Rule 239.5. Preliminary Objections. Local Rule 1028(c).
(a) Every court shall promulgate a local rule, numbered Local Rule 1028(c), which describes the court’s procedures for the disposition of preliminary objections and which
(1) shall set forth the manner in which preliminary objections are scheduled, argued and decided, and
(2) may impose requirements upon a party to
(i) transmit the original and/or copies of the preliminary objections and related legal papers to a judge or other court personnel,
(ii) notify other parties of the date, time and location of a court proceeding, and
(iii) file briefs.
Official Note
Under Rules 1026 and 1029, an answer to preliminary objections shall be filed within twenty days after service of the preliminary objection whenever preliminary objections raise issues of fact and are endorsed with a notice to plead. This requirement shall not be altered by a local rule.
(b) This rule shall not apply to family law actions governed by Rules 1901 through 1940.9 or actions pursuant to the Eminent Domain Code of 1964.
Source The provisions of this Rule 239.5 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.
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