Rule 1028(c) - Procedures for Disposition of Preliminary Objections(1) Except as otherwise permitted by Order of Court for cause shown, Preliminary Objections shall not exceed five (5) pages in length and supporting briefs as well as briefs in opposition shall not exceed ten (10) pages in length. Preliminary objections shall be placed on the argument list by the Court Administrator upon the filing of a Praecipe for Argument by either party.(2) The preliminary objections, a supporting brief, and a Praecipe for Argument all must be filed simultaneously with the Prothonotary and copies provided to the Court Administrator by the filing party. Failure to do so may result in the preliminary objections being overruled sua sponte or upon motion. A Praecipe for Argument form can be secured from the Prothonotary.(3) Upon receipt of a copy of the preliminary objections, supporting brief, and Praecipe for Argument, the Court Administrator shall place the case on a list to be argued and send notice of the date, time and place of oral argument. In appropriate cases, the court may order the matter to be decided on briefs only unless a party requests oral argument thereafter.(4) Where preliminary objections raise an issue under Pa.R.C.P. 1028(a)(1), (5), (6), (7) or (8), the filing party shall first present a Motion for a Scheduling Order in Civil Motions Court, along with a copy of the preliminary objections which the party intends to file attached as an exhibit and accompanied by an Order in substantially the following form: ORDER
AND NOW, this ______ day of ______, ______, upon consideration of the foregoing Motion for a Scheduling Order, it is hereby ordered that:
(1) The attached preliminary objections shall be filed by the moving party, endorsed with a notice to plead, within ____ days of this Order;(2) Non-moving parties shall file response(s) to the preliminary objections, if required, within ____ days of this Order;(3) All discovery related to the issues raised in the preliminary objections shall be completed by ______ ;(4) Any evidence that the parties wish the court to consider shall be filed with the Prothonotary by ______ ;(5) The moving party shall file a Praecipe for Argument with the Court Administrator after the expiration of the discovery period, but no later than ______ ;(5A) Alternatively, argument shall be held on ______, _____ at __ : __ in Courtroom ____ of the Beaver County Courthouse; (6) The brief of the moving party shall be filed by ______ and any response briefs shall be filed by ______ ; and(7) Notice of the entry of this order shall be provided to all other parties by the moving party. BY THE COURT:
______, J.
At the time of the presentation of the motion, the Court shall issue a scheduling Order in accordance with the proposed Order set forth above. Failure of a party to comply with this subsection may result in sanctions.
(5) The briefing schedule is governed by LR211C unless otherwise ordered by the court. Only a single brief may be filed by each party unless granted leave of court for additional briefing.Amended effective 3/1/2024