Alle. Cnty. Pa. 603

As amended through April 9, 2024

Rule 603 - Preliminary Objections

Preliminary objections to a declaration of taking or to a petition for the appointment of viewers shall not be subject to any other local rules and shall be governed by the following procedures:

(1) No brief shall be required upon the filing of the preliminary objections.

(2) The filing of preliminary objections shall stay all other proceedings as to only the parcel or parcels that are the subject of the preliminary objections.

(3) Preliminary objections shall be electronically filed with the Department of Court Records pursuant to Local 205.4. The party filing the preliminary objections shall email the Preliminary Objections to the chambers of the Eminent Domain Judge, or any such Judge the Administrative Judge may designate, for scheduling.

(4) The presiding judge shall schedule a status conference, which shall take place as soon as practicable after the date stamped on the preliminary objections. At the status conference, the judge shall determine whether the parties shall submit evidence in support of or in opposition to the preliminary objections by deposition, by hearing, or by a combination thereof, and shall schedule a date and time for the submission of all evidence and for the submission of briefs. The judge may consider such other issues as are raised by the parties.

(5) Unless mutually extended by the parties or otherwise ordered by the presiding judge for good cause shown, all discovery relating to the preliminary objections, including all depositions, must be completed no later than sixty (60) days after the date stamped on the preliminary objections.

(6) Pursuant to 1-406 of the Eminent Domain Code, the parties must present in one pleading, and the Court shall consider, all preliminary objections at one time.

(7) A party, either by filed consent of all parties or by leave of court for good cause shown, may amend that party's preliminary objections.

(8) After the submission of evidence, the presiding judge shall promptly decide all preliminary objections.

(9) The parties shall not file post-trial motions. The order of court ruling upon the preliminary objections is the final order from which an appeal may be taken.

Alle. Cnty. Pa. 603

Adopted October 4, 2006, effective 12/4/2006; amended effective 9/13/2022; amended effective 11/13/2023.

This rule recognizes Pa.R.A.P. 311(e), which provides for an appeal as of right following a court order ruling upon preliminary objections in eminent domain cases.