As amended through August1, 2022
Rule 1035.2(a) - MOTION FOR SUMMARY JUDGMENT1.Procedure for Filing Summary Judgment Motions. (A) The moving party shall file a motion for summary judgment, together with a supporting brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving party upon all counsel of record and unrepresented parties and upon the assigned judge. Within thirty (30) days of receipt of the moving party's brief, the non-moving party shall file a brief and, at that time, shall deliver a copy to the assigned judge. Any depositions, answers to interrogatories or affidavits in support of or in opposition to the motion shall be filed with the Prothonotary not later than the due date of the respective party's brief. (B) If the brief of either the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto: (i) Dismiss the motion where the moving party has failed to comply.(ii) Grant the requested relief where the responding party has failed to comply and where the requested relief is supported by law, or(iii) If argument is granted, prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or(iv) Impose such other legally appropriate sanction upon a noncomplying party as the Court shall deem proper including the award of reasonable costs and attorney's fees incurred as a result of the noncompliance.2.Scheduling of Argument.(A) There may be oral argument in accordance with Pa.R.C.P. No. 211. If granted, notice of argument shall be given by the Court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission, or personal delivery. (B) After the passage of the filing date of the brief of the non-moving party, the Court may schedule argument on the motion with notice to all parties. The Court shall notify the parties of its decision.Amended effective 7/1/2020; amended effective 8/1/2022.