600 Amending of local rules of civil procedure 210 form of briefs, 1028(c) preliminary objections, 1034(a) motion for judgment on the pleadings and 1035.2(a) motion and praecipe for argument form; no. 13-0523
Title 255—LOCAL
COURT RULESCARBON COUNTY Amendment of Local Rules of Civil Procedure 210 Form of Briefs, 1028(c) Preliminary Objections, 1034(a) Motion for Judgment on the Pleadings and 1035.2(a) Motion and Praecipe for Argument Form; No. 13-0523 [43 Pa.B. 1842]
[Saturday, April 6, 2013]Administrative Order No. 9-2013 And Now, this 21st day of March, 2013, it is hereby Ordered and Decreed that, effective May 1, 2013, Carbon County Rules of Civil Procedure CARB.R.C.P. 210 governing Form of Briefs, CARB.R.C.P. 1028(c) governing Preliminary Objections, CARB.R.C.P. 1034(a) governing Motion for Judgment on the Pleadings, CARB.R.C.P. 1035.2(a) governing a Motion for Summary Judgment and Praecipe for Argument form be and are hereby Amended as follows.
1. The Carbon County District Court Administrator is Ordered and Directed to File one (1) certified copy of this Administrative Order and Local Rules with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) CD 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 Local Rules in the Prothonotary's Office.
By the Court
ROGER N. NANOVIC,
President JudgeRule 210. Form of Briefs.
1. Each brief shall contain:
(a) A history of the case;
(b) A statement of the pertinent facts;
(c) A statement of the questions involved;
(d) An argument; and
(e) A short conclusion stating the precise relief requested.
2. The statement of questions involved shall be so drawn that the Court may quickly determine all the legal questions requiring determination.
3. The argument shall be divided into as many parts as there are questions involved. Opinions of an appellate court, of this or any other jurisdiction shall be cited from the National Reporter System if reported therein, otherwise to the official reports of the applicable state appellate courts, if reported therein.
4. Briefs shall refer specifically, by page number or other appropriate designation, to any portion of the record relied upon in support of the argument.
5. Copies of any state or federal case relied upon not published in the official reports of that court shall be attached as Exhibits to the Brief.
6. Counsel for the moving party shall in all matters file an original and two (2) copies of a supporting brief in the Office of the Prothonotary and forthwith serve one (1) copy of the brief upon each adverse party or counsel of record. Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.
7. Each adverse party or his counsel of record shall file in the Office of the Prothonotary an original and two (2) copies of a brief in answer, within thirty (30) days of service of the motion and forthwith serve a copy thereof upon all opposing parties or their counsel of record. Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.
Rule 1028(c). Preliminary Objections.
1 A proposed order shall be attached to all preliminary objections.
2 If the parties agree to the relief sought, the preliminary objections shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties.
3 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.
4 The adverse party shall file an answer and brief in support thereof when endorsed with a Notice to Plead or shall file a brief in response to the preliminary objections not endorsed with a Notice to Plead within twenty (20) days of service. See CARB.R.C.P.210 for form, content of brief, service and filing requirements.
5 If an amended complaint 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 response.
6 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 Any party opposing the motion shall file a responsive brief within twenty (20) days of service of the motion, together with a certificate of service evidencing service in accordance with number one above. A party who fails to respond to the motion may be deemed to have no opposition to its grant.
3 A party who fails to file a brief shall not be permitted to argue.
4 Upon service of the motion and responsive brief on the District Court Administrator, 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 response.
Rule 1035.2(a). Motion.
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 and brief in support thereof 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 have consented to the granting of the motion without contest.
3 A party who fails to file a brief shall not be permitted to argue.
4 Upon service of the motion and response on the District Court Administrator, 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 response.
IN THE COURT OF COMMON PLEAS, CARBON COUNTY, PENNSYLVANIA CIVIL ACTION : Plaintiff : vs : No. : Defendant : PRAECIPE FOR ARGUMENT To the Judges of said Court:
(1) Place the above case on the next available Argument List.
(2) The matter to be argued is ______
presented by ______ on ______ .
(3) Case will be argued for the undersigned party by _________________
(4) There (is) (is not) a companion case filed at ______ . If so, there (are) (are not) similar matters pending in the companion case.
(5) A copy of this Praecipe has been duly served upon all other parties or their counsel.
(6) Name of Opposing Counsel:
_________________
Address: _________________
Name of Opposing Counsel: ______
Address: _________________
(7) Date complaint filed: _________________
______
Attorney for ______
[Pa.B. Doc. No. 13-600. Filed for public inspection April 5, 2013, 9:00 a.m.]
