Clar. Cnty. Pa. 208.3(b)

As amended through November 15, 2017

Rule 208.3(b) - Motions Practice And Procedure. Alternative Procedures

(1)Motions to Compel Discovery The Court shall consider motions to compel discovery without the necessity for briefs and argument. An order in substantially the following form shall be attached to the motion:

And now, (insert date), upon consideration of (insert moving party) Motion To (insert title of motion), it is ordered that said Motion is granted. Plaintiffs are to provide (insert discovery item requested) within twenty (20) days of the date of this order or suffer sanctions. If (insert non-moving party) object(s), they may request argument on the Motion, in which event the parties shall comply with Clarion County Local 208.3(b)(3)

(2)Motions Involving Disputed Issues of Fact Whenever a matter at issue involves disputed issues of fact, the matter shall be disposed of in accordance with Pa.R.C.P. 208.4. The moving party shall attach an order in the form prescribed by Pa.R.C.P. 208.4(b)(2).

(3)

(a)Motions Involving Questions of Law Only Whenever a matter at issue involves a question of law only, any party or counsel desiring to submit such matter to the court may praecipe the same for argument. A praecipe for argument may be filed by any party at any time, but a party filing a motion for judgment on the pleadings or motion for summary judgment must file a praecipe for argument simultaneously with the filing of such motion.

A praecipe for argument shall be in substantially the following form:

[Caption of Case]

PRAECIPE FOR ARGUMENT

TO THE PROTHONOTARY:

KINDLY SUBMIT THIS MATTER TO THE COURT FOR ARGUMENT ONLY.

1. The matter to be submitted for argument is __________________________

_______________________________________________________________ (Title of Motion, Preliminary Objection, etc.)

which has been filed by the ______________________________________________________ . (Name of moving party.)

2. Oral argument is/is not requested.

3. A transcript is/is not required for disposition of this argument. The transcript which is required is of the hearing of

___________________________________

(Date of hearing if transcript required.)

4. I certify that notice has been given to all counsel of record and to all unrepresented parties of record of the filing of this Praecipe.

____________________________________

(Attorney's Name and Address)

Upon praecipe of a matter for argument the prothonotary shall enter the matter in the Prothonotary's Argument Docket and shall forthwith transmit the case to the court administrator who shall schedule the matter for oral argument before the court if oral argument has been requested or shall submit the matter to the court for determination if the case has been transmitted without a request for oral argument. The official court calendar shall set forth closing dates for argument lists and argument court dates, which are generally scheduled every other month commencing in January of each year.

All issues raised for disposition by argument shall be considered and disposed of by the court on briefs without oral argument, unless at the time of filing the praecipe above provided, party or counsel filing the same shall request oral argument. When a party or counsel requests oral argument, such party or counsel shall file with the praecipe for argument a proposed order of court scheduling oral argument, which proposed order of court shall be substantially in the following form.

(Caption of Case)

ORDER OF COURT

AND NOW THIS ______ day of ________________ ,20____, oral argument having been requested, oral argument is scheduled the ______ day of ________________ , 20____ at ___________a. m./p.m. in Court Room Number _______ before Judge

__________________________________________ ..

(b)Filing and Service of Briefs

i.Moving Party's Brief If the moving party files a praecipe for argument, it shall file a brief simultaneously with the filing of the praecipe. If the moving party has not filed a praecipe for argument, the brief of the moving party shall be due twenty (20) days after any of the responding parties have filed a praecipe for argument.

ii.Responding Party's Briefs A responding party's reply brief shall be due twenty (20) days after the filing of the moving party's brief.

iii.Transcripts If a transcript has been demanded in the praecipe for argument, the moving party's brief will not be due until twenty (20) days after the requested transcript has been filed. If the transcript has been requested by a responding party, the responding parties will have at least twenty (20) days after the filing of the transcript to file a reply brief even in the event that the moving party files its brief sooner than twenty days after the filing of the transcript.

(c)Failure to File Brief

i.Moving Party's Failure If the moving party fails to file a brief in accordance with these rules, the responding party, after ten days notice by regular mail to the moving party's attorney or to the moving party if the moving party has no attorney, may file a motion requesting the court dismiss the pleading, motion or other paper which raises the issue before the court. The court shall act on such motion, without briefing and without argument and the court may dispose of this motion by (1) dismissing the initial pleading, motion or other paper which raised the issue for disposition; (2) disposing of the issue raised in the initial pleading, motion or other paper without benefit of brief; or (3) directing that a brief be filed by the moving party.

ii.Responding Party's Failure If the responding party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief may be filed.

(d)Place of Filing and Service All original briefs shall be filed with the prothonotary and copies shall be served forthwith upon all parties of record or their counsel.

(e)Oral Argument

i. The court may, in its discretion, hear oral argument on any matter by speaker telephone conference provided that the conversations of all parties are audible to all persons present, or upon stipulation of all parties, by regular telephone conference call.

ii. If either party fails to file a brief in accordance with the time schedule set forth above, that party may be denied oral argument. (This sanction shall be in addition to any other sanction which may be imposed upon the party failing to file a brief as described in paragraph (3)(c) above.) (Failure to File Brief)

iii. In the event that any counsel fails to appear for oral argument and no cause has been presented, at the discretion of the court the oral argument may be heard at the time scheduled or may be rescheduled for argument at the convenience of the court.

iv. In the event that a case is scheduled for argument and none of the attorneys appear upon the call of the case, the court will decide the matter on briefs only.

Clar. Cnty. Pa. 208.3(b)

Amended effective 7/1/2005.

EXPLANATORY COMMENT

It is intended that Rule L208.3(b)(3)(a) permit either the moving party or a responding party to submit a matter for argument to the court. If the matter submitted, however, is a motion for judgment on the pleadings or a motion for summary judgment, the moving party must praecipe the matter for argument simultaneously with filing the motion.

In all other cases the moving party may praecipe the matter when it desires thereby triggering the briefing schedule. If, however, the moving party does not praecipe the matter for argument, any responding party may then praecipe the matter and thereby force the moving party to file its brief within the time schedule.

For example, if a defendant files a preliminary objection to a complaint there would be no need for him to file a praecipe for argument at the same time and therefore no need to file his brief. If the plaintiff should then voluntarily amend his complaint in compliance with the preliminary objection, the matter would never be submitted to the court. On the other hand, should the plaintiff, against whom a preliminary objection has been filed, wish to have the issue raised by the defendant's preliminary objection determined by the court as soon as possible, he may file a praecipe for argument immediately upon receiving notice that the defendant has filed a preliminary objection. In that case, the defendant, who is the moving party, would then be forced to file a brief within twenty days.