As amended through May 6, 2024
Rule 211.2 - Filing of Praecipe and Briefs(a) A party having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date, except that the date for argument on preliminary objections shall be as provided in B.R.C.P. 1028(c), and shall file simultaneously with the prothonotary the required copies of his brief of argument and a proof of service that copies of such praecipe and brief of argument have been served upon all other parties in the case.(b) A party not having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date and shall file simultaneously with the prothonotary a proof of service that copies of such praecipe have been served upon all other parties in the case. The party not having the burden shall not be required to file a brief of argument at the time of filing such praecipe.(c) A party filing a praecipe for argument shall set forth in writing on such praecipe:(1) the particular date the case is ordered to be listed for argument, which date shall be the next argument court date that is at least twenty-four (24) days from the date of filing (if filed by the party having the burden at argument), the next argument court date that is at least forty-four (44) days from the date of filing (if filed by the party not having the burden at argument), or any later argument court date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge.(2) the matter to be argued(3) the party who has the burden at argument(4) whether it should be argued before a panel of judges under B.R.C.P. 211(a) or a single judge under B.R.C.P. 211(b)(5) the name of the judge assigned to the case(d) In those cases where the party having the burden at argument has filed a praecipe for argument and accompanying documents in compliance with the requirements of subsection (a), each opposing party shall file with the prothonotary on or before the Tuesday (or Monday if Tuesday is a holiday) prior to the argument court date the required copies of his brief of argument accompanied by a proof of service that copies of brief of argument have been served upon all other parties in the case. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, each opposing party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.(e) In those cases where a party not having the burden at argument has filed a praecipe for argument and proof of service in compliance with the requirements of subsection (b), the party having the burden shall file with the prothonotary on or before the twenty-fourth (24th) day preceding the argument court date the required copies of his brief of argument accompanied by a proof of service that copies of briefs of argument have been served upon all other parties in the case. Each opposing party thereafter shall file with the prothonotary on or before the Tuesday (or Monday if Tuesday is a holiday) before the argument court date the required copies of his brief of argument accompanied by proof of service that copies of briefs of argument have been served upon all other parties in the case. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the party having the burden shall file its argument brief no later than twenty-four (24) days prior to the agreed upon argument date, and each opposing party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.(f) In those cases where the court specially orders a case for argument, the court shall fix the briefing schedule as a part of its order listing the case for argument, or by separate order.(g) The required copies of briefs of argument to be filed shall be two (2) for cases under B. R.C. P. 211(a) Panel List and one (1) for cases under B. R.C. P. 211(b) Single Judge List.(h) Where there has not been strict compliance with these rules as to time for filing, content or praecipe and proof of service of praecipe and/or brief of argument, as applicable, the prothonotary shall still accept the praecipe or brief of argument for filing, and Court Administration shall list the case for oral argument. The non-compliant party, however, shall be prohibited from participating in oral argument before the court unless the non-compliant party timely cures any defects and there is no prejudice to any opposing party, or the court, in its discretion, allows the non-compliant party to participate after good cause is shown.Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.