Eri. Cnty. Pa. 1028(c)

As amended through August1, 2022

Rule 1028(c) - PRELIMINARY OBJECTIONS

1. Preliminary objections shall be filed with the Prothonotary's office and a copy shall be served by the objecting party upon all counsel of record and unrepresented parties. Within thirty (30) days after the filing of preliminary objections, the objecting party shall file a brief and serve a copy of the brief upon all counsel of record and unrepresented parties. At that time, the objecting party shall also serve a copy of the preliminary objections and brief upon the assigned judge.

2. The non-moving party shall file with the Prothonotary's office a responding brief within thirty (30) days of receipt of the objecting party's brief. The non-moving party shall forward a copy of the brief to the assigned judge. This deadline does not affect the filing deadlines otherwise imposed upon the non-moving party by the Pennsylvania Rules of Civil Procedure.

3. After the passage of the filing date for the non-moving party's brief, the assigned judge may schedule the matter for an argument on the preliminary objections. Notice of argument, if scheduled, shall be given by the court to each attorney of record and to unrepresented parties by United States mail, facsimile transmission or personal delivery.

4. If the brief of either the objecting party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

(A) Overrule the objections where the objecting party has failed to comply.

(B) Grant the requested relief where the responding party has failed to comply and where the requested relief is supported by law, or

(C) If argument is granted prohibit the noncomplying party from participating in oral argument although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or

(D) Impose such other legally appropriate sanction upon a noncomplying party as the Court shall deem proper including the award of reasonable costs and attorney's fees incurred as a result of the noncompliance.

Eri. Cnty. Pa. 1028(c)

Amended effective 7/1/2020; amended effective 8/1/2022.