.4(c), 208.2(d), 208.3(a), 1028(c), 1034(a) and 1035.2(a) are promulgated pursuant to Pa.R.C.P. 239.1 et seq. These Supreme Court Rules require that courts of common pleas adopt rules with respect to motions practice. The foregoing local rules retain current practices and are, to a large extent, existing rules renumbered and reconfigured in accordance with the requirements of the Pennsylvania Supreme Court. These rules are derived from and also rescind existing Cumberland County rules 205-1, 206-1 through 209-2, 210-1 through 210-14, 227.1-1, 227.1-2, and 4001-1.

 1028(c)(5) amended February 3, 2011, effective February 3, 2011

 1028(c)(5) amended July 27, 2011, effective July 27, 2011

 1028(c) amended September 16, 2016, effective November 11, 2016.

[Pa.B. Doc. No. 16-1716. Filed for public inspection October 7, 2016, 9:00 a.m.]


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