Adm. Cnty. Pa. 1028(c)

As amended through December 4, 2023

Rule 1028(c) - Preliminary Objections

A. Preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(2), (3), or (4).

1.Brief. A party filing preliminary objections pursuant to this subparagraph shall file a supporting brief within ten (10) days of the date of the filing of the preliminary objections. If a supporting brief is not filed within ten (10) days of the filing of the preliminary objections, the preliminary objections shall be deemed withdrawn and, upon praecipe, the Court shall enter an Order directing the objector to file an appropriate pleading.

2.Responsive brief. If a supporting brief is filed by the petitioner, the respondent shall file a responsive brief within twenty (20) days after service of the supporting brief. Any party who fails to file a responsive brief shall be deemed not to oppose the objections. Upon praecipe, the Court will enter an Order granting the preliminary objections except that no civil action or proceeding shall be dismissed with prejudice for failure to comply.

3.Oral argument. Preliminary objections shall be decided on briefs alone unless the Court orders oral argument. If a party desires oral argument, then, in the case of the party filing the preliminary objections, a written request for oral argument must be filed with the preliminary objections. If a responding party desires oral argument, a written request for oral argument shall be filed with the Court within ten (10) days after service of the preliminary objections. Oral argument shall be held at such time and place as the Judge shall direct.

4.Procedure. Upon the filing of preliminary objections pursuant to this subparagraph, the Prothonotary shall immediately docket the preliminary objections and expeditiously transmit the file to an appropriate Judge. Referrals to Judges for disposition of preliminary objections shall be made on a rotating basis to each of the Judges of this Court. If the Prothonotary is uncertain as to an appropriate referral, the case shall be transmitted to the Court Administrator for assignment. Once the preliminary objections are assigned to a Judge, any further filings, including praecipes shall expeditiously be transmitted by the Prothonotary to the Judge in possession of the file.

B. Preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6).

1. Any party filing preliminary objections pursuant to Pa.R.C.P. No. 1028(a)(1), (5), or (6) shall attach a Notice to Plead to the preliminary objections. Such objections thereafter shall be governed by Adams C.Civ.R. Nos. 206.1(a) and 206.4(c).

C.Service. All preliminary objections shall be served upon all of the parties to the action contemporaneously with the filing of the preliminary objections with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the preliminary objections. The Court may excuse prior service in the case of emergency preliminary objections.

Adm. Cnty. Pa. 1028(c)

Amended effective 7/10/2023; amended effective 12/23/2023.