Rule 17CV1028(c) - Preliminary Objections(1) All preliminary objections shall be accompanied by a brief in support of the preliminary objections. All briefs shall be filed in duplicate. Upon the filing of preliminary objections and a supportive brief a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary;(2) The party filing the preliminary objections shall file an affidavit of service within five (5) days of the service of the preliminary objections;(3) Absent the filing of an amended pleading, the party whose pleading is the subject of the preliminary objections shall file a brief in opposition to the preliminary objection within twenty (20) days of service of the preliminary objection. All briefs shall be filed in duplicate. Upon the filing of brief in opposition to the preliminary objections a copy of the brief shall be forwarded to the judge's chambers by the Prothonotary. Absent the filing timely of the said brief the Court will consider the preliminary objections to be unopposed by the non-responding party;(4) If a party wishes to have an evidentiary hearing or oral argument that party, at the time of the filing of their preliminary objections or their answer or responsive brief, shall submit a scheduling order substantially in the following form: CAPTION
SCHEDULING ORDER
AND NOW, this ________day of ____________, 20_____, the (objecting) (answering) party having requested (oral argument) (and) (evidentiary hearing) on the preliminary objection and any answer thereto, it is hereby ORDERED that (hearing) (and) (argument) shall be held on the __________ day of ______________, 20_______,__________o'clock ______.m. in the Courtroom of the _____________County Courthouse, ______________, ____________________County, Pennsylvania. _____________(_______) minutes have been allocated for the purposes of the said (hearing) (and) (argument).
In the event that a party against whom the preliminary objections has been filed fails to filed timely an answer and/or responsive brief to the said preliminary objections this Order will be deemed to have been vacated without further Order of the Court and no hearing and/or argument shall be held on the date scheduled herein.
BY THE COURT:
_________________________________
(5) A request for oral argument or a hearing shall be accompanied by a list of dates when counsel for the requesting party, or the requesting party if pro se, counsel for the opposing party or parties, and any pro se opposing party are available for argument and/or hearing. The list shall be for dates not less than twenty (20) days nor more than sixty (60) days after the filing of the request. Failure to provide the said list shall cause the court to decline to consider the request.(6) Failure to request oral argument in accordance with this rule shall constitute a waiver of oral argument. Argument by the objecting and any answering parties shall be limited to a total of fifteen (15) minutes unless, at the time of the filing of the proposed preliminary objection or responsive brief, the party requesting argument certifies to the court that additional time is necessary. Any party requesting a hearing shall be responsible for completing the proposed order with a good faith estimate as to the amount of time that party believes will be necessary for a complete hearing and argument on the pending preliminary objections;(7) Upon the entry of an order scheduling hearing and/or argument it shall be the responsibility of the party requesting hearing and/or argument to serve the order on all other parties.Syn. Cnty. Pa. 17CV1028(c)
Amended effective 5/7/2024.