Rule 1035.2(a) - Motion for Summary Judgment(1) A party filing a motion for summary judgment shall file the original motion with the Prothonotary, accompanied by a proof of service of copies of the motion upon counsel for all other parties and any unrepresented parties by first class mail. No praecipe for argument shall be filed at the time that the motion is filed.(2) The non-moving party shall file a response to the motion for summary judgment no later than thirty (30) days after the date of service of the motion in accordance with Pa.R.C.P. 1035.3(a). If no response is filed within that thirty (30) day period, upon written notice to the Court by the moving party, pursuant to Pa.R.C.P. 1035.3(d), the Court may in its discretion grant the motion for summary judgment.(3) At the end of the 30-day response period, any party may list the motion for summary judgment for oral argument by filing a praecipe for argument, accompanied by a proof of service, with the Prothonotary indicating that copies of the praecipe have been served upon counsel for all other parties and any unrepresented parties by first class mail.(4) If the moving party files the praecipe for argument, an argument brief shall be filed therewith and the case shall be listed for the next argument court date that is at least twenty-four (24) days thereafter, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge, accompanied by a proof of service of copies of the praecipe and argument brief upon counsel for all other parties and any unrepresented parties by first class mail. Said argument court date must be in accordance with the Civil Argument Court calendar, which can be found at www.co.berks.pa.us. The non-moving party shall thereafter file an argument brief on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, 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.(5) If the non-moving party files the praecipe for argument with a proof of service, the case shall be listed for the next argument court date that is at least forty-four (44) days thereafter, or any later date that the party filing the praecipe certifies is agreeable to all parties and the assigned judge, and the moving party shall file a brief of argument with the Prothonotary on or before twenty-four (24) days prior to the argument court date, 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. The non-moving party shall thereafter file an argument brief with the Prothonotary on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, 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 moving party shall file its argument brief no later than twenty-four (24) days prior to the agreed upon argument date, and the non-moving party shall file its argument brief no later than seven (7) days prior to the agreed upon argument date.Berk. Cnty. Pa. 1035.2(a)
Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.