Berk. Cnty. Pa. 1034(a)

As amended through May 6, 2024
Rule 1034(a) - Motion for Judgment on Pleadings
(1) A party filing a motion for judgment on the pleadings shall file simultaneously with the Prothonotary a praecipe for argument and an argument brief, accompanied by a proof of service of copies of the motion, praecipe and brief of argument upon all other counsel and any unrepresented parties by first class mail, all in accordance with the Berks County Rules of Civil Procedure governing Civil Argument Court. The praecipe shall order that the motion be listed for argument on the next argument court date that is at least twenty-four (24) days from the date of filing, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge. Said argument court date must be in accordance with the Civil Argument Court calendar, which can be found online at www.co.berks.pa.us .
(2) If a party filing a motion for judgment on the pleadings fails to simultaneously file such praecipe, argument brief and/or proof of service, the Prothonotary shall immediately notify the Court, whereupon the Court may, unless all defects are corrected within five (5) business days of the receipt of the file, deny the motion.
(3) If the party filing a motion for judgment on the pleadings complies with paragraph (1) above, the non-moving party shall, on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, file an argument brief accompanied by a proof of service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by first class mail. When the argument date is by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.
(4) If the non-moving party does not file an argument brief, the Court shall decide the motion based on the record. In doing so, the Court may in its discretion hear oral argument from the party that filed the motion for judgment on the pleadings, but not from the non-moving party.

Berk. Cnty. Pa. 1034(a)

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.