Rule 1028(c) - Procedures for the Disposition of Preliminary Objections(1)General Docket and Arbitration Docket Cases.(a)(i) Preliminary objections shall be electronically filed pursuant to Local 205.4 with the Department of Court Records.(ii) A request to schedule the date and time for argument shall be transmitted by email to the following email address: civilpos@alleghenycourts.us, accompanied by a PDF copy of the preliminary objections and brief and a proposed order in Microsoft Word Format. Note: If preliminary objections are filed to preliminary objections, these preliminary objections will be scheduled for argument at the same time as the argument for the preliminary objections which are the subject of the preliminary objections.
In cases of multiple defendants, if any other defendants have not filed responsive pleadings at the time another defendant files preliminary objections, argument on these preliminary objections will not be scheduled sooner than sixty (60) days after filing.
In an arbitration case, the filing of preliminary objections or the scheduling of the preliminary objections for an argument on a date after the date of the arbitration hearing does not continue the arbitration hearing unless the moving party obtains a continuance pursuant to Local 208.3(d).
(iii) The party filing the preliminary objections shall, promptly after filing, serve copies of these preliminary objections on all other parties and shall promptly serve all other parties with notice of the date and time of the argument, after the date and time for argument has been set.(b)(i) Except for preliminary objections raising issues of fact, which are governed by subdivision (c), and Arbitration Docket cases, a brief and proposed order of court shall be filed with all preliminary objections. Failure to file a brief with preliminary objections shall be cause for denial of the preliminary objections. Note: In an Arbitration Docket case, there are no requirements for the filing of briefs. Frequently, the motion refers to controlling legislation and case law.
(ii) Any party opposing preliminary objections shall electronically file a brief in opposition to the preliminary objections at least seven (7) days prior to the argument.(iii) A brief shall not exceed ten (10) double-spaced pages except in cases designated complex, class actions, or where permitted by order of court entered pursuant to a motion presented to the General Motions Judge.(c)(i) Where preliminary objections contain grounds raising issues of fact under Pa.R.Civ.P. 1028(a)(1), (5), or (6), they shall be titled on the cover sheet "Preliminary Objections Raising Questions of Fact"; shall be endorsed with a notice to plead; shall not have a brief attached; and will be scheduled for argument not sooner than ninety (90) days after filing.(ii) All evidence that the parties wish the court to consider shall be electronically filed with the Department of Court Records at least twenty (20) days prior to the argument.(iii) The party which filed the preliminary objections shall electronically file its brief at least fourteen (14) days prior to the argument; the parties opposing the preliminary objections shall file their briefs at least seven (7) days prior to argument.(d)(i) If the preliminary objections include the ground of improper venue, they shall be titled on the cover sheet "Preliminary Objections Raising Questions of Venue"; shall be endorsed with a notice to plead; shall be accompanied by a brief and proposed order of court, as provided for in paragraph (1)(b) of this Local Rule; and shall include all preliminary objections as required under Pa.R.Civ.P. 1028(b).(e) If the moving party fails to schedule argument on preliminary objections, any other party is permitted to schedule argument in the manner set forth in subsection (1)(a)(ii), above.(2)Housing Court Proceedings.(a) Preliminary Objections in Housing Court cases shall be electronically filed pursuant to Local 205.4(i) No Preliminary Objections will be scheduled for argument unless requested as set forth in subsection (ii)(ii) The party filing the Preliminary Objections must request that the Preliminary Objections be scheduled for oral argument by submitting the preliminary objections and a proposed order in Microsoft Word format to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. Once the moving party is assigned an argument date, they shall immediately serve copies on of the preliminary objections on all other parties with notice of the date and time of the argument.(iii) The moving party, after contacting all other parties, shall notify the Housing Court Clerk prior to the argument (412-350-4462) if the matters raised in the preliminary objections are resolved. Otherwise, if the moving party does not appear on the date of the argument, the court will enter an order dismissing the preliminary objections for failure of the moving party to appear.(iv) The moving party, after a discussion with other parties, shall notify the Housing Court Clerk if the preliminary objections are moot because of the filing of an amended pleading.Adopted October 4, 2006, effective 12/4/2006. Amended December 27, 2019, effective 2/19/2020. Amended November 29, 2021, effective 1/11/2022; amended effective 9/13/2022; amended effective 11/13/2023.