Chest. Cnty. Ct. Comm. Plea. R. 1034(a)
Motions for judgment on the pleadings shall be scheduled, argued and decided in accordance with C.C.R.C.P. 208.3(a)(4), 208.3(a) (5), 208.3(b), 210 and 211.1.
Chest. Cnty. Ct. Comm. Plea. R. 1034(a)
Note: The aforesaid rules provide as follows:
208.3(a)(4)
Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions:
(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;
(ii) any motion supported by a stipulation of counsel.
208.3(a)(5)
If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.
Comment: See C.C.R.C.P. 1035.2(a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.
208.3(b)
All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P. 210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion. The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement. The court may treat a motion as uncontested if no response is filed. Upon the filing of a praecipe for determination, as described in 206.6, the matter will be referred to the court for disposition.
210
All briefs or legal memoranda shall contain the following matter under the following headings:
1)History of the Case: A brief, informal statement of the facts material to the matter under consideration.
2)Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision.
3)Legal Argument: The section must contain citations to the case law, rule or statute relied on.
4)Conclusion: Specify the type of relief requested.
211.1
A. Cases in which any party has sought or the court has ordered oral argument shall be scheduled for argument by the court or by the court administrator. Requests for argument before a court en banc shall be presented initially to the assigned judge.
B. The court may at any time schedule oral argument or conduct an evidentiary hearing on any matter pending before it.
C. Any party may request oral argument by filing with the brief a separate "Request for Oral Argument" which shall include the following:
1. The judge to whom the matter is assigned.
2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested.
3. A concise statement setting forth why oral argument is necessary.
4. The date upon which the Praecipe for Determination was filed.