THE COURTS
Title 231--RULES
OF CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CHS. 200 AND 1000]
Technical Amendment of Rule 239.8, the Notes to Rules 205.2, 206.1, 206.4, 208.2, 208.3, 210, 1028, 1034, and 1035.2, and the Explanatory Comment--2003 to Rule 239; No. 444 Civil Procedural Rules; Doc. No. 5
[35 Pa.B. 6318]
Order Per Curiam:
And Now, this 2nd day of November, 2005, Pennsylvania Rule of Civil Procedure 239.8, the notes to Rules 205.2, 206.1, 206.4, 208.2, 208.3, 210, 1028, 1034, and 1035.2, and the Explanatory Comment--2003 to Rule 239 are amended to read as follows.
Whereas prior distribution and publication of these amendments would otherwise be required, it has been determined that the amendments are of a perfunctory nature and that immediate promulgation is required in the interests of justice and efficient administration.
This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 200. BUSINESS OF COURTS Rule 205.2. Filing Legal Papers with the Prothonotary.
* * * * * Official Note:
* * * * * Any local rule which has been promulgated must be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
Rule 206.1. Petition. Definition. Content. Form.
(a) As used in this chapter, ''petition'' means
* * * * * (2) any other application which is designated by local rule, numbered Local Rule 206.1(a), to be governed by Rule 206.1 et seq.
Official Note:
* * * * * Rule 206.1(a)(2) authorizes each court of common pleas to designate applications which are to proceed in the manner of a petition under Rule 206.1 et seq. Rule 239.2(a) requires each court which has made that designation to promulgate a local rule, numbered Local Rule 206.1(a), listing the applications to be determined pursuant to Rule 206.1 et seq. Any local rule which has been promulgated must be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
* * * * * Rule 206.4. Rule to Show Cause. Alternative Procedures.
* * * * * Official Note: Subdivisions (b) through (e) of Rule 239.2 require every court to promulgate Local Rule 206.4(c) describing the court's procedures for the issuance of a rule to show cause. Local Rule 206.4(c) shall be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
Rule 208.2. Motion. Form. Content.
* * * * * Official Note:
* * * * * Any local rule which has been promulgated must be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
Rule 208.3. Alternative Procedures.
(a) Except as otherwise provided by subdivision (b), the court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the other parties to the proceeding are given an opportunity for an argument.
Official Note:
* * * * * Rule 239.3(d) requires every court to promulgate Local Rule 208.3(a) describing the local court procedure governing motions under this rule. Local Rule 208.3(a) shall be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
(b) A court, by local rule, numbered Local Rule 208.3(b), may impose requirements with respect to motions listed in the rule for the filing of a response, a brief or both. Where a response is required, any party opposing a motion governed by Local Rule 208.3(b) shall file the response within twenty days after service of the motion, unless the time for filing the response is modified by court order or enlarged by local rule.
Official Note:
* * * * * Any local rule promulgated must be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal. pacourts.us).
Rule 210. Form of Briefs.
* * * * * Official Note: Rule 239.4 authorizes each court of common pleas to impose additional requirements governing the form and content of a brief. Rule 239.4 requires each court which has imposed such requirements to promulgate a local rule, numbered Local Rule 210, listing the requirements. Any local rule which has been promulgated must be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
Rule 239. Local Rules.
* * * * *
Explanatory Comment--2003 I. Statewide Practice of Law
The primary obstacle to the statewide practice of law has been the inability of lawyers to learn how each court of common pleas actually operates, particularly with respect to pre-trial applications. New Rules 239.1 through 239.8 [and the amendment to Rule 239 adding new subdivision (c)(7)] will eliminate this obstacle through three requirements: (1) the promulgation of local rules which describe the steps that litigants must take to have pre-trial matters decided, (2) the use of a standardized numbering system for the local rules, and (3) the publication of the local rules on the [web site of the Administrative Office of Pennsylvania Courts (AOPC)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
The new rules enable a litigant to obtain the details of a local practice from the [AOPC web site] Web Application Portal by referring to the particular county and the number of the local rule for a specific procedure. For example, new Rule 239.3(c) provides that a court may require any motion relating to discovery to include a certification that counsel has conferred with all interested parties in order to resolve the matter without court action. A common pleas court, which requires such certification, must promulgate a local rule, numbered Local Rule 208.2(e), describing its requirement. Consequently, a litigant can learn from the [AOPC web site] Web Application Portal whether a particular court has promulgated Local Rule 208.2(e) and, if so, the requirements of that rule.
