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PA Bulletin, Doc. No. 00-879

THE COURTS

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1689 S 1989

[30 Pa.B. 2581]

Order

   And Now, this 4th day of May, 2000, Dauphin County Local Rule of Civil Procedure 211 is amended as follows:

Rule 211.  Argument Court.

C.  LISTING AND BRIEFING CASES

   (1)  Moving party

   (a)  Within [20] 30 days of the filing of any matter, the moving party shall file one original and three copies of a supporting brief together with affidavits, depositions, transcripts, or other supporting documents.

   (b)  The moving party shall serve copies of its brief on all opposing parties together with a notice to file a responsive brief within [20] 30 days of service.

   (c)  Upon the failure of the moving party to timely file and serve its brief, the court may sua sponte, or upon petition of the opposing party, order the matter withdrawn with prejudice.

   (2)  Opposition party

   (a)  Any party in opposition to the matter shall file one original and three copies of its responsive brief within [20] 30 days of service of the moving party.

   (b)  If an opposition party fails to file and serve its brief within the time period required, the court may consider such failure to be a waiver of opposition and shall sua sponte, or upon petition of the moving party, either 1) grant the relief requested, so long as such action does not result in dismissal of the case; or 2) exclude the opposition party from oral argument.

Comment to Amendment

   This amendment reflects the Court's decision to amend its argument court briefing schedule to parallel the summary judgment motion response schedule set forth in Pa.R.C.P. 1035.3. While this Court does not view the prior deadlines as inconsistent under Pa.R.C.P. 239(b), it acknowledges that ease of function will occur with such amendment. The attendant delay of up to 10 days per side amounts to less than three weeks, a short period in the timespan of the average suit.

   These amendments shall govern all matters submitted as of and including the August 17, 2000, argument court.

By the Court

JOSEPH H. KLEINFELTER,   
President Judge

[Pa.B. Doc. No. 00-879. Filed for public inspection May 26, 2000, 9:00 a.m.]


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