Lanc. Cnty. Pa. 1028(c)

As amended through April 9, 2024

Rule 1028(c) - Preliminary Objections

A. Preliminary Objections Pursuant to Pa. R.C.P. No. 1028(a)(2), (3) or (4).

1. Proposed Order. All preliminary objections shall be accompanied by a proposed order.

2. Stipulated Matters. If the parties agree to the relief sought, the preliminary objections shall be accompanied by a stipulation signed by all affected counsel or unrepresented parties, a proposed order and a praecipe to assign the stipulated matter for disposition.

3. Brief. The party filing preliminary objections shall file a supporting brief within ten days of the date of filing of the preliminary objections. If a supporting brief is not filed within ten days of the filing of the preliminary objections, the preliminary objections shall be deemed withdrawn upon praecipe of the respondent. In that event, the objecting party shall file an answer to the complaint within twenty days of the date the praecipe is filed.

4. Responsive Brief. If a supporting brief is filed, the respondent shall file a responsive brief within twenty days after service of the supporting brief.

5. Reply Brief. The moving party may file a reply brief within five days after service of the responsive brief.

6. Assignment. After all briefs are filed the Prothonotary shall deliver the file to the assigned judge for disposition.

7. Oral Argument. Any party may request oral argument by filing a praecipe at the time of the filing of their brief. Oral argument shall be at the discretion of the judge.

B. Preliminary Objections Pursuant to Pa. R.C.P. No. 1028(a)(1), (5) or (6).

C. If the parties agree to extend the briefing schedule, the parties shall file a Notice of Extension of Briefing Schedule setting forth the agreed upon extension. The Objection(s) at issue will be sent to the assigned judge for disposition upon completion of the agreed upon briefing schedule or by praecipe of any party.

Any party filing preliminary objections pursuant to Pa. R.C.P. No. 1028(a)(1), (5) or (6) shall attach a notice to plead. Such objections are governed by Local Rules 206.1(a), 206.4(c) and 206.7.

Lanc. Cnty. Pa. 1028(c)

Revised 7/12/2017. Effective 10/30/2017.