Title 255--LOCAL COURT RULES SCHUYLKILL COUNTY Amendments to Rules of Civil Procedure [28 Pa.B. 1939] And Now, this 9th day of April, 1998, at 9:10 a.m., the Court hereby amends Schuylkill County Civil Rules of Procedure 206A(a) and (e), Rule 211 and Rule 1035 for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty days after publication in the Pennsylvania Bulletin.
The Prothonotary of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3) File one (1) certified copy of this Order and Rule with the Pennsylvania Civil Procedural Rules Committee.
4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rule.
By the Court
WILLIAM E. BALDWIN,
President JudgeRule 206A. Motions.
(a) All motions or petitions for appointment, and for all miscellaneous matters, shall be governed by this rule. Motion for judgment of non pros shall follow petition practice and comply with PA State Rule 206.6.
(e) Every motion not certified as uncontested shall be accompanied by a memorandum containing a concise statement of the legal contentions and authorities relied upon in support of the motion and an affidavit of service upon the party against whom relief is sought, or to his attorney. Any party opposing the motion shall file and serve such answer or other response that may be appropriate, a memorandum in opposition, and an affidavit of service upon the other party within twenty (20) days after service of the originating motion and supporting brief, unless the Pennsylvania Rules of Civil Procedure mandate a period of time different than twenty (20) days. In the absence of timely response, the motion may be treated as uncontested. The Court may require or permit further briefing, if appropriate.
Rule 211. Argument/Oral Argument.
Unless otherwise requested by counsel in writing all matters will be decided based upon the written arguments set forth in the briefs of the litigants. Requests for oral argument shall be submitted in writing to the assigned judge, or when there has not been a specific assignment to the Court Administrator, and shall be submitted not later than the date that the last brief is due to be filed. Requests for oral argument shall include an explanation providing the reason that the argument contained in the brief does not adequately address the issue. Failure to request oral argument in writing, including matters in which argument is required by rule (e.g. Pa.R.C.P. 1910.12(g)), will be deemed by the court to constitute an agreement by the parties to waive oral argument, and allow disposition on the record.
Rule 1035. Motion for Summary Judgment.
A motion for summary judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within thirty (30) days after service of the original motion.
[Pa.B. Doc. No. 98-627. Filed for public inspection April 24, 1998, 9:00 a.m.]
