Rule 208.3(a) - Alternative Procedures Matters For Argument OnlyA.Listing and Disposition.1. Whenever a matter at issue involves a question or questions of law only and no evidentiary hearing is required for determination thereof, any party or counsel desiring to submit such matter to the court may praecipe the same for argument. Said praecipe shall be in substantially the following form. Praecipe for Argument
To the Prothonotary
Kindly Submit this matter to the Court for Argument Only.
1. The matter to be submitted for argument is:2. Oral argument is/is not requested.3. This is/is not a discovery matter. 4. I certify that notice has been given to all counsel of record and to ail unrepresented parties of record of the filing of this Praecipe. (Attorney's Name and Address)
The Court may nonetheless exercise its discretion to schedule argument or decide the motion or petition without argument.
2. Whenever a party files a motion or petition, the Prothonotary shall forward a copy to the Court. In the case of preliminary objections, motions for judgment on the pleadings, and motions for summary judgment, the Court Administrator shall prepare a briefing scheduled advising the parties of the dates when their respective briefs are due. In the event a party does not receive a briefing schedule from the Court, the Pennsylvania Rules of Civil Procedure shall govern.3. Paragraph 1 notwithstanding, preliminary objections and summary judgment motions in debt collection and mortgage foreclosure cases shall be decided on the briefs alone.4. The court may, at its discretion, hear oral argument on any motion by speaker telephone conference provided that the conversations of all parties are audible to all persons present, or upon stipulation of all parties, by regular telephone conference call. Upon request of any party, such oral argument may be recorded by a court reporter under such conditions as the court shall deem practicable. Counsel shall schedule such telephone calls at a time mutually agreeable to all parties and the court. The expense of the call will be shared equally by the parties, unless the court directs otherwise. B.Filing and Service of Briefs. All briefs, including a copy for the Court, shall be filed in the Prothonotary's Office and served on the other party(ies). No motions or petitions other than preliminary objections, motions for judgment on the pleadings, and motions for summary judgment will be assigned briefing schedules unless the Court deems it to be necessary in any given case. 1.Moving Party's Brief. Whenever a party files a pleading, motion, petition or paper which raises an issue for disposition by the court upon argument only, such party shall have twenty (20) days after filing to same to file a brief in support thereof. In those instances where a transcript is necessary for preparation of the brief, the moving party shall have twenty (20) days after the transcript is filed with the Prothonotary, and copies shall be served forthwith upon all other parties of record or their counsel.2.Responding Party's Brief. Upon receipt of the moving party's brief, the other parties of record shall have twenty (20) days thereafter to file a reply brief. The original thereof shall be filed with the Prothonotary and copies thereof shall be served forthwith upon all other parties of record or their counsel.3. If a party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief be filed.Adopted July 18, 2006, effective 8/17/2006. Amended Jan, 8, 2015, effective 30 days after publication in the Pennsylvania Bulletin.