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PA Bulletin, Doc. No. 96-1628

THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Amended Rule of Civil Procedure: Argument List--Procedure and Briefs; No. 951R000066

[26 Pa.B. 4637]

Order

   Now, this 20th day of May, 1996, the court hereby adopts the following Beaver County Rule of Civil Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of the Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedure Rules Committee and one (1) copy to the Beaver County Law Journal for publication in the next issue of the Beaver County Law Journal.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.

By the Court

ROBERT C. REED,   
President Judge

Rule L211C.  Argument List--Procedure and Briefs.

   (1)  Argument lists shall include all matters to be argued before the court. Such matters shall be placed on the argument list by praecipe filed with the Prothonotary and the Court Administrator at least one (1) month before the requested argument court date, with notice in writing to the opposing party or counsel and to all other parties of record or their counsel. In addition, the Court Administrator will place on the argument list without praecipe any matters continued from previous argument lists.

   (2)  Where a moving party files a praecipe for argument, that party shall, at the same time, file a brief with the Court Administrator and serve it. The case will not be listed for argument until the moving party's brief has been filed.

   When the moving party's brief has been filed and the case listed, any responding party shall file a reply brief at least ten (10) days before the argument date. The court, in its discretion, may prohibit a responding party which has not filed a timely brief from presenting oral argument, or it may impose other sanctions.

   Any issue which has not been raised and discussed in a timely-filed brief may be deemed absolutely to have been waived.

   (3)  Where a responding party files a praecipe for argument, or if the court places a matter on the argument list, the moving party shall file a brief with the Court Administrator and serve it at least twenty (20) days before the argument date. If the moving party fails to file a timely brief, the court may, on its own motion, deny the relief which the moving party has sought or impose other sanctions.

   Where the responding party has listed the case and the moving party has filed and served a timely brief, the responding party shall file a reply brief with the Court Administrator, and serve it, at least ten (10) days before the argument date. If the responding party fails to file a timely brief, the court in its discretion may prohibit that party from presenting oral argument on the date of argument or it may impose other sanctions.

   (4)  The Court Administrator shall, immediately after the last day for filing a praecipe for the next argument list, prepare a list of all cases to be included on the next argument list. The Court Administrator shall schedule all cases for argument and cause the list and schedule to be published in the Beaver County Legal Journal. Copies of the list and schedule shall be made available to counsel and any unrepresented parties.

   (5)  Two (2) copies of any brief shall be filed with the Court Administrator, unless the case is before the court en banc, in which four (4) copies shall be filed.

   (6)  Each party will be allowed fifteen (15) minutes to present oral argument. The time allowed for-argument shall be subject to extension or limitation in the discretion of the court.

   (7)  No argument will be continued except by order of court for cause shown, after notice and motion pursuant to Local Rule L206.

[Pa.B. Doc. No. 96-1628. Filed for public inspection September 27, 1996, 9:00 a.m.]


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