THE COURTS
Title 255—LOCAL COURT RULES
CLINTON COUNTY
Local Rules; No. 29 January Term 1976
[49 Pa.B. 6860]
[Saturday, November 16, 2019]
Order And Now, this 1st day of November, 2019, It Is Hereby Ordered as follows:
1. Current Local Rules No. 1028(c), 1034(a), and 1035.2(a) are Rescinded.
2. The following Local Rules No. 1028(c), 1034(a), and 1035.2(a) are Adopted by this Court and shall be effective thirty (30) days after being published in the Pennsylvania Bulletin.
3. This Court herein Adopts the following New Local Rule No. 1910.15.
4. The Clinton County Judicial Law Clerk is Ordered and Directed to:
(a) Distribute this Order and the following Local Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin by emailing a copy of this Order to bulletin@palrb.us and sending two (2) certified copies to:
Legislative Reference Bureau
Pa. Code & Bulletin Office
647 Main Capitol Building
Harrisburg, PA 17120-0033(b) Cause to be removed from this Court's website Local Rules No. 1028(c), 1034(a), and 1035.2(a) and replace said Local Rules on this Court's website with the following Local Rules within thirty (30) days after the publication in the Pennsylvania Bulletin.
(c) Add New Local Rule No. 1910.15 to this Court's website with the following Local Rule within thirty (30) days after the publication in the Pennsylvania Bulletin.
By the Court
CRAIG P. MILLER,
President JudgeRule 1028(c). Procedures Concerning Disposition of Preliminary Objections.
(A) Procedure Defined.
(1) Preliminary Objections shall be accompanied by a memorandum of law and must be filed with the office of the Prothonotary.
(2) Service shall be made in conformity with Pa.R.C.P. No. 440.
(3) All Preliminary Objections shall be accompanied by a notice plainly appearing on the face thereof of the date the motion was filed with the Prothonotary and advising that a reply memorandum of law must be filed within thirty (30) days from that date. The moving party shall also file an affidavit of service which shall state that the notice required by this rule has been given.
(4) The Prothonotary shall immediately send the Preliminary Objections and the accompanying memorandum to the Court Administrator who shall refer the matter to the appropriate Judge. All requests for an extension of the thirty (30) day period to answer Preliminary Objections must be approved by the Court by a motion addressed to the Court Administrator; no agreement entered into solely by the parties will be honored by the Court.
(5) Any Preliminary Objections filed without the accompanying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice required by subsection (3) of this rule, the Court may dispose of the matter without such memorandum.
(6) If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.
(7) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional memoranda, call for oral argument, advance the time for submitting memoranda, or enter an Order prior to the expiration of the thirty (30) day reply period.
(B) Matters Requiring Factual Supplement to the Record.
(1) In the case of Preliminary Objections challenging jurisdiction or service, a memorandum of law and notice to opposing parties to file a reply memorandum of law within thirty (30) days need not be filed contemporaneously with the Preliminary Objections. Instead, the party filing the Preliminary Objections shall indicate that additional testimony is required.
(2) In all such cases, the party filing the Preliminary Objections shall undertake to supplement the record with the necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the Preliminary Objections.
(3) If the Court requires, the party filing the Preliminary Objections shall file a memorandum of law within two (2) weeks from the completion of the supplementation of the record. This memorandum shall be processed as stated above.
Rule 1034(a). Procedures Concerning Disposition of Motions for Judgment on the Pleadings.
(A) Procedure Defined.
(1) Motions for Judgment on the Pleadings shall be accompanied by a memorandum of law and must be filed with the office of the Prothonotary.
(2) Service shall be made in conformity with Pa.R.C.P. No. 440.
(3) All Motions for Judgment on the Pleadings shall be accompanied by a notice plainly appearing on the face thereof of the date the motion was filed with the Prothonotary and advising that a reply memorandum of law must be filed within thirty (30) days from that date. The moving party shall also file with the motion an affidavit of service which shall state that the notice required by this rule has been given.
(4) The Prothonotary shall immediately send the motion to the Court Administrator who shall refer the matter the appropriate Judge. All requests for an extension of the thirty (30) day period to answer such motions must be approved by the Court by a motion addressed to the Court Administrator; no agreement entered into solely by the parties will be honored by the Court.
(5) Any motion subject to this rule which is filed without an accompanying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice required by subsection (3) of this rule, the Court may dispose of the matter without such memorandum.
(6) If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.
(7) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional memoranda, call for oral argument, advance the time for filing, or enter an order prior to the expiration of the thirty (30) day reply period.
(B) Matters Requiring Factual Supplement to the Record.
(1) In the case of motions based on facts not presently a part of the record, a memorandum of law and notice to opposing parties to file a reply memorandum of law within thirty (30) days need not be filed contemporaneously with the motion. Instead, the moving party shall indicate that additional testimony is required.
(2) In all such cases, the moving party shall undertake to supplement the record with the necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the motion.
(3) If the Court requires, the moving party shall file a memorandum of law within two (2) weeks from the completion of the supplementation of the record. This memorandum shall be processed as stated above.
Rule 1035.2(a). Procedures Concerning Disposition of Motions for Summary Judgment.
(A) Procedure Defined.
(1) Motions for Summary Judgment shall be accompanied by a memorandum of law and must be filed with the office of the Prothonotary.
(2) Service shall be made in conformity with Pa.R.C.P. No. 440.
(3) All motions shall be accompanied by a notice plainly appearing on the fact thereof of the date the motion was filed with the Prothonotary and advising that a reply memorandum of law must be filed within thirty (30) days from that date. The moving party shall also file with the motion an affidavit of service which shall state that the notice required by this rule has been given.
(4) The Prothonotary shall immediately send the Motion for Summary Judgment to the Court Administrator who shall refer the matter to the appropriate Judge. All requests for an extension of the thirty (30) day period to answer such motions must be approved by the Court by a motion addressed to the Court Administrator; no agreement entered into solely by the parties will be honored by the Court.
(5) Any motion subject to this rule which is filed without an accompanying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice required by subsection (3) of this rule, the court may dispose of the matter without such memorandum.
(6) If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly advised, and the moving party shall file an appropriate praecipe with the Prothonotary.
(7) The Court in its discretion may grant additional time in which to file a reply memorandum, request additional memoranda, call for oral argument, advance the time for filing, or enter an order prior to the expiration of the thirty (30) day reply period.
(B) Matters Requiring Factual Supplement to the Record.
(1) In the case of motions based on facts not presently a part of the record, a memorandum of law and notice to opposing parties to file a reply memorandum of law within thirty (30) days need not be filed contemporaneously with the motion. Instead, the moving party shall indicate that additional testimony is required.
(2) In all such cases, the moving party shall undertake to supplement the record with the necessary facts by affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the motion.
(3) If the Court requires, the moving party shall file a memorandum of law within two (2) weeks from the completion of the supplementation of the record. This memorandum shall be processed as stated above.
Rule 1910.15. Filing of Paternity Actions.
When a party seeks to initiate an action for paternity, the action must be initiated in the Domestic Relations Office.
[Pa.B. Doc. No. 19-1700. Filed for public inspection November 15, 2019, 9:00 a.m.]
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