406 Amendment of local rules of civil procedure CARB.R.C.P. 1028(c) preliminary objections, CARB.R.C.P. 1034(a) motion for judgment on the pleadings and CARB.R.C.P. 1035.2(a) motion for summary judgment; No. 16-0382

CARBON COUNTY

Amendment of Local Rules of Civil Procedure CARB.R.C.P. 1028(c) Preliminary Objections, CARB.R.C.P. 1034(a) Motion for Judgment on the Pleadings and CARB.R.C.P. 1035.2(a) Motion for Summary Judgment; No. 16-0382

[46 Pa.B. 1311]
[Saturday, March 12, 2016]

Administrative Order No. 8-2016

 And Now, this 24th day of February, 2016, it is hereby

 Ordered and Decreed that, effective April 1, 2016, the Carbon County Court of Common Pleas Amends Carbon County Rules of Civil Procedure CARB.R.C.P. 1028(c) governing Preliminary Objections, Carbon County Rule of Civil Procedure CARB.R.C.P. 1034(a) governing a Motion for Judgment on the Pleadings, and Carbon County Rule of Civil Procedure CARB.R.C.P. 1035.2(a) governing a Motion for Summary Judgment.

 The Carbon County District Court Administrator is Ordered and Directed to

 1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish the Rules on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 4. File one (1) certified copy with the Civil Procedural Rules Committee.

 5. Forward one (1) copy for publication in the Carbon County Law Journal.

 6. Forward one (1) copy to the Carbon County Law Library.

 7. Keep continuously available for public inspection copies of the Administrative Order and Rules in the Prothonotary's Office.

By the Court

ROGER N. NANOVIC, 
President Judge

Rule 1028(c). Preliminary Objections.

 1 A proposed order shall be attached to all preliminary objections.

 2 The moving party shall simultaneously file a brief in support of the preliminary objections. See CARB.R.C.P. 210 for form, content of brief, service and filing requirements.

 3 The adverse party shall file an answer when endorsed with a Notice to Plead.

 4 If an amended pleading is not filed within twenty (20) days of service of the preliminary objections, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or be filed by the respondent within twenty (20) days of service of the preliminary objections. A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of argument, if so ordered by the Judge. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

 5 If the Preliminary Objections raise issues of fact not of record, evidence by way of depositions or otherwise shall be filed of record to enable the objections to be properly decided.

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

 1 A party moving for judgment on the pleadings shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with Pa.R.C.P. 208.2(a)(5) shall be attached to the motion. Pa.R.C.P. 440 governs service. Service shall be required on the District Court Administrator. For form of briefs, see CARB.R.C.P. 210.

 2 A response shall be filed within twenty (20) days after service of the motion.

 3 If a party desires argument, a Praecipe for Argument shall accompany the motion or response. However, the Court may dispose of any motion without oral argument.

 4 A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

 5 A party who fails to respond to the motion may be deemed to have no opposition to its grant.

 6 A party who fails to file a brief shall not be permitted to argue.

Rule 1035.2(a).  Motion for Summary Judgment.

 1 A party moving for summary judgment shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with Pa.R.C.P. 208.2(a)(5) shall be attached to the motion. Pa.R.C.P. 440 governs service. Service shall be required on the District Court Administrator. For form of briefs, see CARB.R.C.P. 210.

 2 Any party opposing the motion shall file a response within thirty (30) days of service of the motion, together with a certificate of service evidencing service in accordance with number one above. Service shall be required on the District Court Administrator. A party who fails to respond to the motion shall be deemed to be unopposed to the granting of the motion without contest.

 3 Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge orders that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response. However, the Court may dispose of any motion without oral argument.

 4 A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge or requested by the filing of the Praecipe for Argument. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

 5 A party who fails to file a brief shall not be permitted to argue.

[Pa.B. Doc. No. 16-406. Filed for public inspection March 11, 2016, 9:00 a.m.]