Rule 239.8. Local Rules. Promulgation. Publication. Effective Date.
(a) Local rules required by Rules 239.2, 239.3, 239.5, 239.6 and 239.7 shall be promulgated not later than nine months following the date of the Order of the Supreme Court promulgating this rule.
Official Note:
* * * * * Local requirements under Rules 239.1 through 239.7 are not effective and enforceable unless local rules are published on the [web site of the Administrative Office of Pennsylvania Courts] Pennsylvania Judiciary's Web Application Portal (http://ujsportal. pacourts.us). See subdivision (c) of this rule.
(b) The court promulgating a local rule or an amendment to a local rule pursuant to Rules 239.1 through 239.7 shall transmit a copy to the Civil Procedural Rules Committee which shall then forward a copy to the Administrative Office of Pennsylvania Courts (AOPC) for publication on the [AOPC web site] Pennsylvania Judiciary's Web Application Portal.
Official Note:
* * * * * The Committee may, of necessity arising from judicial automation, direct the court promulgating a local rule or amendment to transmit it to the AOPC or take other action to effect publication on the [AOPC web site] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
(c) To be effective and enforceable, a local rule or an amendment to a local rule promulgated pursuant to Rules 239.1 through 239.7 shall be
* * * * * (2) published on the [web site of the Administrative Office of Pennsylvania Courts] Pennsylvania Judiciary's Web Application Portal, and
Official Note: The [Administrative Office of Pennsylvania Courts (AOPC)] Pennsylvania Judiciary maintains a web page at http://ujsportal.pacourts.us/ containing the texts of local rules promulgated pursuant to Rules 239.1 through 239.7.
* * * * * (d) A local rule or amendment promulgated pursuant to Rules 239.1 through 239.7 shall become effective upon publication on the [web site of the Administrative Office Pennsylvania Courts] Pennsylvania Judiciary's Web Application Portal.
CHAPTER 1000. ACTIONS
Subchapter A. CIVIL ACTION
PLEADINGS Rule 1028. Preliminary Objections.
* * * * * (c)(1) A party may file an amended pleading as of course within twenty days after service of a copy of preliminary objections. If a party has filed an amended pleading as of course, the preliminary objections to the original pleading shall be deemed moot.
(2) The court shall determine promptly all preliminary objections. If an issue of fact is raised, the court shall consider evidence by depositions or otherwise.
Official Note:
* * * * * Rule 239.5 requires every court to promulgate Local Rule 1028(c) describing the local court procedure governing preliminary objections. Local Rule 1028(c) shall be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
* * * * * Rule 1034. Motion for Judgment on the Pleadings.
(a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.
Official Note:
* * * * * Rule 239.6 requires every court to promulgate Local Rule 1034(a) describing the local court procedure governing motions for judgment on the pleadings. Local Rule 1034(a) shall be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
* * * * * Rule 1035.2. Motion.
* * * * * Official Note:
* * * * * Rule 239.7 requires every court to promulgate Local Rule 1035.2(a) describing the local court procedure governing motions for summary judgment. Local Rule 1035.2(a) shall be published on the [web site of the Administrative Office of Pennsylvania Courts (www.aopc.org)] Pennsylvania Judiciary's Web Application Portal (http://ujsportal.pacourts.us).
[Pa.B. Doc. No. 05-2117. Filed for public inspection November 18, 2005, 9:00 a.m.]
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