316 Order amending rules 208.3(a), 208.3(b), 1028(c), 1034(a) and 1035.2(a) of the rules of civil procedure; doc. No. 90014-2016

ERIE COUNTY

Order Amending Rules 208.3(a), 208.3(b), 1028(c), 1034(a) and 1035.2(a) of the Rules of Civil Procedure; Doc. No. 90014-2016

[46 Pa.B. 988]
[Saturday, February 27, 2016]

Order

 And Now, to wit, this 3rd day of February, 2016, and consistent with the recent amendments clarifying Pa.R.C.P. 211, it is hereby Ordered that Erie County Local Rules of Civil Procedure 208.3(a), 208.3(b), 1028(c), 1034(a), and 1035.2(a) are amended as follows (new language appears in bold; removed language appears bracketed and bold). In accordance with Pa.R.C.P. 239.8, these amendments shall be effective upon publication on the Pennsylvania Judiciary's Web Application Portal.

JOHN J. TRUCILLA, 
President Judge

Rule 208.3(a). Motions. Non-Dispositive. Procedures.

 (1) *  *  *

 (2) The original of any motion shall be filed with the Prothonotary and a copy thereof shall be provided to the assigned judge. If a judge has not yet been assigned, the party seeking to present a motion shall first submit a request for judicial assignment with the trial court administrator and obtain assignment to a judge to whom the motion shall be presented. (See Erie L.R. 302 with respect to the filing of requests for judicial assignment.) The judge to whom the case has been assigned [will] may schedule argument and, if granted, either notify all parties or advise the moving party to notify all other parties of the time, date and location of argument. (See Pa.R.C.P. 211, the granting of argument is discretionary with the Court.)

 (3) *  *  *

 (4) *  *  *

 (5) *  *  *

Rule 208.3(b). Motions. Non-Dispositive. Responses.

 With respect to any motion which is contested, a response shall be filed within twenty (20) days after service of the motion. All motions which are contested shall be accompanied by a rule to show cause for the scheduling of a hearing or argument as appropriate. Where no response is filed, the moving party shall notify the court and the motion shall be deemed to be uncontested and the Court may proceed to issue a ruling upon the motion. [Oral argument shall be scheduled by the Court unless the parties waive oral argument.] Oral argument is discretionary with the Court. Nothing set forth herein shall be deemed to limit the discretion of the Court to enter an order in accordance with Pa.R.C.P. 208.4 upon initial consideration of a motion.

Rule 1028(c). Preliminary Objections.

 1. *  *  *

 2. *  *  *

 3. After passage of the filing date for the non-moving party's brief, the assigned judge [shall] may schedule the matter for an argument on the preliminary objections[, unless all parties waive argument]. Notice of argument, if scheduled, shall be given by the court to each attorney of record and to unrepresented parties by United States mail facsimile transmission or personal delivery.

 4. *  *  *

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

 1. *  *  *

 2. *  *  *

 3. After the passage of the filing date for the non-moving party's brief, the assigned judge [shall] may schedule the matter for argument[, unless all parties waive argument]. Notice of argument, if scheduled, shall be given by the court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission or personal delivery.

 4. *  *  *

 (A) *  *  *

 (B) *  *  *

 (C) [Prohibit] If argument is granted, prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or

 (D) *  *  *

Rule 1035.2(a). Motion for Summary Judgment.

 1. Procedure for Filing Summary Judgment Motions.

 (A) *  *  *

 (B) *  *  *

 (i) *  *  *

 (ii) *  *  *

 (iii) [Prohibit] If argument is granted, prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or

 (iv) *  *  *

 2. Scheduling of Argument

 (A) There [shall] may be oral argument in accordance with Pa.R.C.P. No. 211[, unless all parties waive argument]. [Notice] If granted, notice of argument shall be given by the Court to each attorney of record and to unrepresented parties by United States mail, Facsimile transmission, or personal delivery.

 (B) After the passage of the filing date of the brief of the non-moving party, the Court [shall] may schedule argument on the motion with notice to all parties. [After argument, The] the Court shall notify the parties of its decision.

[Pa.B. Doc. No. 16-316. Filed for public inspection February 26, 2016, 9:00 a.m.]