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PA Bulletin, Doc. No. 98-1009

THE COURTS

Title 255--LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Rules; No. 1793 S 1989

[28 Pa.B. 2921]

Order

   And Now, this 10th day of June, 1998, it is hereby ordered that Dauphin County Local Rule of Civil Procedure 211 is amended as follows:

Rule 211.  Argument Court.

A.  Matters Considered

   (1)  Pre-trial matters, including preliminary objections, motions for summary judgment and judgment on the pleadings.

   (2)  Other matters, including petitions to open/strike judgment [and zoning appeals].

   (3)  Preliminary objections to the existence or exercise of jurisdiction or venue in any action brought under the Domestic Relations code (23 Pa.C.S.) shall be assigned to a judge for disposition in accordance with Dauphin County Local Rule of Civil Procedure 215.2.

B.  Organization of the Court

   (1)  All matters for argument shall be heard by the court at the time scheduled on the court calendar for common pleas argument court. There shall be six argument courts in each calendar year, each of two days duration. The argument court shall be heard by a panel of three judges, with the senior judge on each panel presiding.

   (2)  After the last day to list cases for a session of argument court, the Prothonotary shall promptly deliver all papers to the Court Administrator's Office.

   (3)  The panel shall hear only those cases where the briefs, record and other supporting documents demonstrate that argument before the panel is necessary to resolve the issue(s) before the court. All other cases shall be assigned to individual judges on the panel.

   [(3)  The Court Administrator's Office shall prepare an argument list which shall be available in that office at least 15 days prior to the call of the list.]

   (4)  The Court Administrator's Office shall prepare lists designating cases assigned to the panel and those assigned to an individual judge. The lists will be mailed to all counsel and will also be available in the Court Administrator's Office at least fifteen (15) days prior to the scheduled argument court session.

   [(4)  The call of the list by the presiding judge shall be at 9:00 a.m. on the Friday immediately preceding argument court. Cases not answered shall be presumed for argument.]

C.  Listing and Briefing Cases

   (1)  Moving party

   (a)  Within 20 days of the filing of any matter, the moving party shall file one original and three copies of a supporting brief together with affidavits, depositions, transcripts, or other supporting documents.

   (b)  The moving party shall serve copies of its brief on all opposing parties together with a notice to file a responsive brief within 20 days of service.

   (c)  Upon the failure of the moving party to timely file and serve its brief, the court may sua sponte, or upon petition of the opposing party, order the matter withdrawn with prejudice.

   (2)  Opposition Party

   (a)  Any party in opposition to the matter shall file one original and three copies of its responsive brief within 20 days of service of the moving party's brief. An additional copy shall be served on the moving party.

   (b)  If an opposition 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 moving party, either 1)  grant the relief requested, so long as such action does not result in dismissal of the case; or 2)  exclude the opposition party from oral argument.

   (3)  Any party may list a case for argument by the filing of a praecipe with the Prothonotary at least four weeks prior to the first day of any argument court session, and provided further that

   (a)  all briefs have been filed, or

   (b)  the opposition brief has not been timely filed.

   (4)  Any party listing a case for argument shall give written notice thereof to all other parties within two days. Failure to give such notice may be grounds for striking the case from the list.

D.  General Provisions

   (1)  Upon agreement of counsel [and with consent of the court], cases [on the argument court list] may be submitted on briefs and determined by the court without oral argument. The moving party shall notify the Court Administrator's Office of such agreement in writing no later than five days prior to the scheduled argument.

   (2)  Briefs shall refer specifically to those portions of the record relied upon. When opinions or decrees of this court are cited, briefs shall set forth the Dauphin County Reporter citation, and note if appeals were taken.

   [3  The brief of the moving party shall contain a procedural history of the case, a statement of facts, a statement of questions involved, and argument. The brief of the opposing party need not contain a procedural history of the case. The brief of each party, if more than fifteen (15) pages in length, shall contain an Index and a Table of Citations of cases and statutes therein, with references to the page at which they appear in the brief.]

   (3)(a)  The brief of the moving party shall contain the following:

   (1)(i)  a concise statement setting forth the reasons why oral argument is necessary and whether the matter should be assigned to the panel or an individual judge for disposition; or (ii)  a statement waiving oral argument;

   (2)  a procedural history of the case;

   (3)  a statement of facts;

   (4)  a statement of questions involved; and

   (5)  legal discussion.

   (b)  The brief of the opposing party need not contain a procedural history of the case but may contain a concise statement setting forth why oral argument is necessary to resolve the issues before the court, and whether the matter should be assigned to the panel or to an individual judge for disposition.

   (c)  The brief of each party, if more than fifteen (15) pages in length, shall contain an Index and a Table of Citations of cases and statutes therein, with reference to the page at which they appear in the brief.

   [(4)  Reply briefs may be filed only with permission of the court.]

   (4)  The moving party may file an original and three copies of a reply brief within ten (10) days after service of the opposing party's brief. No further briefs may be filed without leave of court.

   (5)  Requests for findings of fact and exceptions to findings of fact in proceedings at law or in equity shall refer specifically to those portions of the record relied upon.

Comment

   This revision is part of the Court's continuing effort to improve both allocation of argument/research time and the speed of dispositions. It will encourage the submission of matters on briefs, thus saving counsel's time. It will also enable the Court to focus its panel time on cases with novel, complex or dispositive issues.

   Under this revision counsel may request oral argument but must delineate reasons therefor. The delineation is to be the first issue addressed in the brief. The delineation will assist counsel in focusing on whether oral argument is essential and whether a three judge panel's insight is necessary. It will also help the Court make its panel/individual judge assignment.

   After the last day to list for a given session, the Court Administrator's Office will prepare lists as directed by the Court, scheduling cases for the panel session and the individual judge sessions. It is envisioned that the panel session will take place the first morning of the first day of argument, with the individual judges' sessions to take place in the afternoon and the following day, if necessary.

   This revision also eliminates the call of the list, the Court having determined that the call has become an unnecessary imposition on counsel's and the Court's schedules. Counsel experiencing a problem can notify the Court Administrator's Office to arrange resolution thereof.

   These amendments shall be effective thirty (30) days after publication in the Pennsylvania Bulletin and shall control the format of argument court sessions beginning September, 1998.

By the Court

CLARENCE C. MORRISON,   
President Judge

[Pa.B. Doc. No. 98-1009. Filed for public inspection June 26, 1998, 9:00 a.m.]


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