Rule 1035.2(a) - Motion for Summary JudgmentA.Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.B.Procedure. Upon the filing of a motion for summary judgment, the Prothonotary shall expeditiously transmit the file to an appropriate Judge. Generally, motions for summary judgment shall go to the Judge having previous involvement in the matter. Other referrals shall be transmitted on a rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain as to the appropriate referral, the case shall be transmitted to the Court Administrator for assignment.C.Response. The adverse party must file a response within thirty (30) days after service of the motion pursuant to Pa.R.C.P. No. 1035.3.D.Brief. The moving party shall file a supporting brief within twenty (20) days after the service of the response by the adverse party. If a brief is not filed within the time period set forth herein, the motion shall be deemed withdrawn, without prejudice, upon praceipe of an opposing party.E.Responsive brief. Within fifteen (15) days of service of the moving party's brief, any party opposing the motion shall file a responsive brief, together with any portions of the record which support opposition to the motion. Previous filings in the matter need not be attached. In the event that a party fails to timely file a responsive brief, the Judge may: 1. Refuse to allow oral argument by the offending party; or2. Order oral argument to be continued; or3. Grant the requested relief except that no civil action or proceeding shall be dismissed with prejudice for failure to comply; or4. Impose such other sanctions upon the non-complying party as the Judge shall deem proper.F.Argument. Motions for summary judgment shall be considered on briefs by the Court without argument unless a party files a request for oral argument by praecipe. Such request shall be filed by the moving party concurrent with the filing of the motion. Requests for oral argument by any opposing party shall be filed within the time period in which a response must be filed pursuant to subparagraph C. of this rule. Oral argument shall be held at such time and place as the Judge shall direct.G.Proposed order. All motions for summary judgment shall be accompanied by a proposed Order substantially in the following form: IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
(caption)
ORDER
AND NOW, this ____day of ______, 200 __, upon consideration of the attached Motion for Summary Judgment, it is hereby Ordered that argument on the Motion:
[ ] shall not be held, and the matter shall be decided upon briefs.
[ ] shall be held on ______, 200 __, at _____, in Courtroom No. ____of the Adams County Courthouse, 111 Baltimore Street, Gettysburg, PA, 17325.
Notice of the entry of this Order shall be provided to all parties by the moving party.
BY THE COURT:
_____________
J.
H.Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.Amended effective 7/10/2023; amended effective 12/23/2023.