Penn. C.C.R.C.P. 227.2

As amended through February 1, 2024
Rule 227.2 - Post-Trial Motions
(a) All post-trial motions must specify the grounds relied upon.
(b) Any request for leave to file additional specific grounds for post trial relief shall be made by motion and proposed order, and the motion shall contain specific reasons in support thereof. The motion shall be filed with the prothonotary within ten (10) days after verdict and the movant shall file a certification of service of the motion in the form provided by C.C.R.C.P. 206.3.

Comment: Nothing in this rule is intended to permit a party to supplement post-trial motions after receipt of the transcript without having timely obtained leave of court.

(c) Copies of post-trial motions must be served upon the trial judge. If notes of testimony are needed the movant must notify the court reporter of the need to transcribe any part or all of the record. Failure to notify the court reporter shall mean that such party does not desire a transcript of the notes of testimony.

Comment: It is the responsibility of the party or parties requiring a transcript of the notes of testimony to obtain such transcript in a timely fashion. Counsel and parties are warned that, in light of Pa.R.C.P. No. 227.4(1)(b), the schedule for the filing of briefs cannot be extended.

(d) Thereafter, the court reporter shall prepare a transcript of such notes for each of the parties who have indicated a desire to have them, together with one original for the court. The court's copy shall contain all the notes requested to be transcribed.

Comment: See Rules of Judicial Admin. 5000.1 et seq. regarding transcripts and fees.

(e) No continuance of argument properly scheduled will be granted because of a party's failure to observe the requirements of this rule.
(f) No motion for new trial upon the ground of after discovered evidence will be entertained unless it sets forth the reasons for failure to produce the same at the trial and unless based upon affidavits containing the names of the witnesses and the substance of their expected testimony.
(g) Post-trial motions will be brought before the Court by filing a praecipe for determination under C.C.R.C.P. No. 206.6. The praecipe for determination shall be filed at the time of the filing of the post-trial motion. Upon the filing of the praecipe for determination accompanying a post-trial motion, oral argument shall be scheduled forthwith by the Court.

Comment: In view of Pa.R.C.P. No. 227.4(1)(b), which permits entry of judgment if an order disposing of all post-trial motions is not entered within one hundred and twenty (120) days after the filing of the first such motion, oral argument will be scheduled for approximately ninety (90) days following the date of the filing of the first such motion.

(h) The following schedule for the filing of briefs shall apply unless otherwise directed by the assigned judge:
(1) No less than three (3) weeks before the day set for oral argument, the moving party (petitioner or movant) shall serve upon all counsel and unrepresented parties a complete copy of the brief; the brief shall be filed with the prothonotary along with a certification that service has been made.
(2) No less than one (1) week before the day set for oral argument, the responding party shall file a brief and certification of service and shall immediately serve a copy on each counsel and unrepresented party.
(3) The Court may, in its discretion, refuse to hear argument upon issues which have not been reasonably discussed in a party's brief, and it may decline to hear oral argument addressed from any party who has failed to comply with the foregoing provisions of this rule.
(i) Oral argument may be waived by agreement of all parties but, even if oral argument is waived, briefs shall nevertheless be due pursuant to paragraph (h) above, based upon the date originally set for oral argument.

Penn. C.C.R.C.P. 227.2